II 

110TH CONGRESS 

2D SESSION S. 3320 

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 SENATE OF THE UNITED STATES 

JULY 23, 2008 

Mr. DORGAN (for himself, Ms. MURKOWSKI, Mr. BIDEN, Mr. DOMENICI, Mr. 

BAUCUS, Mr. BINGAMAN, Mr. LIEBERMAN, Mr. KYL, Mr. JOHNSON, Mr. 

SMITH, Ms. CANTWELL, Mr. THUNE, and Mr. TESTER) introduced the 

following bill; which was read twice and referred to the Committee on Indian Affairs 

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, 


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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 2008’’. 

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. 

TITLE I—FEDERAL ACCOUNTABILITY AND COORDINATION 

Sec. 101. Office of Justice Services responsibilities. 

Sec. 102. Declination reports. 

Sec. 103. Prosecution of crimes in Indian country. 

Sec. 104. Administration. 

TITLE II—STATE ACCOUNTABILITY AND COORDINATION 

Sec. 201. State criminal jurisdiction and resources. 

Sec. 202. Incentives for State, tribal, and local law enforcement cooperation. 

TITLE III—EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES 

AND TRIBAL GOVERNMENTS 

Sec. 301. Tribal police officers. 

Sec. 302. Drug enforcement in Indian country. 

Sec. 303. Access to national criminal information databases. 

Sec. 304. Tribal court sentencing authority. 

Sec. 305. Indian law and order commission. 

TITLE IV—TRIBAL JUSTICE SYSTEMS 

Sec. 401. Indian alcohol and substance abuse. 

Sec. 402. Indian tribal justice; technical and legal assistance. 

Sec. 403. Tribal resources grant program. 

Sec. 404. Tribal jails program. 

Sec. 405. Tribal probation office liaison program. 

Sec. 406. Tribal youth program. 

TITLE V—INDIAN COUNTRY CRIME DATA 

Sec. 501. Tracking of crimes committed in Indian country. 

Sec. 502. Grants to improve tribal data collection systems. 

Sec. 503. Criminal history record improvement program. 

TITLE VI—DOMESTIC VIOLENCE AND SEXUAL ASSAULT 

PROSECUTION AND PREVENTION 

Sec. 601. Prisoner release and reentry. 

Sec. 602. Domestic and sexual violent offense training. 

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


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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 


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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— 


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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 


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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; 


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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; and 

12 (21) crime data is a fundamental tool of law en13 forcement, but for decades the Bureau of Indian Af14 fairs and the Department of Justice have not been 

15 able to coordinate or consistently report crime and 

16 prosecution rates in tribal communities. 

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

18 (1) to clarify the responsibilities of Federal, 

19 State, tribal, and local governments with respect to 

20 crimes committed in tribal communities; 

21 (2) to increase coordination and communication 

22 among Federal, State, tribal, and local law enforce23 ment agencies; 

24 (3) to empower tribal governments with the au25 thority, resources, and information necessary to 


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1 safely and effectively provide for the safety of the 

2 public in tribal communities; 

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

4 tribal communities and to combat violence against 

5 Indian and Alaska Native women; 

6 (5) to address and prevent drug trafficking and 

7 reduce rates of alcohol and drug addiction in Indian 

8 country; and 

9 (6) to increase and standardize the collection of 

10 criminal data and the sharing of criminal history in11 formation among Federal, State, and tribal officials 

12 responsible for responding to and investigating 

13 crimes in tribal communities. 

14 SEC. 3. DEFINITIONS. 

15 (a) IN GENERAL.—In this Act: 

16 (1) INDIAN COUNTRY.—The term ‘‘Indian coun17 try’’ has the meaning given the term in section 1151 

18 of title 18, United States Code. 

19 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

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

21 Federally Recognized Indian Tribe List Act of 1994 

22 (25 U.S.C. 479a). 

23 (3) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior. 


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1 (4) TRIBAL GOVERNMENT.—The term ‘‘tribal 

2 government’’ means the governing body of an Indian 

3 tribe. 

4 (b) INDIAN LAW ENFORCEMENT REFORM ACT.— 

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

6 U.S.C. 2801) is amended by adding at the end the fol7 lowing: 

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

9 ‘tribal justice official’ means— 

10 ‘‘(A) a tribal prosecutor; 

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

12 ‘‘(C) any other person responsible for in13 vestigating or prosecuting an alleged criminal 

14 offense in tribal court.’’. 

15 TITLE I—FEDERAL ACCOUNT16 ABILITY AND COORDINATION 

17 SEC. 101. OFFICE OF JUSTICE SERVICES RESPONSIBIL18 ITIES. 

19 (a) ADDITIONAL RESPONSIBILITIES OF DIVISION.— 

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

21 U.S.C. 2802) is amended— 

22 (1) in subsection (c)— 

23 (A) in paragraph (8), by striking ‘‘and’’ at 

24 the end; 


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1 (B) in paragraph (9), by striking the pe2 riod at the end and inserting a semicolon; and 

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

4 ‘‘(10) communicating with tribal leaders, tribal 

5 community advocates, tribal justice officials, and 

6 residents of Indian land on a regular basis regarding 

7 public safety and justice concerns facing tribal com8 munities; 

9 ‘‘(11) conducting meaningful and timely con10 sultation with tribal leaders and tribal justice offi11 cials in the development of regulatory policies and 

12 other actions that affect public safety and justice in 

13 Indian country; 

14 ‘‘(12) providing technical assistance and train15 ing to tribal law enforcement officials to gain access 

16 and input authority to utilize the National Criminal 

17 Information Center and other national crime infor18 mation databases pursuant to section 534 of title 

19 28, United States Code; 

20 ‘‘(13) in coordination with the Attorney General 

21 pursuant to subsection (g) of section 302 of the Om22 nibus Crime Control and Safe Streets Act of 1968 

23 (42 U.S.C. 3732), collecting, analyzing, and report24 ing data regarding Indian country crimes on an an25 nual basis; 


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1 ‘‘(14) submitting to the Committee on Indian 

2 Affairs of the Senate and the Committee on Natural 

3 Resources of the House of Representatives, for each 

4 fiscal year, a detailed spending report regarding 

5 tribal public safety and justice programs that in6 cludes— 

7 ‘‘(A) the number of employees and 

8 amounts spent by category, including a break9 down by position of direct Bureau and tribal 

10 government employees, for each of— 

11 ‘‘(i) criminal investigators; 

12 ‘‘(ii) uniform police; 

13 ‘‘(iii) dispatchers; 

14 ‘‘(iv) detention officers; and 

15 ‘‘(v) executive personnel, including 

16 special agents in charge, and directors and 

17 deputies of various offices in the Office of 

18 Justice Services; 

19 ‘‘(B) an itemized list of spending by the 

20 Secretary on law enforcement and corrections 

21 personnel, vehicles, related transportation costs, 

22 equipment, inmate transportation costs, inmate 

23 transfer costs, improvement and repair of facili24 ties, personnel transfers, detailees and costs re25 lated to their details, emergency events, public 


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1 safety and justice communications and tech2 nology costs, and other public safety and jus3 tice-related expenses; 

4 ‘‘(C) a list of, and relevant details regard5 ing, the unmet staffing needs of law enforce6 ment and corrections personnel at tribal and 

7 Bureau of Indian Affairs police departments 

8 and corrections facilities, the backlog in correc9 tions facilities, public safety and justice commu10 nications and technology needs, and other pub11 lic safety and justice-related needs; and 

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

13 methodology used to determine the method of 

14 disbursement of funds for the public safety and 

15 justice programs of the Office of Justice Serv16 ices; 

17 ‘‘(15) submitting to Congress, for each fiscal 

18 year, a report summarizing the technical assistance, 

19 training, and other support provided to tribal law 

20 enforcement and corrections agencies that operate 

21 relevant programs pursuant to self-determination 

22 contracts or self-governance compacts with the Bu23 reau of Indian Affairs; and 

24 ‘‘(16) promulgating regulations to carry out 

25 this Act, and routinely reviewing and updating, as 


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1 necessary, the regulations contained in subchapter B 

2 of title 25, Code of Federal Regulations (or suc3 cessor regulations).’’; and 

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

5 ‘‘(d) LONG-TERM PLAN FOR TRIBAL DETENTION

6 PROGRAMS.—Not later than 1 year after the date of en7 actment of this subsection, the Secretary, acting through 

8 the Bureau, in coordination with the Department of Jus9 tice and in consultation with tribal leaders, tribal law en10 forcement officers, and tribal corrections officials, shall 

11 submit to Congress a long-term plan to address incarcer12 ation in Indian country, including a description of— 

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

14 detention facilities (including regional facilities) on 

15 Indian land; 

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

17 additional Federal detention facilities on Indian 

18 land; 

19 ‘‘(3) proposed activities for contracting with 

20 State and local detention centers, upon approval of 

21 affected tribal governments; 

22 ‘‘(4) proposed activities for alternatives to in23 carceration, developed in cooperation with tribal 

24 court systems; and 


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

2 the Secretary, in coordination with the Bureau and 

3 in consultation with tribal representatives, deter4 mines to be necessary.’’. 

5 (b) LAW ENFORCEMENT AUTHORITY.—Section 4 of 

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

7 2803) is amended— 

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

9 inserting ‘‘or offenses committed on Federal prop10 erty processed by the Central Violations Bureau); 

11 or’’; and 

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

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

14 ‘‘(A) the offense is committed in the pres15 ence of the employee; or 

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

17 the employee has reasonable grounds to believe 

18 that the person to be arrested has committed, 

19 or is committing, the crime;’’. 

20 SEC. 102. DECLINATION REPORTS. 

21 Section 10 of the Indian Law Enforcement Reform 

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

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

24 ‘‘(a) REPORTS.— 


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

2 to subsection (d), if a law enforcement officer or em3 ployee of any Federal department or agency declines 

4 to initiate an investigation of an alleged violation of 

5 Federal law in Indian country, or terminates such 

6 an investigation without referral for prosecution, the 

7 officer or employee shall— 

8 ‘‘(A) submit to the appropriate tribal jus9 tice officials a report describing each reason 

10 why a case was not opened or an investigation 

11 was declined or terminated; and 

12 ‘‘(B) submit to the Office of Indian Coun13 try Crime relevant information regarding all 

14 declinations of alleged violations of Federal law 

15 in Indian country, including— 

16 ‘‘(i) the type of crime alleged; 

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

18 Indian or non-Indian; 

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

20 Indian; and 

21 ‘‘(iv) the reason for declining to ini22 tiate, open, or terminate the investigation. 

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

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

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


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1 alleged violation of Federal law in Indian country re2 ferred for prosecution by a law enforcement officer 

3 or employee of a Federal department or agency or 

4 other law enforcement officer authorized to enforce 

5 Federal law, the United States Attorney shall— 

6 ‘‘(A) coordinate and communicate with the 

7 appropriate tribal justice official, sufficiently in 

8 advance of the tribal statute of limitations, rea9 sonable details regarding the case to permit the 

10 tribal prosecutor to pursue the case in tribal 

11 court; and 

12 ‘‘(B) submit to the Office of Indian Coun13 try Crime and the appropriate tribal justice of14 ficial relevant information regarding all declina15 tions of alleged violations of Federal law in In16 dian country, including— 

17 ‘‘(i) the type of crime alleged; 

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

19 Indian or non-Indian; 

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

21 Indian; and 

22 ‘‘(iv) the reason for the determination 

23 to decline or terminate the prosecution. 

24 ‘‘(b) MAINTENANCE OF RECORDS.— 


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

2 of Indian Country Crime shall establish and main3 tain a compilation of information received under 

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

5 declinations. 

6 ‘‘(2) AVAILABILITY TO CONGRESS.—Each com7 pilation under paragraph (1) shall be made available 

8 to Congress on an annual basis. 

9 ‘‘(c) INCLUSION OF CASE FILES.—A report sub10 mitted to the appropriate tribal justice officials under 

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

12 case file, including evidence collected and statements 

13 taken that could support an investigation or prosecution 

14 by the appropriate tribal justice officials. 

15 ‘‘(d) EFFECT OF SECTION.— 

16 ‘‘(1) IN GENERAL.—Nothing in this section re17 quires any Federal agency or official to transfer or 

18 disclose any confidential or privileged communica19 tion, information, or source to an official of any In20 dian tribe. 

21 ‘‘(2) FEDERAL RULES OF CRIMINAL PROCE22 DURE.—Rule 6 of the Federal Rules of Criminal 

23 Procedure shall apply to this section. 

24 ‘‘(3) REGULATIONS.—Each Federal agency re25 quired to submit a report pursuant to this section 


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1 shall adopt, by regulation, standards for the protec2 tion of confidential or privileged communications, in3 formation, and sources under paragraph (1).’’. 

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

5 (a) APPOINTMENT OF SPECIAL PROSECUTORS.—Sec6 tion 543(a) of title 28, United States Code, is amended 

7 by inserting before the period at the end the following: 

8 ‘‘, including the appointment of qualified tribal prosecu9 tors and other qualified attorneys to assist in prosecuting 

10 Federal offenses committed in Indian country’’. 

11 (b) TRIBAL LIAISONS.—The Indian Law Enforce12 ment Reform Act (25 U.S.C. 2801 et seq.) is amended 

13 by adding at the end the following: 

14 ‘‘SEC. 11. ASSISTANT UNITED STATES ATTORNEY TRIBAL LI15 AISONS. 

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

17 the district of which includes Indian country shall appoint 

18 not less than 1 assistant United States Attorney to serve 

19 as a tribal liaison for the district. 

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

21 for the following activities in the district of the tribal liai22 son: 

23 ‘‘(1) Coordinating the prosecution of Federal 

24 crimes that occur in Indian country. 


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

4 ‘‘(3) Developing working relationships and 

5 maintaining communication with tribal leaders, trib6 al community advocates, and tribal justice officials 

7 to gather information from, and share appropriate 

8 information with, tribal justice officials. 

9 ‘‘(4) Coordinating with tribal prosecutors in 

10 cases in which a tribal government has concurrent 

11 jurisdiction over an alleged crime, in advance of the 

12 expiration of any applicable statute of limitation. 

13 ‘‘(5) Providing technical assistance and training 

14 regarding evidence gathering techniques to tribal 

15 justice officials and other individuals and entities 

16 that are instrumental to responding to Indian coun17 try crimes. 

18 ‘‘(6) Conducting training sessions and seminars 

19 to certify special law enforcement commissions to 

20 tribal justice officials and other individuals and enti21 ties responsible for responding to Indian country 

22 crimes. 

23 ‘‘(7) Coordinating with the Office of Indian 

24 Country Crime, as necessary. 


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1 ‘‘(8) Conducting such other activities to address 

2 and prevent violent crime in Indian country as the 

3 applicable United States Attorney determines to be 

4 appropriate. 

5 ‘‘(c) SENSE OF CONGRESS REGARDING EVALUA6 TIONS OF TRIBAL LIAISONS.— 

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

8 ‘‘(A) many tribal communities rely solely 

9 on United States Attorneys offices to prosecute 

10 felony and misdemeanor crimes occurring on 

11 Indian land; and 

12 ‘‘(B) tribal liaisons have dual obligations 

13 of— 

14 ‘‘(i) coordinating prosecutions of In15 dian country crime; and 

16 ‘‘(ii) developing relationships with 

17 tribal communities and serving as a link 

18 between tribal communities and the Fed19 eral justice process. 

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

21 Congress that the Attorney General should— 

22 ‘‘(A) take all appropriate actions to en23 courage the aggressive prosecution of all crimes 

24 committed in Indian country; and 


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1 ‘‘(B) when appropriate, take into consider2 ation the dual responsibilities of tribal liaisons 

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

4 performance of the tribal liaisons. 

5 ‘‘(d) ENHANCED PROSECUTION OF MINOR

6 CRIMES.—Each United States Attorney serving a district 

7 that includes Indian country is authorized and encour8 aged— 

9 ‘‘(1) to appoint Special Assistant United States 

10 Attorneys pursuant to section 543(a) of title 28, 

11 United States Code, to prosecute crimes in Indian 

12 country as necessary to improve the administration 

13 of justice, and particularly when— 

14 ‘‘(A) the crime rate exceeds the national 

15 average crime rate; or 

16 ‘‘(B) the rate at which criminal offenses 

17 are declined to be prosecuted exceeds the na18 tional average rate; 

19 ‘‘(2) to coordinate with applicable United States 

20 magistrate and district courts— 

21 ‘‘(A) to ensure the provision of docket time 

22 for prosecutions of Indian country crimes; and 

23 ‘‘(B) to hold trials and other proceedings 

24 in Indian country, as appropriate; 


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1 ‘‘(3) to provide to appointed Special Assistant 

2 United States Attorneys appropriate training, super3 vision, and staff support; and 

4 ‘‘(4) if an agreement is entered into with a 

5 Federal court pursuant to paragraph (2), to provide 

6 technical and other assistance to tribal governments 

7 and tribal court systems to ensure the success of the 

8 program under this subsection.’’. 

9 SEC. 104. ADMINISTRATION. 

10 (a) OFFICE OF TRIBAL JUSTICE.— 

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

12 Tribal Justice Technical and Legal Assistance Act of 

13 2000 (25 U.S.C. 3653) is amended— 

14 (A) by redesignating paragraphs (2) 

15 through (7) as paragraphs (3) through (8), re16 spectively; and 

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

18 following: 

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

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

21 (2) STATUS.—Title I of the Indian Tribal Jus22 tice Technical and Legal Assistance Act of 2000 is 

23 amended— 

24 (A) by redesignating section 106 (25 

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


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1 (B) by inserting after section 105 (25 

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

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

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

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

6 2008, the Attorney General shall modify the status of the 

7 Office of Tribal Justice as the Attorney General deter8 mines to be necessary to establish the Office of Tribal Jus9 tice as a permanent division of the Department. 

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

11 General shall provide to the Office of Tribal Justice such 

12 personnel and funds as are necessary to establish the Of13 fice of Tribal Justice as a division of the Department 

14 under subsection (a). 

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

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

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

18 of 2008, the Office of Tribal Justice shall— 

19 ‘‘(1) serve as the program and legal policy advi20 sor to the Attorney General with respect to the trea21 ty and trust relationship between the United States 

22 and Indian tribes; 

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

24 recognized tribal governments and tribal organiza25 tions with respect to questions and comments reVerDate Aug 31 2005 07:32 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3320.IS S3320

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1 garding policies and programs of the Department 

2 and issues relating to public safety and justice in In3 dian country; and 

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

5 offices, and divisions within the Department of Jus6 tice to ensure that each component has an account7 able process to ensure meaningful and timely con8 sultation with tribal leaders in the development of 

9 regulatory policies and other actions with tribal im10 plications.’’. 

11 (b) OFFICE OF INDIAN COUNTRY CRIME.—The In12 dian Law Enforcement Reform Act (25 U.S.C. 2801 et 

13 seq.) (as amended by section 103(b)) is amended by add14 ing at the end the following: 

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

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

17 criminal division of the Department of Justice an office, 

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

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

20 shall— 

21 ‘‘(1) develop, enforce, and administer the appli22 cation of Federal criminal laws applicable in Indian 

23 country; 


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1 ‘‘(2) coordinate with the United States Attor2 neys that have authority to prosecute crimes in In3 dian country; 

4 ‘‘(3) coordinate prosecutions of crimes of na5 tional significance in Indian country, as determined 

6 by the Attorney General; 

7 ‘‘(4) develop and implement criminal enforce8 ment policies for United States Attorneys and inves9 tigators of Federal crimes regarding cases arising in 

10 Indian country; and 

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

12 of the Senate and the Committee on Natural Re13 sources of the House of Representatives annual re14 ports describing the prosecution and declination 

15 rates of cases involving alleged crimes in Indian 

16 country referred to United States Attorneys. 

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

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

19 shall appoint a Deputy Assistant Attorney General 

20 for Indian Country Crime. 

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

22 General for Indian Country Crime shall— 

23 ‘‘(A) serve as the head of the Office of In24 dian Country Crime; 


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

2 State Attorneys serving districts including In3 dian country, tribal liaisons, tribal governments, 

4 and other Federal, State, and local law enforce5 ment agencies regarding issues affecting the 

6 prosecution of crime in Indian country; and 

7 ‘‘(C) carry out such other duties as the At8 torney General may prescribe.’’. 

9 TITLE II—STATE ACCOUNT10 ABILITY AND COORDINATION 

11 SEC. 201. STATE CRIMINAL JURISDICTION AND RE12 SOURCES. 

13 (a) CONCURRENT AUTHORITY OF UNITED

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

15 U.S.C. 1321(a)) is amended— 

16 (1) by striking the section designation and 

17 heading and all that follows through ‘‘The consent 

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

19 ‘‘SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDIC20 TION. 

21 ‘‘(a) CONSENT OF UNITED STATES.— 

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

23 States’’; and 

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


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1 ‘‘(2) CONCURRENT JURISDICTION.—At the re2 quest of an Indian tribe, and after consultation with 

3 the Attorney General, the United States shall main4 tain concurrent jurisdiction to prosecute violations of 

5 sections 1152 and 1153 of title 18, United States 

6 Code, within the Indian country of the Indian 

7 tribe.’’. 

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

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

10 and inserting the following: 

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

12 tribe, and after consultation with the Attorney General— 

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

14 remain in effect in the areas of the Indian country 

15 of the Indian tribe; and 

16 ‘‘(2) jurisdiction over those areas shall be con17 current among the Federal Government and State 

18 and tribal governments.’’. 

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

20 LAW ENFORCEMENT COOPERATION. 

21 (a) ESTABLISHMENT OF COOPERATIVE ASSISTANCE

22 PROGRAM.—The Attorney General may provide grants, 

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

24 and local governments that enter into cooperative agree25 ments, including agreements relating to mutual aid, hot 


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1 pursuit of suspects, and cross-deputization for the pur2 poses of— 

3 (1) improving law enforcement effectiveness; 

4 and 

5 (2) reducing crime in Indian country and near6 by communities. 

7 (b) PROGRAM PLANS.— 

8 (1) IN GENERAL.—To be eligible to receive as9 sistance under this section, a group composed of not 

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

11 State or local government shall jointly develop and 

12 submit to the Attorney General a plan for a program 

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

14 (2) PLAN REQUIREMENTS.—A joint program 

15 plan under paragraph (1) shall include a description 

16 of— 

17 (A) the proposed cooperative tribal and 

18 State or local law enforcement program for 

19 which funding is sought, including information 

20 on the population and each geographic area to 

21 be served by the program; 

22 (B) the need of the proposed program for 

23 funding under this section, the amount of fund24 ing requested, and the proposed use of funds, 


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1 subject to the requirements listed in subsection 

2 (c); 

3 (C) the unit of government that will ad4 minister any assistance received under this sec5 tion, and the method by which the assistance 

6 will be distributed; 

7 (D) the types of law enforcement services 

8 to be performed on each applicable Indian res9 ervation and the individuals and entities that 

10 will perform those services; 

11 (E) the individual or group of individuals 

12 who will exercise daily supervision and control 

13 over law enforcement officers participating in 

14 the program; 

15 (F) the method by which local and tribal 

16 government input with respect to the planning 

17 and implementation of the program will be en18 sured; 

19 (G) the policies of the program regarding 

20 mutual aid, hot pursuit of suspects, deputiza21 tion, training, and insurance of applicable law 

22 enforcement officers; 

23 (H) the recordkeeping procedures and 

24 types of data to be collected pursuant to the 

25 program; and 


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1 (I) other information that the Attorney 

2 General determines to be relevant. 

3 (c) PERMISSIBLE USES OF FUNDS.—An eligible enti4 ty that receives a grant under this section may use the 

5 grant, in accordance with the program plan described in 

6 subsection (b)— 

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

8 or local law enforcement officers, or to make over9 time payments for current law enforcement officers, 

10 that are or will be dedicated to— 

11 (A) policing tribal land and nearby lands; 

12 and 

13 (B) investigating alleged crimes on those 

14 lands; 

15 (2) procure equipment, technology, or support 

16 systems to be used to investigate crimes and share 

17 information between tribal, State, and local law en18 forcement agencies; or 

19 (3) for any other uses that the Attorney Gen20 eral determines will meet the purposes described in 

21 subsection (a). 

22 (d) FACTORS FOR CONSIDERATION.—In determining 

23 whether to approve a joint program plan submitted under 

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


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

2 into consideration the following factors: 

3 (1) The size and population of each Indian res4 ervation and nearby community proposed to be 

5 served by the program. 

6 (2) The complexity of the law enforcement 

7 problems proposed to be addressed by the program. 

8 (3) The range of services proposed to be pro9 vided by the program. 

10 (4) The proposed improvements the program 

11 will make regarding law enforcement cooperation be12 yond existing levels of cooperation. 

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

14 communities. 

15 (6) The available resources of each entity apply16 ing for a grant under this section for dedication to 

17 public safety in the respective jurisdictions of the en18 tities. 

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

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

21 subsection (b)(1) shall submit to the Attorney General, to22 gether with the joint program plan under subsection (b), 

23 a report describing the law enforcement activities carried 

24 out pursuant to the program during the preceding fiscal 


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

2 increase in arrests or prosecutions. 

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

4 than January 15 of each applicable fiscal year, the Attor5 ney General shall submit to the Committee on Indian Af6 fairs of the Senate and the Committee on Natural Re7 sources of the House of Representatives a report describ8 ing the law enforcement programs carried out using assist9 ance provided under this section during the preceding fis10 cal year, including the success of the programs. 

11 (g) TECHNICAL ASSISTANCE.—On receipt of a re12 quest from a group composed of not less than 1 tribal 

13 government and 1 State or local government, the Attorney 

14 General shall provide technical assistance to the group to 

15 develop successful cooperative relationships that effectively 

16 combat crime in Indian country and nearby communities. 

17 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as are nec19 essary to carry out this section for each of fiscal years 

20 2009 through 2015. 


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1 TITLE III—EMPOWERING TRIBAL 

2 LAW ENFORCEMENT AGEN3 CIES AND TRIBAL GOVERN4 MENTS 

5 SEC. 301. TRIBAL POLICE OFFICERS. 

6 (a) FLEXIBILITY IN TRAINING LAW ENFORCEMENT

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

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

9 2802(e)) is amended— 

10 (1) in paragraph (1)— 

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

12 inserting the following: 

13 ‘‘(e) STANDARDS OF EDUCATION AND EXPERIENCE

14 AND CLASSIFICATION OF POSITIONS.— 

15 ‘‘(1) STANDARDS OF EDUCATION AND EXPERI16 ENCE.— 

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

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

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

20 established under subparagraph (A) shall per21 mit law enforcement personnel of the Division 

22 of Law Enforcement Services or an Indian tribe 

23 to obtain training at a State or tribal police 

24 academy, a local or tribal community college, or 

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1 tional Peace Officer Standards of Training.’’; 

2 and 

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

4 and inserting ‘‘agencies’’. 

5 (b) SPECIAL LAW ENFORCEMENT COMMISSIONS.— 

6 Section 5 of the Indian Law Enforcement Reform Act (25 

7 U.S.C. 2804) is amended by striking the section heading 

8 and all that follows through subsection (e) and inserting 

9 the following: 

10 ‘‘SEC. 5. SPECIAL LAW ENFORCEMENT COMMISSIONS. 

11 ‘‘(a) AGREEMENTS.— 

12 ‘‘(1) ENCOURAGED IMPLEMENTATION OF

13 AGREEMENTS.—The Secretary is authorized and en14 couraged to enter into agreements for the use (with 

15 or without reimbursement) of personnel and facili16 ties of Federal, tribal, State, or other government 

17 agencies to assist in the enforcement or administra18 tion in Indian country of Federal law or the laws of 

19 an Indian tribe that authorizes the Secretary to en20 force tribal law. 

21 ‘‘(2) CERTAIN ACTIVITIES.—Pursuant to an 

22 agreement described in paragraph (1), the Secretary 

23 shall authorize the law enforcement officers of any 

24 applicable government agency to carry out any activ25 ity authorized under section 4. 


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1 ‘‘(3) REQUIREMENT.—An agreement under 

2 paragraph (1) shall be in accordance with any appli3 cable agreement between the Secretary and the At4 torney General. 

5 ‘‘(b) PROGRAM ENHANCEMENT.— 

6 ‘‘(1) TRAINING SESSIONS IN INDIAN COUN7 TRY.— 

8 ‘‘(A) IN GENERAL.—The Secretary (or a 

9 designee) and the Attorney General (or a des10 ignee) shall develop a plan to enhance the cer11 tification and provision of special law enforce12 ment commissions to tribal law enforcement of13 ficials, and, subject to subsection (d), State and 

14 local law enforcement officials, pursuant to this 

15 section. 

16 ‘‘(B) INCLUSIONS.—The plan under sub17 paragraph (A) shall include the hosting of re18 gional training sessions in Indian country, not 

19 less frequently than biannually, to educate and 

20 certify candidates for the special commissions. 

21 ‘‘(2) MEMORANDA OF AGREEMENT.— 

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

23 days after the date of enactment of the Tribal 

24 Law and Order Act of 2008, the Secretary, in 

25 consultation with Indian tribes and tribal law 


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1 enforcement agencies, shall develop minimum 

2 requirements to be included in special law en3 forcement commission agreements pursuant to 

4 this section. 

5 ‘‘(B) AGREEMENT.—Not later than 60 

6 days after the date on which the Secretary de7 termines that all applicable requirements under 

8 subparagraph (A) are met, the Secretary shall 

9 offer to enter into a special law enforcement 

10 commission agreement with the applicable In11 dian tribe. 

12 ‘‘(c) LIMITATION ON USE OF CERTAIN PER13 SONNEL.— 

14 ‘‘(1) CONSULTATION.—The Secretary shall con15 sult with each affected Indian tribe before entering 

16 into any agreement under subsection (a) with a non17 Federal agency that will provide personnel for use in 

18 any area under the jurisdiction of the Indian tribes. 

19 ‘‘(2) PROHIBITION.—The Secretary shall not 

20 use the personnel of a non-Federal agency under 

21 this section in an area of Indian country if the In22 dian tribe with jurisdiction over that area has adopt23 ed a resolution objecting to the use of personnel of 

24 the non-Federal agency. 


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1 ‘‘(d) COORDINATION BY FEDERAL AGENCIES.—Not2 withstanding section 1535 of title 31, United States Code, 

3 the head of a Federal agency with law enforcement per4 sonnel or facilities shall coordinate and, as needed, enter 

5 into agreements (with or without reimbursement) with the 

6 Secretary under subsection (a). 

7 ‘‘(e) ENCOURAGEMENT OF OTHER FEDERAL AGENCY

8 HEADS.—Congress encourages the head of each Federal 

9 agency with law enforcement personnel or facilities to 

10 enter into agreements (with or without reimbursement) 

11 with an Indian tribe relating to— 

12 ‘‘(1) the law enforcement authority of the In13 dian tribe; 

14 ‘‘(2) the administration of Federal or tribal 

15 criminal law; and 

16 ‘‘(3) the conduct of investigations, the sharing 

17 of information and training techniques, and the pro18 visions of other related technical assistance to pre19 vent and prosecute violations of Federal or tribal 

20 criminal law in Indian country.’’. 

21 SEC. 302. DRUG ENFORCEMENT IN INDIAN COUNTRY. 

22 (a) EDUCATION AND RESEARCH PROGRAMS.—Sec23 tion 502 of the Controlled Substances Act (21 U.S.C. 872) 

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

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


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1 (b) PUBLIC-PRIVATE EDUCATION PROGRAM.—Sec2 tion 503 of the Comprehensive Methamphetamine Control 

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

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

5 after ‘‘State,’’; and 

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

7 after ‘‘State’’. 

8 (c) COOPERATIVE ARRANGEMENTS.—Section 503 of 

9 the Controlled Substances Act (21 U.S.C. 873) is amend10 ed— 

11 (1) in subsection (a)— 

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

13 each place it appears; and 

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

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

16 and 

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

18 after ‘‘State’’. 

19 (d) POWERS OF ENFORCEMENT PERSONNEL.—Sec20 tion 508(a) of the Controlled Substances Act (21 U.S.C. 

21 878(a)) is amended in the matter preceding paragraph (1) 

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


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1 SEC. 303. ACCESS TO NATIONAL CRIMINAL INFORMATION 

2 DATABASES. 

3 (a) ACCESS TO NATIONAL CRIMINAL INFORMATION

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

5 is amended— 

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

7 tribes,’’ after ‘‘the States,’’; 

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

9 following: 

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

11 Attorney General shall permit tribal and Bureau of Indian 

12 Affairs law enforcement agencies— 

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

14 into Federal criminal information databases; and 

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

16 databases.’’; and 

17 (3) in subsection (f)(2), in the matter preceding 

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

19 ‘‘Federal’’. 

20 (b) REQUIREMENT.— 

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

22 ensure that tribal law enforcement officials that 

23 meet applicable Federal or State requirements have 

24 access to national crime information databases. 

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

26 noncompliance with requirements of, or misuse of, 


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1 national crime information databases and informa2 tion obtained from those databases, a tribal law en3 forcement agency or official shall be treated as Fed4 eral law enforcement agency or official. 

5 SEC. 304. TRIBAL COURT SENTENCING AUTHORITY. 

6 Section 202 of Public Law 90–284 (25 U.S.C. 1302) 

7 is amended— 

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

9 striking ‘‘No Indian tribe’’ and inserting the fol10 lowing: 

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

12 (2) in paragraph (7) of subsection (a) (as des13 ignated by paragraph (1)), by striking ‘‘and a fine’’ 

14 and inserting ‘‘or a fine’’; and 

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

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

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

18 (7) of subsection (a) and in addition to the limita19 tions described in the other paragraphs of that sub20 section, no Indian tribe, in exercising any power of 

21 self-government involving a criminal trial that sub22 jects a defendant to more than 1 year imprisonment 

23 for any single offense, may— 

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

25 proceeding the assistance of defense counsel; 


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1 ‘‘(B) require excessive bail, impose an ex2 cessive fine, inflict a cruel or unusual punish3 ment, or impose for conviction of a single of4 fense any penalty or punishment greater than 

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

6 $15,000, or both; or 

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

8 proceeding the due process of law. 

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

10 authority pursuant to this subsection shall require 

11 that each judge presiding over an applicable criminal 

12 case is licensed to practice law in any jurisdiction in 

13 the United States. 

14 ‘‘(3) SENTENCES.—A tribal court acting pursu15 ant to paragraph (1) may require a convicted of16 fender— 

17 ‘‘(A) to serve the sentence— 

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

19 has been approved by the Bureau of Indian 

20 Affairs for long-term incarceration, in ac21 cordance with guidelines developed by the 

22 Bureau of Indian Affairs, in consultation 

23 with Indian tribes; 

24 ‘‘(ii) in the nearest appropriate Fed25 eral facility, at the expense of the United 


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1 States pursuant to a memorandum of 

2 agreement with Bureau of Prisons in ac3 cordance with paragraph (4); 

4 ‘‘(iii) in a State or local government5 approved detention or correctional center 

6 pursuant to an agreement between the In7 dian tribe and the State or local govern8 ment; or 

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

10 alternative rehabilitation center of an In11 dian tribe; or 

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

13 punishment, as determined by the tribal court 

14 judge pursuant to tribal law. 

15 ‘‘(4) MEMORANDA OF AGREEMENT.—A memo16 randum of agreement between an Indian tribe and 

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

18 ‘‘(A) shall acknowledge that the United 

19 States will incur all costs involved, including the 

20 costs of transfer, housing, medical care, reha21 bilitation, and reentry of transferred prisoners; 

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

23 prisoners convicted in tribal court of violent 

24 crimes, crimes involving sexual abuse, and seri25 ous drug offenses, as determined by the Bureau 


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1 of Prisons, in consultation with tribal govern2 ments, by regulation; 

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

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

5 Indian tribe over the territory or members of 

6 the Indian tribe; 

7 ‘‘(D) shall contain such other requirements 

8 as the Bureau of Prisons, in consultation with 

9 the Bureau of Indian Affairs and tribal govern10 ments, may determine, by regulation; and 

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

12 later than 180 days after the date on which the 

13 applicable Indian tribe first contacts the Bu14 reau of Prisons to accept a transfer of a tribal 

15 court offender pursuant to this subsection. 

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

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

18 government that has been delegated authority by the 

19 United States, to investigate and prosecute any criminal 

20 violation in Indian country.’’. 

21 SEC. 305. INDIAN LAW AND ORDER COMMISSION. 

22 (a) ESTABLISHMENT.—There is established a com23 mission to be known as the Indian Law and Order Com24 mission (referred to in this section as the ‘‘Commission’’). 

25 (b) MEMBERSHIP.— 


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

2 composed of 9 members, of whom— 

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

4 in consultation with— 

5 (i) the Attorney General; and 

6 (ii) the Secretary of the Interior; 

7 (B) 2 shall be appointed by the majority 

8 leader of the Senate, in consultation with the 

9 Chairperson of the Committee on Indian Affairs 

10 of the Senate; 

11 (C) 1 shall be appointed by the minority 

12 leader of the Senate, in consultation with the 

13 Vice Chairperson of the Committee on Indian 

14 Affairs of the Senate; 

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

16 the House of Representatives, in consultation 

17 with the Chairperson of the Committee on Nat18 ural Resources of the House of Representatives; 

19 and 

20 (E) 1 shall be appointed by the minority 

21 leader of the House of Representatives, in con22 sultation with the Ranking Member of the Com23 mittee on Natural Resources of the House of 

24 Representatives. 


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1 (2) REQUIREMENTS FOR ELIGIBILITY.—Each 

2 member of the Commission shall have significant ex3 perience and expertise in— 

4 (A) the Indian country criminal justice sys5 tem; and 

6 (B) matters to be studied by the Commis7 sion. 

8 (3) CONSULTATION REQUIRED.—The President, 

9 the Speaker and minority leader of the House of 

10 Representatives, and the majority leader and minor11 ity leader of the Senate shall consult before the ap12 pointment of members of the Commission under 

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

14 practicable, fair and equitable representation of var15 ious points of view with respect to the matters to be 

16 studied by the Commission. 

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

18 for the life of the Commission. 

19 (5) TIME FOR INITIAL APPOINTMENTS.—The 

20 appointment of the members of the Commission 

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

22 of enactment of this Act. 

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

24 shall be filled— 


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1 (A) in the same manner in which the origi2 nal appointment was made; and 

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

4 on which the vacancy occurred. 

5 (c) OPERATION.— 

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

7 after the date on which all members of the Commis8 sion have been appointed, the Commission shall se9 lect 1 member to serve as Chairperson of the Com10 mission. 

11 (2) MEETINGS.— 

12 (A) IN GENERAL.—The Commission shall 

13 meet at the call of the Chairperson. 

14 (B) INITIAL MEETING.—The initial meet15 ing shall take place not later than 30 days after 

16 the date described in paragraph (1). 

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

18 the Commission shall constitute a quorum, but a 

19 lesser number of members may hold hearings. 

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

21 majority vote, any rules for the conduct of Commis22 sion business, in accordance with this Act and other 

23 applicable law. 

24 (d) COMPREHENSIVE STUDY OF CRIMINAL JUSTICE

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1 sion shall conduct a comprehensive study of law enforce2 ment and criminal justice in tribal communities, includ3 ing— 

4 (1) jurisdiction over crimes committed in Indian 

5 country and the impact of that jurisdiction on— 

6 (A) the investigation and prosecution of 

7 Indian country crimes; and 

8 (B) residents of Indian land; 

9 (2) the tribal jail and Federal prisons systems 

10 and the effect of those systems with respect to— 

11 (A) reducing Indian country crime; and 

12 (B) rehabilitation of offenders; 

13 (3) the impact of the Indian Civil Rights Act of 

14 1968 (25 U.S.C. 1301 et seq.) on— 

15 (A) the authority of Indian tribes; and 

16 (B) the rights of defendants subject to 

17 tribal government authority; and 

18 (4) a study of such other subjects as the Com19 mission determines relevant to achieve the purposes 

20 of the Tribal Law and Order Act of 2008. 

21 (e) RECOMMENDATIONS.—Taking into consideration 

22 the results of the study under paragraph (1), the Commis23 sion shall develop recommendations on necessary modifica24 tions and improvements to justice systems at the tribal, 

25 Federal, and State levels, including consideration of— 


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1 (1) simplifying jurisdiction in Indian country; 

2 (2) enhancing the penal authority of tribal 

3 courts and exploring alternatives to incarceration; 

4 (3) the establishment of satellite United States 

5 magistrate or district courts in Indian country; 

6 (4) changes to the tribal jails and Federal pris7 on systems; and 

8 (5) other issues that, as determined by the 

9 Commission, would reduce violent crime in Indian 

10 country. 

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

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

13 the President and Congress a report that contains— 

14 (1) a detailed statement of the findings and 

15 conclusions of the Commission; and 

16 (2) the recommendations of the Commission for 

17 such legislative and administrative actions as the 

18 Commission considers to be appropriate. 

19 (g) POWERS.— 

20 (1) HEARINGS.— 

21 (A) IN GENERAL.—The Commission may 

22 hold such hearings, meet and act at such times 

23 and places, take such testimony, and receive 

24 such evidence as the Commission considers to 


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1 be advisable to carry out the duties of the Com2 mission under this section. 

3 (B) PUBLIC REQUIREMENT.—The hearings 

4 of the Commission under this paragraph shall 

5 be open to the public. 

6 (2) WITNESS EXPENSES.— 

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

8 appear before the Commission shall be paid the 

9 same fees as are paid to witnesses under section 

10 1821 of title 28, United States Code. 

11 (B) PER DIEM AND MILEAGE.—The per 

12 diem and mileage allowance for a witness shall 

13 be paid from funds made available to the Com14 mission. 

15 (3) INFORMATION FROM FEDERAL, TRIBAL, 

16 AND STATE AGENCIES.— 

17 (A) IN GENERAL.—The Commission may 

18 secure directly from a Federal agency such in19 formation as the Commission considers to be 

20 necessary to carry out this section. 

21 (B) TRIBAL AND STATE AGENCIES.—The 

22 Commission may request the head of any tribal 

23 or State agency to provide to the Commission 

24 such information as the Commission considers 

25 to be necessary to carry out this section. 


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1 (4) POSTAL SERVICES.—The Commission may 

2 use the United States mails in the same manner and 

3 under the same conditions as other agencies of the 

4 Federal Government. 

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

6 and dispose of gifts or donations of services or prop7 erty. 

8 (h) COMMISSION PERSONNEL MATTERS.— 

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

10 Commission shall be allowed travel expenses, includ11 ing per diem in lieu of subsistence, at rates author12 ized for an employee of an agency under subchapter 

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

14 away from the home or regular place of business of 

15 the member in the performance of the duties of the 

16 Commission. 

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

affirmative vote of 2 18 ⁄3 of the members of the Com19 mission and the approval of the appropriate Federal 

20 agency head, an employee of the Federal Govern21 ment may be detailed to the Commission without re22 imbursement, and such detail shall be without inter23 ruption or loss of civil service status, benefits, or 

24 privileges. 


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1 (3) PROCUREMENT OF TEMPORARY AND INTER2 MITTENT SERVICES.—On request of the Commis3 sion, the Attorney General and Secretary shall pro4 vide to the Commission reasonable and appropriate 

5 office space, supplies, and administrative assistance. 

6 (i) CONTRACTS FOR RESEARCH.— 

7 (1) RESEARCHERS AND EXPERTS.— 

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

of 2 9 ⁄3 of the members of the Commission, the 

10 Commission may select nongovernmental re11 searchers and experts to assist the Commission 

12 in carrying out the duties of the Commission 

13 under this section. 

14 (B) NATIONAL INSTITUTE OF JUSTICE.— 

15 The National Institute of Justice may enter 

16 into a contract with the researchers and experts 

17 selected by the Commission under subpara18 graph (A) to provide funding in exchange for 

19 the services of the researchers and experts. 

20 (2) OTHER ORGANIZATIONS.—Nothing in this 

21 subsection limits the ability of the Commission to 

22 enter into contracts with any other entity or organi23 zation to carry out research necessary to carry out 

24 the duties of the Commission under this section. 

25 (j) TRIBAL ADVISORY COMMITTEE.— 


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1 (1) ESTABLISHMENT.—The Commission shall 

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

3 Advisory Committee’’. 

4 (2) MEMBERSHIP.— 

5 (A) COMPOSITION.—The Tribal Advisory 

6 Committee shall consist of 2 representatives of 

7 Indian tribes from each region of the Bureau of 

8 Indian Affairs. 

9 (B) QUALIFICATIONS.—Each member of 

10 the Tribal Advisory Committee shall have expe11 rience relating to— 

12 (i) justice systems; 

13 (ii) crime prevention; or 

14 (iii) victim services. 

15 (3) DUTIES.—The Tribal Advisory Committee 

16 shall— 

17 (A) serve as an advisory body to the Com18 mission; and 

19 (B) provide to the Commission advice and 

20 recommendations, submit materials, documents, 

21 testimony, and such other information as the 

22 Commission determines to be necessary to carry 

23 out the duties of the Commission under this 

24 section. 


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1 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section, to remain available until 

4 expended. 

5 (l) TERMINATION OF COMMISSION.—The Commis6 sion shall terminate 90 days after the date on which the 

7 Commission submits the report of the Commission under 

8 subsection (c)(3). 

9 (m) NONAPPLICABILITY OF FACA.—The Federal 

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

11 to the Commission. 

12 TITLE IV—TRIBAL JUSTICE 

13 SYSTEMS 

14 SEC. 401. INDIAN ALCOHOL AND SUBSTANCE ABUSE. 

15 (a) CORRECTION OF REFERENCES.— 

16 (1) INTER-DEPARTMENTAL MEMORANDUM OF

17 AGREEMENT.—Section 4205 of the Indian Alcohol 

18 and Substance Abuse Prevention and Treatment Act 

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

20 (A) in subsection (a)— 

21 (i) in the matter preceding paragraph 

22 (1)— 

23 (I) by striking ‘‘the date of en24 actment of this subtitle’’ and inserting 


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1 ‘‘the date of enactment of the Tribal 

2 Law and Order Act of 2008’’; and 

3 (II) by inserting ‘‘, the Attorney 

4 General,’’ after ‘‘Secretary of the In5 terior’’; 

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

7 ‘‘, Bureau of Justice Assistance, Substance 

8 Abuse and Mental Health Services Admin9 istration,’’ after ‘‘Bureau of Indian Af10 fairs,’’; 

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

12 Department of Justice, Substance Abuse 

13 and Mental Health Services Administra14 tion,’’ after ‘‘Bureau of Indian Affairs’’; 

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

16 Department of Justice, Substance Abuse 

17 and Mental Health Services Administra18 tion,’’ after ‘‘Bureau of Indian Affairs’’; 

19 and 

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

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

22 the Interior’’; 

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

24 Attorney General,’’ after ‘‘Secretary of the Inte25 rior’’; and 


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

2 of enactment of this subtitle’’ and inserting 

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

4 Order Act of 2008’’. 

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

6 the Indian Alcohol and Substance Abuse Prevention 

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

8 amended— 

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

10 by inserting ‘‘, the Bureau of Justice Assist11 ance, the Substance Abuse and Mental Health 

12 Services Administration,’’ before ‘‘and the In13 dian Health Service service unit’’; 

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

15 ‘‘, the Bureau of Justice Assistance, the Sub16 stance Abuse and Mental Health Services Ad17 ministration,’’ before ‘‘and the Indian Health 

18 Service service unit’’; 

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

20 year 1993 and such sums as are necessary for 

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

22 1997, 1998, 1999, and 2000’’ and inserting 

23 ‘‘the period of fiscal years 2009 through 2013’’; 


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

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

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

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

5 year 1993 and such sums as are necessary for 

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

7 1997, 1998, 1999, and 2000’’ and inserting 

8 ‘‘the period of fiscal years 2009 through 2013’’. 

9 (3) DEPARTMENTAL RESPONSIBILITY.—Section 

10 4207 of the Indian Alcohol and Substance Abuse 

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

12 2413) is amended— 

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

14 Attorney General’’ after ‘‘Bureau of Indian Af15 fairs’’; 

16 (B) in subsection (b)— 

17 (i) by striking paragraph (1) and in18 serting the following: 

19 ‘‘(1) ESTABLISHMENT.— 

20 ‘‘(A) IN GENERAL.—To improve coordina21 tion among the Federal agencies and depart22 ments carrying out this subtitle, there is estab23 lished within the Substance Abuse and Mental 

24 Health Services Administration an office, to be 

25 known as the ‘Office of Indian Alcohol and 


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1 Substance Abuse’ (referred to in this section as 

2 the ‘Office’). 

3 ‘‘(B) DIRECTOR.—The director of the Of4 fice shall be appointed by the Director of the 

5 Substance Abuse and Mental Health Services 

6 Administration— 

7 ‘‘(i) on a permanent basis; and 

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

9 15 of the General Schedule.’’; 

10 (ii) in paragraph (2)— 

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

12 and inserting the following: 

13 ‘‘(2) RESPONSIBILITIES OF OFFICE.—In addi14 tion’’; 

15 (II) by striking subparagraph (A) 

16 and inserting the following: 

17 ‘‘(A) coordinating with other agencies to 

18 monitor the performance and compliance of the 

19 relevant Federal programs in achieving the 

20 goals and purposes of this subtitle and the 

21 Memorandum of Agreement entered into under 

22 section 4205;’’; 

23 (III) in subparagraph (B)— 

24 (aa) by striking ‘‘within the 

25 Bureau of Indian Affairs’’; and 


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1 (bb) by striking the period 

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

3 and 

4 (IV) by adding at the end the fol5 lowing: 

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

7 of enactment of the Tribal Law and Order Act 

8 of 2008, developing, in coordination and con9 sultation with tribal governments, a framework 

10 for interagency and tribal coordination that— 

11 ‘‘(i) establish the goals and other de12 sired outcomes of this Act; 

13 ‘‘(ii) prioritizes outcomes that are 

14 aligned with the purposes of affected agen15 cies; 

16 ‘‘(iii) provides guidelines for resource 

17 and information sharing; 

18 ‘‘(iv) provides technical assistance to 

19 the affected agencies to establish effective 

20 and permanent interagency communication 

21 and coordination; and 

22 ‘‘(v) determines whether collaboration 

23 is feasible, cost-effective, and within agency 

24 capability.’’; and 


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1 (iii) by striking paragraph (3) and in2 serting the following: 

3 ‘‘(3) APPOINTMENT OF EMPLOYEES.—The Di4 rector of the Substance Abuse and Mental Health 

5 Services Administration shall appoint such employ6 ees to work in the Office, and shall provide such 

7 funding, services, and equipment, as may be nec8 essary to enable the Office to carry out the respon9 sibilities under this subsection.’’; and 

10 (C) in subsection (c)— 

11 (i) by striking ‘‘of Alcohol and Sub12 stance Abuse’’ each place it appears; 

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

14 sentence, by striking ‘‘The Assistant Sec15 retary of the Interior for Indian Affairs’’ 

16 and inserting ‘‘The Director of the Sub17 stance Abuse and Mental Health Services 

18 Administration’’; and 

19 (iii) in paragraph (3)— 

20 (I) in the matter preceding sub21 paragraph (A), by striking ‘‘Youth’’ 

22 and inserting ‘‘youth’’; and 

23 (II) by striking ‘‘programs of the 

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1 ing ‘‘the applicable Federal pro2 grams’’. 

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

4 of the Indian Alcohol and Substance Abuse Preven5 tion and Treatment Act of 1986 (25 U.S.C. 

6 2414a(a)) is amended in the matter preceding para7 graph (1) by inserting ‘‘, the Attorney General,’’ 

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

9 (5) FEDERAL FACILITIES, PROPERTY, AND

10 EQUIPMENT.—Section 4209 of the Indian Alcohol 

11 and Substance Abuse Prevention and Treatment Act 

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

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

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

15 Interior’’; 

16 (B) in subsection (b)— 

17 (i) in the first sentence, by inserting 

18 ‘‘, the Attorney General,’’ after ‘‘the Sec19 retary of the Interior’’; 

20 (ii) in the second sentence, by insert21 ing ‘‘, nor the Attorney General,’’ after 

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

23 (iii) in the third sentence, by inserting 

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

25 Department of the Interior’’; and 


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

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

3 Interior’’. 

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

5 Alcohol and Substance Abuse Prevention and Treat6 ment Act of 1986 (25 U.S.C. 2416) is amended— 

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

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

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

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

11 year 1993 and such sums as may be necessary 

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

13 1997, 1998, 1999, and 2000’’ and inserting 

14 ‘‘the period of fiscal years 2009 through 2013’’. 

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

16 Alcohol and Substance Abuse Prevention and Treat17 ment Act of 1986 (25 U.S.C. 2431(a)) is amended 

18 in the matter preceding paragraph (1) by inserting 

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

20 Interior’’. 

21 (b) INDIAN EDUCATION PROGRAMS.—Section 4212 

22 of the Indian Alcohol and Substance Abuse Prevention Act 

23 of 1986 (25 U.S.C. 2432) is amended by striking sub24 section (a) and inserting the following: 

25 ‘‘(a) PILOT PROGRAMS.— 


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1 ‘‘(1) IN GENERAL.—The Assistant Secretary for 

2 Indian Affairs shall develop and implement pilot pro3 grams in selected schools funded by the Bureau of 

4 Indian Affairs (subject to the approval of the local 

5 school board or contract school board) to determine 

6 the effectiveness of summer youth programs in ad7 vancing the purposes and goals of this Act. 

8 ‘‘(2) COSTS.—The Assistant Secretary shall de9 fray all costs associated with the actual operation 

10 and support of the pilot program in a school from 

11 funds appropriated to carry out this subsection. 

12 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated to carry out 

14 the pilot programs under this subsection such sums 

15 as are necessary for each of fiscal years 2009 

16 through 2013.’’. 

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

18 Indian Alcohol and Substance Abuse Prevention and 

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

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

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

22 the paragraph and inserting ‘‘as are necessary for 

23 each of fiscal years 2009 through 2013.’’; 

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

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1 graph and inserting ‘‘$10,000,000 for each of fiscal 

2 years 2009 through 2013.’’; and 

3 (3) by indenting paragraphs (4) and (5) appro4 priately. 

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

6 Indian Alcohol and Substance Abuse Prevention and 

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

8 by inserting ‘‘, the Attorney General,’’ after ‘‘the Sec9 retary of the Interior’’. 

10 (e) ILLEGAL NARCOTICS TRAFFICKING; SOURCE

11 ERADICATION.—Section 4216 of the Indian Alcohol and 

12 Substance Abuse Prevention and Treatment Act of 1986 

13 (25 U.S.C. 2442) is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1)— 

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

17 the comma at the end and inserting a 

18 semicolon; 

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

20 ‘‘, and’’ at the end and inserting a semi21 colon; 

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

23 the period at the end and inserting ‘‘; 

24 and’’; and 


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1 (iv) by adding at the end the fol2 lowing: 

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

4 the investigation and control of illegal narcotics 

5 traffic on the Blackfeet Indian Reservation 

6 along the border with Canada.’’; 

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

8 States Custom Service’’ and inserting ‘‘United 

9 States Customs and Border Protection’’; and 

10 (C) by striking paragraph (3) and insert11 ing the following: 

12 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated to carry out 

14 this subsection such sums as are necessary for each 

15 of fiscal years 2009 through 2013.’’; and 

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

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

18 the paragraph and inserting ‘‘as are necessary for 

19 each of fiscal years 2009 through 2013.’’. 

20 (f) LAW ENFORCEMENT AND JUDICIAL TRAINING.— 

21 Section 4218 of the Indian Alcohol and Substance Abuse 

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

23 is amended— 

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

25 following: 


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1 ‘‘(a) TRAINING PROGRAMS.— 

2 ‘‘(1) IN GENERAL.—The Secretary of the Inte3 rior, in coordination with the Attorney General, the 

4 Administrator of the Drug Enforcement Administra5 tion, and the Director of the Federal Bureau of In6 vestigation, shall ensure, through the establishment 

7 of a new training program or by supplementing ex8 isting training programs, that all Bureau of Indian 

9 Affairs and tribal law enforcement and judicial per10 sonnel have access to training regarding— 

11 ‘‘(A) the investigation and prosecution of 

12 offenses relating to illegal narcotics; and 

13 ‘‘(B) alcohol and substance abuse preven14 tion and treatment. 

15 ‘‘(2) YOUTH-RELATED TRAINING.—Any train16 ing provided to Bureau of Indian Affairs or tribal 

17 law enforcement or judicial personnel under para18 graph (1) shall include training in issues relating to 

19 youth alcohol and substance abuse prevention and 

20 treatment.’’; and 

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

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

23 the subsection and inserting ‘‘as are necessary for 

24 each of fiscal years 2009 through 2013.’’. 


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1 (g) JUVENILE DETENTION CENTERS.—Section 

2 4220(b) of the Indian Alcohol and Substance Abuse Pre3 vention and Treatment Act of 1986 (25 U.S.C. 2453(b)) 

4 is amended— 

5 (1) by striking ‘‘such sums as may be necessary 

6 for each of the fiscal years 1994, 1995, 1996, 1997, 

7 1998, 1999, and 2000’’ each place it appears and 

8 inserting ‘‘such sums as are necessary for each of 

9 fiscal years 2009 through 2013’’; and 

10 (2) by indenting paragraph (2) appropriately. 

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

12 ASSISTANCE. 

13 (a) INDIAN TRIBAL JUSTICE.—Section 201 of the In14 dian Tribal Justice Act (25 U.S.C. 3621) is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘the provisions of sections 

17 101 and 102 of this Act’’ and inserting ‘‘sec18 tions 101 and 102’’; and 

19 (B) by striking ‘‘the fiscal years 2000 

20 through 2007’’ and inserting ‘‘fiscal years 2009 

21 through 2013’’; 

22 (2) in subsection (b)— 

23 (A) by striking ‘‘the provisions of section 

24 103 of this Act’’ and inserting ‘‘section 103’’; 

25 and 


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1 (B) by striking ‘‘the fiscal years 2000 

2 through 2007’’ and inserting ‘‘fiscal years 2009 

3 through 2013’’; 

4 (3) in subsection (c), by striking ‘‘the fiscal 

5 years 2000 through 2007’’ and inserting ‘‘fiscal 

6 years 2009 through 2013’’; and 

7 (4) in subsection (d), by striking ‘‘the fiscal 

8 years 2000 through 2007’’ and inserting ‘‘fiscal 

9 years 2009 through 2013’’. 

10 (b) TECHNICAL AND LEGAL ASSISTANCE.—The In11 dian Tribal Justice Technical and Legal Assistance Act 

12 of 2000 is amended— 

13 (1) in section 106 (25 U.S.C. 3666), by striking 

14 ‘‘2000 through 2004’’ and inserting ‘‘2009 through 

15 2013’’; and 

16 (2) in section 201(d) (25 U.S.C. 3681(d)), by 

17 striking ‘‘2000 through 2004’’ and inserting ‘‘2009 

18 through 2013’’. 

19 SEC. 403. TRIBAL RESOURCES GRANT PROGRAM. 

20 Section 1701 of the Omnibus Crime Control and Safe 

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

22 (1) in subsection (b)— 

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

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

25 the paragraph designation; 


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

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

3 (C) in paragraphs (9) and (10), by insert4 ing ‘‘, tribal,’’ after ‘‘State’’ each place it ap5 pears; 

6 (D) in paragraph (15)— 

7 (i) by striking ‘‘a State in’’ and in8 serting ‘‘a State or Indian tribe in’’; 

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

10 inserting ‘‘the State or tribal community 

11 that’’; and 

12 (iii) by striking ‘‘a State or’’ and in13 serting ‘‘a State, tribal, or’’; 

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

15 at the end; 

16 (F) in paragraph (17), by striking the pe17 riod at the end and inserting ‘‘; and’’; 

18 (G) by redesignating paragraphs (6) 

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

20 respectively; and 

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

22 ‘‘(17) to permit tribal governments receiving di23 rect law enforcement services from the Bureau of In24 dian Affairs to access the program under this secVerDate Aug 31 2005 22:07 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S3320.IS S3320

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1 tion on behalf of the Bureau for use in accordance 

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

3 (2) in subsection (g)— 

4 (A) by striking ‘‘The portion’’ and insert5 ing the following: 

6 ‘‘(1) IN GENERAL.—The portion’’; 

7 (B) in the second sentence, by striking ‘‘In 

8 relation’’ and inserting the following: 

9 ‘‘(2) CERTAIN GRANTS.—In relation’’; and 

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

11 ‘‘(3) WAIVER.—In acknowledgment of the Fed12 eral nexus and distinct Federal responsibility to ad13 dress and prevent crime in Indian country, for pur14 poses of providing grants to Indian tribes under this 

15 subsection, the Attorney General shall waive the 

16 matching funds requirement of this subsection if the 

17 Attorney General determines that there is a dem18 onstrated financial hardship. 

19 ‘‘(4) USE OF CERTAIN FUNDS.—In addition to 

20 providing a waiver under paragraph (3), the Attor21 ney General shall allow the use of funds appro22 priated for any agency of an Indian tribal govern23 ment or the Bureau of Indian Affairs to carry out 

24 law enforcement activities on Indian land to provide 


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1 the non-Federal share of the cost of a program or 

2 project under this section.’’; 

3 (3) in subsection (i), by striking ‘‘The author4 ity’’ and inserting ‘‘Except as provided in subsection 

5 (j), the authority’’; and 

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

7 ‘‘(j) EXTENSION OF PROGRAM FOR INDIAN

8 TRIBES.— 

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

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

11 Federal nexus and distinct Federal responsibility to 

12 address and prevent crime in Indian country, the At13 torney General may provide grants under this sec14 tion to Indian tribal governments, for fiscal year 

15 2009 and any fiscal year thereafter, for such period 

16 as the Attorney General determines to be appro17 priate to assist the Indian tribal governments in car18 rying out the purposes described in subsection (b). 

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

20 grants to Indian tribal governments under this sub21 section, the Attorney General shall take into consid22 eration reservation crime rates and tribal law en23 forcement staffing needs of each Indian tribal gov24 ernment. 


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1 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this subsection for 

4 each of fiscal years 2009 through 2013. 

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

6 date of enactment of this subsection, the Attorney General 

7 shall submit to Congress a report describing the extent 

8 and effectiveness of the Community Oriented Policing 

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

10 particular references to— 

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

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

13 existing law enforcement authorities; and 

14 ‘‘(3) an explanation of how the practice of com15 munity policing and the broken windows theory can 

16 most effectively be applied in remote tribal loca17 tions.’’. 

18 SEC. 404. TRIBAL JAILS PROGRAM. 

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

20 Crime Control and Law Enforcement Act of 1994 (42 

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

22 inserting the following: 

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

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1 ing to offender incarceration, the Attorney General shall 

2 reserve $35,000,000 for each of fiscal years 2009 through 

3 2013 to carry out this section.’’. 

4 (b) REGIONAL DETENTION CENTERS.— 

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

6 Crime Control and Law Enforcement Act of 1994 

7 (42 U.S.C. 13709) is amended by striking sub8 section (b) and inserting the following: 

9 ‘‘(b) GRANTS TO INDIAN TRIBES.— 

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

11 under subsection (a), the Attorney General shall pro12 vide grants— 

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

14 ‘‘(i) construction and maintenance of 

15 jails on Indian land for the incarceration 

16 of offenders subject to tribal jurisdiction; 

17 ‘‘(ii) entering into contracts with pri18 vate entities to increase the efficiency of 

19 the construction of tribal jails; and 

20 ‘‘(iii) developing and implementing al21 ternatives to incarceration in tribal jails; 

22 and 

23 ‘‘(B) to consortia of Indian tribes for pur24 poses of constructing and operating regional de25 tention centers on Indian land for long-term inVerDate Aug 31 2005 07:32 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S3320.IS S3320

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1 carceration of offenders subject to tribal juris2 diction, as the applicable consortium determines 

3 to be appropriate. 

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

5 grants under this subsection, the Attorney General 

6 shall take into consideration applicable— 

7 ‘‘(A) reservation crime rates; 

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

9 ‘‘(C) bed space needs.’’. 

10 (2) CONFORMING AMENDMENT.—Section 

11 20109(c) of the Violent Crime Control and Law En12 forcement Act of 1994 (42 U.S.C. 13709(c)) is 

13 amended by inserting ‘‘or consortium of Indian 

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

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

16 Violent Crime Control and Law Enforcement Act of 

17 1994 (42 U.S.C. 13709) is amended by adding at 

18 the end the following: 

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

20 the date of enactment of this subsection, the Attorney 

21 General, in coordination with the Bureau of Indian Affairs 

22 and in consultation with tribal leaders, tribal law enforce23 ment officers, and tribal corrections officials, shall submit 

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

25 Indian country, including a description of— 


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1 ‘‘(1) proposed activities for construction of de2 tention facilities (including regional facilities) on In3 dian land; 

4 ‘‘(2) proposed activities for construction of ad5 ditional Federal detention facilities on Indian land; 

6 ‘‘(3) proposed activities for contracting with 

7 State and local detention centers, with tribal govern8 ment approval; 

9 ‘‘(4) proposed alternatives to incarceration, de10 veloped in cooperation with tribal court systems; and 

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

12 General, in coordination with the Bureau of Indian 

13 Affairs and in consultation with Indian tribes, deter14 mines to be necessary.’’. 

15 SEC. 405. TRIBAL PROBATION OFFICE LIAISON PROGRAM. 

16 Title II of the Indian Tribal Justice Technical and 

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

18 is amended by adding at the end the following: 

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

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

21 the Administrative Office of the United States Courts 

22 shall appoint individuals residing in Indian country to 

23 serve as assistant parole or probation officers for purposes 

24 of monitoring and providing service to Federal prisoners 

25 residing in Indian country.’’. 


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1 SEC. 406. TRIBAL YOUTH PROGRAM. 

2 (a) INCENTIVE GRANTS FOR LOCAL DELINQUENCY

3 PREVENTION PROGRAMS.— 

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

5 Justice and Delinquency Prevention Act of 1974 (42 

6 U.S.C. 5783) is amended— 

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

8 Indian tribes under subsection (d)’’ after ‘‘sub9 section (b)’’; and 

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

11 ‘‘(d) GRANTS FOR TRIBAL DELINQUENCY PREVEN12 TION PROGRAMS.— 

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

14 make grants under this section, on a competitive 

15 basis, to eligible Indian tribes or consortia of Indian 

16 tribes, as described in paragraph (2)— 

17 ‘‘(A) to support and enhance tribal juvenile 

18 justice systems; and 

19 ‘‘(B) to encourage accountability of Indian 

20 tribal governments with respect to juvenile de21 linquency responses and prevention. 

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

23 to receive a grant under this subsection, an Indian 

24 tribe or consortium of Indian tribes shall submit to 

25 the Administrator an application in such form and 


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1 containing such information as the Administrator 

2 may require. 

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

4 grants under this subsection, the Administrator shall 

5 take into consideration, with respect to the reserva6 tion communities to be served— 

7 ‘‘(A) juvenile crime rates; 

8 ‘‘(B) dropout rates; and 

9 ‘‘(C) percentages of at-risk youth.’’. 

10 (2) AUTHORIZATION OF APPROPRIATIONS.— 

11 Section 505 of the Juvenile Justice and Delinquency 

12 Prevention Act of 1974 (42 U.S.C. 5784) is amend13 ed by striking ‘‘fiscal years 2004, 2005, 2006, 2007, 

14 and 2008’’ and inserting ‘‘each of fiscal years 2009 

15 through 2013’’. 

16 (b) COORDINATING COUNCIL ON JUVENILE JUSTICE

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

18 the Juvenile Justice and Delinquency Prevention Act of 

19 1974 (42 U.S.C. 5616(a)(2)) is amended— 

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

21 and inserting ‘‘Ten’’; and 

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

23 the following: 

24 ‘‘(iv) One member shall be appointed 

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1 dian Affairs of the Senate, in consultation 

2 with the Vice Chairman of that Com3 mittee.’’. 

4 TITLE V—INDIAN COUNTRY 

5 CRIME DATA 

6 SEC. 501. TRACKING OF CRIMES COMMITTED IN INDIAN 

7 COUNTRY. 

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

9 Against Women and Department of Justice Reauthoriza10 tion Act of 2005 (28 U.S.C. 534 note; Public Law 109– 

11 162) is amended— 

12 (1) in subsection (a)— 

13 (A) by redesignating paragraphs (8) 

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

15 respectively; 

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

17 following: 

18 ‘‘(8) the Office of Justice Services of the Bu19 reau of Indian Affairs;’’; 

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

21 subparagraph (A)), by striking ‘‘State’’ and in22 serting ‘‘tribal, State,’’; and 

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

24 redesignated by subparagraph (A)), by inserting 


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

2 and 

3 (2) in subsection (b), by inserting ‘‘tribal,’’ be4 fore ‘‘State,’’ each place it appears. 

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

6 of the Omnibus Crime Control and Safe Streets Act of 

7 1968 (42 U.S.C. 3732) is amended— 

8 (1) in subsection (c)— 

9 (A) in paragraph (1), by inserting ‘‘, In10 dian tribes,’’ after ‘‘contracts with’’; 

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

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

13 it appears; 

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

15 Indian country’’ after ‘‘States’’; 

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

17 and State Governments’’ and inserting ‘‘Fed18 eral Government and State and tribal govern19 ments’’; 

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

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

22 it appears; 

23 (F) in paragraph (13), by inserting ‘‘, In24 dian tribes,’’ after ‘‘States’’; 

25 (G) in paragraph (17)— 


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

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

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

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

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

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

7 local’’; 

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

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

10 (J) in paragraph (20), by inserting ‘‘, trib11 al,’’ after ‘‘State’’; and 

12 (K) in paragraph (22), by inserting ‘‘, trib13 al,’’ after ‘‘Federal’’; 

14 (2) in subsection (d)— 

15 (A) by redesignating paragraphs (1) 

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

17 respectively, and indenting the subparagraphs 

18 appropriately; 

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

20 the following: 

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

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

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

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1 tor of the Office of Law Enforcement Services) and 

2 the Director of the Federal Bureau of Investigation, 

3 shall work with Indian tribes and tribal law enforce4 ment agencies to establish and implement such tribal 

5 data collection systems as the Director determines to 

6 be necessary to achieve the purposes of this sec7 tion.’’; 

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

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

10 (4) in subsection (f)— 

11 (A) in the subsection heading, by inserting 

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

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

14 and 

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

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

17 COUNTRY.—Not later than 1 year after the date of enact18 ment of this subsection, and annually thereafter, the Di19 rector shall submit to Congress a report describing the 

20 data collected and analyzed under this section relating to 

21 crimes in Indian country.’’. 


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1 SEC. 502. GRANTS TO IMPROVE TRIBAL DATA COLLECTION 

2 SYSTEMS. 

3 Section 3 of the Indian Law Enforcement Reform Act 

4 (25 U.S.C. 2802) is amended by adding at the end the 

5 following: 

6 ‘‘(f) GRANTS TO IMPROVE TRIBAL DATA COLLEC7 TION SYSTEMS.— 

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

9 through the Director of the Office of Justice Serv10 ices of the Bureau and in coordination with the At11 torney General, shall establish a program under 

12 which the Secretary shall provide grants to Indian 

13 tribes for activities to ensure uniformity in the col14 lection and analysis of data relating to crime in In15 dian country. 

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

17 through the Director of the Office of Justice Serv18 ices of the Bureau, in consultation with tribal gov19 ernments and tribal justice officials, shall promul20 gate such regulations as are necessary to carry out 

21 the grant program under this subsection.’’. 

22 SEC. 503. CRIMINAL HISTORY RECORD IMPROVEMENT PRO23 GRAM. 

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

25 Safe Streets Act of 1968 (42 U.S.C. 3796h(a)) is amend26 ed by inserting ‘‘, tribal,’’ after ‘‘State’’. 


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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.— 


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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 

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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’’. 


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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 


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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 


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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 


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