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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3320 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Tribal Law and 
Order Act of 2008''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
            TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION

Sec. 101. Office of Justice Services responsibilities.
Sec. 102. Declination reports.
Sec. 103. Prosecution of crimes in Indian country.
Sec. 104. Administration.
            TITLE II--STATE ACCOUNTABILITY AND COORDINATION

Sec. 201. State criminal jurisdiction and resources.
Sec. 202. Incentives for State, tribal, and local law enforcement 
                            cooperation.
   TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND TRIBAL 
                              GOVERNMENTS

Sec. 301. Tribal police officers.
Sec. 302. Drug enforcement in Indian country.
Sec. 303. Access to national criminal information databases.
Sec. 304. Tribal court sentencing authority.
Sec. 305. Indian law and order commission.
                    TITLE IV--TRIBAL JUSTICE SYSTEMS

Sec. 401. Indian alcohol and substance abuse.
Sec. 402. Indian tribal justice; technical and legal assistance.
Sec. 403. Tribal resources grant program.
Sec. 404. Tribal jails program.
Sec. 405. Tribal probation office liaison program.
Sec. 406. Tribal youth program.
                   TITLE V--INDIAN COUNTRY CRIME DATA

Sec. 501. Tracking of crimes committed in Indian country.
Sec. 502. Grants to improve tribal data collection systems.
Sec. 503. Criminal history record improvement program.
    TITLE VI--DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROSECUTION AND 
                               PREVENTION

Sec. 601. Prisoner release and reentry.
Sec. 602. Domestic and sexual violent offense training.
Sec. 603. Testimony by Federal employees in cases of rape and sexual 
                            assault.
Sec. 604. Coordination of Federal agencies.
Sec. 605. Sexual assault protocol.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the United States has distinct legal, treaty, and trust 
        obligations to provide for the public safety of tribal 
        communities;
            (2) several States have been delegated or have accepted 
        responsibility to provide for the public safety of tribal 
        communities within the borders of the States;
            (3) Congress and the President have acknowledged that--
                    (A) tribal law enforcement officers are often the 
                first responders to crimes on Indian reservations; and
                    (B) tribal justice systems are ultimately the most 
                appropriate institutions for maintaining law and order 
                in tribal communities;
            (4) less than 3,000 tribal and Federal law enforcement 
        officers patrol more than 56,000,000 acres of Indian country, 
        which reflects less than \1/2\ of the law enforcement presence 
        in comparable rural communities nationwide;
            (5) on many Indian reservations, law enforcement officers 
        respond to distress or emergency calls without backup and 
        travel to remote locations without adequate radio communication 
        or access to national crime information database systems;
            (6) the majority of tribal detention facilities were 
        constructed decades before the date of enactment of this Act 
        and must be or will soon need to be replaced, creating a 
        multibillion-dollar backlog in facility needs;
            (7) a number of Indian country offenders face no 
        consequences for minor crimes, and many such offenders are 
        released due to severe overcrowding in existing detention 
        facilities;
            (8) tribal courts--
                    (A) are the primary arbiters of criminal and civil 
                justice for actions arising in Indian country; but
                    (B) have been historically underfunded;
            (9) tribal courts have no criminal jurisdiction over non-
        Indian persons, and the sentencing authority of tribal courts 
        is limited to sentences of not more than 1 year of imprisonment 
        for Indian offenders, forcing tribal communities to rely solely 
        on the Federal Government and certain State governments for the 
        prosecution of--
                    (A) misdemeanors committed by non-Indian persons; 
                and
                    (B) all felony crimes in Indian country;
            (10) a significant percentage of cases referred to Federal 
        agencies for prosecution of crimes allegedly occurring in 
        tribal communities are declined to be prosecuted;
            (11) the complicated jurisdictional scheme that exists in 
        Indian country--
                    (A) has a significant negative impact on the 
                ability to provide public safety to Indian communities; 
                and
                    (B) has been increasingly exploited by criminals;
            (12) the violent crime rate in Indian country is--
                    (A) nearly twice the national average; and
                    (B) more than 20 times the national average on some 
                Indian reservations;
            (13)(A) domestic and sexual violence against Indian and 
        Alaska Native women has reached epidemic proportions;
            (B) 34 percent of Indian and Alaska Native women will be 
        raped in their lifetimes; and
            (C) 39 percent of Indian and Alaska Native women will be 
        subject to domestic violence;
            (14) the lack of police presence and resources in Indian 
        country has resulted in significant delays in responding to 
        victims' calls for assistance, which adversely affects the 
        collection of evidence needed to prosecute crimes, particularly 
        crimes of domestic and sexual violence;
            (15) alcohol and drug abuse plays a role in more than 80 
        percent of crimes committed in tribal communities;
            (16) the rate of methamphetamine addiction in tribal 
        communities is 3 times the national average;
            (17) the Department of Justice has reported that drug 
        organizations have increasingly targeted Indian country to 
        produce and distribute methamphetamine, citing the limited law 
        enforcement presence and jurisdictional confusion as reasons 
        for the increased activity;
            (18) tribal communities face significant increases in 
        instances of domestic violence, burglary, assault, and child 
        abuse as a direct result of increased methamphetamine use on 
        Indian reservations;
            (19)(A) criminal jurisdiction in Indian country is complex, 
        and responsibility for Indian country law enforcement is shared 
        among Federal, tribal, and State authorities; and
            (B) that complexity requires a high degree of commitment 
        and cooperation from Federal and State officials that can be 
        difficult to establish;
            (20) agreements for cooperation among certified tribal and 
        State law enforcement officers have proven to improve law 
        enforcement in tribal communities; and
            (21) crime data is a fundamental tool of law enforcement, 
        but for decades the Bureau of Indian Affairs and the Department 
        of Justice have not been able to coordinate or consistently 
        report crime and prosecution rates in tribal communities.
    (b) Purposes.--The purposes of this Act are--
            (1) to clarify the responsibilities of Federal, State, 
        tribal, and local governments with respect to crimes committed 
        in tribal communities;
            (2) to increase coordination and communication among 
        Federal, State, tribal, and local law enforcement agencies;
            (3) to empower tribal governments with the authority, 
        resources, and information necessary to safely and effectively 
        provide for the safety of the public in tribal communities;
            (4) to reduce the prevalence of violent crime in tribal 
        communities and to combat violence against Indian and Alaska 
        Native women;
            (5) to address and prevent drug trafficking and reduce 
        rates of alcohol and drug addiction in Indian country; and
            (6) to increase and standardize the collection of criminal 
        data and the sharing of criminal history information among 
        Federal, State, and tribal officials responsible for responding 
        to and investigating crimes in tribal communities.

SEC. 3. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Indian country.--The term ``Indian country'' has the 
        meaning given the term in section 1151 of title 18, United 
        States Code.
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 102 of the Federally 
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Tribal government.--The term ``tribal government'' 
        means the governing body of an Indian tribe.
    (b) Indian Law Enforcement Reform Act.--Section 2 of the Indian Law 
Enforcement Reform Act (25 U.S.C. 2801) is amended by adding at the end 
the following:
            ``(10) Tribal justice official.--The term `tribal justice 
        official' means--
                    ``(A) a tribal prosecutor;
                    ``(B) a tribal law enforcement officer; or
                    ``(C) any other person responsible for 
                investigating or prosecuting an alleged criminal 
                offense in tribal court.''.

            TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION

SEC. 101. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES.

    (a) Additional Responsibilities of Division.--Section 3 of the 
Indian Law Enforcement Reform Act (25 U.S.C. 2802) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (8), by striking ``and'' at the 
                end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(10) communicating with tribal leaders, tribal community 
        advocates, tribal justice officials, and residents of Indian 
        land on a regular basis regarding public safety and justice 
        concerns facing tribal communities;
            ``(11) conducting meaningful and timely consultation with 
        tribal leaders and tribal justice officials in the development 
        of regulatory policies and other actions that affect public 
        safety and justice in Indian country;
            ``(12) providing technical assistance and training to 
        tribal law enforcement officials to gain access and input 
        authority to utilize the National Criminal Information Center 
        and other national crime information databases pursuant to 
        section 534 of title 28, United States Code;
            ``(13) in coordination with the Attorney General pursuant 
        to subsection (g) of section 302 of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3732), collecting, 
        analyzing, and reporting data regarding Indian country crimes 
        on an annual basis;
            ``(14) submitting to the Committee on Indian Affairs of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives, for each fiscal year, a detailed spending 
        report regarding tribal public safety and justice programs that 
        includes--
                    ``(A) the number of employees and amounts spent by 
                category, including a breakdown by position of direct 
                Bureau and tribal government employees, for each of--
                            ``(i) criminal investigators;
                            ``(ii) uniform police;
                            ``(iii) dispatchers;
                            ``(iv) detention officers; and
                            ``(v) executive personnel, including 
                        special agents in charge, and directors and 
                        deputies of various offices in the Office of 
                        Justice Services;
                    ``(B) an itemized list of spending by the Secretary 
                on law enforcement and corrections personnel, vehicles, 
                related transportation costs, equipment, inmate 
                transportation costs, inmate transfer costs, 
                improvement and repair of facilities, personnel 
                transfers, detailees and costs related to their 
                details, emergency events, public safety and justice 
                communications and technology costs, and other public 
                safety and justice-related expenses;
                    ``(C) a list of, and relevant details regarding, 
                the unmet staffing needs of law enforcement and 
                corrections personnel at tribal and Bureau of Indian 
                Affairs police departments and corrections facilities, 
                the backlog in corrections facilities, public safety 
                and justice communications and technology needs, and 
                other public safety and justice-related needs; and
                    ``(D) the formula, priority list or other 
                methodology used to determine the method of 
                disbursement of funds for the public safety and justice 
                programs of the Office of Justice Services;
            ``(15) submitting to Congress, for each fiscal year, a 
        report summarizing the technical assistance, training, and 
        other support provided to tribal law enforcement and 
        corrections agencies that operate relevant programs pursuant to 
        self-determination contracts or self-governance compacts with 
        the Bureau of Indian Affairs; and
            ``(16) promulgating regulations to carry out this Act, and 
        routinely reviewing and updating, as necessary, the regulations 
        contained in subchapter B of title 25, Code of Federal 
        Regulations (or successor regulations).''; and
            (2) by adding at the end the following:
    ``(d) Long-Term Plan for Tribal Detention Programs.--Not later than 
1 year after the date of enactment of this subsection, the Secretary, 
acting through the Bureau, in coordination with the Department of 
Justice and in consultation with tribal leaders, tribal law enforcement 
officers, and tribal corrections officials, shall submit to Congress a 
long-term plan to address incarceration in Indian country, including a 
description of--
            ``(1) proposed activities for the construction of detention 
        facilities (including regional facilities) on Indian land;
            ``(2) proposed activities for the construction of 
        additional Federal detention facilities on Indian land;
            ``(3) proposed activities for contracting with State and 
        local detention centers, upon approval of affected tribal 
        governments;
            ``(4) proposed activities for alternatives to 
        incarceration, developed in cooperation with tribal court 
        systems; and
            ``(5) other such alternatives to incarceration as the 
        Secretary, in coordination with the Bureau and in consultation 
        with tribal representatives, determines to be necessary.''.
    (b) Law Enforcement Authority.--Section 4 of the Indian Law 
Enforcement Reform Act (25 U.S.C. 2803) is amended--
            (1) in paragraph (2)(A), by striking ``), or'' and 
        inserting ``or offenses committed on Federal property processed 
        by the Central Violations Bureau); or''; and
            (2) in paragraph (3), by striking subparagraphs (A) through 
        (C) and inserting the following:
                    ``(A) the offense is committed in the presence of 
                the employee; or
                    ``(B) the offense is a Federal crime and the 
                employee has reasonable grounds to believe that the 
                person to be arrested has committed, or is committing, 
                the crime;''.

SEC. 102. DECLINATION REPORTS.

    Section 10 of the Indian Law Enforcement Reform Act (25 U.S.C. 
2809) is amended by striking subsections (a) through (d) and inserting 
the following:
    ``(a) Reports.--
            ``(1) Law enforcement officials.--Subject to subsection 
        (d), if a law enforcement officer or employee of any Federal 
        department or agency declines to initiate an investigation of 
        an alleged violation of Federal law in Indian country, or 
        terminates such an investigation without referral for 
        prosecution, the officer or employee shall--
                    ``(A) submit to the appropriate tribal justice 
                officials a report describing each reason why a case 
                was not opened or an investigation was declined or 
                terminated; and
                    ``(B) submit to the Office of Indian Country Crime 
                relevant information regarding all declinations of 
                alleged violations of Federal law in Indian country, 
                including--
                            ``(i) the type of crime alleged;
                            ``(ii) the status of the accused as an 
                        Indian or non-Indian;
                            ``(iii) the status of the victim as an 
                        Indian; and
                            ``(iv) the reason for declining to 
                        initiate, open, or terminate the investigation.
            ``(2) United states attorneys.--Subject to subsection (d), 
        if a United States Attorney declines to prosecute, or acts to 
        terminate prosecution of, an alleged violation of Federal law 
        in Indian country referred for prosecution by a law enforcement 
        officer or employee of a Federal department or agency or other 
        law enforcement officer authorized to enforce Federal law, the 
        United States Attorney shall--
                    ``(A) coordinate and communicate with the 
                appropriate tribal justice official, sufficiently in 
                advance of the tribal statute of limitations, 
                reasonable details regarding the case to permit the 
                tribal prosecutor to pursue the case in tribal court; 
                and
                    ``(B) submit to the Office of Indian Country Crime 
                and the appropriate tribal justice official relevant 
                information regarding all declinations of alleged 
                violations of Federal law in Indian country, 
                including--
                            ``(i) the type of crime alleged;
                            ``(ii) the status of the accused as an 
                        Indian or non-Indian;
                            ``(iii) the status of the victim as an 
                        Indian; and
                            ``(iv) the reason for the determination to 
                        decline or terminate the prosecution.
    ``(b) Maintenance of Records.--
            ``(1) In general.--The Director of the Office of Indian 
        Country Crime shall establish and maintain a compilation of 
        information received under paragraph (1) or (2) of subsection 
        (a) relating to declinations.
            ``(2) Availability to congress.--Each compilation under 
        paragraph (1) shall be made available to Congress on an annual 
        basis.
    ``(c) Inclusion of Case Files.--A report submitted to the 
appropriate tribal justice officials under paragraph (1) or (2) of 
subsection (a) may include the case file, including evidence collected 
and statements taken that could support an investigation or prosecution 
by the appropriate tribal justice officials.
    ``(d) Effect of Section.--
            ``(1) In general.--Nothing in this section requires any 
        Federal agency or official to transfer or disclose any 
        confidential or privileged communication, information, or 
        source to an official of any Indian tribe.
            ``(2) Federal rules of criminal procedure.--Rule 6 of the 
        Federal Rules of Criminal Procedure shall apply to this 
        section.
            ``(3) Regulations.--Each Federal agency required to submit 
        a report pursuant to this section shall adopt, by regulation, 
        standards for the protection of confidential or privileged 
        communications, information, and sources under paragraph 
        (1).''.

SEC. 103. PROSECUTION OF CRIMES IN INDIAN COUNTRY.

    (a) Appointment of Special Prosecutors.--Section 543(a) of title 
28, United States Code, is amended by inserting before the period at 
the end the following: ``, including the appointment of qualified 
tribal prosecutors and other qualified attorneys to assist in 
prosecuting Federal offenses committed in Indian country''.
    (b) Tribal Liaisons.--The Indian Law Enforcement Reform Act (25 
U.S.C. 2801 et seq.) is amended by adding at the end the following:

``SEC. 11. ASSISTANT UNITED STATES ATTORNEY TRIBAL LIAISONS.

    ``(a) Appointment.--Each United States Attorney the district of 
which includes Indian country shall appoint not less than 1 assistant 
United States Attorney to serve as a tribal liaison for the district.
    ``(b) Duties.--A tribal liaison shall be responsible for the 
following activities in the district of the tribal liaison:
            ``(1) Coordinating the prosecution of Federal crimes that 
        occur in Indian country.
            ``(2) Developing multidisciplinary teams to combat child 
        abuse and domestic and sexual violence offenses against 
        Indians.
            ``(3) Developing working relationships and maintaining 
        communication with tribal leaders, tribal community advocates, 
        and tribal justice officials to gather information from, and 
        share appropriate information with, tribal justice officials.
            ``(4) Coordinating with tribal prosecutors in cases in 
        which a tribal government has concurrent jurisdiction over an 
        alleged crime, in advance of the expiration of any applicable 
        statute of limitation.
            ``(5) Providing technical assistance and training regarding 
        evidence gathering techniques to tribal justice officials and 
        other individuals and entities that are instrumental to 
        responding to Indian country crimes.
            ``(6) Conducting training sessions and seminars to certify 
        special law enforcement commissions to tribal justice officials 
        and other individuals and entities responsible for responding 
        to Indian country crimes.
            ``(7) Coordinating with the Office of Indian Country Crime, 
        as necessary.
            ``(8) Conducting such other activities to address and 
        prevent violent crime in Indian country as the applicable 
        United States Attorney determines to be appropriate.
    ``(c) Sense of Congress Regarding Evaluations of Tribal Liaisons.--
            ``(1) Findings.--Congress finds that--
                    ``(A) many tribal communities rely solely on United 
                States Attorneys offices to prosecute felony and 
                misdemeanor crimes occurring on Indian land; and
                    ``(B) tribal liaisons have dual obligations of--
                            ``(i) coordinating prosecutions of Indian 
                        country crime; and
                            ``(ii) developing relationships with tribal 
                        communities and serving as a link between 
                        tribal communities and the Federal justice 
                        process.
            ``(2) Sense of congress.--It is the sense of Congress that 
        the Attorney General should--
                    ``(A) take all appropriate actions to encourage the 
                aggressive prosecution of all crimes committed in 
                Indian country; and
                    ``(B) when appropriate, take into consideration the 
                dual responsibilities of tribal liaisons described in 
                paragraph (1)(B) in evaluating the performance of the 
                tribal liaisons.
    ``(d) Enhanced Prosecution of Minor Crimes.--Each United States 
Attorney serving a district that includes Indian country is authorized 
and encouraged--
            ``(1) to appoint Special Assistant United States Attorneys 
        pursuant to section 543(a) of title 28, United States Code, to 
        prosecute crimes in Indian country as necessary to improve the 
        administration of justice, and particularly when--
                    ``(A) the crime rate exceeds the national average 
                crime rate; or
                    ``(B) the rate at which criminal offenses are 
                declined to be prosecuted exceeds the national average 
                rate;
            ``(2) to coordinate with applicable United States 
        magistrate and district courts--
                    ``(A) to ensure the provision of docket time for 
                prosecutions of Indian country crimes; and
                    ``(B) to hold trials and other proceedings in 
                Indian country, as appropriate;
            ``(3) to provide to appointed Special Assistant United 
        States Attorneys appropriate training, supervision, and staff 
        support; and
            ``(4) if an agreement is entered into with a Federal court 
        pursuant to paragraph (2), to provide technical and other 
        assistance to tribal governments and tribal court systems to 
        ensure the success of the program under this subsection.''.

SEC. 104. ADMINISTRATION.

    (a) Office of Tribal Justice.--
            (1) Definitions.--Section 4 of the Indian Tribal Justice 
        Technical and Legal Assistance Act of 2000 (25 U.S.C. 3653) is 
        amended--
                    (A) by redesignating paragraphs (2) through (7) as 
                paragraphs (3) through (8), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) Director.--The term `Director' means the Director of 
        the Office of Tribal Justice.''.
            (2) Status.--Title I of the Indian Tribal Justice Technical 
        and Legal Assistance Act of 2000 is amended--
                    (A) by redesignating section 106 (25 U.S.C. 3666) 
                as section 107; and
                    (B) by inserting after section 105 (25 U.S.C. 3665) 
                the following:

``SEC. 106. OFFICE OF TRIBAL JUSTICE.

    ``(a) In General.--Not later than 90 days after the date of 
enactment of the Tribal Law and Order Act of 2008, the Attorney General 
shall modify the status of the Office of Tribal Justice as the Attorney 
General determines to be necessary to establish the Office of Tribal 
Justice as a permanent division of the Department.
    ``(b) Personnel and Funding.--The Attorney General shall provide to 
the Office of Tribal Justice such personnel and funds as are necessary 
to establish the Office of Tribal Justice as a division of the 
Department under subsection (a).
    ``(c) Additional Duties.--In addition to the duties of the Office 
of Tribal Justice in effect on the day before the date of enactment of 
the Tribal Law and Order Act of 2008, the Office of Tribal Justice 
shall--
            ``(1) serve as the program and legal policy advisor to the 
        Attorney General with respect to the treaty and trust 
        relationship between the United States and Indian tribes;
            ``(2) serve as the point of contact for federally 
        recognized tribal governments and tribal organizations with 
        respect to questions and comments regarding policies and 
        programs of the Department and issues relating to public safety 
        and justice in Indian country; and
            ``(3) coordinate with other bureaus, agencies, offices, and 
        divisions within the Department of Justice to ensure that each 
        component has an accountable process to ensure meaningful and 
        timely consultation with tribal leaders in the development of 
        regulatory policies and other actions with tribal 
        implications.''.
    (b) Office of Indian Country Crime.--The Indian Law Enforcement 
Reform Act (25 U.S.C. 2801 et seq.) (as amended by section 103(b)) is 
amended by adding at the end the following:

``SEC. 12. OFFICE OF INDIAN COUNTRY CRIME.

    ``(a) Establishment.--There is established in the criminal division 
of the Department of Justice an office, to be known as the `Office of 
Indian Country Crime'.
    ``(b) Duties.--The Office of Indian Country Crime shall--
            ``(1) develop, enforce, and administer the application of 
        Federal criminal laws applicable in Indian country;
            ``(2) coordinate with the United States Attorneys that have 
        authority to prosecute crimes in Indian country;
            ``(3) coordinate prosecutions of crimes of national 
        significance in Indian country, as determined by the Attorney 
        General;
            ``(4) develop and implement criminal enforcement policies 
        for United States Attorneys and investigators of Federal crimes 
        regarding cases arising in Indian country; and
            ``(5) submit to the Committee on Indian Affairs of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives annual reports describing the prosecution and 
        declination rates of cases involving alleged crimes in Indian 
        country referred to United States Attorneys.
    ``(c) Deputy Assistant Attorney General.--
            ``(1) Appointment.--The Attorney General shall appoint a 
        Deputy Assistant Attorney General for Indian Country Crime.
            ``(2) Duties.--The Deputy Assistant Attorney General for 
        Indian Country Crime shall--
                    ``(A) serve as the head of the Office of Indian 
                Country Crime;
                    ``(B) serve as a point of contact to United State 
                Attorneys serving districts including Indian country, 
                tribal liaisons, tribal governments, and other Federal, 
                State, and local law enforcement agencies regarding 
                issues affecting the prosecution of crime in Indian 
                country; and
                    ``(C) carry out such other duties as the Attorney 
                General may prescribe.''.

            TITLE II--STATE ACCOUNTABILITY AND COORDINATION

SEC. 201. STATE CRIMINAL JURISDICTION AND RESOURCES.

    (a) Concurrent Authority of United States.--Section 401(a) of 
Public Law 90-284 (25 U.S.C. 1321(a)) is amended--
            (1) by striking the section designation and heading and all 
        that follows through ``The consent of the United States'' and 
        inserting the following:

``SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDICTION.

    ``(a) Consent of United States.--
            ``(1) In general.--The consent of the United States''; and
            (2) by adding at the end the following:
            ``(2) Concurrent jurisdiction.--At the request of an Indian 
        tribe, and after consultation with the Attorney General, the 
        United States shall maintain concurrent jurisdiction to 
        prosecute violations of sections 1152 and 1153 of title 18, 
        United States Code, within the Indian country of the Indian 
        tribe.''.
    (b) Applicable Law.--Section 1162 of title 18, United States Code, 
is amended by striking subsection (c) and inserting the following:
    ``(c) Applicable Law.--At the request of an Indian tribe, and after 
consultation with the Attorney General--
            ``(1) sections 1152 and 1153 of this title shall remain in 
        effect in the areas of the Indian country of the Indian tribe; 
        and
            ``(2) jurisdiction over those areas shall be concurrent 
        among the Federal Government and State and tribal 
        governments.''.

SEC. 202. INCENTIVES FOR STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT 
              COOPERATION.

    (a) Establishment of Cooperative Assistance Program.--The Attorney 
General may provide grants, technical assistance, and other assistance 
to State, tribal, and local governments that enter into cooperative 
agreements, including agreements relating to mutual aid, hot pursuit of 
suspects, and cross-deputization for the purposes of--
            (1) improving law enforcement effectiveness; and
            (2) reducing crime in Indian country and nearby 
        communities.
    (b) Program Plans.--
            (1) In general.--To be eligible to receive assistance under 
        this section, a group composed of not less than 1 of each of a 
        tribal government and a State or local government shall jointly 
        develop and submit to the Attorney General a plan for a program 
        to achieve the purpose described in subsection (a).
            (2) Plan requirements.--A joint program plan under 
        paragraph (1) shall include a description of--
                    (A) the proposed cooperative tribal and State or 
                local law enforcement program for which funding is 
                sought, including information on the population and 
                each geographic area to be served by the program;
                    (B) the need of the proposed program for funding 
                under this section, the amount of funding requested, 
                and the proposed use of funds, subject to the 
                requirements listed in subsection (c);
                    (C) the unit of government that will administer any 
                assistance received under this section, and the method 
                by which the assistance will be distributed;
                    (D) the types of law enforcement services to be 
                performed on each applicable Indian reservation and the 
                individuals and entities that will perform those 
                services;
                    (E) the individual or group of individuals who will 
                exercise daily supervision and control over law 
                enforcement officers participating in the program;
                    (F) the method by which local and tribal government 
                input with respect to the planning and implementation 
                of the program will be ensured;
                    (G) the policies of the program regarding mutual 
                aid, hot pursuit of suspects, deputization, training, 
                and insurance of applicable law enforcement officers;
                    (H) the recordkeeping procedures and types of data 
                to be collected pursuant to the program; and
                    (I) other information that the Attorney General 
                determines to be relevant.
    (c) Permissible Uses of Funds.--An eligible entity that receives a 
grant under this section may use the grant, in accordance with the 
program plan described in subsection (b)--
            (1) to hire and train new career tribal, State, or local 
        law enforcement officers, or to make overtime payments for 
        current law enforcement officers, that are or will be dedicated 
        to--
                    (A) policing tribal land and nearby lands; and
                    (B) investigating alleged crimes on those lands;
            (2) procure equipment, technology, or support systems to be 
        used to investigate crimes and share information between 
        tribal, State, and local law enforcement agencies; or
            (3) for any other uses that the Attorney General determines 
        will meet the purposes described in subsection (a).
    (d) Factors for Consideration.--In determining whether to approve a 
joint program plan submitted under subsection (b) and, on approval, the 
amount of assistance to provide to the program, the Attorney General 
shall take into consideration the following factors:
            (1) The size and population of each Indian reservation and 
        nearby community proposed to be served by the program.
            (2) The complexity of the law enforcement problems proposed 
        to be addressed by the program.
            (3) The range of services proposed to be provided by the 
        program.
            (4) The proposed improvements the program will make 
        regarding law enforcement cooperation beyond existing levels of 
        cooperation.
            (5) The crime rates of the tribal and nearby communities.
            (6) The available resources of each entity applying for a 
        grant under this section for dedication to public safety in the 
        respective jurisdictions of the entities.
    (e) Annual Reports.--To be eligible to renew or extend a grant 
under this section, a group described in subsection (b)(1) shall submit 
to the Attorney General, together with the joint program plan under 
subsection (b), a report describing the law enforcement activities 
carried out pursuant to the program during the preceding fiscal year, 
including the success of the activities, including any increase in 
arrests or prosecutions.
    (f) Reports by Attorney General.--Not later than January 15 of each 
applicable fiscal year, the Attorney General shall submit to the 
Committee on Indian Affairs of the Senate and the Committee on Natural 
Resources of the House of Representatives a report describing the law 
enforcement programs carried out using assistance provided under this 
section during the preceding fiscal year, including the success of the 
programs.
    (g) Technical Assistance.--On receipt of a request from a group 
composed of not less than 1 tribal government and 1 State or local 
government, the Attorney General shall provide technical assistance to 
the group to develop successful cooperative relationships that 
effectively combat crime in Indian country and nearby communities.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2009 through 2015.

   TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND TRIBAL 
                              GOVERNMENTS

SEC. 301. TRIBAL POLICE OFFICERS.

    (a) Flexibility in Training Law Enforcement Officers Serving Indian 
Country.--Section 3(e) of the Indian Law Enforcement Reform Act (25 
U.S.C. 2802(e)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(e)(1) The Secretary'' and 
                inserting the following:
    ``(e) Standards of Education and Experience and Classification of 
Positions.--
            ``(1) Standards of education and experience.--
                    ``(A) In general.--The Secretary''; and
                    (B) by adding at the end the following:
                    ``(B) Training.--The training standards established 
                under subparagraph (A) shall permit law enforcement 
                personnel of the Division of Law Enforcement Services 
                or an Indian tribe to obtain training at a State or 
                tribal police academy, a local or tribal community 
                college, or another training academy that meets the 
                National Peace Officer Standards of Training.''; and
            (2) in paragraph (3), by striking ``Agencies'' and 
        inserting ``agencies''.
    (b) Special Law Enforcement Commissions.--Section 5 of the Indian 
Law Enforcement Reform Act (25 U.S.C. 2804) is amended by striking the 
section heading and all that follows through subsection (e) and 
inserting the following:

``SEC. 5. SPECIAL LAW ENFORCEMENT COMMISSIONS.

    ``(a) Agreements.--
            ``(1) Encouraged implementation of agreements.--The 
        Secretary is authorized and encouraged to enter into agreements 
        for the use (with or without reimbursement) of personnel and 
        facilities of Federal, tribal, State, or other government 
        agencies to assist in the enforcement or administration in 
        Indian country of Federal law or the laws of an Indian tribe 
        that authorizes the Secretary to enforce tribal law.
            ``(2) Certain activities.--Pursuant to an agreement 
        described in paragraph (1), the Secretary shall authorize the 
        law enforcement officers of any applicable government agency to 
        carry out any activity authorized under section 4.
            ``(3) Requirement.--An agreement under paragraph (1) shall 
        be in accordance with any applicable agreement between the 
        Secretary and the Attorney General.
    ``(b) Program Enhancement.--
            ``(1) Training sessions in indian country.--
                    ``(A) In general.--The Secretary (or a designee) 
                and the Attorney General (or a designee) shall develop 
                a plan to enhance the certification and provision of 
                special law enforcement commissions to tribal law 
                enforcement officials, and, subject to subsection (d), 
                State and local law enforcement officials, pursuant to 
                this section.
                    ``(B) Inclusions.--The plan under subparagraph (A) 
                shall include the hosting of regional training sessions 
                in Indian country, not less frequently than biannually, 
                to educate and certify candidates for the special 
                commissions.
            ``(2) Memoranda of agreement.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the Tribal Law and Order Act 
                of 2008, the Secretary, in consultation with Indian 
                tribes and tribal law enforcement agencies, shall 
                develop minimum requirements to be included in special 
                law enforcement commission agreements pursuant to this 
                section.
                    ``(B) Agreement.--Not later than 60 days after the 
                date on which the Secretary determines that all 
                applicable requirements under subparagraph (A) are met, 
                the Secretary shall offer to enter into a special law 
                enforcement commission agreement with the applicable 
                Indian tribe.
    ``(c) Limitation on Use of Certain Personnel.--
            ``(1) Consultation.--The Secretary shall consult with each 
        affected Indian tribe before entering into any agreement under 
        subsection (a) with a non-Federal agency that will provide 
        personnel for use in any area under the jurisdiction of the 
        Indian tribes.
            ``(2) Prohibition.--The Secretary shall not use the 
        personnel of a non-Federal agency under this section in an area 
        of Indian country if the Indian tribe with jurisdiction over 
        that area has adopted a resolution objecting to the use of 
        personnel of the non-Federal agency.
    ``(d) Coordination by Federal Agencies.--Notwithstanding section 
1535 of title 31, United States Code, the head of a Federal agency with 
law enforcement personnel or facilities shall coordinate and, as 
needed, enter into agreements (with or without reimbursement) with the 
Secretary under subsection (a).
    ``(e) Encouragement of Other Federal Agency Heads.--Congress 
encourages the head of each Federal agency with law enforcement 
personnel or facilities to enter into agreements (with or without 
reimbursement) with an Indian tribe relating to--
            ``(1) the law enforcement authority of the Indian tribe;
            ``(2) the administration of Federal or tribal criminal law; 
        and
            ``(3) the conduct of investigations, the sharing of 
        information and training techniques, and the provisions of 
        other related technical assistance to prevent and prosecute 
        violations of Federal or tribal criminal law in Indian 
        country.''.

SEC. 302. DRUG ENFORCEMENT IN INDIAN COUNTRY.

    (a) Education and Research Programs.--Section 502 of the Controlled 
Substances Act (21 U.S.C. 872) is amended in subsections (a)(1) and 
(c), by inserting ``tribal,'' after ``State,'' each place it appears.
    (b) Public-Private Education Program.--Section 503 of the 
Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 872a) is 
amended--
            (1) in subsection (a), by inserting ``tribal,'' after 
        ``State,''; and
            (2) in subsection (b)(2), by inserting ``, tribal,'' after 
        ``State''.
    (c) Cooperative Arrangements.--Section 503 of the Controlled 
Substances Act (21 U.S.C. 873) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``tribal,'' after ``State,'' each 
                place it appears; and
                    (B) in paragraphs (6) and (7), by inserting ``, 
                tribal,'' after ``State'' each place it appears; and
            (2) in subsection (d)(1), by inserting ``, tribal,'' after 
        ``State''.
    (d) Powers of Enforcement Personnel.--Section 508(a) of the 
Controlled Substances Act (21 U.S.C. 878(a)) is amended in the matter 
preceding paragraph (1) by inserting ``, tribal,'' after ``State''.

SEC. 303. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.

    (a) Access to National Criminal Information Databases.--Section 534 
of title 28, United States Code, is amended--
            (1) in subsection (a)(4), by inserting ``Indian tribes,'' 
        after ``the States,'';
            (2) by striking subsection (d) and inserting the following:
    ``(d) Indian Law Enforcement Agencies.--The Attorney General shall 
permit tribal and Bureau of Indian Affairs law enforcement agencies--
            ``(1) to directly access and enter information into Federal 
        criminal information databases; and
            ``(2) to directly obtain information from the databases.''; 
        and
            (3) in subsection (f)(2), in the matter preceding 
        subparagraph (A), by inserting ``, tribal,'' after ``Federal''.
    (b) Requirement.--
            (1) In general.--The Attorney General shall ensure that 
        tribal law enforcement officials that meet applicable Federal 
        or State requirements have access to national crime information 
        databases.
            (2) Sanctions.--For purpose of sanctions for noncompliance 
        with requirements of, or misuse of, national crime information 
        databases and information obtained from those databases, a 
        tribal law enforcement agency or official shall be treated as 
        Federal law enforcement agency or official.

SEC. 304. TRIBAL COURT SENTENCING AUTHORITY.

    Section 202 of Public Law 90-284 (25 U.S.C. 1302) is amended--
            (1) in the matter preceding paragraph (1), by striking ``No 
        Indian tribe'' and inserting the following:
    ``(a) In General.--No Indian tribe'';
            (2) in paragraph (7) of subsection (a) (as designated by 
        paragraph (1)), by striking ``and a fine'' and inserting ``or a 
        fine''; and
            (3) by adding at the end the following:
    ``(b) Tribal Courts and Prisoners.--
            ``(1) In general.--Notwithstanding paragraph (7) of 
        subsection (a) and in addition to the limitations described in 
        the other paragraphs of that subsection, no Indian tribe, in 
        exercising any power of self-government involving a criminal 
        trial that subjects a defendant to more than 1 year 
        imprisonment for any single offense, may--
                    ``(A) deny any person in such a criminal proceeding 
                the assistance of defense counsel;
                    ``(B) require excessive bail, impose an excessive 
                fine, inflict a cruel or unusual punishment, or impose 
                for conviction of a single offense any penalty or 
                punishment greater than imprisonment for a term of 3 
                years or a fine of $15,000, or both; or
                    ``(C) deny any person in such a criminal proceeding 
                the due process of law.
            ``(2) Authority.--An Indian tribe exercising authority 
        pursuant to this subsection shall require that each judge 
        presiding over an applicable criminal case is licensed to 
        practice law in any jurisdiction in the United States.
            ``(3) Sentences.--A tribal court acting pursuant to 
        paragraph (1) may require a convicted offender--
                    ``(A) to serve the sentence--
                            ``(i) in a tribal correctional center that 
                        has been approved by the Bureau of Indian 
                        Affairs for long-term incarceration, in 
                        accordance with guidelines developed by the 
                        Bureau of Indian Affairs, in consultation with 
                        Indian tribes;
                            ``(ii) in the nearest appropriate Federal 
                        facility, at the expense of the United States 
                        pursuant to a memorandum of agreement with 
                        Bureau of Prisons in accordance with paragraph 
                        (4);
                            ``(iii) in a State or local government-
                        approved detention or correctional center 
                        pursuant to an agreement between the Indian 
                        tribe and the State or local government; or
                            ``(iv) subject to paragraph (1), in an 
                        alternative rehabilitation center of an Indian 
                        tribe; or
                    ``(B) to serve another alternative form of 
                punishment, as determined by the tribal court judge 
                pursuant to tribal law.
            ``(4) Memoranda of agreement.--A memorandum of agreement 
        between an Indian tribe and the Bureau of Prisons under 
        paragraph (2)(A)(ii)--
                    ``(A) shall acknowledge that the United States will 
                incur all costs involved, including the costs of 
                transfer, housing, medical care, rehabilitation, and 
                reentry of transferred prisoners;
                    ``(B) shall limit the transfer of prisoners to 
                prisoners convicted in tribal court of violent crimes, 
                crimes involving sexual abuse, and serious drug 
                offenses, as determined by the Bureau of Prisons, in 
                consultation with tribal governments, by regulation;
                    ``(C) shall not affect the jurisdiction, power of 
                self-government, or any other authority of an Indian 
                tribe over the territory or members of the Indian 
                tribe;
                    ``(D) shall contain such other requirements as the 
                Bureau of Prisons, in consultation with the Bureau of 
                Indian Affairs and tribal governments, may determine, 
                by regulation; and
                    ``(E) shall be executed and carried out not later 
                than 180 days after the date on which the applicable 
                Indian tribe first contacts the Bureau of Prisons to 
                accept a transfer of a tribal court offender pursuant 
                to this subsection.
    ``(c) Effect of Section.--Nothing in this section affects the 
obligation of the United States, or any State government that has been 
delegated authority by the United States, to investigate and prosecute 
any criminal violation in Indian country.''.

SEC. 305. INDIAN LAW AND ORDER COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the Indian Law and Order Commission (referred to in this section as 
the ``Commission'').
    (b) Membership.--
            (1) In general.--The Commission shall be composed of 9 
        members, of whom--
                    (A) 3 shall be appointed by the President, in 
                consultation with--
                            (i) the Attorney General; and
                            (ii) the Secretary of the Interior;
                    (B) 2 shall be appointed by the majority leader of 
                the Senate, in consultation with the Chairperson of the 
                Committee on Indian Affairs of the Senate;
                    (C) 1 shall be appointed by the minority leader of 
                the Senate, in consultation with the Vice Chairperson 
                of the Committee on Indian Affairs of the Senate;
                    (D) 2 shall be appointed by the Speaker of the 
                House of Representatives, in consultation with the 
                Chairperson of the Committee on Natural Resources of 
                the House of Representatives; and
                    (E) 1 shall be appointed by the minority leader of 
                the House of Representatives, in consultation with the 
                Ranking Member of the Committee on Natural Resources of 
                the House of Representatives.
            (2) Requirements for eligibility.--Each member of the 
        Commission shall have significant experience and expertise in--
                    (A) the Indian country criminal justice system; and
                    (B) matters to be studied by the Commission.
            (3) Consultation required.--The President, the Speaker and 
        minority leader of the House of Representatives, and the 
        majority leader and minority leader of the Senate shall consult 
        before the appointment of members of the Commission under 
        paragraph (1) to achieve, to the maximum extent practicable, 
        fair and equitable representation of various points of view 
        with respect to the matters to be studied by the Commission.
            (4) Term.--Each member shall be appointed for the life of 
        the Commission.
            (5) Time for initial appointments.--The appointment of the 
        members of the Commission shall be made not later than 60 days 
        after the date of enactment of this Act.
            (6) Vacancies.--A vacancy in the Commission shall be 
        filled--
                    (A) in the same manner in which the original 
                appointment was made; and
                    (B) not later than 60 days after the date on which 
                the vacancy occurred.
    (c) Operation.--
            (1) Chairperson.--Not later than 15 days after the date on 
        which all members of the Commission have been appointed, the 
        Commission shall select 1 member to serve as Chairperson of the 
        Commission.
            (2) Meetings.--
                    (A) In general.--The Commission shall meet at the 
                call of the Chairperson.
                    (B) Initial meeting.--The initial meeting shall 
                take place not later than 30 days after the date 
                described in paragraph (1).
            (3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (4) Rules.--The Commission may establish, by majority vote, 
        any rules for the conduct of Commission business, in accordance 
        with this Act and other applicable law.
    (d) Comprehensive Study of Criminal Justice System Relating to 
Indian Country.--The Commission shall conduct a comprehensive study of 
law enforcement and criminal justice in tribal communities, including--
            (1) jurisdiction over crimes committed in Indian country 
        and the impact of that jurisdiction on--
                    (A) the investigation and prosecution of Indian 
                country crimes; and
                    (B) residents of Indian land;
            (2) the tribal jail and Federal prisons systems and the 
        effect of those systems with respect to--
                    (A) reducing Indian country crime; and
                    (B) rehabilitation of offenders;
            (3) the impact of the Indian Civil Rights Act of 1968 (25 
        U.S.C. 1301 et seq.) on--
                    (A) the authority of Indian tribes; and
                    (B) the rights of defendants subject to tribal 
                government authority; and
            (4) a study of such other subjects as the Commission 
        determines relevant to achieve the purposes of the Tribal Law 
        and Order Act of 2008.
    (e) Recommendations.--Taking into consideration the results of the 
study under paragraph (1), the Commission shall develop recommendations 
on necessary modifications and improvements to justice systems at the 
tribal, Federal, and State levels, including consideration of--
            (1) simplifying jurisdiction in Indian country;
            (2) enhancing the penal authority of tribal courts and 
        exploring alternatives to incarceration;
            (3) the establishment of satellite United States magistrate 
        or district courts in Indian country;
            (4) changes to the tribal jails and Federal prison systems; 
        and
            (5) other issues that, as determined by the Commission, 
        would reduce violent crime in Indian country.
    (f) Report.--Not later than 2 years after the date of enactment of 
this Act, the Commission shall submit to the President and Congress a 
report that contains--
            (1) a detailed statement of the findings and conclusions of 
        the Commission; and
            (2) the recommendations of the Commission for such 
        legislative and administrative actions as the Commission 
        considers to be appropriate.
    (g) Powers.--
            (1) Hearings.--
                    (A) In general.--The Commission may hold such 
                hearings, meet and act at such times and places, take 
                such testimony, and receive such evidence as the 
                Commission considers to be advisable to carry out the 
                duties of the Commission under this section.
                    (B) Public requirement.--The hearings of the 
                Commission under this paragraph shall be open to the 
                public.
            (2) Witness expenses.--
                    (A) In general.--A witness requested to appear 
                before the Commission shall be paid the same fees as 
                are paid to witnesses under section 1821 of title 28, 
                United States Code.
                    (B) Per diem and mileage.--The per diem and mileage 
                allowance for a witness shall be paid from funds made 
                available to the Commission.
            (3) Information from federal, tribal, and state agencies.--
                    (A) In general.--The Commission may secure directly 
                from a Federal agency such information as the 
                Commission considers to be necessary to carry out this 
                section.
                    (B) Tribal and state agencies.--The Commission may 
                request the head of any tribal or State agency to 
                provide to the Commission such information as the 
                Commission considers to be necessary to carry out this 
                section.
            (4) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other agencies of the Federal Government.
            (5) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.
    (h) Commission Personnel Matters.--
            (1) Travel expenses.--A member of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Commission.
            (2) Detail of federal employees.--On the affirmative vote 
        of \2/3\ of the members of the Commission and the approval of 
        the appropriate Federal agency head, an employee of the Federal 
        Government may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status, benefits, or privileges.
            (3) Procurement of temporary and intermittent services.--On 
        request of the Commission, the Attorney General and Secretary 
        shall provide to the Commission reasonable and appropriate 
        office space, supplies, and administrative assistance.
    (i) Contracts for Research.--
            (1) Researchers and experts.--
                    (A) In general.--On an affirmative vote of \2/3\ of 
                the members of the Commission, the Commission may 
                select nongovernmental researchers and experts to 
                assist the Commission in carrying out the duties of the 
                Commission under this section.
                    (B) National institute of justice.--The National 
                Institute of Justice may enter into a contract with the 
                researchers and experts selected by the Commission 
                under subparagraph (A) to provide funding in exchange 
                for the services of the researchers and experts.
            (2) Other organizations.--Nothing in this subsection limits 
        the ability of the Commission to enter into contracts with any 
        other entity or organization to carry out research necessary to 
        carry out the duties of the Commission under this section.
    (j) Tribal Advisory Committee.--
            (1) Establishment.--The Commission shall establish a 
        committee, to be known as the ``Tribal Advisory Committee''.
            (2) Membership.--
                    (A) Composition.--The Tribal Advisory Committee 
                shall consist of 2 representatives of Indian tribes 
                from each region of the Bureau of Indian Affairs.
                    (B) Qualifications.--Each member of the Tribal 
                Advisory Committee shall have experience relating to--
                            (i) justice systems;
                            (ii) crime prevention; or
                            (iii) victim services.
            (3) Duties.--The Tribal Advisory Committee shall--
                    (A) serve as an advisory body to the Commission; 
                and
                    (B) provide to the Commission advice and 
                recommendations, submit materials, documents, 
                testimony, and such other information as the Commission 
                determines to be necessary to carry out the duties of 
                the Commission under this section.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section, to 
remain available until expended.
    (l) Termination of Commission.--The Commission shall terminate 90 
days after the date on which the Commission submits the report of the 
Commission under subsection (c)(3).
    (m) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Commission.

                    TITLE IV--TRIBAL JUSTICE SYSTEMS

SEC. 401. INDIAN ALCOHOL AND SUBSTANCE ABUSE.

    (a) Correction of References.--
            (1) Inter-departmental memorandum of agreement.--Section 
        4205 of the Indian Alcohol and Substance Abuse Prevention and 
        Treatment Act of 1986 (25 U.S.C. 2411) is amended--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1)--
                                    (I) by striking ``the date of 
                                enactment of this subtitle'' and 
                                inserting ``the date of enactment of 
                                the Tribal Law and Order Act of 2008''; 
                                and
                                    (II) by inserting ``, the Attorney 
                                General,'' after ``Secretary of the 
                                Interior'';
                            (ii) in paragraph (2)(A), by inserting ``, 
                        Bureau of Justice Assistance, Substance Abuse 
                        and Mental Health Services Administration,'' 
                        after ``Bureau of Indian Affairs,'';
                            (iii) in paragraph (4), by inserting ``, 
                        Department of Justice, Substance Abuse and 
                        Mental Health Services Administration,'' after 
                        ``Bureau of Indian Affairs'';
                            (iv) in paragraph (5), by inserting ``, 
                        Department of Justice, Substance Abuse and 
                        Mental Health Services Administration,'' after 
                        ``Bureau of Indian Affairs''; and
                            (v) in paragraph (7), by inserting ``, the 
                        Attorney General,'' after ``Secretary of the 
                        Interior'';
                    (B) in subsection (c), by inserting ``, the 
                Attorney General,'' after ``Secretary of the 
                Interior''; and
                    (C) in subsection (d), by striking ``the date of 
                enactment of this subtitle'' and inserting ``the date 
                of enactment of the Tribal Law and Order Act of 2008''.
            (2) Tribal action plans.--Section 4206 of the Indian 
        Alcohol and Substance Abuse Prevention and Treatment Act of 
        1986 (25 U.S.C. 2412) is amended--
                    (A) in subsection (b), in the first sentence, by 
                inserting ``, the Bureau of Justice Assistance, the 
                Substance Abuse and Mental Health Services 
                Administration,'' before ``and the Indian Health 
                Service service unit'';
                    (B) in subsection (c)(1)(A)(i), by inserting ``, 
                the Bureau of Justice Assistance, the Substance Abuse 
                and Mental Health Services Administration,'' before 
                ``and the Indian Health Service service unit'';
                    (C) in subsection (d)(2), by striking ``fiscal year 
                1993 and such sums as are necessary for each of the 
                fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 
                2000'' and inserting ``the period of fiscal years 2009 
                through 2013'';
                    (D) in subsection (e), in the first sentence, by 
                inserting ``, the Attorney General,'' after ``the 
                Secretary of the Interior''; and
                    (E) in subsection (f)(3), by striking ``fiscal year 
                1993 and such sums as are necessary for each of the 
                fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 
                2000'' and inserting ``the period of fiscal years 2009 
                through 2013''.
            (3) Departmental responsibility.--Section 4207 of the 
        Indian Alcohol and Substance Abuse Prevention and Treatment Act 
        of 1986 (25 U.S.C. 2413) is amended--
                    (A) in subsection (a), by inserting ``, the 
                Attorney General'' after ``Bureau of Indian Affairs'';
                    (B) in subsection (b)--
                            (i) by striking paragraph (1) and inserting 
                        the following:
            ``(1) Establishment.--
                    ``(A) In general.--To improve coordination among 
                the Federal agencies and departments carrying out this 
                subtitle, there is established within the Substance 
                Abuse and Mental Health Services Administration an 
                office, to be known as the `Office of Indian Alcohol 
                and Substance Abuse' (referred to in this section as 
                the `Office').
                    ``(B) Director.--The director of the Office shall 
                be appointed by the Director of the Substance Abuse and 
                Mental Health Services Administration--
                            ``(i) on a permanent basis; and
                            ``(ii) at a grade of not less than GS-15 of 
                        the General Schedule.'';
                            (ii) in paragraph (2)--
                                    (I) by striking ``(2) In addition'' 
                                and inserting the following:
            ``(2) Responsibilities of office.--In addition'';
                                    (II) by striking subparagraph (A) 
                                and inserting the following:
                    ``(A) coordinating with other agencies to monitor 
                the performance and compliance of the relevant Federal 
                programs in achieving the goals and purposes of this 
                subtitle and the Memorandum of Agreement entered into 
                under section 4205;'';
                                    (III) in subparagraph (B)--
                                            (aa) by striking ``within 
                                        the Bureau of Indian Affairs''; 
                                        and
                                            (bb) by striking the period 
                                        at the end and inserting ``; 
                                        and''; and
                                    (IV) by adding at the end the 
                                following:
                    ``(C) not later than 1 year after the date of 
                enactment of the Tribal Law and Order Act of 2008, 
                developing, in coordination and consultation with 
                tribal governments, a framework for interagency and 
                tribal coordination that--
                            ``(i) establish the goals and other desired 
                        outcomes of this Act;
                            ``(ii) prioritizes outcomes that are 
                        aligned with the purposes of affected agencies;
                            ``(iii) provides guidelines for resource 
                        and information sharing;
                            ``(iv) provides technical assistance to the 
                        affected agencies to establish effective and 
                        permanent interagency communication and 
                        coordination; and
                            ``(v) determines whether collaboration is 
                        feasible, cost-effective, and within agency 
                        capability.''; and
                            (iii) by striking paragraph (3) and 
                        inserting the following:
            ``(3) Appointment of employees.--The Director of the 
        Substance Abuse and Mental Health Services Administration shall 
        appoint such employees to work in the Office, and shall provide 
        such funding, services, and equipment, as may be necessary to 
        enable the Office to carry out the responsibilities under this 
        subsection.''; and
                    (C) in subsection (c)--
                            (i) by striking ``of Alcohol and Substance 
                        Abuse'' each place it appears;
                            (ii) in paragraph (1), in the second 
                        sentence, by striking ``The Assistant Secretary 
                        of the Interior for Indian Affairs'' and 
                        inserting ``The Director of the Substance Abuse 
                        and Mental Health Services Administration''; 
                        and
                            (iii) in paragraph (3)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking ``Youth'' 
                                and inserting ``youth''; and
                                    (II) by striking ``programs of the 
                                Bureau of Indian Affairs'' and 
                                inserting ``the applicable Federal 
                                programs''.
            (4) Review of programs.--Section 4208a(a) of the Indian 
        Alcohol and Substance Abuse Prevention and Treatment Act of 
        1986 (25 U.S.C. 2414a(a)) is amended in the matter preceding 
        paragraph (1) by inserting ``, the Attorney General,'' after 
        ``the Secretary of the Interior''.
            (5) Federal facilities, property, and equipment.--Section 
        4209 of the Indian Alcohol and Substance Abuse Prevention and 
        Treatment Act of 1986 (25 U.S.C. 2415) is amended--
                    (A) in subsection (a), by inserting ``, the 
                Attorney General,'' after ``the Secretary of the 
                Interior'';
                    (B) in subsection (b)--
                            (i) in the first sentence, by inserting ``, 
                        the Attorney General,'' after ``the Secretary 
                        of the Interior'';
                            (ii) in the second sentence, by inserting 
                        ``, nor the Attorney General,'' after ``the 
                        Secretary of the Interior''; and
                            (iii) in the third sentence, by inserting 
                        ``, the Department of Justice,'' after ``the 
                        Department of the Interior''; and
                    (C) in subsection (c)(1), by inserting ``, the 
                Attorney General,'' after ``the Secretary of the 
                Interior''.
            (6) Newsletter.--Section 4210 of the Indian Alcohol and 
        Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
        2416) is amended--
                    (A) in subsection (a), in the first sentence, by 
                inserting ``, the Attorney General,'' after ``the 
                Secretary of the Interior''; and
                    (B) in subsection (b), by striking ``fiscal year 
                1993 and such sums as may be necessary for each of the 
                fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 
                2000'' and inserting ``the period of fiscal years 2009 
                through 2013''.
            (7) Review.--Section 4211(a) of the Indian Alcohol and 
        Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
        2431(a)) is amended in the matter preceding paragraph (1) by 
        inserting ``, the Attorney General,'' after ``the Secretary of 
        the Interior''.
    (b) Indian Education Programs.--Section 4212 of the Indian Alcohol 
and Substance Abuse Prevention Act of 1986 (25 U.S.C. 2432) is amended 
by striking subsection (a) and inserting the following:
    ``(a) Pilot Programs.--
            ``(1) In general.--The Assistant Secretary for Indian 
        Affairs shall develop and implement pilot programs in selected 
        schools funded by the Bureau of Indian Affairs (subject to the 
        approval of the local school board or contract school board) to 
        determine the effectiveness of summer youth programs in 
        advancing the purposes and goals of this Act.
            ``(2) Costs.--The Assistant Secretary shall defray all 
        costs associated with the actual operation and support of the 
        pilot program in a school from funds appropriated to carry out 
        this subsection.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out the pilot programs 
        under this subsection such sums as are necessary for each of 
        fiscal years 2009 through 2013.''.
    (c) Emergency Shelters.--Section 4213(e) of the Indian Alcohol and 
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
2433(e)) is amended--
            (1) in paragraph (1), by striking ``as may be necessary'' 
        and all that follows through the end of the paragraph and 
        inserting ``as are necessary for each of fiscal years 2009 
        through 2013.'';
            (2) in paragraph (2), by striking ``$7,000,000'' and all 
        that follows through the end of the paragraph and inserting 
        ``$10,000,000 for each of fiscal years 2009 through 2013.''; 
        and
            (3) by indenting paragraphs (4) and (5) appropriately.
    (d) Review of Programs.--Section 4215(a) of the Indian Alcohol and 
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
2441(a)) is amended by inserting ``, the Attorney General,'' after 
``the Secretary of the Interior''.
    (e) Illegal Narcotics Trafficking; Source Eradication.--Section 
4216 of the Indian Alcohol and Substance Abuse Prevention and Treatment 
Act of 1986 (25 U.S.C. 2442) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking the 
                        comma at the end and inserting a semicolon;
                            (ii) in subparagraph (B), by striking ``, 
                        and'' at the end and inserting a semicolon;
                            (iii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(D) the Blackfeet Nation of Montana for the 
                investigation and control of illegal narcotics traffic 
                on the Blackfeet Indian Reservation along the border 
                with Canada.'';
                    (B) in paragraph (2), by striking ``United States 
                Custom Service'' and inserting ``United States Customs 
                and Border Protection''; and
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection such 
        sums as are necessary for each of fiscal years 2009 through 
        2013.''; and
            (2) in subsection (b)(2), by striking ``as may be 
        necessary'' and all that follows through the end of the 
        paragraph and inserting ``as are necessary for each of fiscal 
        years 2009 through 2013.''.
    (f) Law Enforcement and Judicial Training.--Section 4218 of the 
Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 
(25 U.S.C. 2451) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Training Programs.--
            ``(1) In general.--The Secretary of the Interior, in 
        coordination with the Attorney General, the Administrator of 
        the Drug Enforcement Administration, and the Director of the 
        Federal Bureau of Investigation, shall ensure, through the 
        establishment of a new training program or by supplementing 
        existing training programs, that all Bureau of Indian Affairs 
        and tribal law enforcement and judicial personnel have access 
        to training regarding--
                    ``(A) the investigation and prosecution of offenses 
                relating to illegal narcotics; and
                    ``(B) alcohol and substance abuse prevention and 
                treatment.
            ``(2) Youth-related training.--Any training provided to 
        Bureau of Indian Affairs or tribal law enforcement or judicial 
        personnel under paragraph (1) shall include training in issues 
        relating to youth alcohol and substance abuse prevention and 
        treatment.''; and
            (2) in subsection (b), by striking ``as may be necessary'' 
        and all that follows through the end of the subsection and 
        inserting ``as are necessary for each of fiscal years 2009 
        through 2013.''.
    (g) Juvenile Detention Centers.--Section 4220(b) of the Indian 
Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 
U.S.C. 2453(b)) is amended--
            (1) by striking ``such sums as may be necessary for each of 
        the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000'' 
        each place it appears and inserting ``such sums as are 
        necessary for each of fiscal years 2009 through 2013''; and
            (2) by indenting paragraph (2) appropriately.

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

    (a) Indian Tribal Justice.--Section 201 of the Indian Tribal 
Justice Act (25 U.S.C. 3621) is amended--
            (1) in subsection (a)--
                    (A) by striking ``the provisions of sections 101 
                and 102 of this Act'' and inserting ``sections 101 and 
                102''; and
                    (B) by striking ``the fiscal years 2000 through 
                2007'' and inserting ``fiscal years 2009 through 
                2013'';
            (2) in subsection (b)--
                    (A) by striking ``the provisions of section 103 of 
                this Act'' and inserting ``section 103''; and
                    (B) by striking ``the fiscal years 2000 through 
                2007'' and inserting ``fiscal years 2009 through 
                2013'';
            (3) in subsection (c), by striking ``the fiscal years 2000 
        through 2007'' and inserting ``fiscal years 2009 through 
        2013''; and
            (4) in subsection (d), by striking ``the fiscal years 2000 
        through 2007'' and inserting ``fiscal years 2009 through 
        2013''.
    (b) Technical and Legal Assistance.--The Indian Tribal Justice 
Technical and Legal Assistance Act of 2000 is amended--
            (1) in section 106 (25 U.S.C. 3666), by striking ``2000 
        through 2004'' and inserting ``2009 through 2013''; and
            (2) in section 201(d) (25 U.S.C. 3681(d)), by striking 
        ``2000 through 2004'' and inserting ``2009 through 2013''.

SEC. 403. TRIBAL RESOURCES GRANT PROGRAM.

    Section 1701 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796dd) is amended--
            (1) in subsection (b)--
                    (A) in each of paragraphs (1) through (4) and (6) 
                through (17), by inserting ``to'' after the paragraph 
                designation;
                    (B) in paragraph (1), by striking ``State and'' and 
                inserting ``State, tribal, or'';
                    (C) in paragraphs (9) and (10), by inserting ``, 
                tribal,'' after ``State'' each place it appears;
                    (D) in paragraph (15)--
                            (i) by striking ``a State in'' and 
                        inserting ``a State or Indian tribe in'';
                            (ii) by striking ``the State which'' and 
                        inserting ``the State or tribal community 
                        that''; and
                            (iii) by striking ``a State or'' and 
                        inserting ``a State, tribal, or'';
                    (E) in paragraph (16), by striking ``and'' at the 
                end;
                    (F) in paragraph (17), by striking the period at 
                the end and inserting ``; and'';
                    (G) by redesignating paragraphs (6) through (17) as 
                paragraphs (5) through (16), respectively; and
                    (H) by adding at the end the following:
            ``(17) to permit tribal governments receiving direct law 
        enforcement services from the Bureau of Indian Affairs to 
        access the program under this section on behalf of the Bureau 
        for use in accordance with paragraphs (1) through (16).''.
            (2) in subsection (g)--
                    (A) by striking ``The portion'' and inserting the 
                following:
            ``(1) In general.--The portion'';
                    (B) in the second sentence, by striking ``In 
                relation'' and inserting the following:
            ``(2) Certain grants.--In relation''; and
                    (C) by adding at the end the following:
            ``(3) Waiver.--In acknowledgment of the Federal nexus and 
        distinct Federal responsibility to address and prevent crime in 
        Indian country, for purposes of providing grants to Indian 
        tribes under this subsection, the Attorney General shall waive 
        the matching funds requirement of this subsection if the 
        Attorney General determines that there is a demonstrated 
        financial hardship.
            ``(4) Use of certain funds.--In addition to providing a 
        waiver under paragraph (3), the Attorney General shall allow 
        the use of funds appropriated for any agency of an Indian 
        tribal government or the Bureau of Indian Affairs to carry out 
        law enforcement activities on Indian land to provide the non-
        Federal share of the cost of a program or project under this 
        section.'';
            (3) in subsection (i), by striking ``The authority'' and 
        inserting ``Except as provided in subsection (j), the 
        authority''; and
            (4) by adding at the end the following:
    ``(j) Extension of Program for Indian Tribes.--
            ``(1) In general.--Notwithstanding subsection (i) and 
        section 1703, and in acknowledgment of the Federal nexus and 
        distinct Federal responsibility to address and prevent crime in 
        Indian country, the Attorney General may provide grants under 
        this section to Indian tribal governments, for fiscal year 2009 
        and any fiscal year thereafter, for such period as the Attorney 
        General determines to be appropriate to assist the Indian 
        tribal governments in carrying out the purposes described in 
        subsection (b).
            ``(2) Priority of funding.--In providing grants to Indian 
        tribal governments under this subsection, the Attorney General 
        shall take into consideration reservation crime rates and 
        tribal law enforcement staffing needs of each Indian tribal 
        government.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection for each of fiscal years 2009 through 
        2013.
    ``(k) Report.--Not later than 180 days after the date of enactment 
of this subsection, the Attorney General shall submit to Congress a 
report describing the extent and effectiveness of the Community 
Oriented Policing (COPS) initiative as applied in Indian country, 
including particular references to--
            ``(1) the problem of intermittent funding;
            ``(2) the integration of COPS personnel with existing law 
        enforcement authorities; and
            ``(3) an explanation of how the practice of community 
        policing and the broken windows theory can most effectively be 
        applied in remote tribal locations.''.

SEC. 404. TRIBAL JAILS PROGRAM.

    (a) In General.--Section 20109 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13709) is amended by striking 
subsection (a) and inserting the following:
    ``(a) Reservation of Funds.--Notwithstanding any other provision of 
this part, of amounts made available to the Attorney General to carry 
out programs relating to offender incarceration, the Attorney General 
shall reserve $35,000,000 for each of fiscal years 2009 through 2013 to 
carry out this section.''.
    (b) Regional Detention Centers.--
            (1) In general.--Section 20109 of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by 
        striking subsection (b) and inserting the following:
    ``(b) Grants to Indian Tribes.--
            ``(1) In general.--From the amounts reserved under 
        subsection (a), the Attorney General shall provide grants--
                    ``(A) to Indian tribes for purposes of--
                            ``(i) construction and maintenance of jails 
                        on Indian land for the incarceration of 
                        offenders subject to tribal jurisdiction;
                            ``(ii) entering into contracts with private 
                        entities to increase the efficiency of the 
                        construction of tribal jails; and
                            ``(iii) developing and implementing 
                        alternatives to incarceration in tribal jails; 
                        and
                    ``(B) to consortia of Indian tribes for purposes of 
                constructing and operating regional detention centers 
                on Indian land for long-term incarceration of offenders 
                subject to tribal jurisdiction, as the applicable 
                consortium determines to be appropriate.
            ``(2) Priority of funding.--In providing grants under this 
        subsection, the Attorney General shall take into consideration 
        applicable--
                    ``(A) reservation crime rates;
                    ``(B) annual tribal court convictions; and
                    ``(C) bed space needs.''.
            (2) Conforming amendment.--Section 20109(c) of the Violent 
        Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
        13709(c)) is amended by inserting ``or consortium of Indian 
        tribes, as applicable,'' after ``Indian tribe''.
            (3) Long-term plan.--Section 20109 of the Violent Crime 
        Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is 
        amended by adding at the end the following:
    ``(d) Long-Term Plan.--Not later than 1 year after the date of 
enactment of this subsection, the Attorney General, in coordination 
with the Bureau of Indian Affairs and in consultation with tribal 
leaders, tribal law enforcement officers, and tribal corrections 
officials, shall submit to Congress a long-term plan to address 
incarceration in Indian country, including a description of--
            ``(1) proposed activities for construction of detention 
        facilities (including regional facilities) on Indian land;
            ``(2) proposed activities for construction of additional 
        Federal detention facilities on Indian land;
            ``(3) proposed activities for contracting with State and 
        local detention centers, with tribal government approval;
            ``(4) proposed alternatives to incarceration, developed in 
        cooperation with tribal court systems; and
            ``(5) such other alternatives as the Attorney General, in 
        coordination with the Bureau of Indian Affairs and in 
        consultation with Indian tribes, determines to be necessary.''.

SEC. 405. TRIBAL PROBATION OFFICE LIAISON PROGRAM.

    Title II of the Indian Tribal Justice Technical and Legal 
Assistance Act of 2000 (25 U.S.C. 3681 et seq.) is amended by adding at 
the end the following:

``SEC. 203. ASSISTANT PAROLE AND PROBATION OFFICERS.

    ``To the maximum extent practicable, the Director of the 
Administrative Office of the United States Courts shall appoint 
individuals residing in Indian country to serve as assistant parole or 
probation officers for purposes of monitoring and providing service to 
Federal prisoners residing in Indian country.''.

SEC. 406. TRIBAL YOUTH PROGRAM.

    (a) Incentive Grants for Local Delinquency Prevention Programs.--
            (1) In general.--Section 504 of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (42 U.S.C. 5783) is 
        amended--
                    (A) in subsection (a), by inserting ``, or to 
                Indian tribes under subsection (d)'' after ``subsection 
                (b)''; and
                    (B) by adding at the end the following:
    ``(d) Grants for Tribal Delinquency Prevention Programs.--
            ``(1) In general.--The Administrator shall make grants 
        under this section, on a competitive basis, to eligible Indian 
        tribes or consortia of Indian tribes, as described in paragraph 
        (2)--
                    ``(A) to support and enhance tribal juvenile 
                justice systems; and
                    ``(B) to encourage accountability of Indian tribal 
                governments with respect to juvenile delinquency 
                responses and prevention.
            ``(2) Eligible indian tribes.--To be eligible to receive a 
        grant under this subsection, an Indian tribe or consortium of 
        Indian tribes shall submit to the Administrator an application 
        in such form and containing such information as the 
        Administrator may require.
            ``(3) Priority of funding.--In providing grants under this 
        subsection, the Administrator shall take into consideration, 
        with respect to the reservation communities to be served--
                    ``(A) juvenile crime rates;
                    ``(B) dropout rates; and
                    ``(C) percentages of at-risk youth.''.
            (2) Authorization of appropriations.--Section 505 of the 
        Juvenile Justice and Delinquency Prevention Act of 1974 (42 
        U.S.C. 5784) is amended by striking ``fiscal years 2004, 2005, 
        2006, 2007, and 2008'' and inserting ``each of fiscal years 
        2009 through 2013''.
    (b) Coordinating Council on Juvenile Justice and Delinquency 
Prevention.--Section 206(a)(2) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5616(a)(2)) is amended--
            (1) in subparagraph (A), by striking ``Nine'' and inserting 
        ``Ten''; and
            (2) in subparagraph (B), by adding at the end the 
        following:
                            ``(iv) One member shall be appointed by the 
                        Chairman of the Committee on Indian Affairs of 
                        the Senate, in consultation with the Vice 
                        Chairman of that Committee.''.

                   TITLE V--INDIAN COUNTRY CRIME DATA

SEC. 501. TRACKING OF CRIMES COMMITTED IN INDIAN COUNTRY.

    (a) Gang Violence.--Section 1107 of the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 (28 U.S.C. 534 note; 
Public Law 109-162) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (8) through (12) as 
                paragraphs (9) through (13), respectively;
                    (B) by inserting after paragraph (7) the following:
            ``(8) the Office of Justice Services of the Bureau of 
        Indian Affairs;'';
                    (C) in paragraph (9) (as redesignated by 
                subparagraph (A)), by striking ``State'' and inserting 
                ``tribal, State,''; and
                    (D) in paragraphs (10) through (12) (as 
                redesignated by subparagraph (A)), by inserting 
                ``tribal,'' before ``State,'' each place it appears; 
                and
            (2) in subsection (b), by inserting ``tribal,'' before 
        ``State,'' each place it appears.
    (b) Bureau of Justice Statistics.--Section 302 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by inserting ``, Indian 
                tribes,'' after ``contracts with'';
                    (B) in each of paragraphs (3) through (6), by 
                inserting ``tribal,'' after ``State,'' each place it 
                appears;
                    (C) in paragraph (7), by inserting ``and in Indian 
                country'' after ``States'';
                    (D) in paragraph (9), by striking ``Federal and 
                State Governments'' and inserting ``Federal Government 
                and State and tribal governments'';
                    (E) in each of paragraphs (10) and (11), by 
                inserting ``, tribal,'' after ``State'' each place it 
                appears;
                    (F) in paragraph (13), by inserting ``, Indian 
                tribes,'' after ``States'';
                    (G) in paragraph (17)--
                            (i) by striking ``State and local'' and 
                        inserting ``State, tribal, and local''; and
                            (ii) by striking ``State, and local'' and 
                        inserting ``State, tribal, and local'';
                    (H) in paragraph (18), by striking ``State and 
                local'' and inserting ``State, tribal, and local'';
                    (I) in paragraph (19), by inserting ``and tribal'' 
                after ``State'' each place it appears;
                    (J) in paragraph (20), by inserting ``, tribal,'' 
                after ``State''; and
                    (K) in paragraph (22), by inserting ``, tribal,'' 
                after ``Federal'';
            (2) in subsection (d)--
                    (A) by redesignating paragraphs (1) through (6) as 
                subparagraphs (A) through (F), respectively, and 
                indenting the subparagraphs appropriately;
                    (B) by striking ``To insure'' and inserting the 
                following:
            ``(1) In general.--To ensure''; and
                    (C) by adding at the end the following:
            ``(2) Consultation with indian tribes.--The Director, 
        acting jointly with the Assistant Secretary for Indian Affairs 
        (acting through the Director of the Office of Law Enforcement 
        Services) and the Director of the Federal Bureau of 
        Investigation, shall work with Indian tribes and tribal law 
        enforcement agencies to establish and implement such tribal 
        data collection systems as the Director determines to be 
        necessary to achieve the purposes of this section.'';
            (3) in subsection (e), by striking ``subsection (d)(3)'' 
        and inserting ``subsection (d)(1)(C)'';
            (4) in subsection (f)--
                    (A) in the subsection heading, by inserting ``, 
                Tribal,'' after ``State''; and
                    (B) by inserting ``, tribal,'' after ``State''; and
            (5) by adding at the end the following:
    ``(g) Report to Congress on Crimes in Indian Country.--Not later 
than 1 year after the date of enactment of this subsection, and 
annually thereafter, the Director shall submit to Congress a report 
describing the data collected and analyzed under this section relating 
to crimes in Indian country.''.

SEC. 502. GRANTS TO IMPROVE TRIBAL DATA COLLECTION SYSTEMS.

    Section 3 of the Indian Law Enforcement Reform Act (25 U.S.C. 2802) 
is amended by adding at the end the following:
    ``(f) Grants To Improve Tribal Data Collection Systems.--
            ``(1) Grant program.--The Secretary, acting through the 
        Director of the Office of Justice Services of the Bureau and in 
        coordination with the Attorney General, shall establish a 
        program under which the Secretary shall provide grants to 
        Indian tribes for activities to ensure uniformity in the 
        collection and analysis of data relating to crime in Indian 
        country.
            ``(2) Regulations.--The Secretary, acting through the 
        Director of the Office of Justice Services of the Bureau, in 
        consultation with tribal governments and tribal justice 
        officials, shall promulgate such regulations as are necessary 
        to carry out the grant program under this subsection.''.

SEC. 503. CRIMINAL HISTORY RECORD IMPROVEMENT PROGRAM.

    Section 1301(a) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796h(a)) is amended by inserting ``, tribal,'' 
after ``State''.

    TITLE VI--DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROSECUTION AND 
                               PREVENTION

SEC. 601. PRISONER RELEASE AND REENTRY.

    Section 4042 of title 18, United States Code, is amended--
            (1) in subsection (a)(4), by inserting ``, tribal,'' after 
        ``State'';
            (2) in subsection (b)(1), in the first sentence, by 
        striking ``officer of the State and of the local jurisdiction'' 
        and inserting ``officers of each State, tribal, and local 
        jurisdiction''; and
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``officer of the State and of the local 
                        jurisdiction'' and inserting ``officers of each 
                        State, tribal, and local jurisdiction''; and
                            (ii) in subparagraph (B), by inserting ``, 
                        tribal,'' after ``State'' each place it 
                        appears; and
                    (B) in paragraph (2)--
                            (i) by striking ``(2) Notice'' and 
                        inserting the following:
            ``(2) Requirements.--
                    ``(A) In general.--A notice'';
                            (ii) in the second sentence, by striking 
                        ``For a person who is released'' and inserting 
                        the following:
                    ``(B) Released persons.--For a person who is 
                released'';
                            (iii) in the third sentence, by striking 
                        ``For a person who is sentenced'' and inserting 
                        the following:
                    ``(C) Persons on probation.--For a person who is 
                sentenced'';
                            (iv) in the fourth sentence, by striking 
                        ``Notice concerning'' and inserting the 
                        following:
                    ``(D) Released persons required to register.--
                            ``(i) In general.--A notice concerning''; 
                        and
                            (v) in subparagraph (D) (as designated by 
                        clause (iv)), by adding at the end the 
                        following:
                            ``(ii) Persons residing in indian 
                        country.--For a person described in paragraph 
                        (3) the expected place of residence of whom is 
                        potentially located in Indian country, the 
                        Director of the Bureau of Prisons or the 
                        Director of the Administrative Office of the 
                        United States Courts, as appropriate, shall--
                                    ``(I) make all reasonable and 
                                necessary efforts to determine whether 
                                the residence of the person is located 
                                in Indian country; and
                                    ``(II) ensure that the person is 
                                registered with the law enforcement 
                                office of each appropriate jurisdiction 
                                before release from Federal custody.''.

SEC. 602. DOMESTIC AND SEXUAL VIOLENT OFFENSE TRAINING.

    Section 3(c)(9) of the Indian Law Enforcement Reform Act (25 U.S.C. 
2802(c)(9)) (as amended by section 101(a)(2)) is amended by inserting 
before the semicolon at the end the following: ``, including training 
to properly interview victims of domestic and sexual violence and to 
collect, preserve, and present evidence to Federal and tribal 
prosecutors to increase the conviction rate for domestic and sexual 
violence offenses for purposes of addressing and preventing domestic 
and sexual violent offenses''.

SEC. 603. TESTIMONY BY FEDERAL EMPLOYEES IN CASES OF RAPE AND SEXUAL 
              ASSAULT.

    The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) is 
amended by adding at the end the following:

``SEC. 11. TESTIMONY BY FEDERAL EMPLOYEES IN CASES OF RAPE AND SEXUAL 
              ASSAULT.

    ``(a) Approval of Employee Testimony.--The Director of the Office 
of Justice Services or the Director of the Indian Health Service, as 
appropriate (referred to in this section as the `Director concerned'), 
shall approve or disapprove, in writing, any request or subpoena for a 
law enforcement officer, sexual assault nurse examiner, or other 
employee under the supervision of the Director concerned to provide 
testimony in a deposition, trial, or other similar proceeding regarding 
information obtained in carrying out the official duties of the 
employee.
    ``(b) Requirement.--The Director concerned shall approve a request 
or subpoena under subsection (a) if the request or subpoena does not 
violate the policy of the Department of the Interior to maintain strict 
impartiality with respect to private causes of action.
    ``(c) Treatment.--If the Director concerned fails to approve or 
disapprove a request or subpoena by the date that is 30 days after the 
date of receipt of the request or subpoena, the request or subpoena 
shall be considered to be approved for purposes of this section.''.

SEC. 604. COORDINATION OF FEDERAL AGENCIES.

    The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as 
amended by section 603) is amended by adding at the end the following:

``SEC. 12. COORDINATION OF FEDERAL AGENCIES.

    ``(a) In General.--The Secretary, in coordination with the Attorney 
General, Federal and tribal law enforcement agencies, the Indian Health 
Service, and domestic violence or sexual assault victim organizations, 
shall develop appropriate victim services and victim advocate training 
programs--
            ``(1) to improve domestic violence or sexual abuse 
        responses;
            ``(2) to improve forensic examinations and collection;
            ``(3) to identify problems or obstacles in the prosecution 
        of domestic violence or sexual abuse; and
            ``(4) to meet other needs or carry out other activities 
        required to prevent, treat, and improve prosecutions of 
        domestic violence and sexual abuse.
    ``(b) Report.--Not later than 2 years after the date of enactment 
of this section, the Secretary shall submit to the Committee on Indian 
Affairs of the Senate and the Committee on Natural Resources of the 
House of Representatives a report that describes, with respect to the 
matters described in subsection (a), the improvements made and needed, 
problems or obstacles identified, and costs necessary to address the 
problems or obstacles, and any other recommendations that the Secretary 
determines to be appropriate.''.

SEC. 605. SEXUAL ASSAULT PROTOCOL.

    Title VIII of the Indian Health Care Improvement Act is amended by 
inserting after section 802 (25 U.S.C. 1672) the following:

``SEC. 803. POLICIES AND PROTOCOL.

    ``The Director of Service, in coordination with the Director of the 
Office on Violence Against Women of the Department of Justice, in 
consultation with Indian Tribes and Tribal Organizations, and in 
conference with Urban Indian Organizations, shall develop standardized 
sexual assault policies and protocol for the facilities of the Service, 
based on similar protocol that has been established by the Department 
of Justice.''.
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