I 
110TH CONGRESS 
2D SESSION 
H. R. 6583 
To amend the Indian Law Enforcement Reform Act, the Indian Tribal Justice 
Act, the Indian Tribal Justice Technical and Legal Assistance Act of 
2000, and the Omnibus Crime Control and Safe Streets Act of 1968 
to improve the prosecution of, and response to, crimes in Indian country, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 23, 2008 
Ms. HERSETH SANDLIN (for herself, Mr. KILDEE, Mr. COLE of Oklahoma, 
Mr. GRIJALVA, and Mr. UDALL of New Mexico) introduced the following 
bill; which was referred to the Committee on the Judiciary, and in addi-
tion to the Committees on Natural Resources, Energy and Commerce, 
and Education and Labor, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To amend the Indian Law Enforcement Reform Act, the 
Indian Tribal Justice Act, the Indian Tribal Justice 
Technical and Legal Assistance Act of 2000, and the 
Omnibus Crime Control and Safe Streets Act of 1968 
to improve the prosecution of, and response to, crimes 
in Indian country, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Tribal Law and Order Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings; purposes. 
Sec. 3. Definitions. 
Sec. 4. Severability clause. 
TITLE I—FEDERAL ACCOUNTABILITY AND COORDINATION 
Sec. 101. Office of Justice Services responsibilities. 
Sec. 102. Declination reports. 
Sec. 103. Prosecution of crimes in Indian country. 
Sec. 104. Administration. 
TITLE II—STATE ACCOUNTABILITY AND COORDINATION 
Sec. 201. State criminal jurisdiction and resources. 
Sec. 202. Incentives for State, tribal, and local law enforcement cooperation. 
TITLE III—EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES 
AND TRIBAL GOVERNMENTS 
Sec. 301. Tribal police officers. 
Sec. 302. Drug enforcement in Indian country. 
Sec. 303. Access to national criminal information databases. 
Sec. 304. Tribal court sentencing authority. 
Sec. 305. Indian law and order commission. 
TITLE IV—TRIBAL JUSTICE SYSTEMS 
Sec. 401. Indian alcohol and substance abuse. 
Sec. 402. Indian tribal justice; technical and legal assistance. 
Sec. 403. Tribal resources grant program. 
Sec. 404. Tribal jails program. 
Sec. 405. Tribal probation office liaison program. 
Sec. 406. Tribal youth program. 
TITLE V—INDIAN COUNTRY CRIME DATA 
Sec. 501. Tracking of crimes committed in Indian country. 
Sec. 502. Grants to improve tribal data collection systems. 
Sec. 503. Criminal history record improvement program. 
TITLE VI—DOMESTIC VIOLENCE AND SEXUAL ASSAULT 
PROSECUTION AND PREVENTION 
Sec. 601. Prisoner release and reentry. 
Sec. 602. Domestic and sexual violent offense training. 
Sec. 603. Testimony by Federal employees in cases of rape and sexual assault. 
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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 safe-
ty of tribal communities within the borders of the 
States; 
(3) Congress and the President have acknowl-
edged 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 maintain-
ing law and order in tribal communities; 
(4) less than 3,000 tribal and Federal law en-
forcement 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 enforce-
ment officers respond to distress or emergency calls 
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without backup and travel to remote locations with-
out adequate radio communication or access to na-
tional crime information database systems; 
(6) the majority of tribal detention facilities 
were constructed decades before the date of enact-
ment 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 author-
ity of tribal courts is limited to sentences of not 
more than 1 year of imprisonment for Indian offend-
ers, forcing tribal communities to rely solely on the 
Federal Government and certain State governments 
for the prosecution of— 
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(A) misdemeanors committed by non-In-
dian persons; and 
(B) all felony crimes in Indian country; 
(10) a significant percentage of cases referred 
to Federal agencies for prosecution of crimes alleg-
edly 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 aver-
age on some Indian reservations; 
(13)(A) domestic and sexual violence against 
Indian and Alaska Native women has reached epi-
demic proportions; 
(B) 34 percent of Indian and Alaska Native 
women will be raped in their lifetimes; and 
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(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 meth-
amphetamine, citing the limited law enforcement 
presence and jurisdictional confusion as reasons for 
the increased activity; 
(18) tribal communities face significant in-
creases in instances of domestic violence, burglary, 
assault, and child abuse as a direct result of in-
creased methamphetamine use on Indian reserva-
tions; 
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(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 cer-
tified tribal and State law enforcement officers have 
proven to improve law enforcement in tribal commu-
nities; and 
(21) crime data is a fundamental tool of law en-
forcement, but for decades the Bureau of Indian Af-
fairs 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 enforce-
ment agencies; 
(3) to empower tribal governments with the au-
thority, resources, and information necessary to 
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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 in-
formation 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 coun-
try’’ has the meaning given the term in section 1151 
of title 18, United States Code. 
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 102 of the 
Federally Recognized Indian Tribe List Act of 1994 
(25 U.S.C. 479a). 
(3) INDIAN
COMMUNITY.—The term ‘‘Indian 
community’’ means a community of a federally rec-
ognized Indian tribe. 
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(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(5) TRIBAL GOVERNMENT.—The term ‘‘tribal 
government’’ means the governing body of an Indian 
tribe. 
(b) INDIAN LAW ENFORCEMENT REFORM ACT.— 
Section 2 of the Indian Law Enforcement Reform Act (25 
U.S.C. 2801) is amended by adding at the end the fol-
lowing: 
‘‘(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 in-
vestigating or prosecuting an alleged criminal 
offense in tribal court.’’. 
SEC. 4. SEVERABILITY CLAUSE. 
If any provision of this Act, an amendment made this 
Act, or the application of such provision or amendment 
to any person or circumstance is held to be unconstitu-
tional, the remainder of this Act, the amendments made 
by this Act, and the application of the provisions of such 
to any person or circumstances shall not be affected there-
by. 
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TITLE 
I—FEDERAL 
ACCOUNT-
ABILITY AND COORDINATION 
SEC. 101. OFFICE OF JUSTICE SERVICES RESPONSIBIL-
ITIES. 
(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 pe-
riod 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 com-
munities; 
‘‘(11) conducting meaningful and timely con-
sultation with tribal leaders and tribal justice offi-
cials in the development of regulatory policies and 
other actions that affect public safety and justice in 
Indian country; 
‘‘(12) providing technical assistance and train-
ing to tribal law enforcement officials to gain access 
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and input authority to utilize the National Criminal 
Information Center and other national crime infor-
mation 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 Om-
nibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3732), collecting, analyzing, and report-
ing data regarding Indian country crimes on an an-
nual 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 in-
cludes— 
‘‘(A) 
the 
number 
of 
employees 
and 
amounts spent by category, including a break-
down by position of direct Bureau and tribal 
government employees, for each of— 
‘‘(i) criminal investigators; 
‘‘(ii) uniform police; 
‘‘(iii) dispatchers; 
‘‘(iv) detention officers; and 
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‘‘(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 facili-
ties, personnel transfers, detailees and costs re-
lated to their details, emergency events, public 
safety and justice communications and tech-
nology costs, and other public safety and jus-
tice-related expenses; 
‘‘(C) a list of, and relevant details regard-
ing, the unmet staffing needs of law enforce-
ment and corrections personnel at tribal and 
Bureau of Indian Affairs police departments 
and corrections facilities, the backlog in correc-
tions facilities, public safety and justice commu-
nications and technology needs, and other pub-
lic 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 
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justice programs of the Office of Justice Serv-
ices; 
‘‘(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 Bu-
reau 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 suc-
cessor 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 en-
actment of this subsection, the Secretary, acting through 
the Bureau, in coordination with the Department of Jus-
tice and in consultation with tribal leaders, tribal law en-
forcement officers, and tribal corrections officials, shall 
submit to Congress a long-term plan to address incarcer-
ation in Indian country, including a description of— 
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‘‘(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 in-
carceration, 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, deter-
mines 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 prop-
erty processed by the Central Violations Bureau); 
or’’; and 
(2) in paragraph (3), by striking subparagraphs 
(A) through (C) and inserting the following: 
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‘‘(A) the offense is committed in the pres-
ence 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 em-
ployee 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 jus-
tice 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 Coun-
try Crime relevant information regarding all 
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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 ini-
tiate, 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 re-
ferred 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, rea-
sonable details regarding the case to permit the 
tribal prosecutor to pursue the case in tribal 
court; and 
‘‘(B) submit to the Office of Indian Coun-
try Crime and the appropriate tribal justice of-
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ficial relevant information regarding all declina-
tions of alleged violations of Federal law in In-
dian 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 main-
tain a compilation of information received under 
paragraph (1) or (2) of subsection (a) relating to 
declinations. 
‘‘(2) AVAILABILITY TO CONGRESS.—Each com-
pilation under paragraph (1) shall be made available 
to Congress on an annual basis. 
‘‘(c) INCLUSION
OF CASE FILES.—A report sub-
mitted 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. 
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‘‘(d) EFFECT OF SECTION.— 
‘‘(1) IN GENERAL.—Nothing in this section re-
quires any Federal agency or official to transfer or 
disclose any confidential or privileged communica-
tion, information, or source to an official of any In-
dian tribe. 
‘‘(2) FEDERAL
RULES
OF
CRIMINAL
PROCE-
DURE.—Rule 6 of the Federal Rules of Criminal 
Procedure shall apply to this section. 
‘‘(3) REGULATIONS.—Each Federal agency re-
quired to submit a report pursuant to this section 
shall adopt, by regulation, standards for the protec-
tion of confidential or privileged communications, in-
formation, and sources under paragraph (1).’’. 
SEC. 103. PROSECUTION OF CRIMES IN INDIAN COUNTRY. 
(a) APPOINTMENT OF SPECIAL PROSECUTORS.—Sec-
tion 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 prosecu-
tors and other qualified attorneys to assist in prosecuting 
Federal offenses committed in Indian country’’. 
(b) TRIBAL LIAISONS.—The Indian Law Enforce-
ment Reform Act (25 U.S.C. 2801 et seq.) is amended 
by adding at the end the following: 
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‘‘SEC. 11. ASSISTANT UNITED STATES ATTORNEY TRIBAL LI-
AISONS. 
‘‘(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 liai-
son: 
‘‘(1) Coordinating the prosecution of Federal 
crimes that occur in Indian country. 
‘‘(2) Developing multidisciplinary teams to com-
bat child abuse and domestic and sexual violence of-
fenses against Indians. 
‘‘(3) Developing working relationships and 
maintaining communication with tribal leaders, trib-
al 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 
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that are instrumental to responding to Indian coun-
try crimes. 
‘‘(6) Conducting training sessions and seminars 
to certify special law enforcement commissions to 
tribal justice officials and other individuals and enti-
ties 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 EVALUA-
TIONS 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 In-
dian country crime; and 
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‘‘(ii) developing relationships with 
tribal communities and serving as a link 
between tribal communities and the Fed-
eral justice process. 
‘‘(2) SENSE OF CONGRESS.—It is the sense of 
Congress that the Attorney General should— 
‘‘(A) take all appropriate actions to en-
courage the aggressive prosecution of all crimes 
committed in Indian country; and 
‘‘(B) when appropriate, take into consider-
ation 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 encour-
aged— 
‘‘(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 
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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, 
VerDate Aug 31 2005 
23:16 Jul 24, 2008
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