I 

111TH CONGRESS 

1ST SESSION H. R. 1924 

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 

APRIL 2, 2009 

Ms. HERSETH SANDLIN (for herself, Mr. KILDEE, and Mr. GRIJALVA) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


wwoods2 on PRODPC68 with BILLS
2 

•HR 1924 IH

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Tribal Law and Order Act of 2009’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 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 COLLECTION AND 

INFORMATION SHARING 

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. 


wwoods2 on PRODPC68 with BILLS
3 

•HR 1924 IH

Sec. 603. Testimony by Federal employees in cases of rape and sexual assault. 

Sec. 604. Coordination of Federal agencies. 

Sec. 605. Sexual assault protocol. 

1 SEC. 2. FINDINGS; PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the United States has distinct legal, treaty, 

4 and trust obligations to provide for the public safety 

5 of tribal communities; 

6 (2) several States have been delegated or have 

7 accepted responsibility to provide for the public safe8 ty of tribal communities within the borders of the 

9 States; 

10 (3) Congress and the President have acknowl11 edged that— 

12 (A) tribal law enforcement officers are 

13 often the first responders to crimes on Indian 

14 reservations; and 

15 (B) tribal justice systems are ultimately 

16 the most appropriate institutions for maintain17 ing law and order in tribal communities; 

18 (4) less than 3,000 tribal and Federal law en19 forcement officers patrol more than 56,000,000 

acres of Indian country, which reflects less than 1 20 ⁄2

21 of the law enforcement presence in comparable rural 

22 communities nationwide; 

23 (5) on many Indian reservations, law enforce24 ment officers respond to distress or emergency calls 


wwoods2 on PRODPC68 with BILLS
4 

•HR 1924 IH

1 without backup and travel to remote locations with2 out adequate radio communication or access to na3 tional crime information database systems; 

4 (6) the majority of tribal detention facilities 

5 were constructed decades before the date of enact6 ment of this Act and must be or will soon need to 

7 be replaced, creating a multibillion-dollar backlog in 

8 facility needs; 

9 (7) a number of Indian country offenders face 

10 no consequences for minor crimes, and many such 

11 offenders are released due to severe overcrowding in 

12 existing detention facilities; 

13 (8) tribal courts— 

14 (A) are the primary arbiters of criminal 

15 and civil justice for actions arising in Indian 

16 country; but 

17 (B) have been historically underfunded; 

18 (9) tribal courts have no criminal jurisdiction 

19 over non-Indian persons, and the sentencing author20 ity of tribal courts is limited to sentences of not 

21 more than 1 year of imprisonment for Indian offend22 ers, forcing tribal communities to rely solely on the 

23 Federal Government and certain State governments 

24 for the prosecution of— 


wwoods2 on PRODPC68 with BILLS
5 

•HR 1924 IH

1 (A) misdemeanors committed by non-In2 dian persons; and 

3 (B) all felony crimes in Indian country; 

4 (10) a significant percentage of cases referred 

5 to Federal agencies for prosecution of crimes alleg6 edly occurring in tribal communities are declined to 

7 be prosecuted; 

8 (11) the complicated jurisdictional scheme that 

9 exists in Indian country— 

10 (A) has a significant negative impact on 

11 the ability to provide public safety to Indian 

12 communities; and 

13 (B) has been increasingly exploited by 

14 criminals; 

15 (12) the violent crime rate in Indian country 

16 is— 

17 (A) nearly twice the national average; and 

18 (B) more than 20 times the national aver19 age on some Indian reservations; 

20 (13)(A) domestic and sexual violence against 

21 Indian and Alaska Native women has reached epi22 demic proportions; 

23 (B) 34 percent of Indian and Alaska Native 

24 women will be raped in their lifetimes; and 


wwoods2 on PRODPC68 with BILLS
6 

•HR 1924 IH

1 (C) 39 percent of Indian and Alaska Native 

2 women will be subject to domestic violence; 

3 (14) the lack of police presence and resources 

4 in Indian country has resulted in significant delays 

5 in responding to victims’ calls for assistance, which 

6 adversely affects the collection of evidence needed to 

7 prosecute crimes, particularly crimes of domestic 

8 and sexual violence; 

9 (15) alcohol and drug abuse plays a role in 

10 more than 80 percent of crimes committed in tribal 

11 communities; 

12 (16) the rate of methamphetamine addiction in 

13 tribal communities is 3 times the national average; 

14 (17) the Department of Justice has reported 

15 that drug organizations have increasingly targeted 

16 Indian country to produce and distribute meth17 amphetamine, citing the limited law enforcement 

18 presence and jurisdictional confusion as reasons for 

19 the increased activity; 

20 (18) tribal communities face significant in21 creases in instances of domestic violence, burglary, 

22 assault, and child abuse as a direct result of in23 creased methamphetamine use on Indian reserva24 tions; 


wwoods2 on PRODPC68 with BILLS
7 

•HR 1924 IH

1 (19)(A) criminal jurisdiction in Indian country 

2 is complex, and responsibility for Indian country law 

3 enforcement is shared among Federal, tribal, and 

4 State authorities; and 

5 (B) that complexity requires a high degree of 

6 commitment and cooperation from Federal and 

7 State officials that can be difficult to establish; 

8 (20) agreements for cooperation among cer9 tified tribal and State law enforcement officers have 

10 proven to improve law enforcement in tribal commu11 nities; 

12 (21) consistent communication among tribal, 

13 Federal, and State law enforcement agencies has 

14 proven to increase public safety and justice in tribal 

15 and nearby communities; and 

16 (22) crime data is a fundamental tool of law en17 forcement, but for decades the Bureau of Indian Af18 fairs and the Department of Justice have not been 

19 able to coordinate or consistently report crime and 

20 prosecution rates in tribal communities. 

21 (b) PURPOSES.—The purposes of this Act are— 

22 (1) to clarify the responsibilities of Federal, 

23 State, tribal, and local governments with respect to 

24 crimes committed in tribal communities; 


wwoods2 on PRODPC68 with BILLS
8 

•HR 1924 IH

1 (2) to increase coordination and communication 

2 among Federal, State, tribal, and local law enforce3 ment agencies; 

4 (3) to empower tribal governments with the au5 thority, resources, and information necessary to 

6 safely and effectively provide for the safety of the 

7 public in tribal communities; 

8 (4) to reduce the prevalence of violent crime in 

9 tribal communities and to combat violence against 

10 Indian and Alaska Native women; 

11 (5) to address and prevent drug trafficking and 

12 reduce rates of alcohol and drug addiction in Indian 

13 country; and 

14 (6) to increase and standardize the collection of 

15 criminal data and the sharing of criminal history in16 formation among Federal, State, and tribal officials 

17 responsible for responding to and investigating 

18 crimes in tribal communities. 

19 SEC. 3. DEFINITIONS. 

20 (a) IN GENERAL.—In this Act: 

21 (1) INDIAN COMMUNITY.—The term ‘‘Indian 

22 community’’ means a community of a federally rec23 ognized Indian tribe. 


wwoods2 on PRODPC68 with BILLS
9 

•HR 1924 IH

1 (2) INDIAN COUNTRY.—The term ‘‘Indian coun2 try’’ has the meaning given the term in section 1151 

3 of title 18, United States Code. 

4 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

5 has the meaning given the term in section 102 of the 

6 Federally Recognized Indian Tribe List Act of 1994 

7 (25 U.S.C. 479a). 

8 (4) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 (5) TRIBAL GOVERNMENT.—The term ‘‘tribal 

11 government’’ means the governing body of an Indian 

12 tribe. 

13 (b) INDIAN LAW ENFORCEMENT REFORM ACT.— 

14 Section 2 of the Indian Law Enforcement Reform Act (25 

15 U.S.C. 2801) is amended by adding at the end the fol16 lowing: 

17 ‘‘(10) TRIBAL JUSTICE OFFICIAL.—The term 

18 ‘tribal justice official’ means— 

19 ‘‘(A) a tribal prosecutor; 

20 ‘‘(B) a tribal law enforcement officer; or 

21 ‘‘(C) any other person responsible for in22 vestigating or prosecuting an alleged criminal 

23 offense in tribal court.’’. 


wwoods2 on PRODPC68 with BILLS
10 

•HR 1924 IH

1 SEC. 4. SEVERABILITY CLAUSE. 

2 If any provision of this Act, an amendment made this 

3 Act, or the application of such provision or amendment 

4 to any person or circumstance is held to be unconstitu5 tional, the remainder of this Act, the amendments made 

6 by this Act, and the application of the provisions of such 

7 to any person or circumstances shall not be affected there8 by. 

9 TITLE I—FEDERAL ACCOUNT10 ABILITY AND COORDINATION 

11 SEC. 101. OFFICE OF JUSTICE SERVICES RESPONSIBIL12 ITIES. 

13 (a) DEFINITIONS.—Section 2 of the Indian Law En14 forcement Reform Act (25 U.S.C. 2801) is amended— 

15 (1) by striking paragraph (8); 

16 (2) by redesignating paragraphs (1) through 

17 (7) as paragraphs (2) through (8), respectively; 

18 (3) by redesignating paragraph (9) as para19 graph (1) and moving the paragraphs so as to ap20 pear in numerical order; and 

21 (4) in paragraph (1) (as redesignated by para22 graph (3)), by striking ‘‘Division of Law Enforce23 ment Services’’ and inserting ‘‘Office of Justice 

24 Services’’. 


wwoods2 on PRODPC68 with BILLS
11 

•HR 1924 IH

1 (b) ADDITIONAL RESPONSIBILITIES OF OFFICE.— 

2 Section 3 of the Indian Law Enforcement Reform Act (25 

3 U.S.C. 2802) is amended— 

4 (1) in subsection (b), by striking ‘‘(b) There is 

5 hereby established within the Bureau a Division of 

6 Law Enforcement Services which’’ and inserting the 

7 following: 

8 ‘‘(b) OFFICE OF JUSTICE SERVICES.—There is estab9 lished in the Bureau an office, to be known as the ‘Office 

10 of Justice Services’, that’’; 

11 (2) in subsection (c)— 

12 (A) in the matter preceding paragraph (1), 

13 by striking ‘‘Division of Law Enforcement Serv14 ices’’ and inserting ‘‘Office of Justice Services’’; 

15 (B) in paragraph (2), by inserting ‘‘and, 

16 with the consent of the Indian tribe, tribal 

17 criminal laws, including testifying in tribal 

18 court’’ before the semicolon at the end; 

19 (C) in paragraph (8), by striking ‘‘and’’ at 

20 the end; 

21 (D) in paragraph (9), by striking the pe22 riod at the end and inserting a semicolon; and 

23 (E) by adding at the end the following: 

24 ‘‘(10) the development and provision of dispatch 

25 and emergency and E–911 services; 


wwoods2 on PRODPC68 with BILLS
12 

•HR 1924 IH

1 ‘‘(11) communicating with tribal leaders, tribal 

2 community and victims’ advocates, tribal justice offi3 cials, and residents of Indian land on a regular basis 

4 regarding public safety and justice concerns facing 

5 tribal communities; 

6 ‘‘(12) conducting meaningful and timely con7 sultation with tribal leaders and tribal justice offi8 cials in the development of regulatory policies and 

9 other actions that affect public safety and justice in 

10 Indian country; 

11 ‘‘(13) providing technical assistance and train12 ing to tribal law enforcement officials to gain access 

13 and input authority to utilize the National Criminal 

14 Information Center and other national crime infor15 mation databases pursuant to section 534 of title 

16 28, United States Code; 

17 ‘‘(14) in coordination with the Attorney General 

18 pursuant to subsection (g) of section 302 of the Om19 nibus Crime Control and Safe Streets Act of 1968 

20 (42 U.S.C. 3732), collecting, analyzing, and report21 ing data regarding Indian country crimes on an an22 nual basis; 

23 ‘‘(15) submitting to the Committee on Indian 

24 Affairs of the Senate and the Committee on Natural 

25 Resources of the House of Representatives, for each 


wwoods2 on PRODPC68 with BILLS
13 

•HR 1924 IH

1 fiscal year, a detailed spending report regarding 

2 tribal public safety and justice programs that in3 cludes— 

4 ‘‘(A)(i) the number of full-time employees 

5 of the Bureau and tribal government who serve 

6 as— 

7 ‘‘(I) criminal investigators; 

8 ‘‘(II) uniform police; 

9 ‘‘(III) police and emergency dis10 patchers; 

11 ‘‘(IV) detention officers; 

12 ‘‘(V) executive personnel, including 

13 special agents in charge, and directors and 

14 deputies of various offices in the Office of 

15 Justice Services; or 

16 ‘‘(VI) tribal court judges, prosecutors, 

17 public defenders, or related staff; and 

18 ‘‘(ii) the amount of appropriations obli19 gated for each category described in clause (i) 

20 for each fiscal year; 

21 ‘‘(B) a list of amounts dedicated to law en22 forcement and corrections, vehicles, related 

23 transportation costs, equipment, inmate trans24 portation costs, inmate transfer costs, replace25 ment, improvement, and repair of facilities, perVerDate Nov 24 2008 02:24 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1924.IH H1924

wwoods2 on PRODPC68 with BILLS
14 

•HR 1924 IH

1 sonnel transfers, detailees and costs related to 

2 their details, emergency events, public safety 

3 and justice communications and technology 

4 costs, and tribal court personnel, facilities, and 

5 related program costs; 

6 ‘‘(C) a list of the unmet staffing needs of 

7 law enforcement, corrections, and court per8 sonnel at tribal and Bureau of Indian Affairs 

9 justice agencies, the replacement and repair 

10 needs of tribal and Bureau corrections facilities, 

11 needs for tribal police and court facilities, and 

12 public safety and emergency communications 

13 and technology needs; and 

14 ‘‘(D) the formula, priority list or other 

15 methodology used to determine the method of 

16 disbursement of funds for the public safety and 

17 justice programs administered by the Office of 

18 Justice Services; 

19 ‘‘(16) submitting to the Committee on Indian 

20 Affairs of the Senate and the Committee on Natural 

21 Resources of the House of Representatives, for each 

22 fiscal year, a report summarizing the technical as23 sistance, training, and other support provided to 

24 tribal law enforcement and corrections agencies that 

25 operate relevant programs pursuant to self-deterVerDate Nov 24 2008 02:24 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1924.IH H1924

wwoods2 on PRODPC68 with BILLS
15 

•HR 1924 IH

1 mination contracts or self-governance compacts with 

2 the Bureau of Indian Affairs; and 

3 ‘‘(17) promulgating regulations to carry out 

4 this Act, and routinely reviewing and updating, as 

5 necessary, the regulations contained in subchapter B 

6 of title 25, Code of Federal Regulations (or suc7 cessor regulations).’’; 

8 (3) in subsection (d)— 

9 (A) in paragraph (1), by striking ‘‘Division 

10 of Law Enforcement Services’’ and inserting 

11 ‘‘Office of Justice Services’’; 

12 (B) in paragraph (3)— 

13 (i) by striking ‘‘regulations which 

14 shall establish’’ and inserting ‘‘regulations, 

15 which shall— 

16 ‘‘(A) establish’’; 

17 (ii) by striking ‘‘reservation.’’ and in18 serting ‘‘reservation; but’’; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(B) support the enforcement of tribal 

22 laws and investigation of offenses against tribal 

23 criminal laws.’’; and 


wwoods2 on PRODPC68 with BILLS
16 

•HR 1924 IH

1 (C) in paragraph (4)(i), in the first sen2 tence, by striking ‘‘Division’’ and inserting ‘‘Of3 fice of Justice Services’’; 

4 (4) in subsection (e), by striking ‘‘Division of 

5 Law Enforcement Services’’ each place it appears 

6 and inserting ‘‘Office of Justice Services’’; and 

7 (5) by adding at the end the following: 

8 ‘‘(f) LONG-TERM PLAN FOR TRIBAL DETENTION

9 PROGRAMS.—Not later than 1 year after the date of en10 actment of this subsection, the Secretary, acting through 

11 the Bureau, in coordination with the Department of Jus12 tice and in consultation with tribal leaders, tribal law en13 forcement officers, and tribal corrections officials, shall 

14 submit to Congress a long-term plan to address incarcer15 ation in Indian country, including a description of— 

16 ‘‘(1) proposed activities for the construction of 

17 detention facilities (including regional facilities) on 

18 Indian land; 

19 ‘‘(2) proposed activities for the construction of 

20 additional Federal detention facilities on Indian 

21 land; 

22 ‘‘(3) proposed activities for contracting with 

23 State and local detention centers, upon approval of 

24 affected tribal governments; 


wwoods2 on PRODPC68 with BILLS
17 

•HR 1924 IH

1 ‘‘(4) proposed activities for alternatives to in2 carceration, developed in cooperation with tribal 

3 court systems; and 

4 ‘‘(5) other such alternatives to incarceration as 

5 the Secretary, in coordination with the Bureau and 

6 in consultation with tribal representatives, deter7 mines to be necessary. 

8 ‘‘(g) LAW ENFORCEMENT PERSONNEL OF BUREAU

9 AND INDIAN TRIBES.— 

10 ‘‘(1) REPORT.—Not later than 60 days after 

11 the date of enactment of this subsection, the Sec12 retary shall submit to the Committee on Indian Af13 fairs of the Senate and the Committee on Natural 

14 Resources of the House of Representatives a report 

15 regarding vacancies in law enforcement personnel of 

16 Bureau and Indian tribes. 

17 ‘‘(2) LONG-TERM PLAN.—Not later than 1 year 

18 after the date of enactment of this subsection, the 

19 Secretary shall submit to the Committee on Indian 

20 Affairs of the Senate and the Committee on Natural 

21 Resources of the House of Representatives a long22 term plan to address law enforcement personnel 

23 needs in Indian country.’’. 


wwoods2 on PRODPC68 with BILLS
18 

•HR 1924 IH

1 (c) LAW ENFORCEMENT AUTHORITY.—Section 4 of 

2 the Indian Law Enforcement Reform Act (25 U.S.C. 

3 2803) is amended— 

4 (1) in paragraph (2)(A), by striking ‘‘), or’’ and 

5 inserting ‘‘or offenses committed on Federal prop6 erty processed by the Central Violations Bureau); 

7 or’’; and 

8 (2) in paragraph (3), by striking subparagraphs 

9 (A) through (C) and inserting the following: 

10 ‘‘(A) the offense is committed in the pres11 ence of the employee; or 

12 ‘‘(B) the offense is a Federal crime and 

13 the employee has reasonable grounds to believe 

14 that the person to be arrested has committed, 

15 or is committing, the crime;’’. 

16 SEC. 102. DECLINATION REPORTS. 

17 Section 10 of the Indian Law Enforcement Reform 

18 Act (25 U.S.C. 2809) is amended by striking subsections 

19 (a) through (d) and inserting the following: 

20 ‘‘(a) REPORTS.— 

21 ‘‘(1) LAW ENFORCEMENT OFFICIALS.—Subject 

22 to subsection (d), if a law enforcement officer or em23 ployee of any Federal department or agency declines 

24 to initiate an investigation of an alleged violation of 

25 Federal law in Indian country, or terminates such 


wwoods2 on PRODPC68 with BILLS
19 

•HR 1924 IH

1 an investigation without referral for prosecution, the 

2 officer or employee shall— 

3 ‘‘(A) submit to the appropriate tribal jus4 tice officials evidence, including related reports, 

5 relevant to the case that would advance pros6 ecution of the case in a tribal court; and 

7 ‘‘(B) submit to the Office of Indian Coun8 try Crime relevant information regarding all 

9 declinations of alleged violations of Federal law 

10 in Indian country, including— 

11 ‘‘(i) the type of crime alleged; 

12 ‘‘(ii) the status of the accused as an 

13 Indian or non-Indian; 

14 ‘‘(iii) the status of the victim as an 

15 Indian; and 

16 ‘‘(iv) the reason for declining to ini17 tiate, open, or terminate the investigation. 

18 ‘‘(2) UNITED STATES ATTORNEYS.—Subject to 

19 subsection (d), if a United States Attorney declines 

20 to prosecute, or acts to terminate prosecution of, an 

21 alleged violation of Federal law in Indian country, 

22 the United States Attorney shall— 

23 ‘‘(A) submit to the appropriate tribal jus24 tice official, sufficiently in advance of the tribal 

25 statute of limitations, evidence relevant to the 


wwoods2 on PRODPC68 with BILLS
20 

•HR 1924 IH

1 case to permit the tribal prosecutor to pursue 

2 the case in tribal court; and 

3 ‘‘(B) submit to the Office of Indian Coun4 try Crime and the appropriate tribal justice of5 ficial relevant information regarding all declina6 tions of alleged violations of Federal law in In7 dian country, including— 

8 ‘‘(i) the type of crime alleged; 

9 ‘‘(ii) the status of the accused as an 

10 Indian or non-Indian; 

11 ‘‘(iii) the status of the victim as an 

12 Indian; and 

13 ‘‘(iv) the reason for the determination 

14 to decline or terminate the prosecution. 

15 ‘‘(b) MAINTENANCE OF RECORDS.— 

16 ‘‘(1) IN GENERAL.—The Director of the Office 

17 of Indian Country Crime shall establish and main18 tain a compilation of information received under 

19 paragraph (1) or (2) of subsection (a) relating to 

20 declinations. 

21 ‘‘(2) AVAILABILITY TO CONGRESS.—Each com22 pilation under paragraph (1) shall be made available 

23 to Congress on an annual basis. 

24 ‘‘(c) INCLUSION OF CASE FILES.—A report sub25 mitted to the appropriate tribal justice officials under 


wwoods2 on PRODPC68 with BILLS
21 

•HR 1924 IH

1 paragraph (1) or (2) of subsection (a) may include the 

2 case file, including evidence collected and statements 

3 taken that could support an investigation or prosecution 

4 by the appropriate tribal justice officials. 

5 ‘‘(d) EFFECT OF SECTION.— 

6 ‘‘(1) IN GENERAL.—Nothing in this section re7 quires any Federal agency or official to transfer or 

8 disclose any confidential or privileged communica9 tion, information, or source to an official of any In10 dian tribe. 

11 ‘‘(2) FEDERAL RULES OF CRIMINAL PROCE12 DURE.—Rule 6 of the Federal Rules of Criminal 

13 Procedure shall apply to this section. 

14 ‘‘(3) REGULATIONS.—Each Federal agency re15 quired to submit a report pursuant to this section 

16 shall adopt, by regulation, standards for the protec17 tion of confidential or privileged communications, in18 formation, and sources under paragraph (1).’’. 

19 SEC. 103. PROSECUTION OF CRIMES IN INDIAN COUNTRY. 

20 (a) APPOINTMENT OF SPECIAL PROSECUTORS.—Sec21 tion 543 of title 28, United States Code, is amended— 

22 (1) in subsection (a), by inserting before the pe23 riod at the end the following: ‘‘, including the ap24 pointment of qualified tribal prosecutors and other 


wwoods2 on PRODPC68 with BILLS
22 

•HR 1924 IH

1 qualified attorneys to assist in prosecuting Federal 

2 offenses committed in Indian country’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(c) SENSE OF CONGRESS REGARDING CONSULTA5 TION.—It is the sense of Congress that, in appointing at6 torneys under this section to serve as special prosecutors 

7 in Indian country, the Attorney General should consult 

8 with tribal justice officials of each Indian tribe that would 

9 be affected by the appointment.’’. 

10 (b) TRIBAL LIAISONS.—The Indian Law Enforce11 ment Reform Act (25 U.S.C. 2801 et seq.) is amended 

12 by adding at the end the following: 

13 ‘‘SEC. 11. ASSISTANT UNITED STATES ATTORNEY TRIBAL LI14 AISONS. 

15 ‘‘(a) APPOINTMENT.—Each United States Attorney 

16 the district of which includes Indian country shall appoint 

17 not less than 1 assistant United States Attorney to serve 

18 as a tribal liaison for the district. 

19 ‘‘(b) DUTIES.—A tribal liaison shall be responsible 

20 for the following activities in the district of the tribal liai21 son: 

22 ‘‘(1) Coordinating the prosecution of Federal 

23 crimes that occur in Indian country. 


wwoods2 on PRODPC68 with BILLS
23 

•HR 1924 IH

1 ‘‘(2) Developing multidisciplinary teams to com2 bat child abuse and domestic and sexual violence of3 fenses against Indians. 

4 ‘‘(3) Consulting and coordinating with tribal 

5 justice officials and victims’ advocates to address 

6 any backlog in the prosecution of major crimes in 

7 Indian country in the district. 

8 ‘‘(4) Developing working relationships and 

9 maintaining communication with tribal leaders, trib10 al community and victims’ advocates, and tribal jus11 tice officials to gather information from, and share 

12 appropriate information with, tribal justice officials. 

13 ‘‘(5) Coordinating with tribal prosecutors in 

14 cases in which a tribal government has concurrent 

15 jurisdiction over an alleged crime, in advance of the 

16 expiration of any applicable statute of limitation. 

17 ‘‘(6) Providing technical assistance and training 

18 regarding evidence gathering techniques to tribal 

19 justice officials and other individuals and entities 

20 that are instrumental to responding to Indian coun21 try crimes. 

22 ‘‘(7) Conducting training sessions and seminars 

23 to certify special law enforcement commissions to 

24 tribal justice officials and other individuals and entiVerDate Nov 24 2008 02:24 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1924.IH H1924

wwoods2 on PRODPC68 with BILLS
24 

•HR 1924 IH

1 ties responsible for responding to Indian country 

2 crimes. 

3 ‘‘(8) Coordinating with the Office of Indian 

4 Country Crime, as necessary. 

5 ‘‘(9) Conducting such other activities to address 

6 and prevent violent crime in Indian country as the 

7 applicable United States Attorney determines to be 

8 appropriate. 

9 ‘‘(c) SENSE OF CONGRESS REGARDING EVALUA10 TIONS OF TRIBAL LIAISONS.— 

11 ‘‘(1) FINDINGS.—Congress finds that— 

12 ‘‘(A) many tribal communities rely solely 

13 on United States Attorneys offices to prosecute 

14 felony and misdemeanor crimes occurring on 

15 Indian land; and 

16 ‘‘(B) tribal liaisons have dual obligations 

17 of— 

18 ‘‘(i) coordinating prosecutions of In19 dian country crime; and 

20 ‘‘(ii) developing relationships with 

21 tribal communities and serving as a link 

22 between tribal communities and the Fed23 eral justice process. 

24 ‘‘(2) SENSE OF CONGRESS.—It is the sense of 

25 Congress that the Attorney General should— 


wwoods2 on PRODPC68 with BILLS
25 

•HR 1924 IH

1 ‘‘(A) take all appropriate actions to en2 courage the aggressive prosecution of all crimes 

3 committed in Indian country; and 

4 ‘‘(B) when appropriate, take into consider5 ation the dual responsibilities of tribal liaisons 

6 described in paragraph (1)(B) in evaluating the 

7 performance of the tribal liaisons. 

8 ‘‘(d) ENHANCED PROSECUTION OF MINOR

9 CRIMES.— 

10 ‘‘(1) IN GENERAL.—Each United States Attor11 ney serving a district that includes Indian country is 

12 authorized and encouraged— 

13 ‘‘(A) to appoint Special Assistant United 

14 States Attorneys pursuant to section 543(a) of 

15 title 28, United States Code, to prosecute 

16 crimes in Indian country as necessary to im17 prove the administration of justice, and particu18 larly when— 

19 ‘‘(i) the crime rate exceeds the na20 tional average crime rate; or 

21 ‘‘(ii) the rate at which criminal of22 fenses are declined to be prosecuted ex23 ceeds the national average declination rate; 

24 ‘‘(B) to coordinate with applicable United 

25 States magistrate and district courts— 


wwoods2 on PRODPC68 with BILLS
26 

•HR 1924 IH

1 ‘‘(i) to ensure the provision of docket 

2 time for prosecutions of Indian country 

3 crimes; and 

4 ‘‘(ii) to hold trials and other pro5 ceedings in Indian country, as appropriate; 

6 ‘‘(C) to provide to appointed Special As7 sistant United States Attorneys appropriate 

8 training, supervision, and staff support; and 

9 ‘‘(D) if an agreement is entered into with 

10 a Federal court pursuant to paragraph (2), to 

11 provide technical and other assistance to tribal 

12 governments and tribal court systems to ensure 

13 the success of the program under this sub14 section. 

15 ‘‘(2) SENSE OF CONGRESS REGARDING CON16 SULTATION.—It is the sense of Congress that, in ap17 pointing Special Assistant United States Attorneys 

18 under this subsection, a United States Attorney 

19 should consult with tribal justice officials of each In20 dian tribe that would be affected by the appoint21 ment.’’. 

22 SEC. 104. ADMINISTRATION. 

23 (a) OFFICE OF TRIBAL JUSTICE.— 


wwoods2 on PRODPC68 with BILLS
27 

•HR 1924 IH

1 (1) DEFINITIONS.—Section 4 of the Indian 

2 Tribal Justice Technical and Legal Assistance Act of 

3 2000 (25 U.S.C. 3653) is amended— 

4 (A) by redesignating paragraphs (2) 

5 through (7) as paragraphs (3) through (8), re6 spectively; and 

7 (B) by inserting after paragraph (1) the 

8 following: 

9 ‘‘(2) DIRECTOR.—The term ‘Director’ means 

10 the Director of the Office of Tribal Justice.’’. 

11 (2) STATUS.—Title I of the Indian Tribal Jus12 tice Technical and Legal Assistance Act of 2000 is 

13 amended— 

14 (A) by redesignating section 106 (25 

15 U.S.C. 3666) as section 107; and 

16 (B) by inserting after section 105 (25 

17 U.S.C. 3665) the following: 

18 ‘‘SEC. 106. OFFICE OF TRIBAL JUSTICE. 

19 ‘‘(a) IN GENERAL.—Not later than 90 days after the 

20 date of enactment of the Tribal Law and Order Act of 

21 2009, the Attorney General shall modify the status of the 

22 Office of Tribal Justice as the Attorney General deter23 mines to be necessary to establish the Office of Tribal Jus24 tice as a permanent division of the Department. 


wwoods2 on PRODPC68 with BILLS
28 

•HR 1924 IH

1 ‘‘(b) PERSONNEL AND FUNDING.—The Attorney 

2 General shall provide to the Office of Tribal Justice such 

3 personnel and funds as are necessary to establish the Of4 fice of Tribal Justice as a division of the Department 

5 under subsection (a). 

6 ‘‘(c) ADDITIONAL DUTIES.—In addition to the duties 

7 of the Office of Tribal Justice in effect on the day before 

8 the date of enactment of the Tribal Law and Order Act 

9 of 2009, the Office of Tribal Justice shall— 

10 ‘‘(1) serve as the program and legal policy advi11 sor to the Attorney General with respect to the trea12 ty and trust relationship between the United States 

13 and Indian tribes; 

14 ‘‘(2) serve as the point of contact for federally 

15 recognized tribal governments and tribal organiza16 tions with respect to questions and comments re17 garding policies and programs of the Department 

18 and issues relating to public safety and justice in In19 dian country; and 

20 ‘‘(3) coordinate with other bureaus, agencies, 

21 offices, and divisions within the Department of Jus22 tice to ensure that each component has an account23 able process to ensure meaningful and timely con24 sultation with tribal leaders in the development of 

25 regulatory policies and other actions that affect— 


wwoods2 on PRODPC68 with BILLS
29 

•HR 1924 IH

1 ‘‘(A) the trust responsibility of the United 

2 States to Indian tribes; 

3 ‘‘(B) any tribal treaty provision; 

4 ‘‘(C) the status of Indian tribes as a sov5 ereign governments; or 

6 ‘‘(D) any other tribal interest.’’. 

7 (b) OFFICE OF INDIAN COUNTRY CRIME.—The In8 dian Law Enforcement Reform Act (25 U.S.C. 2801 et 

9 seq.) (as amended by section 103(b)) is amended by add10 ing at the end the following: 

11 ‘‘SEC. 12. OFFICE OF INDIAN COUNTRY CRIME. 

12 ‘‘(a) ESTABLISHMENT.—There is established in the 

13 criminal division of the Department of Justice an office, 

14 to be known as the ‘Office of Indian Country Crime’. 

15 ‘‘(b) DUTIES.—The Office of Indian Country Crime 

16 shall— 

17 ‘‘(1) develop, enforce, and administer the appli18 cation of Federal criminal laws applicable in Indian 

19 country; 

20 ‘‘(2) coordinate with the United States Attor21 neys that have authority to prosecute crimes in In22 dian country; 

23 ‘‘(3) coordinate prosecutions of crimes of na24 tional significance in Indian country, as determined 

25 by the Attorney General; 


wwoods2 on PRODPC68 with BILLS
30 

•HR 1924 IH

1 ‘‘(4) develop and implement criminal enforce2 ment policies for United States Attorneys and inves3 tigators of Federal crimes regarding cases arising in 

4 Indian country; and 

5 ‘‘(5) submit to the Committee on Indian Affairs 

6 of the Senate and the Committee on Natural Re7 sources of the House of Representatives annual re8 ports describing the prosecution and declination 

9 rates of cases involving alleged crimes in Indian 

10 country referred to United States Attorneys. 

11 ‘‘(c) DEPUTY ASSISTANT ATTORNEY GENERAL.— 

12 ‘‘(1) APPOINTMENT.—The Attorney General 

13 shall appoint a Deputy Assistant Attorney General 

14 for Indian Country Crime. 

15 ‘‘(2) DUTIES.—The Deputy Assistant Attorney 

16 General for Indian Country Crime shall— 

17 ‘‘(A) serve as the head of the Office of In18 dian Country Crime; 

19 ‘‘(B) serve as a point of contact to United 

20 State Attorneys serving districts including In21 dian country, tribal liaisons, tribal governments, 

22 and other Federal, State, and local law enforce23 ment agencies regarding issues affecting the 

24 prosecution of crime in Indian country; and 


wwoods2 on PRODPC68 with BILLS
31 

•HR 1924 IH

1 ‘‘(C) carry out such other duties as the At2 torney General may prescribe.’’. 

3 TITLE II—STATE ACCOUNT4 ABILITY AND COORDINATION 

5 SEC. 201. STATE CRIMINAL JURISDICTION AND RE6 SOURCES. 

7 (a) CONCURRENT AUTHORITY OF UNITED

8 STATES.—Section 401(a) of Public Law 90–284 (25 

9 U.S.C. 1321(a)) is amended— 

10 (1) by striking the section designation and 

11 heading and all that follows through ‘‘The consent 

12 of the United States’’ and inserting the following: 

13 ‘‘SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDIC14 TION. 

15 ‘‘(a) CONSENT OF UNITED STATES.— 

16 ‘‘(1) IN GENERAL.—The consent of the United 

17 States’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(2) CONCURRENT JURISDICTION.—At the re20 quest of an Indian tribe, and after consultation with 

21 the Attorney General, the United States shall main22 tain concurrent jurisdiction to prosecute violations of 

23 sections 1152 and 1153 of title 18, United States 

24 Code, within the Indian country of the Indian 

25 tribe.’’. 


wwoods2 on PRODPC68 with BILLS
32 

•HR 1924 IH

1 (b) APPLICABLE LAW.—Section 1162 of title 18, 

2 United States Code, is amended by striking subsection (c) 

3 and inserting the following: 

4 ‘‘(c) APPLICABLE LAW.—At the request of an Indian 

5 tribe, and after consultation with the Attorney General— 

6 ‘‘(1) sections 1152 and 1153 of this title shall 

7 remain in effect in the areas of the Indian country 

8 of the Indian tribe; and 

9 ‘‘(2) jurisdiction over those areas shall be con10 current among the Federal Government and State 

11 and tribal governments.’’. 

12 SEC. 202. INCENTIVES FOR STATE, TRIBAL, AND LOCAL 

13 LAW ENFORCEMENT COOPERATION. 

14 (a) ESTABLISHMENT OF COOPERATIVE ASSISTANCE

15 PROGRAM.—The Attorney General may provide grants, 

16 technical assistance, and other assistance to State, tribal, 

17 and local governments that enter into cooperative agree18 ments, including agreements relating to mutual aid, hot 

19 pursuit of suspects, and cross-deputization for the pur20 poses of— 

21 (1) improving law enforcement effectiveness; 

22 and 

23 (2) reducing crime in Indian country and near24 by communities. 

25 (b) PROGRAM PLANS.— 


wwoods2 on PRODPC68 with BILLS
33 

•HR 1924 IH

1 (1) IN GENERAL.—To be eligible to receive as2 sistance under this section, a group composed of not 

3 less than 1 of each of a tribal government and a 

4 State or local government shall jointly develop and 

5 submit to the Attorney General a plan for a program 

6 to achieve the purpose described in subsection (a). 

7 (2) PLAN REQUIREMENTS.—A joint program 

8 plan under paragraph (1) shall include a description 

9 of— 

10 (A) the proposed cooperative tribal and 

11 State or local law enforcement program for 

12 which funding is sought, including information 

13 on the population and each geographic area to 

14 be served by the program; 

15 (B) the need of the proposed program for 

16 funding under this section, the amount of fund17 ing requested, and the proposed use of funds, 

18 subject to the requirements listed in subsection 

19 (c); 

20 (C) the unit of government that will ad21 minister any assistance received under this sec22 tion, and the method by which the assistance 

23 will be distributed; 

24 (D) the types of law enforcement services 

25 to be performed on each applicable Indian resVerDate Nov 24 2008 02:24 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H1924.IH H1924

wwoods2 on PRODPC68 with BILLS
34 

•HR 1924 IH

1 ervation and the individuals and entities that 

2 will perform those services; 

3 (E) the individual or group of individuals 

4 who will exercise daily supervision and control 

5 over law enforcement officers participating in 

6 the program; 

7 (F) the method by which local and tribal 

8 government input with respect to the planning 

9 and implementation of the program will be en10 sured; 

11 (G) the policies of the program regarding 

12 mutual aid, hot pursuit of suspects, deputiza13 tion, training, and insurance of applicable law 

14 enforcement officers; 

15 (H) the recordkeeping procedures and 

16 types of data to be collected pursuant to the 

17 program; and 

18 (I) other information that the Attorney 

19 General determines to be relevant. 

20 (c) PERMISSIBLE USES OF FUNDS.—An eligible enti21 ty that receives a grant under this section may use the 

22 grant, in accordance with the program plan described in 

23 subsection (b)— 

24 (1) to hire and train new career tribal, State, 

25 or local law enforcement officers, or to make overVerDate Nov 24 2008 02:24 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H1924.IH H1924

wwoods2 on PRODPC68 with BILLS
35 

•HR 1924 IH

1 time payments for current law enforcement officers, 

2 that are or will be dedicated to— 

3 (A) policing tribal land and nearby lands; 

4 and 

5 (B) investigating alleged crimes on those 

6 lands; 

7 (2) procure equipment, technology, or support 

8 systems to be used to investigate crimes and share 

9 information between tribal, State, and local law en10 forcement agencies; or 

11 (3) for any other uses that the Attorney Gen12 eral determines will meet the purposes described in 

13 subsection (a). 

14 (d) FACTORS FOR CONSIDERATION.—In determining 

15 whether to approve a joint program plan submitted under 

16 subsection (b) and, on approval, the amount of assistance 

17 to provide to the program, the Attorney General shall take 

18 into consideration the following factors: 

19 (1) The size and population of each Indian res20 ervation and nearby community proposed to be 

21 served by the program. 

22 (2) The complexity of the law enforcement 

23 problems proposed to be addressed by the program. 

24 (3) The range of services proposed to be pro25 vided by the program. 


wwoods2 on PRODPC68 with BILLS
36 

•HR 1924 IH

1 (4) The proposed improvements the program 

2 will make regarding law enforcement cooperation be3 yond existing levels of cooperation. 

4 (5) The crime rates of the tribal and nearby 

5 communities. 

6 (6) The available resources of each entity apply7 ing for a grant under this section for dedication to 

8 public safety in the respective jurisdictions of the en9 tities. 

10 (e) ANNUAL REPORTS.—To be eligible to renew or 

11 extend a grant under this section, a group described in 

12 subsection (b)(1) shall submit to the Attorney General, to13 gether with the joint program plan under subsection (b), 

14 a report describing the law enforcement activities carried 

15 out pursuant to the program during the preceding fiscal 

16 year, including the success of the activities, including any 

17 increase in arrests or prosecutions. 

18 (f) REPORTS BY ATTORNEY GENERAL.—Not later 

19 than January 15 of each applicable fiscal year, the Attor20 ney General shall submit to the Committee on Indian Af21 fairs of the Senate and the Committee on Natural Re22 sources of the House of Representatives a report describ23 ing the law enforcement programs carried out using assist24 ance provided under this section during the preceding fis25 cal year, including the success of the programs. 


wwoods2 on PRODPC68 with BILLS
37 

•HR 1924 IH

1 (g) TECHNICAL ASSISTANCE.—On receipt of a re2 quest from a group composed of not less than 1 tribal 

3 government and 1 State or local government, the Attorney 

4 General shall provide technical assistance to the group to 

5 develop successful cooperative relationships that effectively 

6 combat crime in Indian country and nearby communities. 

7 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated such sums as are nec9 essary to carry out this section for each of fiscal years 

10 2010 through 2014. 

11 TITLE III—EMPOWERING TRIBAL 

12 LAW ENFORCEMENT AGEN13 CIES AND TRIBAL GOVERN14 MENTS 

15 SEC. 301. TRIBAL POLICE OFFICERS. 

16 (a) FLEXIBILITY IN TRAINING LAW ENFORCEMENT

17 OFFICERS SERVING INDIAN COUNTRY.—Section 3(e) of 

18 the Indian Law Enforcement Reform Act (25 U.S.C. 

19 2802(e)) (as amended by section 101(b)(4)) is amended— 

20 (1) in paragraph (1)— 

21 (A) by striking ‘‘(e)(1) The Secretary’’ and 

22 inserting the following: 

23 ‘‘(e) STANDARDS OF EDUCATION AND EXPERIENCE

24 AND CLASSIFICATION OF POSITIONS.— 


wwoods2 on PRODPC68 with BILLS
38 

•HR 1924 IH

1 ‘‘(1) STANDARDS OF EDUCATION AND EXPERI2 ENCE.— 

3 ‘‘(A) IN GENERAL.—The Secretary’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(B) TRAINING.—The training standards 

6 established under subparagraph (A) shall per7 mit law enforcement personnel of the Office of 

8 Justice Services or an Indian tribe to obtain 

9 training at a State or tribal police academy, a 

10 local or tribal community college, or another 

11 training academy that meets the relevant Peace 

12 Officer Standards and Training.’’; 

13 (2) in paragraph (3), by striking ‘‘Agencies’’ 

14 and inserting ‘‘agencies’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(4) BACKGROUND CHECKS FOR OFFICERS.— 

17 The Office of Justice Services shall develop stand18 ards and deadlines for the provision of background 

19 checks for tribal law enforcement and corrections of20 ficials that ensure that a response to a request by 

21 an Indian tribe for such a background check shall be 

22 provided by not later than 60 days after the date of 

23 receipt of the request, unless an adequate reason for 

24 failure to respond by that date is provided to the In25 dian tribe.’’. 


wwoods2 on PRODPC68 with BILLS
39 

•HR 1924 IH

1 (b) SPECIAL LAW ENFORCEMENT COMMISSIONS.— 

2 Section 5(a) of the Indian Law Enforcement Reform Act 

3 (25 U.S.C. 2804(a)) is amended— 

4 (1) by striking ‘‘(a) The Secretary may enter 

5 into an agreement’’ and inserting the following: 

6 ‘‘(a) AGREEMENTS.— 

7 ‘‘(1) IN GENERAL.—Not later than 180 days 

8 after the date of enactment of the Tribal Law and 

9 Order Act of 2009, the Secretary shall establish pro10 cedures to enter into memoranda of agreement’’; 

11 (2) in the second sentence, by striking ‘‘The 

12 Secretary’’ and inserting the following: 

13 ‘‘(2) CERTAIN ACTIVITIES.—The Secretary’’; 

14 and 

15 (3) by adding at the end the following: 

16 ‘‘(3) PROGRAM ENHANCEMENT.— 

17 ‘‘(A) TRAINING SESSIONS IN INDIAN COUN18 TRY.— 

19 ‘‘(i) IN GENERAL.—The procedures 

20 described in paragraph (1) shall include 

21 the development of a plan to enhance the 

22 certification and provision of special law 

23 enforcement commissions to tribal law en24 forcement officials, and, subject to subVerDate Nov 24 2008 02:24 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H1924.IH H1924

wwoods2 on PRODPC68 with BILLS
40 

•HR 1924 IH

1 section (d), State and local law enforce2 ment officials, pursuant to this section. 

3 ‘‘(ii) INCLUSIONS.—The plan under 

4 clause (i) shall include the hosting of re5 gional training sessions in Indian country, 

6 not less frequently than biannually, to edu7 cate and certify candidates for the special 

8 law enforcement commissions. 

9 ‘‘(B) MEMORANDA OF AGREEMENT.— 

10 ‘‘(i) IN GENERAL.—Not later than 

11 180 days after the date of enactment of 

12 the Tribal Law and Order Act of 2009, the 

13 Secretary, in consultation with Indian 

14 tribes and tribal law enforcement agencies, 

15 shall develop minimum requirements to be 

16 included in special law enforcement com17 mission agreements pursuant to this sec18 tion. 

19 ‘‘(ii) AGREEMENT.—Not later than 60 

20 days after the date on which the Secretary 

21 determines that all applicable requirements 

22 under clause (i) are met, the Secretary 

23 shall offer to enter into a special law en24 forcement commission agreement with the 

25 applicable Indian tribe.’’. 


wwoods2 on PRODPC68 with BILLS
41 

•HR 1924 IH

1 (c) INDIAN LAW ENFORCEMENT FOUNDATION.—The 

2 Indian Self-Determination and Education Assistance Act 

3 (25 U.S.C. 450 et seq.) is amended by adding at the end 

4 the following: 

5 ‘‘TITLE VII—INDIAN LAW 

6 ENFORCEMENT FOUNDATION 

7 ‘‘SEC. 701. INDIAN LAW ENFORCEMENT FOUNDATION. 

8 ‘‘(a) ESTABLISHMENT.—As soon as practicable after 

9 the date of enactment of this title, the Secretary shall es10 tablish, under the laws of the District of Columbia and 

11 in accordance with this title, a foundation, to be known 

12 as the ‘Indian Law Enforcement Foundation’ (referred to 

13 in this section as the ‘Foundation’). 

14 ‘‘(b) DUTIES.—The Foundation shall— 

15 ‘‘(1) encourage, accept, and administer, in ac16 cordance with the terms of each donation, private 

17 gifts of real and personal property, and any income 

18 from or interest in such gifts, for the benefit of, or 

19 in support of, public safety and justice services in 

20 American Indian and Alaska Native communities; 

21 and 

22 ‘‘(2) assist the Office of Justice Services of the 

23 Bureau of Indian Affairs and Indian tribal govern24 ments in funding and conducting activities and pro25 viding education to advance and support the proviVerDate Nov 24 2008 02:24 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H1924.IH H1924

wwoods2 on PRODPC68 with BILLS
42 

•HR 1924 IH

1 sion of public safety and justice services in American 

2 Indian and Alaska Native communities.’’. 

3 (d) ACCEPTANCE AND ASSISTANCE.—Section 5 of the 

4 Indian Law Enforcement Reform Act (25 U.S.C. 2804) 

5 is amended by adding at the end the following: 

6 ‘‘(g) ACCEPTANCE OF ASSISTANCE.—The Bureau 

7 may accept reimbursement, resources, assistance, or fund8 ing from— 

9 ‘‘(1) a Federal, tribal, State, or other govern10 ment agency; or 

11 ‘‘(2) the Indian Law Enforcement Foundation 

12 established under section 701(a) of the Indian Self13 Determination and Education Assistance Act.’’. 

14 SEC. 302. DRUG ENFORCEMENT IN INDIAN COUNTRY. 

15 (a) EDUCATION AND RESEARCH PROGRAMS.—Sec16 tion 502 of the Controlled Substances Act (21 U.S.C. 872) 

17 is amended in subsections (a)(1) and (c), by inserting ‘‘ 

18 tribal,’’ after ‘‘State,’’ each place it appears. 

19 (b) PUBLIC-PRIVATE EDUCATION PROGRAM.—Sec20 tion 503 of the Comprehensive Methamphetamine Control 

21 Act of 1996 (21 U.S.C. 872a) is amended— 

22 (1) in subsection (a), by inserting ‘‘tribal,’’ 

23 after ‘‘State,’’; and 

24 (2) in subsection (b)(2), by inserting ‘‘, tribal,’’ 

25 after ‘‘State’’. 


wwoods2 on PRODPC68 with BILLS
43 

•HR 1924 IH

1 (c) COOPERATIVE ARRANGEMENTS.—Section 503 of 

2 the Controlled Substances Act (21 U.S.C. 873) is amend3 ed— 

4 (1) in subsection (a)— 

5 (A) by inserting ‘‘tribal,’’ after ‘‘State,’’ 

6 each place it appears; and 

7 (B) in paragraphs (6) and (7), by inserting 

8 ‘‘, tribal,’’ after ‘‘State’’ each place it appears; 

9 and 

10 (2) in subsection (d)(1), by inserting ‘‘, tribal,’’ 

11 after ‘‘State’’. 

12 (d) POWERS OF ENFORCEMENT PERSONNEL.—Sec13 tion 508(a) of the Controlled Substances Act (21 U.S.C. 

14 878(a)) is amended in the matter preceding paragraph (1) 

15 by inserting ‘‘, tribal,’’ after ‘‘State’’. 

16 SEC. 303. ACCESS TO NATIONAL CRIMINAL INFORMATION 

17 DATABASES. 

18 (a) ACCESS TO NATIONAL CRIMINAL INFORMATION

19 DATABASES.—Section 534 of title 28, United States Code, 

20 is amended— 

21 (1) in subsection (a)(4), by inserting ‘‘Indian 

22 tribes,’’ after ‘‘the States,’’; 

23 (2) by striking subsection (d) and inserting the 

24 following: 


wwoods2 on PRODPC68 with BILLS
44 

•HR 1924 IH

1 ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The 

2 Attorney General shall permit tribal and Bureau of Indian 

3 Affairs law enforcement agencies— 

4 ‘‘(1) to directly access and enter information 

5 into Federal criminal information databases; and 

6 ‘‘(2) to directly obtain information from the 

7 databases.’’; 

8 (3) by redesignating the second subsection (e) 

9 as subsection (f); and 

10 (4) in paragraph (2) of subsection (f) (as redes11 ignated by paragraph (3)), in the matter preceding 

12 subparagraph (A), by inserting ‘‘, tribal,’’ after 

13 ‘‘Federal’’. 

14 (b) REQUIREMENT.— 

15 (1) IN GENERAL.—The Attorney General shall 

16 ensure that tribal law enforcement officials that 

17 meet applicable Federal or State requirements have 

18 access to national crime information databases. 

19 (2) SANCTIONS.—For purpose of sanctions for 

20 noncompliance with requirements of, or misuse of, 

21 national crime information databases and informa22 tion obtained from those databases, a tribal law en23 forcement agency or official shall be treated as Fed24 eral law enforcement agency or official. 


wwoods2 on PRODPC68 with BILLS
45 

•HR 1924 IH

1 (3) NCIC.—Each tribal justice official serving 

2 an Indian tribe with criminal jurisdiction over In3 dian country shall be considered to be an authorized 

4 law enforcement official for purposes of access to the 

5 National Crime Information Center of the Federal 

6 Bureau of Investigation. 

7 SEC. 304. TRIBAL COURT SENTENCING AUTHORITY. 

8 (a) CONSTITUTIONAL RIGHTS.—Section 202 of Pub9 lic Law 90–284 (25 U.S.C. 1302) is amended— 

10 (1) in the matter preceding paragraph (1), by 

11 striking ‘‘No Indian tribe’’ and inserting the fol12 lowing: 

13 ‘‘(a) IN GENERAL.—No Indian tribe’’; 

14 (2) in paragraph (7) of subsection (a) (as des15 ignated by paragraph (1)), by striking ‘‘and a fine’’ 

16 and inserting ‘‘or a fine’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(b) TRIBAL COURTS AND PRISONERS.— 

19 ‘‘(1) IN GENERAL.—Notwithstanding paragraph 

20 (7) of subsection (a) and in addition to the limita21 tions described in the other paragraphs of that sub22 section, no Indian tribe, in exercising any power of 

23 self-government involving a criminal trial that sub24 jects a defendant to more than 1 year imprisonment 

25 for any single offense, may— 


wwoods2 on PRODPC68 with BILLS
46 

•HR 1924 IH

1 ‘‘(A) deny any person in such a criminal 

2 proceeding the assistance of a defense attorney 

3 licensed to practice law in any jurisdiction in 

4 the United States; 

5 ‘‘(B) require excessive bail, impose an ex6 cessive fine, inflict a cruel or unusual punish7 ment, or impose for conviction of a single of8 fense any penalty or punishment greater than 

9 imprisonment for a term of 3 years or a fine of 

10 $15,000, or both; or 

11 ‘‘(C) deny any person in such a criminal 

12 proceeding the due process of law. 

13 ‘‘(2) AUTHORITY.—An Indian tribe exercising 

14 authority pursuant to this subsection shall— 

15 ‘‘(A) require that each judge presiding over 

16 an applicable criminal case is licensed to prac17 tice law in any jurisdiction in the United 

18 States; and 

19 ‘‘(B) make publicly available the criminal 

20 laws (including regulations and interpretive doc21 uments) of the Indian tribe. 

22 ‘‘(3) SENTENCES.—A tribal court acting pursu23 ant to paragraph (1) may require a convicted of24 fender— 

25 ‘‘(A) to serve the sentence— 


wwoods2 on PRODPC68 with BILLS
47 

•HR 1924 IH

1 ‘‘(i) in a tribal correctional center that 

2 has been approved by the Bureau of Indian 

3 Affairs for long-term incarceration, in ac4 cordance with guidelines developed by the 

5 Bureau of Indian Affairs, in consultation 

6 with Indian tribes; 

7 ‘‘(ii) in the nearest appropriate Fed8 eral facility, at the expense of the United 

9 States pursuant to a memorandum of 

10 agreement with Bureau of Prisons in ac11 cordance with paragraph (4); 

12 ‘‘(iii) in a State or local government13 approved detention or correctional center 

14 pursuant to an agreement between the In15 dian tribe and the State or local govern16 ment; or 

17 ‘‘(iv) subject to paragraph (1), in an 

18 alternative rehabilitation center of an In19 dian tribe; or 

20 ‘‘(B) to serve another alternative form of 

21 punishment, as determined by the tribal court 

22 judge pursuant to tribal law. 

23 ‘‘(4) MEMORANDA OF AGREEMENT.—A memo24 randum of agreement between an Indian tribe and 

25 the Bureau of Prisons under paragraph (2)(A)(ii)— 


wwoods2 on PRODPC68 with BILLS
48 

•HR 1924 IH

1 ‘‘(A) shall acknowledge that the United 

2 States will incur all costs involved, including the 

3 costs of transfer, housing, medical care, reha4 bilitation, and reentry of transferred prisoners; 

5 ‘‘(B) shall limit the transfer of prisoners to 

6 prisoners convicted in tribal court of violent 

7 crimes, crimes involving sexual abuse, and seri8 ous drug offenses, as determined by the Bureau 

9 of Prisons, in consultation with tribal govern10 ments, by regulation; 

11 ‘‘(C) shall not affect the jurisdiction, power 

12 of self-government, or any other authority of an 

13 Indian tribe over the territory or members of 

14 the Indian tribe; 

15 ‘‘(D) shall contain such other requirements 

16 as the Bureau of Prisons, in consultation with 

17 the Bureau of Indian Affairs and tribal govern18 ments, may determine, by regulation; and 

19 ‘‘(E) shall be executed and carried out not 

20 later than 180 days after the date on which the 

21 applicable Indian tribe first contacts the Bu22 reau of Prisons to accept a transfer of a tribal 

23 court offender pursuant to this subsection. 

24 ‘‘(c) EFFECT OF SECTION.—Nothing in this section 

25 affects the obligation of the United States, or any State 


wwoods2 on PRODPC68 with BILLS
49 

•HR 1924 IH

1 government that has been delegated authority by the 

2 United States, to investigate and prosecute any criminal 

3 violation in Indian country.’’. 

4 (b) GRANTS AND CONTRACTS.—Section 1007(b) of 

5 the Economic Opportunity Act of 1964 (42 U.S.C. 

6 2996f(b)) is amended by striking paragraph (2) and in7 serting the following: 

8 ‘‘(2) to provide legal assistance with respect to 

9 any criminal proceeding, except to provide assistance 

10 to a person charged with an offense in an Indian 

11 tribal court;’’. 

12 SEC. 305. INDIAN LAW AND ORDER COMMISSION. 

13 (a) ESTABLISHMENT.—There is established a com14 mission to be known as the Indian Law and Order Com15 mission (referred to in this section as the ‘‘Commission’’). 

16 (b) MEMBERSHIP.— 

17 (1) IN GENERAL.—The Commission shall be 

18 composed of 9 members, of whom— 

19 (A) 3 shall be appointed by the President, 

20 in consultation with— 

21 (i) the Attorney General; and 

22 (ii) the Secretary of the Interior; 

23 (B) 2 shall be appointed by the majority 

24 leader of the Senate, in consultation with the 


wwoods2 on PRODPC68 with BILLS
50 

•HR 1924 IH

1 Chairperson of the Committee on Indian Affairs 

2 of the Senate; 

3 (C) 1 shall be appointed by the minority 

4 leader of the Senate, in consultation with the 

5 Vice Chairperson of the Committee on Indian 

6 Affairs of the Senate; 

7 (D) 2 shall be appointed by the Speaker of 

8 the House of Representatives, in consultation 

9 with the Chairperson of the Committee on Nat10 ural Resources of the House of Representatives; 

11 and 

12 (E) 1 shall be appointed by the minority 

13 leader of the House of Representatives, in con14 sultation with the Ranking Member of the Com15 mittee on Natural Resources of the House of 

16 Representatives. 

17 (2) REQUIREMENTS FOR ELIGIBILITY.—Each 

18 member of the Commission shall have significant ex19 perience and expertise in— 

20 (A) the Indian country criminal justice sys21 tem; and 

22 (B) matters to be studied by the Commis23 sion. 

24 (3) CONSULTATION REQUIRED.—The President, 

25 the Speaker and minority leader of the House of 


wwoods2 on PRODPC68 with BILLS
51 

•HR 1924 IH

1 Representatives, and the majority leader and minor2 ity leader of the Senate shall consult before the ap3 pointment of members of the Commission under 

4 paragraph (1) to achieve, to the maximum extent 

5 practicable, fair and equitable representation of var6 ious points of view with respect to the matters to be 

7 studied by the Commission. 

8 (4) TERM.—Each member shall be appointed 

9 for the life of the Commission. 

10 (5) TIME FOR INITIAL APPOINTMENTS.—The 

11 appointment of the members of the Commission 

12 shall be made not later than 60 days after the date 

13 of enactment of this Act. 

14 (6) VACANCIES.—A vacancy in the Commission 

15 shall be filled— 

16 (A) in the same manner in which the origi17 nal appointment was made; and 

18 (B) not later than 60 days after the date 

19 on which the vacancy occurred. 

20 (c) OPERATION.— 

21 (1) CHAIRPERSON.—Not later than 15 days 

22 after the date on which all members of the Commis23 sion have been appointed, the Commission shall se24 lect 1 member to serve as Chairperson of the Com25 mission. 


wwoods2 on PRODPC68 with BILLS
52 

•HR 1924 IH

1 (2) MEETINGS.— 

2 (A) IN GENERAL.—The Commission shall 

3 meet at the call of the Chairperson. 

4 (B) INITIAL MEETING.—The initial meet5 ing shall take place not later than 30 days after 

6 the date described in paragraph (1). 

7 (3) QUORUM.—A majority of the members of 

8 the Commission shall constitute a quorum, but a 

9 lesser number of members may hold hearings. 

10 (4) RULES.—The Commission may establish, by 

11 majority vote, any rules for the conduct of Commis12 sion business, in accordance with this Act and other 

13 applicable law. 

14 (d) COMPREHENSIVE STUDY OF CRIMINAL JUSTICE

15 SYSTEM RELATING TO INDIAN COUNTRY.—The Commis16 sion shall conduct a comprehensive study of law enforce17 ment and criminal justice in tribal communities, includ18 ing— 

19 (1) jurisdiction over crimes committed in Indian 

20 country and the impact of that jurisdiction on— 

21 (A) the investigation and prosecution of 

22 Indian country crimes; and 

23 (B) residents of Indian land; 

24 (2) the tribal jail and Federal prisons systems 

25 and the effect of those systems with respect to— 


wwoods2 on PRODPC68 with BILLS
53 

•HR 1924 IH

1 (A) reducing Indian country crime; and 

2 (B) rehabilitation of offenders; 

3 (3)(A) tribal juvenile justice systems and the 

4 Federal juvenile justice system as relating to Indian 

5 country; and 

6 (B) the effect of those systems and related pro7 grams in preventing juvenile crime, rehabilitating In8 dian youth in custody, and reducing recidivism 

9 among Indian youth; 

10 (4) the impact of the Indian Civil Rights Act of 

11 1968 (25 U.S.C. 1301 et seq.) on— 

12 (A) the authority of Indian tribes; and 

13 (B) the rights of defendants subject to 

14 tribal government authority; and 

15 (5) studies of such other subjects as the Com16 mission determines relevant to achieve the purposes 

17 of the Tribal Law and Order Act of 2009. 

18 (e) RECOMMENDATIONS.—Taking into consideration 

19 the results of the study under paragraph (1), the Commis20 sion shall develop recommendations on necessary modifica21 tions and improvements to justice systems at the tribal, 

22 Federal, and State levels, including consideration of— 

23 (1) simplifying jurisdiction in Indian country; 

24 (2) improving services and programs— 


wwoods2 on PRODPC68 with BILLS
54 

•HR 1924 IH

1 (A) to prevent juvenile crime on Indian 

2 land; 

3 (B) to rehabilitate Indian youth in custody; 

4 and 

5 (C) to reduce recidivism among Indian 

6 youth; 

7 (3) enhancing the penal authority of tribal 

8 courts and exploring alternatives to incarceration; 

9 (4) the establishment of satellite United States 

10 magistrate or district courts in Indian country; 

11 (5) changes to the tribal jails and Federal pris12 on systems; and 

13 (6) other issues that, as determined by the 

14 Commission, would reduce violent crime in Indian 

15 country. 

16 (f) REPORT.—Not later than 2 years after the date 

17 of enactment of this Act, the Commission shall submit to 

18 the President and Congress a report that contains— 

19 (1) a detailed statement of the findings and 

20 conclusions of the Commission; and 

21 (2) the recommendations of the Commission for 

22 such legislative and administrative actions as the 

23 Commission considers to be appropriate. 

24 (g) POWERS.— 

25 (1) HEARINGS.— 


wwoods2 on PRODPC68 with BILLS
55 

•HR 1924 IH

1 (A) IN GENERAL.—The Commission may 

2 hold such hearings, meet and act at such times 

3 and places, take such testimony, and receive 

4 such evidence as the Commission considers to 

5 be advisable to carry out the duties of the Com6 mission under this section. 

7 (B) PUBLIC REQUIREMENT.—The hearings 

8 of the Commission under this paragraph shall 

9 be open to the public. 

10 (2) WITNESS EXPENSES.— 

11 (A) IN GENERAL.—A witness requested to 

12 appear before the Commission shall be paid the 

13 same fees as are paid to witnesses under section 

14 1821 of title 28, United States Code. 

15 (B) PER DIEM AND MILEAGE.—The per 

16 diem and mileage allowance for a witness shall 

17 be paid from funds made available to the Com18 mission. 

19 (3) INFORMATION FROM FEDERAL, TRIBAL, 

20 AND STATE AGENCIES.— 

21 (A) IN GENERAL.—The Commission may 

22 secure directly from a Federal agency such in23 formation as the Commission considers to be 

24 necessary to carry out this section. 


wwoods2 on PRODPC68 with BILLS
56 

•HR 1924 IH

1 (B) TRIBAL AND STATE AGENCIES.—The 

2 Commission may request the head of any tribal 

3 or State agency to provide to the Commission 

4 such information as the Commission considers 

5 to be necessary to carry out this section. 

6 (4) POSTAL SERVICES.—The Commission may 

7 use the United States mails in the same manner and 

8 under the same conditions as other agencies of the 

9 Federal Government. 

10 (5) GIFTS.—The Commission may accept, use, 

11 and dispose of gifts or donations of services or prop12 erty. 

13 (h) COMMISSION PERSONNEL MATTERS.— 

14 (1) TRAVEL EXPENSES.—A member of the 

15 Commission shall be allowed travel expenses, includ16 ing per diem in lieu of subsistence, at rates author17 ized for an employee of an agency under subchapter 

18 I of chapter 57 of title 5, United States Code, while 

19 away from the home or regular place of business of 

20 the member in the performance of the duties of the 

21 Commission. 

22 (2) DETAIL OF FEDERAL EMPLOYEES.—On the 

affirmative vote of 2 23 ⁄3 of the members of the Com24 mission and the approval of the appropriate Federal 

25 agency head, an employee of the Federal GovernVerDate Nov 24 2008 02:24 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H1924.IH H1924

wwoods2 on PRODPC68 with BILLS
57 

•HR 1924 IH

1 ment may be detailed to the Commission without re2 imbursement, and such detail shall be without inter3 ruption or loss of civil service status, benefits, or 

4 privileges. 

5 (3) PROCUREMENT OF TEMPORARY AND INTER6 MITTENT SERVICES.—On request of the Commis7 sion, the Attorney General and Secretary shall pro8 vide to the Commission reasonable and appropriate 

9 office space, supplies, and administrative assistance. 

10 (i) CONTRACTS FOR RESEARCH.— 

11 (1) RESEARCHERS AND EXPERTS.— 

12 (A) IN GENERAL.—On an affirmative vote 

of 2 13 ⁄3 of the members of the Commission, the 

14 Commission may select nongovernmental re15 searchers and experts to assist the Commission 

16 in carrying out the duties of the Commission 

17 under this section. 

18 (B) NATIONAL INSTITUTE OF JUSTICE.— 

19 The National Institute of Justice may enter 

20 into a contract with the researchers and experts 

21 selected by the Commission under subpara22 graph (A) to provide funding in exchange for 

23 the services of the researchers and experts. 

24 (2) OTHER ORGANIZATIONS.—Nothing in this 

25 subsection limits the ability of the Commission to 


wwoods2 on PRODPC68 with BILLS
58 

•HR 1924 IH

1 enter into contracts with any other entity or organi2 zation to carry out research necessary to carry out 

3 the duties of the Commission under this section. 

4 (j) TRIBAL ADVISORY COMMITTEE.— 

5 (1) ESTABLISHMENT.—The Commission shall 

6 establish a committee, to be known as the ‘‘Tribal 

7 Advisory Committee’’. 

8 (2) MEMBERSHIP.— 

9 (A) COMPOSITION.—The Tribal Advisory 

10 Committee shall consist of 2 representatives of 

11 Indian tribes from each region of the Bureau of 

12 Indian Affairs. 

13 (B) QUALIFICATIONS.—Each member of 

14 the Tribal Advisory Committee shall have expe15 rience relating to— 

16 (i) justice systems; 

17 (ii) crime prevention; or 

18 (iii) victim services. 

19 (3) DUTIES.—The Tribal Advisory Committee 

20 shall— 

21 (A) serve as an advisory body to the Com22 mission; and 

23 (B) provide to the Commission advice and 

24 recommendations, submit materials, documents, 

25 testimony, and such other information as the 


wwoods2 on PRODPC68 with BILLS
59 

•HR 1924 IH

1 Commission determines to be necessary to carry 

2 out the duties of the Commission under this 

3 section. 

4 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as are nec6 essary to carry out this section, to remain available until 

7 expended. 

8 (l) TERMINATION OF COMMISSION.—The Commis9 sion shall terminate 90 days after the date on which the 

10 Commission submits the report of the Commission under 

11 subsection (c)(3). 

12 (m) NONAPPLICABILITY OF FACA.—The Federal 

13 Advisory Committee Act (5 U.S.C. App.) shall not apply 

14 to the Commission. 

15 TITLE IV—TRIBAL JUSTICE 

16 SYSTEMS 

17 SEC. 401. INDIAN ALCOHOL AND SUBSTANCE ABUSE. 

18 (a) CORRECTION OF REFERENCES.— 

19 (1) INTER-DEPARTMENTAL MEMORANDUM OF

20 AGREEMENT.—Section 4205 of the Indian Alcohol 

21 and Substance Abuse Prevention and Treatment Act 

22 of 1986 (25 U.S.C. 2411) is amended— 

23 (A) in subsection (a)— 

24 (i) in the matter preceding paragraph 

25 (1)— 


wwoods2 on PRODPC68 with BILLS
60 

•HR 1924 IH

1 (I) by striking ‘‘the date of en2 actment of this subtitle’’ and inserting 

3 ‘‘the date of enactment of the Tribal 

4 Law and Order Act of 2009’’; and 

5 (II) by inserting ‘‘, the Attorney 

6 General,’’ after ‘‘Secretary of the In7 terior’’; 

8 (ii) in paragraph (2)(A), by inserting 

9 ‘‘, Bureau of Justice Assistance, Substance 

10 Abuse and Mental Health Services Admin11 istration,’’ after ‘‘Bureau of Indian Af12 fairs,’’; 

13 (iii) in paragraph (4), by inserting ‘‘, 

14 Department of Justice, Substance Abuse 

15 and Mental Health Services Administra16 tion,’’ after ‘‘Bureau of Indian Affairs’’; 

17 (iv) in paragraph (5), by inserting ‘‘, 

18 Department of Justice, Substance Abuse 

19 and Mental Health Services Administra20 tion,’’ after ‘‘Bureau of Indian Affairs’’; 

21 (v) in paragraph (7), by inserting ‘‘, 

22 the Attorney General,’’ after ‘‘Secretary of 

23 the Interior’’; 


wwoods2 on PRODPC68 with BILLS
61 

•HR 1924 IH

1 (B) in subsection (c), by inserting ‘‘, the 

2 Attorney General,’’ after ‘‘Secretary of the Inte3 rior’’; and 

4 (C) in subsection (d), by striking ‘‘the date 

5 of enactment of this subtitle’’ and inserting 

6 ‘‘the date of enactment of the Tribal Law and 

7 Order Act of 2009’’. 

8 (2) TRIBAL ACTION PLANS.—Section 4206 of 

9 the Indian Alcohol and Substance Abuse Prevention 

10 and Treatment Act of 1986 (25 U.S.C. 2412) is 

11 amended— 

12 (A) in subsection (b), in the first sentence, 

13 by inserting ‘‘, the Bureau of Justice Assist14 ance, the Substance Abuse and Mental Health 

15 Services Administration,’’ before ‘‘and the In16 dian Health Service service unit’’; 

17 (B) in subsection (c)(1)(A)(i), by inserting 

18 ‘‘, the Bureau of Justice Assistance, the Sub19 stance Abuse and Mental Health Services Ad20 ministration,’’ before ‘‘and the Indian Health 

21 Service service unit’’; 

22 (C) in subsection (d)(2), by striking ‘‘fiscal 

23 year 1993 and such sums as are necessary for 

24 each of the fiscal years 1994, 1995, 1996, 


wwoods2 on PRODPC68 with BILLS
62 

•HR 1924 IH

1 1997, 1998, 1999, and 2000’’ and inserting 

2 ‘‘the period of fiscal years 2010 through 2014’’; 

3 (D) in subsection (e), in the first sentence, 

4 by inserting ‘‘, the Attorney General,’’ after 

5 ‘‘the Secretary of the Interior’’; and 

6 (E) in subsection (f)(3), by striking ‘‘fiscal 

7 year 1993 and such sums as are necessary for 

8 each of the fiscal years 1994, 1995, 1996, 

9 1997, 1998, 1999, and 2000’’ and inserting 

10 ‘‘the period of fiscal years 2010 through 2014’’. 

11 (3) DEPARTMENTAL RESPONSIBILITY.—Section 

12 4207 of the Indian Alcohol and Substance Abuse 

13 Prevention and Treatment Act of 1986 (25 U.S.C. 

14 2413) is amended— 

15 (A) in subsection (a), by inserting ‘‘, the 

16 Attorney General’’ after ‘‘Bureau of Indian Af17 fairs’’; 

18 (B) in subsection (b)— 

19 (i) by striking paragraph (1) and in20 serting the following: 

21 ‘‘(1) ESTABLISHMENT.— 

22 ‘‘(A) IN GENERAL.—To improve coordina23 tion among the Federal agencies and depart24 ments carrying out this subtitle, there is estab25 lished within the Substance Abuse and Mental 


wwoods2 on PRODPC68 with BILLS
63 

•HR 1924 IH

1 Health Services Administration an office, to be 

2 known as the ‘Office of Indian Alcohol and 

3 Substance Abuse’ (referred to in this section as 

4 the ‘Office’). 

5 ‘‘(B) DIRECTOR.—The director of the Of6 fice shall be appointed by the Director of the 

7 Substance Abuse and Mental Health Services 

8 Administration— 

9 ‘‘(i) on a permanent basis; and 

10 ‘‘(ii) at a grade of not less than GS– 

11 15 of the General Schedule.’’; 

12 (ii) in paragraph (2)— 

13 (I) by striking ‘‘(2) In addition’’ 

14 and inserting the following: 

15 ‘‘(2) RESPONSIBILITIES OF OFFICE.—In addi16 tion’’; 

17 (II) by striking subparagraph (A) 

18 and inserting the following: 

19 ‘‘(A) coordinating with other agencies to 

20 monitor the performance and compliance of the 

21 relevant Federal programs in achieving the 

22 goals and purposes of this subtitle and the 

23 Memorandum of Agreement entered into under 

24 section 4205;’’; 

25 (III) in subparagraph (B)— 


wwoods2 on PRODPC68 with BILLS
64 

•HR 1924 IH

1 (aa) by striking ‘‘within the 

2 Bureau of Indian Affairs’’; and 

3 (bb) by striking the period 

4 at the end and inserting ‘‘; and’’; 

5 and 

6 (IV) by adding at the end the fol7 lowing: 

8 ‘‘(C) not later than 1 year after the date 

9 of enactment of the Tribal Law and Order Act 

10 of 2009, developing, in coordination and con11 sultation with tribal governments, a framework 

12 for interagency and tribal coordination that— 

13 ‘‘(i) establish the goals and other de14 sired outcomes of this Act; 

15 ‘‘(ii) prioritizes outcomes that are 

16 aligned with the purposes of affected agen17 cies; 

18 ‘‘(iii) provides guidelines for resource 

19 and information sharing; 

20 ‘‘(iv) provides technical assistance to 

21 the affected agencies to establish effective 

22 and permanent interagency communication 

23 and coordination; and 


wwoods2 on PRODPC68 with BILLS
65 

•HR 1924 IH

1 ‘‘(v) determines whether collaboration 

2 is feasible, cost-effective, and within agency 

3 capability.’’; and 

4 (iii) by striking paragraph (3) and in5 serting the following: 

6 ‘‘(3) APPOINTMENT OF EMPLOYEES.—The Di7 rector of the Substance Abuse and Mental Health 

8 Services Administration shall appoint such employ9 ees to work in the Office, and shall provide such 

10 funding, services, and equipment, as may be nec11 essary to enable the Office to carry out the respon12 sibilities under this subsection.’’; and 

13 (C) in subsection (c)— 

14 (i) by striking ‘‘of Alcohol and Sub15 stance Abuse’’ each place it appears; 

16 (ii) in paragraph (1), in the second 

17 sentence, by striking ‘‘The Assistant Sec18 retary of the Interior for Indian Affairs’’ 

19 and inserting ‘‘The Director of the Sub20 stance Abuse and Mental Health Services 

21 Administration’’; and 

22 (iii) in paragraph (3)— 

23 (I) in the matter preceding sub24 paragraph (A), by striking ‘‘Youth’’ 

25 and inserting ‘‘youth’’; and 


wwoods2 on PRODPC68 with BILLS
66 

•HR 1924 IH

1 (II) by striking ‘‘programs of the 

2 Bureau of Indian Affairs’’ and insert3 ing ‘‘the applicable Federal pro4 grams’’. 

5 (4) REVIEW OF PROGRAMS.—Section 4208a(a) 

6 of the Indian Alcohol and Substance Abuse Preven7 tion and Treatment Act of 1986 (25 U.S.C. 

8 2414a(a)) is amended in the matter preceding para9 graph (1) by inserting ‘‘, the Attorney General,’’ 

10 after ‘‘the Secretary of the Interior’’. 

11 (5) FEDERAL FACILITIES, PROPERTY, AND

12 EQUIPMENT.—Section 4209 of the Indian Alcohol 

13 and Substance Abuse Prevention and Treatment Act 

14 of 1986 (25 U.S.C. 2415) is amended— 

15 (A) in subsection (a), by inserting ‘‘, the 

16 Attorney General,’’ after ‘‘the Secretary of the 

17 Interior’’; 

18 (B) in subsection (b)— 

19 (i) in the first sentence, by inserting 

20 ‘‘, the Attorney General,’’ after ‘‘the Sec21 retary of the Interior’’; 

22 (ii) in the second sentence, by insert23 ing ‘‘, nor the Attorney General,’’ after 

24 ‘‘the Secretary of the Interior’’; and 


wwoods2 on PRODPC68 with BILLS
67 

•HR 1924 IH

1 (iii) in the third sentence, by inserting 

2 ‘‘, the Department of Justice,’’ after ‘‘the 

3 Department of the Interior’’; and 

4 (C) in subsection (c)(1), by inserting ‘‘, the 

5 Attorney General,’’ after ‘‘the Secretary of the 

6 Interior’’. 

7 (6) NEWSLETTER.—Section 4210 of the Indian 

8 Alcohol and Substance Abuse Prevention and Treat9 ment Act of 1986 (25 U.S.C. 2416) is amended— 

10 (A) in subsection (a), in the first sentence, 

11 by inserting ‘‘, the Attorney General,’’ after 

12 ‘‘the Secretary of the Interior’’; and 

13 (B) in subsection (b), by striking ‘‘fiscal 

14 year 1993 and such sums as may be necessary 

15 for each of the fiscal years 1994, 1995, 1996, 

16 1997, 1998, 1999, and 2000’’ and inserting 

17 ‘‘the period of fiscal years 2010 through 2014’’. 

18 (7) REVIEW.—Section 4211(a) of the Indian 

19 Alcohol and Substance Abuse Prevention and Treat20 ment Act of 1986 (25 U.S.C. 2431(a)) is amended 

21 in the matter preceding paragraph (1) by inserting 

22 ‘‘, the Attorney General,’’ after ‘‘the Secretary of the 

23 Interior’’. 

24 (b) INDIAN EDUCATION PROGRAMS.—Section 4212 

25 of the Indian Alcohol and Substance Abuse Prevention Act 


wwoods2 on PRODPC68 with BILLS
68 

•HR 1924 IH

1 of 1986 (25 U.S.C. 2432) is amended by striking sub2 section (a) and inserting the following: 

3 ‘‘(a) SUMMER YOUTH PROGRAMS.— 

4 ‘‘(1) IN GENERAL.—The head of the Indian Al5 cohol and Substance Abuse Program, in coordination 

6 with the Assistant Secretary for Indian Affairs, shall 

7 develop and implement programs in tribal schools 

8 and schools funded by the Bureau of Indian Edu9 cation (subject to the approval of the local school 

10 board or contract school board) to determine the ef11 fectiveness of summer youth programs in advancing 

12 the purposes and goals of this Act. 

13 ‘‘(2) COSTS.—The head of the Indian Alcohol 

14 and Substance Abuse Program and the Assistant 

15 Secretary shall defray all costs associated with the 

16 actual operation and support of the summer youth 

17 programs in a school from funds appropriated to 

18 carry out this subsection. 

19 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated to carry out 

21 the programs under this subsection such sums as 

22 are necessary for each of fiscal years 2010 through 

23 2014.’’. 


wwoods2 on PRODPC68 with BILLS
69 

•HR 1924 IH

1 (c) EMERGENCY SHELTERS.—Section 4213(e) of the 

2 Indian Alcohol and Substance Abuse Prevention and 

3 Treatment Act of 1986 (25 U.S.C. 2433(e)) is amended— 

4 (1) in paragraph (1), by striking ‘‘as may be 

5 necessary’’ and all that follows through the end of 

6 the paragraph and inserting ‘‘as are necessary for 

7 each of fiscal years 2010 through 2014.’’; 

8 (2) in paragraph (2), by striking ‘‘$7,000,000’’ 

9 and all that follows through the end of the para10 graph and inserting ‘‘$10,000,000 for each of fiscal 

11 years 2010 through 2014.’’; and 

12 (3) by indenting paragraphs (4) and (5) appro13 priately. 

14 (d) REVIEW OF PROGRAMS.—Section 4215(a) of the 

15 Indian Alcohol and Substance Abuse Prevention and 

16 Treatment Act of 1986 (25 U.S.C. 2441(a)) is amended 

17 by inserting ‘‘, the Attorney General,’’ after ‘‘the Sec18 retary of the Interior’’. 

19 (e) ILLEGAL NARCOTICS TRAFFICKING; SOURCE

20 ERADICATION.—Section 4216 of the Indian Alcohol and 

21 Substance Abuse Prevention and Treatment Act of 1986 

22 (25 U.S.C. 2442) is amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (1)— 


wwoods2 on PRODPC68 with BILLS
70 

•HR 1924 IH

1 (i) in subparagraph (A), by striking 

2 the comma at the end and inserting a 

3 semicolon; 

4 (ii) in subparagraph (B), by striking 

5 ‘‘, and’’ at the end and inserting a semi6 colon; 

7 (iii) in subparagraph (C), by striking 

8 the period at the end and inserting ‘‘; 

9 and’’; and 

10 (iv) by adding at the end the fol11 lowing: 

12 ‘‘(D) the Blackfeet Nation of Montana for 

13 the investigation and control of illegal narcotics 

14 traffic on the Blackfeet Indian Reservation 

15 along the border with Canada.’’; 

16 (B) in paragraph (2), by striking ‘‘United 

17 States Custom Service’’ and inserting ‘‘United 

18 States Customs and Border Protection’’; and 

19 (C) by striking paragraph (3) and insert20 ing the following: 

21 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated to carry out 

23 this subsection such sums as are necessary for each 

24 of fiscal years 2010 through 2014.’’; and 


wwoods2 on PRODPC68 with BILLS
71 

•HR 1924 IH

1 (2) in subsection (b)(2), by striking ‘‘as may be 

2 necessary’’ and all that follows through the end of 

3 the paragraph and inserting ‘‘as are necessary for 

4 each of fiscal years 2010 through 2014.’’. 

5 (f) LAW ENFORCEMENT AND JUDICIAL TRAINING.— 

6 Section 4218 of the Indian Alcohol and Substance Abuse 

7 Prevention and Treatment Act of 1986 (25 U.S.C. 2451) 

8 is amended— 

9 (1) by striking subsection (a) and inserting the 

10 following: 

11 ‘‘(a) TRAINING PROGRAMS.— 

12 ‘‘(1) IN GENERAL.—The Secretary of the Inte13 rior, in coordination with the Attorney General, the 

14 Administrator of the Drug Enforcement Administra15 tion, and the Director of the Federal Bureau of In16 vestigation, shall ensure, through the establishment 

17 of a new training program or by supplementing ex18 isting training programs, that all Bureau of Indian 

19 Affairs and tribal law enforcement and judicial per20 sonnel have access to training regarding— 

21 ‘‘(A) the investigation and prosecution of 

22 offenses relating to illegal narcotics; and 

23 ‘‘(B) alcohol and substance abuse preven24 tion and treatment. 


wwoods2 on PRODPC68 with BILLS
72 

•HR 1924 IH

1 ‘‘(2) YOUTH-RELATED TRAINING.—Any train2 ing provided to Bureau of Indian Affairs or tribal 

3 law enforcement or judicial personnel under para4 graph (1) shall include training in issues relating to 

5 youth alcohol and substance abuse prevention and 

6 treatment.’’; and 

7 (2) in subsection (b), by striking ‘‘as may be 

8 necessary’’ and all that follows through the end of 

9 the subsection and inserting ‘‘as are necessary for 

10 each of fiscal years 2010 through 2014.’’. 

11 (g) JUVENILE DETENTION CENTERS.—Section 4220 

12 of the Indian Alcohol and Substance Abuse Prevention 

13 and Treatment Act of 1986 (25 U.S.C. 2453) is amend14 ed— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘The Secretary’’ the first 

17 place it appears and inserting the following: 

18 ‘‘(1) IN GENERAL.—The Secretary’’; 

19 (B) in the second sentence, by striking 

20 ‘‘The Secretary shall’’ and inserting the fol21 lowing: 

22 ‘‘(2) CONSTRUCTION AND OPERATION.—The 

23 Secretary shall’’; and 

24 (C) by adding at the end the following: 

25 ‘‘(3) DEVELOPMENT OF PLAN.— 


wwoods2 on PRODPC68 with BILLS
73 

•HR 1924 IH

1 ‘‘(A) IN GENERAL.—Not later than 180 

2 days after the date of enactment of this para3 graph, the Secretary, the Director of the Sub4 stance Abuse and Mental Health Services Ad5 ministration, the Director of the Indian Health 

6 Service, and the Attorney General, in consulta7 tion with tribal leaders and tribal justice offi8 cials, shall develop a long-term plan for the con9 struction, renovation, and operation of Indian 

10 juvenile detention and treatment centers and al11 ternatives to detention for juvenile offenders. 

12 ‘‘(B) COORDINATION.—The plan under 

13 subparagraph (A) shall require the Bureau of 

14 Indian Education and the Indian Health Serv15 ice to coordinate with tribal and Bureau of In16 dian Affairs juvenile detention centers to pro17 vide services to those centers.’’; and 

18 (2) in subsection (b)— 

19 (A) by striking ‘‘such sums as may be nec20 essary for each of the fiscal years 1994, 1995, 

21 1996, 1997, 1998, 1999, and 2000’’ each place 

22 it appears and inserting ‘‘such sums as are nec23 essary for each of fiscal years 2010 through 

24 2014’’; and 


wwoods2 on PRODPC68 with BILLS
74 

•HR 1924 IH

1 (B) by indenting paragraph (2) appro2 priately. 

3 SEC. 402. INDIAN TRIBAL JUSTICE; TECHNICAL AND LEGAL 

4 ASSISTANCE. 

5 (a) INDIAN TRIBAL JUSTICE.— 

6 (1) BASE SUPPORT FUNDING.—Section 103(b) 

7 of the Indian Tribal Justice Act (25 U.S.C. 

8 3613(b)) is amended by striking paragraph (2) and 

9 inserting the following: 

10 ‘‘(2) the employment of tribal court personnel, 

11 including tribal court judges, prosecutors, public de12 fenders, guardians ad litem, and court-appointed 

13 special advocates for children and juveniles;’’. 

14 (2) TRIBAL JUSTICE SYSTEMS.—Section 201 of 

15 the Indian Tribal Justice Act (25 U.S.C. 3621) is 

16 amended— 

17 (A) in subsection (a)— 

18 (i) by striking ‘‘the provisions of sec19 tions 101 and 102 of this Act’’ and insert20 ing ‘‘sections 101 and 102’’; and 

21 (ii) by striking ‘‘the fiscal years 2000 

22 through 2007’’ and inserting ‘‘fiscal years 

23 2010 through 2014’’; 

24 (B) in subsection (b)— 


wwoods2 on PRODPC68 with BILLS
75 

•HR 1924 IH

1 (i) by striking ‘‘the provisions of sec2 tion 103 of this Act’’ and inserting ‘‘sec3 tion 103’’; and 

4 (ii) by striking ‘‘the fiscal years 2000 

5 through 2007’’ and inserting ‘‘fiscal years 

6 2010 through 2014’’; 

7 (C) in subsection (c), by striking ‘‘the fis8 cal years 2000 through 2007’’ and inserting 

9 ‘‘fiscal years 2010 through 2014’’; and 

10 (D) in subsection (d), by striking ‘‘the fis11 cal years 2000 through 2007’’ and inserting 

12 ‘‘fiscal years 2010 through 2014’’. 

13 (b) TECHNICAL AND LEGAL ASSISTANCE.— 

14 (1) TRIBAL CIVIL LEGAL ASSISTANCE

15 GRANTS.—Section 102 of the Indian Tribal Justice 

16 Technical and Legal Assistance Act of 2000 (25 

17 U.S.C. 3662) is amended by inserting ‘‘(including 

18 guardians ad litem and court-appointed special advo19 cates for children and juveniles)’’ after ‘‘civil legal 

20 assistance’’. 

21 (2) TRIBAL CRIMINAL LEGAL ASSISTANCE

22 GRANTS.—Section 103 of the Indian Tribal Justice 

23 Technical and Legal Assistance Act of 2000 (25 

24 U.S.C. 3663) is amended by striking ‘‘criminal legal 

25 assistance to members of Indian tribes and tribal 


wwoods2 on PRODPC68 with BILLS
76 

•HR 1924 IH

1 justice systems’’ and inserting ‘‘criminal legal assist2 ance services to all defendants subject to tribal court 

3 jurisdiction and judicial services for tribal courts’’. 

4 (3) FUNDING.—The Indian Tribal Justice 

5 Technical and Legal Assistance Act of 2000 is 

6 amended— 

7 (A) in section 106 (25 U.S.C. 3666), by 

8 striking ‘‘2000 through 2004’’ and inserting 

9 ‘‘2010 through 2014’’; and 

10 (B) in section 201(d) (25 U.S.C. 3681(d)), 

11 by striking ‘‘2000 through 2004’’ and inserting 

12 ‘‘2010 through 2014’’. 

13 SEC. 403. TRIBAL RESOURCES GRANT PROGRAM. 

14 Section 1701 of the Omnibus Crime Control and Safe 

15 Streets Act of 1968 (42 U.S.C. 3796dd) is amended— 

16 (1) in subsection (b)— 

17 (A) in each of paragraphs (1) through (4) 

18 and (6) through (17), by inserting ‘‘to’’ after 

19 the paragraph designation; 

20 (B) in paragraph (1), by striking ‘‘State 

21 and’’ and inserting ‘‘State, tribal, or’’; 

22 (C) in paragraphs (9) and (10), by insert23 ing ‘‘, tribal,’’ after ‘‘State’’ each place it ap24 pears; 

25 (D) in paragraph (15)— 


wwoods2 on PRODPC68 with BILLS
77 

•HR 1924 IH

1 (i) by striking ‘‘a State in’’ and in2 serting ‘‘a State or Indian tribe in’’; 

3 (ii) by striking ‘‘the State which’’ and 

4 inserting ‘‘the State or tribal community 

5 that’’; and 

6 (iii) by striking ‘‘a State or’’ and in7 serting ‘‘a State, tribal, or’’; 

8 (E) in paragraph (16), by striking ‘‘and’’ 

9 at the end 

10 (F) in paragraph (17), by striking the pe11 riod at the end and inserting ‘‘; and’’; 

12 (G) by redesignating paragraphs (6) 

13 through (17) as paragraphs (5) through (16), 

14 respectively; and 

15 (H) by adding at the end the following: 

16 ‘‘(17) to permit tribal governments receiving di17 rect law enforcement services from the Bureau of In18 dian Affairs to access the program under this sec19 tion on behalf of the Bureau for use in accordance 

20 with paragraphs (1) through (16).’’. 

21 (2) in subsection (i), by striking ‘‘The author22 ity’’ and inserting ‘‘Except as provided in subsection 

23 (j), the authority’’; and 

24 (3) by adding at the end the following: 

25 ‘‘(j) GRANTS TO INDIAN TRIBES.— 


wwoods2 on PRODPC68 with BILLS
78 

•HR 1924 IH

1 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

2 (i) and section 1703, and in acknowledgment of the 

3 Federal nexus and distinct Federal responsibility to 

4 address and prevent crime in Indian country, the At5 torney General shall provide grants under this sec6 tion to Indian tribal governments, for fiscal year 

7 2010 and any fiscal year thereafter, for such period 

8 as the Attorney General determines to be appro9 priate to assist the Indian tribal governments in car10 rying out the purposes described in subsection (b). 

11 ‘‘(2) PRIORITY OF FUNDING.—In providing 

12 grants to Indian tribal governments under this sub13 section, the Attorney General shall take into consid14 eration reservation crime rates and tribal law en15 forcement staffing needs of each Indian tribal gov16 ernment. 

17 ‘‘(3) FEDERAL SHARE.—Because of the Federal 

18 nature and responsibility for providing public safety 

19 on Indian land, the Federal share of the cost of any 

20 activity carried out using a grant under this sub21 section shall be 100 percent. 

22 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated such sums 

24 as are necessary to carry out this subsection for 

25 each of fiscal years 2010 through 2014. 


wwoods2 on PRODPC68 with BILLS
79 

•HR 1924 IH

1 ‘‘(k) REPORT.—Not later than 180 days after the 

2 date of enactment of this subsection, the Attorney General 

3 shall submit to Congress a report describing the extent 

4 and effectiveness of the Community Oriented Policing 

5 (COPS) initiative as applied in Indian country, including 

6 particular references to— 

7 ‘‘(1) the problem of intermittent funding; 

8 ‘‘(2) the integration of COPS personnel with 

9 existing law enforcement authorities; and 

10 ‘‘(3) an explanation of how the practice of com11 munity policing and the broken windows theory can 

12 most effectively be applied in remote tribal loca13 tions.’’. 

14 SEC. 404. TRIBAL JAILS PROGRAM. 

15 (a) IN GENERAL.—Section 20109 of the Violent 

16 Crime Control and Law Enforcement Act of 1994 (42 

17 U.S.C. 13709) is amended by striking subsection (a) and 

18 inserting the following: 

19 ‘‘(a) RESERVATION OF FUNDS.—Notwithstanding 

20 any other provision of this part, of amounts made avail21 able to the Attorney General to carry out programs relat22 ing to offender incarceration, the Attorney General shall 

23 reserve $35,000,000 for each of fiscal years 2010 through 

24 2014 to carry out this section.’’. 

25 (b) REGIONAL DETENTION CENTERS.— 


wwoods2 on PRODPC68 with BILLS
80 

•HR 1924 IH

1 (1) IN GENERAL.—Section 20109 of the Violent 

2 Crime Control and Law Enforcement Act of 1994 

3 (42 U.S.C. 13709) is amended by striking sub4 section (b) and inserting the following: 

5 ‘‘(b) GRANTS TO INDIAN TRIBES.— 

6 ‘‘(1) IN GENERAL.—From the amounts reserved 

7 under subsection (a), the Attorney General shall pro8 vide grants— 

9 ‘‘(A) to Indian tribes for purposes of— 

10 ‘‘(i) construction and maintenance of 

11 jails on Indian land for the incarceration 

12 of offenders subject to tribal jurisdiction; 

13 ‘‘(ii) entering into contracts with pri14 vate entities to increase the efficiency of 

15 the construction of tribal jails; and 

16 ‘‘(iii) developing and implementing al17 ternatives to incarceration in tribal jails; 

18 ‘‘(B) to Indian tribes for the construction 

19 of tribal justice centers that combine tribal po20 lice, courts, and corrections services to address 

21 violations of tribal civil and criminal laws; 

22 ‘‘(C) to consortia of Indian tribes for pur23 poses of constructing and operating regional de24 tention centers on Indian land for long-term in25 carceration of offenders subject to tribal jurisVerDate Nov 24 2008 02:24 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H1924.IH H1924

wwoods2 on PRODPC68 with BILLS
81 

•HR 1924 IH

1 diction, as the applicable consortium determines 

2 to be appropriate. 

3 ‘‘(2) PRIORITY OF FUNDING.—in providing 

4 grants under this subsection, the Attorney General 

5 shall take into consideration applicable— 

6 ‘‘(A) reservation crime rates; 

7 ‘‘(B) annual tribal court convictions; and 

8 ‘‘(C) bed space needs. 

9 ‘‘(3) FEDERAL SHARE.—Because of the Federal 

10 nature and responsibility for providing public safety 

11 on Indian land, the Federal share of the cost of any 

12 activity carried out using a grant under this sub13 section shall be 100 percent.’’. 

14 (2) CONFORMING AMENDMENT.—Section 

15 20109(c) of the Violent Crime Control and Law En16 forcement Act of 1994 (42 U.S.C. 13709(c)) is 

17 amended by inserting ‘‘or consortium of Indian 

18 tribes, as applicable,’’ after ‘‘Indian tribe’’. 

19 (3) LONG-TERM PLAN.—Section 20109 of the 

20 Violent Crime Control and Law Enforcement Act of 

21 1994 (42 U.S.C. 13709) is amended by adding at 

22 the end the following: 

23 ‘‘(d) LONG-TERM PLAN.—Not later than 1 year after 

24 the date of enactment of this subsection, the Attorney 

25 General, in coordination with the Bureau of Indian Affairs 


wwoods2 on PRODPC68 with BILLS
82 

•HR 1924 IH

1 and in consultation with tribal leaders, tribal law enforce2 ment officers, and tribal corrections officials, shall submit 

3 to Congress a long-term plan to address incarceration in 

4 Indian country, including a description of— 

5 ‘‘(1) proposed activities for construction of de6 tention facilities (including regional facilities) on In7 dian land; 

8 ‘‘(2) proposed activities for construction of ad9 ditional Federal detention facilities on Indian land; 

10 ‘‘(3) proposed activities for contracting with 

11 State and local detention centers, with tribal govern12 ment approval; 

13 ‘‘(4) proposed alternatives to incarceration, de14 veloped in cooperation with tribal court systems; and 

15 ‘‘(5) such other alternatives as the Attorney 

16 General, in coordination with the Bureau of Indian 

17 Affairs and in consultation with Indian tribes, deter18 mines to be necessary.’’. 

19 SEC. 405. TRIBAL PROBATION OFFICE LIAISON PROGRAM. 

20 Title II of the Indian Tribal Justice Technical and 

21 Legal Assistance Act of 2000 (25 U.S.C. 3681 et seq.) 

22 is amended by adding at the end the following: 

23 ‘‘SEC. 203. ASSISTANT PAROLE AND PROBATION OFFICERS. 

24 ‘‘To the maximum extent practicable, the Director of 

25 the Administrative Office of the United States Courts, in 


wwoods2 on PRODPC68 with BILLS
83 

•HR 1924 IH

1 coordination with the Office of Tribal Justice and the Di2 rector of the Office of Justice Services, shall— 

3 ‘‘(1) appoint individuals residing in Indian 

4 country to serve as assistant parole or probation of5 ficers for purposes of monitoring and providing serv6 ice to Federal prisoners residing in Indian country; 

7 and 

8 ‘‘(2) provide substance abuse, mental health, 

9 and other related treatment services to offenders re10 siding on Indian land.’’. 

11 SEC. 406. TRIBAL YOUTH PROGRAM. 

12 (a) INCENTIVE GRANTS FOR LOCAL DELINQUENCY

13 PREVENTION PROGRAMS.— 

14 (1) IN GENERAL.—Section 504 of the Juvenile 

15 Justice and Delinquency Prevention Act of 1974 (42 

16 U.S.C. 5783) is amended— 

17 (A) in subsection (a), by inserting ‘‘, or to 

18 Indian tribes under subsection (d)’’ after ‘‘sub19 section (b)’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(d) GRANTS FOR TRIBAL DELINQUENCY PREVEN22 TION AND RESPONSE PROGRAMS.— 

23 ‘‘(1) IN GENERAL.—The Administrator shall 

24 make grants under this section, on a competitive 


wwoods2 on PRODPC68 with BILLS
84 

•HR 1924 IH

1 basis, to eligible Indian tribes or consortia of Indian 

2 tribes, as described in paragraph (2)— 

3 ‘‘(A) to support and enhance— 

4 ‘‘(i) tribal juvenile delinquency preven5 tion services; and 

6 ‘‘(ii) the ability of Indian tribes to re7 spond to, and care for, juvenile offenders; 

8 and 

9 ‘‘(B) to encourage accountability of Indian 

10 tribal governments with respect to preventing 

11 juvenile delinquency and responding to, and 

12 caring for, juvenile offenders. 

13 ‘‘(2) ELIGIBLE INDIAN TRIBES.—To be eligible 

14 to receive a grant under this subsection, an Indian 

15 tribe or consortium of Indian tribes shall submit to 

16 the Administrator an application in such form and 

17 containing such information as the Administrator 

18 may require. 

19 ‘‘(3) PRIORITY OF FUNDING.—In providing 

20 grants under this subsection, the Administrator shall 

21 take into consideration, with respect to the reserva22 tion communities to be served— 

23 ‘‘(A) juvenile crime rates; 

24 ‘‘(B) dropout rates; and 

25 ‘‘(C) percentage of at-risk youth.’’. 


wwoods2 on PRODPC68 with BILLS
85 

•HR 1924 IH

1 (2) AUTHORIZATION OF APPROPRIATIONS.— 

2 Section 505 of the Juvenile Justice and Delinquency 

3 Prevention Act of 1974 (42 U.S.C. 5784) is amend4 ed by striking ‘‘fiscal years 2004, 2005, 2006, 2007, 

5 and 2008’’ and inserting ‘‘each of fiscal years 2010 

6 through 2014’’. 

7 (b) COORDINATING COUNCIL ON JUVENILE JUSTICE

8 AND DELINQUENCY PREVENTION.—Section 206(a)(2) of 

9 the Juvenile Justice and Delinquency Prevention Act of 

10 1974 (42 U.S.C. 5616(a)(2)) is amended— 

11 (1) in subparagraph (A), by striking ‘‘Nine’’ 

12 and inserting ‘‘Ten’’; and 

13 (2) in subparagraph (B), by adding at the end 

14 the following: 

15 ‘‘(iv) One member shall be appointed 

16 by the Chairman of the Committee on In17 dian Affairs of the Senate, in consultation 

18 with the Vice Chairman of that Com19 mittee.’’. 


wwoods2 on PRODPC68 with BILLS
86 

•HR 1924 IH

1 TITLE V—INDIAN COUNTRY 

2 CRIME DATA COLLECTION 

3 AND INFORMATION SHARING 

4 SEC. 501. TRACKING OF CRIMES COMMITTED IN INDIAN 

5 COUNTRY. 

6 (a) GANG VIOLENCE.—Section 1107 of the Violence 

7 Against Women and Department of Justice Reauthoriza8 tion Act of 2005 (28 U.S.C. 534 note; Public Law 109– 

9 162) is amended— 

10 (1) in subsection (a)— 

11 (A) by redesignating paragraphs (8) 

12 through (12) as paragraphs (9) through (13), 

13 respectively; 

14 (B) by inserting after paragraph (7) the 

15 following: 

16 ‘‘(8) the Office of Justice Services of the Bu17 reau of Indian Affairs;’’; 

18 (C) in paragraph (9) (as redesignated by 

19 subparagraph (A)), by striking ‘‘State’’ and in20 serting ‘‘tribal, State,’’; and 

21 (D) in paragraphs (10) through (12) (as 

22 redesignated by subparagraph (A)), by inserting 

23 ‘‘tribal,’’ before ‘‘State,’’ each place it appears; 

24 and 


wwoods2 on PRODPC68 with BILLS
87 

•HR 1924 IH

1 (2) in subsection (b), by inserting ‘‘tribal,’’ be2 fore ‘‘State,’’ each place it appears. 

3 (b) BUREAU OF JUSTICE STATISTICS.—Section 302 

4 of the Omnibus Crime Control and Safe Streets Act of 

5 1968 (42 U.S.C. 3732) is amended— 

6 (1) in subsection (c)— 

7 (A) in paragraph (1), by inserting ‘‘, In8 dian tribes,’’ after ‘‘contracts with’’; 

9 (B) in each of paragraphs (3) through (6), 

10 by inserting ‘‘tribal,’’ after ‘‘State,’’ each place 

11 it appears; 

12 (C) in paragraph (7), by inserting ‘‘and in 

13 Indian country’’ after ‘‘States’’; 

14 (D) in paragraph (9), by striking ‘‘Federal 

15 and State Governments’’ and inserting ‘‘Fed16 eral Government and State and tribal govern17 ments’’; 

18 (E) in each of paragraphs (10) and (11), 

19 by inserting ‘‘, tribal,’’ after ‘‘State’’ each place 

20 it appears; 

21 (F) in paragraph (13), by inserting ‘‘, In22 dian tribes,’’ after ‘‘States’’; 

23 (G) in paragraph (17)— 

24 (i) by striking ‘‘State and local’’ and 

25 inserting ‘‘State, tribal, and local’’; and 


wwoods2 on PRODPC68 with BILLS
88 

•HR 1924 IH

1 (ii) by striking ‘‘State, and local’’ and 

2 inserting ‘‘State, tribal, and local’’; 

3 (H) in paragraph (18), by striking ‘‘State 

4 and local’’ and inserting ‘‘State, tribal, and 

5 local’’; 

6 (I) in paragraph (19), by inserting ‘‘and 

7 tribal’’ after ‘‘State’’ each place it appears; 

8 (J) in paragraph (20), by inserting ‘‘, trib9 al,’’ after ‘‘State’’; and 

10 (K) in paragraph (22), by inserting ‘‘, trib11 al,’’ after ‘‘Federal’’; 

12 (2) in subsection (d)— 

13 (A) by redesignating paragraphs (1) 

14 through (6) as subparagraphs (A) through (F), 

15 respectively, and indenting the subparagraphs 

16 appropriately; 

17 (B) by striking ‘‘To insure’’ and inserting 

18 the following: 

19 ‘‘(1) IN GENERAL.—To ensure’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(2) CONSULTATION WITH INDIAN TRIBES.— 

22 The Director, acting jointly with the Assistant Sec23 retary for Indian Affairs (acting through the Direc24 tor of the Office of Law Enforcement Services) and 

25 the Director of the Federal Bureau of Investigation, 


wwoods2 on PRODPC68 with BILLS
89 

•HR 1924 IH

1 shall work with Indian tribes and tribal law enforce2 ment agencies to establish and implement such tribal 

3 data collection systems as the Director determines to 

4 be necessary to achieve the purposes of this sec5 tion.’’; 

6 (3) in subsection (e), by striking ‘‘subsection 

7 (d)(3)’’ and inserting ‘‘subsection (d)(1)(C)’’; 

8 (4) in subsection (f)— 

9 (A) in the subsection heading, by inserting 

10 ‘‘, Tribal,’’ after ‘‘State’’; and 

11 (B) by inserting ‘‘, tribal,’’ after ‘‘State’’; 

12 and 

13 (5) by adding at the end the following: 

14 ‘‘(g) REPORT TO CONGRESS ON CRIMES IN INDIAN

15 COUNTRY.—Not later than 1 year after the date of enact16 ment of this subsection, and annually thereafter, the Di17 rector shall submit to Congress a report describing the 

18 data collected and analyzed under this section relating to 

19 crimes in Indian country.’’. 

20 SEC. 502. GRANTS TO IMPROVE TRIBAL DATA COLLECTION 

21 SYSTEMS. 

22 Section 3 of the Indian Law Enforcement Reform Act 

23 (25 U.S.C. 2802) is amended by adding at the end the 

24 following: 


wwoods2 on PRODPC68 with BILLS
90 

•HR 1924 IH

1 ‘‘(f) GRANTS TO IMPROVE TRIBAL DATA COLLEC2 TION SYSTEMS.— 

3 ‘‘(1) GRANT PROGRAM.—The Secretary, acting 

4 through the Director of the Office of Justice Serv5 ices of the Bureau and in coordination with the At6 torney General, shall establish a program under 

7 which the Secretary shall provide grants to Indian 

8 tribes for activities to ensure uniformity in the col9 lection and analysis of data relating to crime in In10 dian country. 

11 ‘‘(2) REGULATIONS.—The Secretary, acting 

12 through the Director of the Office of Justice Serv13 ices of the Bureau, in consultation with tribal gov14 ernments and tribal justice officials, shall promul15 gate such regulations as are necessary to carry out 

16 the grant program under this subsection.’’. 

17 SEC. 503. CRIMINAL HISTORY RECORD IMPROVEMENT PRO18 GRAM. 

19 Section 1301(a) of the Omnibus Crime Control and 

20 Safe Streets Act of 1968 (42 U.S.C. 3796h(a)) is amend21 ed by inserting ‘‘, tribal,’’ after ‘‘State’’. 


wwoods2 on PRODPC68 with BILLS
91 

•HR 1924 IH

1 TITLE VI—DOMESTIC VIOLENCE 

2 AND SEXUAL ASSAULT PROS3 ECUTION AND PREVENTION 

4 SEC. 601. PRISONER RELEASE AND REENTRY. 

5 Section 4042 of title 18, United States Code, is 

6 amended— 

7 (1) in subsection (a)(4), by inserting ‘‘, tribal,’’ 

8 after ‘‘State’’; 

9 (2) in subsection (b)(1), in the first sentence, 

10 by striking ‘‘officer of the State and of the local ju11 risdiction’’ and inserting ‘‘officers of each State, 

12 tribal, and local jurisdiction’’; and 

13 (3) in subsection (c)— 

14 (A) in paragraph (1)— 

15 (i) in subparagraph (A), by striking 

16 ‘‘officer of the State and of the local juris17 diction’’ and inserting ‘‘officers of each 

18 State, tribal, and local jurisdiction’’; and 

19 (ii) in subparagraph (B), by inserting 

20 ‘‘, tribal,’’ after ‘‘State’’ each place it ap21 pears; and 

22 (B) in paragraph (2)— 

23 (i) by striking ‘‘(2) Notice’’ and in24 serting the following: 

25 ‘‘(2) REQUIREMENTS.— 


wwoods2 on PRODPC68 with BILLS
92 

•HR 1924 IH

1 ‘‘(A) IN GENERAL.—A notice’’; 

2 (ii) in the second sentence, by striking 

3 ‘‘For a person who is released’’ and insert4 ing the following: 

5 ‘‘(B) RELEASED PERSONS.—For a person 

6 who is released’’; 

7 (iii) in the third sentence, by striking 

8 ‘‘For a person who is sentenced’’ and in9 serting the following: 

10 ‘‘(C) PERSONS ON PROBATION.—For a 

11 person who is sentenced’’; 

12 (iv) in the fourth sentence, by striking 

13 ‘‘Notice concerning’’ and inserting the fol14 lowing: 

15 ‘‘(D) RELEASED PERSONS REQUIRED TO

16 REGISTER.— 

17 ‘‘(i) IN GENERAL.—A notice con18 cerning’’; and 

19 (v) in subparagraph (D) (as des20 ignated by clause (iv)), by adding at the 

21 end the following: 

22 ‘‘(ii) PERSONS RESIDING IN INDIAN

23 COUNTRY.—For a person described in 

24 paragraph (3) the expected place of resi25 dence of whom is potentially located in InVerDate Nov 24 2008 02:24 Apr 07, 2009 Jkt 079200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H1924.IH H1924

wwoods2 on PRODPC68 with BILLS
93 

•HR 1924 IH

1 dian country, the Director of the Bureau 

2 of Prisons or the Director of the Adminis3 trative Office of the United States Courts, 

4 as appropriate, shall— 

5 ‘‘(I) make all reasonable and nec6 essary efforts to determine whether 

7 the residence of the person is located 

8 in Indian country; and 

9 ‘‘(II) ensure that the person is 

10 registered with the law enforcement 

11 office of each appropriate jurisdiction 

12 before release from Federal custody.’’. 

13 SEC. 602. DOMESTIC AND SEXUAL VIOLENT OFFENSE 

14 TRAINING. 

15 Section 3(c)(9) of the Indian Law Enforcement Re16 form Act (25 U.S.C. 2802(c)(9)) (as amended by section 

17 101(a)(2)) is amended by inserting before the semicolon 

18 at the end the following: ‘‘, including training to properly 

19 interview victims of domestic and sexual violence and to 

20 collect, preserve, and present evidence to Federal and trib21 al prosecutors to increase the conviction rate for domestic 

22 and sexual violence offenses for purposes of addressing 

23 and preventing domestic and sexual violent offenses’’. 


wwoods2 on PRODPC68 with BILLS
94 

•HR 1924 IH

1 SEC. 603. TESTIMONY BY FEDERAL EMPLOYEES IN CASES 

2 OF RAPE AND SEXUAL ASSAULT. 

3 The Indian Law Enforcement Reform Act (25 U.S.C. 

4 2801 et seq.) is amended by adding at the end the fol5 lowing: 

6 ‘‘SEC. 11. TESTIMONY BY FEDERAL EMPLOYEES IN CASES 

7 OF RAPE AND SEXUAL ASSAULT. 

8 ‘‘(a) APPROVAL OF EMPLOYEE TESTIMONY.—The 

9 Director of the Office of Justice Services or the Director 

10 of the Indian Health Service, as appropriate (referred to 

11 in this section as the ‘Director concerned’), shall approve 

12 or disapprove, in writing, any request or subpoena for a 

13 law enforcement officer, sexual assault nurse examiner, or 

14 other employee under the supervision of the Director con15 cerned to provide testimony in a deposition, trial, or other 

16 similar proceeding regarding information obtained in car17 rying out the official duties of the employee. 

18 ‘‘(b) REQUIREMENT.—The Director concerned shall 

19 approve a request or subpoena under subsection (a) if the 

20 request or subpoena does not violate the policy of the De21 partment of the Interior to maintain strict impartiality 

22 with respect to private causes of action. 

23 ‘‘(c) TREATMENT.—If the Director concerned fails to 

24 approve or disapprove a request or subpoena by the date 

25 that is 30 days after the date of receipt of the request 


wwoods2 on PRODPC68 with BILLS
95 

•HR 1924 IH

1 or subpoena, the request or subpoena shall be considered 

2 to be approved for purposes of this section.’’. 

3 SEC. 604. COORDINATION OF FEDERAL AGENCIES. 

4 The Indian Law Enforcement Reform Act (25 U.S.C. 

5 2801 et seq.) (as amended by section 603) is amended 

6 by adding at the end the following: 

7 ‘‘SEC. 12. COORDINATION OF FEDERAL AGENCIES. 

8 ‘‘(a) IN GENERAL.—The Secretary, in coordination 

9 with the Attorney General, Federal and tribal law enforce10 ment agencies, the Indian Health Service, and domestic 

11 violence or sexual assault victim organizations, shall de12 velop appropriate victim services and victim advocate 

13 training programs— 

14 ‘‘(1) to improve domestic violence or sexual 

15 abuse responses; 

16 ‘‘(2) to improve forensic examinations and col17 lection; 

18 ‘‘(3) to identify problems or obstacles in the 

19 prosecution of domestic violence or sexual abuse; and 

20 ‘‘(4) to meet other needs or carry out other ac21 tivities required to prevent, treat, and improve pros22 ecutions of domestic violence and sexual abuse. 

23 ‘‘(b) REPORT.—Not later than 2 years after the date 

24 of enactment of this section, the Secretary shall submit 

25 to the Committee on Indian Affairs of the Senate and the 


wwoods2 on PRODPC68 with BILLS
96 

•HR 1924 IH

1 Committee on Natural Resources of the House of Rep2 resentatives a report that describes, with respect to the 

3 matters described in subsection (a), the improvements 

4 made and needed, problems or obstacles identified, and 

5 costs necessary to address the problems or obstacles, and 

6 any other recommendations that the Secretary determines 

7 to be appropriate.’’. 

8 SEC. 605. SEXUAL ASSAULT PROTOCOL. 

9 Title VIII of the Indian Health Care Improvement 

10 Act is amended by inserting after section 802 (25 U.S.C. 

11 1672) the following: 

12 ‘‘SEC. 803. POLICIES AND PROTOCOL. 

13 ‘‘The Director of Service, in coordination with the Di14 rector of the Office on Violence Against Women of the 

15 Department of Justice, in consultation with Indian Tribes 

16 and Tribal Organizations, and in conference with Urban 

17 Indian Organizations, shall develop standardized sexual 

18 assault policies and protocol for the facilities of the Serv19 ice, based on similar protocol that has been established 

20 by the Department of Justice.’’. 

Æ 


wwoods2 on PRODPC68 with BILLS