I 
111TH CONGRESS 
1ST SESSION H. R. 1924 
To amend the Indian Law Enforcement Reform Act, the Indian Tribal Justice 
Act, the Indian Tribal Justice Technical and Legal Assistance Act of 
2000, and the Omnibus Crime Control and Safe Streets Act of 1968 
to improve the prosecution of, and response to, crimes in Indian country, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 2, 2009 
Ms. HERSETH SANDLIN (for herself, Mr. KILDEE, and Mr. GRIJALVA) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committees on Natural Resources, Energy 
and Commerce, and Education and Labor, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Indian Law Enforcement Reform Act, the 
Indian Tribal Justice Act, the Indian Tribal Justice 
Technical and Legal Assistance Act of 2000, and the 
Omnibus Crime Control and Safe Streets Act of 1968 
to improve the prosecution of, and response to, crimes 
in Indian country, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Tribal Law and Order Act of 2009’’. 
(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 COLLECTION AND 
INFORMATION SHARING 
Sec. 501. Tracking of crimes committed in Indian country. 
Sec. 502. Grants to improve tribal data collection systems. 
Sec. 503. Criminal history record improvement program. 
TITLE VI—DOMESTIC VIOLENCE AND SEXUAL ASSAULT 
PROSECUTION AND PREVENTION 
Sec. 601. Prisoner release and reentry. 
Sec. 602. Domestic and sexual violent offense training. 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
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 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 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
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— 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
(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 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
(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; 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
(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; 
(21) consistent communication among tribal, 
Federal, and State law enforcement agencies has 
proven to increase public safety and justice in tribal 
and nearby communities; and 
(22) 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; 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
(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 
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
COMMUNITY.—The term ‘‘Indian 
community’’ means a community of a federally rec-
ognized Indian tribe. 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
(2) INDIAN COUNTRY.—The term ‘‘Indian coun-
try’’ has the meaning given the term in section 1151 
of title 18, United States Code. 
(3) 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). 
(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.’’. 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
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. 
TITLE 
I—FEDERAL 
ACCOUNT-
ABILITY AND COORDINATION 
SEC. 101. OFFICE OF JUSTICE SERVICES RESPONSIBIL-
ITIES. 
(a) DEFINITIONS.—Section 2 of the Indian Law En-
forcement Reform Act (25 U.S.C. 2801) is amended— 
(1) by striking paragraph (8); 
(2) by redesignating paragraphs (1) through 
(7) as paragraphs (2) through (8), respectively; 
(3) by redesignating paragraph (9) as para-
graph (1) and moving the paragraphs so as to ap-
pear in numerical order; and 
(4) in paragraph (1) (as redesignated by para-
graph (3)), by striking ‘‘Division of Law Enforce-
ment Services’’ and inserting ‘‘Office of Justice 
Services’’. 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
(b) ADDITIONAL RESPONSIBILITIES OF OFFICE.— 
Section 3 of the Indian Law Enforcement Reform Act (25 
U.S.C. 2802) is amended— 
(1) in subsection (b), by striking ‘‘(b) There is 
hereby established within the Bureau a Division of 
Law Enforcement Services which’’ and inserting the 
following: 
‘‘(b) OFFICE OF JUSTICE SERVICES.—There is estab-
lished in the Bureau an office, to be known as the ‘Office 
of Justice Services’, that’’; 
(2) in subsection (c)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘Division of Law Enforcement Serv-
ices’’ and inserting ‘‘Office of Justice Services’’; 
(B) in paragraph (2), by inserting ‘‘and, 
with the consent of the Indian tribe, tribal 
criminal laws, including testifying in tribal 
court’’ before the semicolon at the end; 
(C) in paragraph (8), by striking ‘‘and’’ at 
the end; 
(D) in paragraph (9), by striking the pe-
riod at the end and inserting a semicolon; and 
(E) by adding at the end the following: 
‘‘(10) the development and provision of dispatch 
and emergency and E–911 services; 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
‘‘(11) communicating with tribal leaders, tribal 
community and victims’ advocates, tribal justice offi-
cials, and residents of Indian land on a regular basis 
regarding public safety and justice concerns facing 
tribal communities; 
‘‘(12) 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; 
‘‘(13) providing technical assistance and train-
ing to tribal law enforcement officials to gain access 
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; 
‘‘(14) 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; 
‘‘(15) submitting to the Committee on Indian 
Affairs of the Senate and the Committee on Natural 
Resources of the House of Representatives, for each 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
fiscal year, a detailed spending report regarding 
tribal public safety and justice programs that in-
cludes— 
‘‘(A)(i) the number of full-time employees 
of the Bureau and tribal government who serve 
as— 
‘‘(I) criminal investigators; 
‘‘(II) uniform police; 
‘‘(III) police and emergency dis-
patchers; 
‘‘(IV) detention officers; 
‘‘(V) executive personnel, including 
special agents in charge, and directors and 
deputies of various offices in the Office of 
Justice Services; or 
‘‘(VI) tribal court judges, prosecutors, 
public defenders, or related staff; and 
‘‘(ii) the amount of appropriations obli-
gated for each category described in clause (i) 
for each fiscal year; 
‘‘(B) a list of amounts dedicated to law en-
forcement and corrections, vehicles, related 
transportation costs, equipment, inmate trans-
portation costs, inmate transfer costs, replace-
ment, improvement, and repair of facilities, per-
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
sonnel transfers, detailees and costs related to 
their details, emergency events, public safety 
and justice communications and technology 
costs, and tribal court personnel, facilities, and 
related program costs; 
‘‘(C) a list of the unmet staffing needs of 
law enforcement, corrections, and court per-
sonnel at tribal and Bureau of Indian Affairs 
justice agencies, the replacement and repair 
needs of tribal and Bureau corrections facilities, 
needs for tribal police and court facilities, and 
public safety and emergency communications 
and technology 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 administered by the Office of 
Justice Services; 
‘‘(16) 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 report summarizing the technical as-
sistance, training, and other support provided to 
tribal law enforcement and corrections agencies that 
operate relevant programs pursuant to self-deter-
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
mination contracts or self-governance compacts with 
the Bureau of Indian Affairs; and 
‘‘(17) 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).’’; 
(3) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘Division 
of Law Enforcement Services’’ and inserting 
‘‘Office of Justice Services’’; 
(B) in paragraph (3)— 
(i) by striking ‘‘regulations which 
shall establish’’ and inserting ‘‘regulations, 
which shall— 
‘‘(A) establish’’; 
(ii) by striking ‘‘reservation.’’ and in-
serting ‘‘reservation; but’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) support the enforcement of tribal 
laws and investigation of offenses against tribal 
criminal laws.’’; and 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
(C) in paragraph (4)(i), in the first sen-
tence, by striking ‘‘Division’’ and inserting ‘‘Of-
fice of Justice Services’’; 
(4) in subsection (e), by striking ‘‘Division of 
Law Enforcement Services’’ each place it appears 
and inserting ‘‘Office of Justice Services’’; and 
(5) by adding at the end the following: 
‘‘(f) 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— 
‘‘(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; 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
‘‘(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. 
‘‘(g) LAW ENFORCEMENT PERSONNEL OF BUREAU 
AND INDIAN TRIBES.— 
‘‘(1) REPORT.—Not later than 60 days after 
the date of enactment of this subsection, the Sec-
retary shall submit to the Committee on Indian Af-
fairs of the Senate and the Committee on Natural 
Resources of the House of Representatives a report 
regarding vacancies in law enforcement personnel of 
Bureau and Indian tribes. 
‘‘(2) LONG-TERM PLAN.—Not later than 1 year 
after the date of enactment of this subsection, 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 long- 
term plan to address law enforcement personnel 
needs in Indian country.’’. 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
(c) 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: 
‘‘(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 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
an investigation without referral for prosecution, the 
officer or employee shall— 
‘‘(A) submit to the appropriate tribal jus-
tice officials evidence, including related reports, 
relevant to the case that would advance pros-
ecution of the case in a tribal court; and 
‘‘(B) submit to the Office of Indian Coun-
try 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 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, 
the United States Attorney shall— 
‘‘(A) submit to the appropriate tribal jus-
tice official, sufficiently in advance of the tribal 
statute of limitations, evidence relevant to the 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
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-
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 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
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 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 of title 28, United States Code, is amended— 
(1) in subsection (a), by inserting before the pe-
riod at the end the following: ‘‘, including the ap-
pointment of qualified tribal prosecutors and other 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
qualified attorneys to assist in prosecuting Federal 
offenses committed in Indian country’’; and 
(2) by adding at the end the following: 
‘‘(c) SENSE OF CONGRESS REGARDING CONSULTA-
TION.—It is the sense of Congress that, in appointing at-
torneys under this section to serve as special prosecutors 
in Indian country, the Attorney General should consult 
with tribal justice officials of each Indian tribe that would 
be affected by the appointment.’’. 
(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: 
‘‘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. 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
‘‘(2) Developing multidisciplinary teams to com-
bat child abuse and domestic and sexual violence of-
fenses against Indians. 
‘‘(3) Consulting and coordinating with tribal 
justice officials and victims’ advocates to address 
any backlog in the prosecution of major crimes in 
Indian country in the district. 
‘‘(4) Developing working relationships and 
maintaining communication with tribal leaders, trib-
al community and victims’ advocates, and tribal jus-
tice officials to gather information from, and share 
appropriate information with, tribal justice officials. 
‘‘(5) 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. 
‘‘(6) 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 coun-
try crimes. 
‘‘(7) Conducting training sessions and seminars 
to certify special law enforcement commissions to 
tribal justice officials and other individuals and enti-
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
ties responsible for responding to Indian country 
crimes. 
‘‘(8) Coordinating with the Office of Indian 
Country Crime, as necessary. 
‘‘(9) 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 
‘‘(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— 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
‘‘(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.— 
‘‘(1) IN GENERAL.—Each United States Attor-
ney serving a district that includes Indian country is 
authorized and encouraged— 
‘‘(A) 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 im-
prove the administration of justice, and particu-
larly when— 
‘‘(i) the crime rate exceeds the na-
tional average crime rate; or 
‘‘(ii) the rate at which criminal of-
fenses are declined to be prosecuted ex-
ceeds the national average declination rate; 
‘‘(B) to coordinate with applicable United 
States magistrate and district courts— 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
‘‘(i) to ensure the provision of docket 
time for prosecutions of Indian country 
crimes; and 
‘‘(ii) to hold trials and other pro-
ceedings in Indian country, as appropriate; 
‘‘(C) to provide to appointed Special As-
sistant United States Attorneys appropriate 
training, supervision, and staff support; and 
‘‘(D) 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 sub-
section. 
‘‘(2) SENSE
OF
CONGRESS
REGARDING
CON-
SULTATION.—It is the sense of Congress that, in ap-
pointing Special Assistant United States Attorneys 
under this subsection, a United States Attorney 
should consult with tribal justice officials of each In-
dian tribe that would be affected by the appoint-
ment.’’. 
SEC. 104. ADMINISTRATION. 
(a) OFFICE OF TRIBAL JUSTICE.— 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
(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), re-
spectively; 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 Jus-
tice 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 
2009, the Attorney General shall modify the status of the 
Office of Tribal Justice as the Attorney General deter-
mines to be necessary to establish the Office of Tribal Jus-
tice as a permanent division of the Department. 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
‘‘(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 Of-
fice 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 2009, the Office of Tribal Justice shall— 
‘‘(1) serve as the program and legal policy advi-
sor to the Attorney General with respect to the trea-
ty and trust relationship between the United States 
and Indian tribes; 
‘‘(2) serve as the point of contact for federally 
recognized tribal governments and tribal organiza-
tions with respect to questions and comments re-
garding policies and programs of the Department 
and issues relating to public safety and justice in In-
dian country; and 
‘‘(3) coordinate with other bureaus, agencies, 
offices, and divisions within the Department of Jus-
tice to ensure that each component has an account-
able process to ensure meaningful and timely con-
sultation with tribal leaders in the development of 
regulatory policies and other actions that affect— 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
‘‘(A) the trust responsibility of the United 
States to Indian tribes; 
‘‘(B) any tribal treaty provision; 
‘‘(C) the status of Indian tribes as a sov-
ereign governments; or 
‘‘(D) any other tribal interest.’’. 
(b) OFFICE OF INDIAN COUNTRY CRIME.—The In-
dian Law Enforcement Reform Act (25 U.S.C. 2801 et 
seq.) (as amended by section 103(b)) is amended by add-
ing 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 appli-
cation of Federal criminal laws applicable in Indian 
country; 
‘‘(2) coordinate with the United States Attor-
neys that have authority to prosecute crimes in In-
dian country; 
‘‘(3) coordinate prosecutions of crimes of na-
tional significance in Indian country, as determined 
by the Attorney General; 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
‘‘(4) develop and implement criminal enforce-
ment policies for United States Attorneys and inves-
tigators 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 Re-
sources of the House of Representatives annual re-
ports 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 In-
dian Country Crime; 
‘‘(B) serve as a point of contact to United 
State Attorneys serving districts including In-
dian country, tribal liaisons, tribal governments, 
and other Federal, State, and local law enforce-
ment agencies regarding issues affecting the 
prosecution of crime in Indian country; and 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS
‘‘(C) carry out such other duties as the At-
torney General may prescribe.’’. 
TITLE 
II—STATE 
ACCOUNT-
ABILITY AND COORDINATION 
SEC. 
201. 
STATE 
CRIMINAL 
JURISDICTION 
AND 
RE-
SOURCES. 
(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 JURISDIC-
TION. 
‘‘(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 re-
quest of an Indian tribe, and after consultation with 
the Attorney General, the United States shall main-
tain concurrent jurisdiction to prosecute violations of 
sections 1152 and 1153 of title 18, United States 
Code, within the Indian country of the Indian 
tribe.’’. 
VerDate Nov 24 2008 
02:24 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H1924.IH
H1924
wwoods2 on PRODPC68 with BILLS