‘‘(B) the rate at which criminal offenses 
are declined to be prosecuted exceeds the na-
tional 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, super-
vision, 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), re-
spectively; and 
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(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 
2008, 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. 
‘‘(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 
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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 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 with tribal im-
plications.’’. 
(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: 
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‘‘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; 
‘‘(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.— 
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‘‘(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 
‘‘(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: 
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‘‘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.’’. 
(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 con-
current among the Federal Government and State 
and tribal governments.’’. 
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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 agree-
ments, including agreements relating to mutual aid, hot 
pursuit of suspects, and cross-deputization for the pur-
poses of— 
(1) improving law enforcement effectiveness; 
and 
(2) reducing crime in Indian country and near-
by communities. 
(b) PROGRAM PLANS.— 
(1) IN GENERAL.—To be eligible to receive as-
sistance 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 
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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 fund-
ing requested, and the proposed use of funds, 
subject to the requirements listed in subsection 
(c); 
(C) the unit of government that will ad-
minister any assistance received under this sec-
tion, and the method by which the assistance 
will be distributed; 
(D) the types of law enforcement services 
to be performed on each applicable Indian res-
ervation 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 en-
sured; 
(G) the policies of the program regarding 
mutual aid, hot pursuit of suspects, deputiza-
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tion, 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 enti-
ty 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 over-
time 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 en-
forcement agencies; or 
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(3) for any other uses that the Attorney Gen-
eral 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 res-
ervation 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 pro-
vided by the program. 
(4) The proposed improvements the program 
will make regarding law enforcement cooperation be-
yond existing levels of cooperation. 
(5) The crime rates of the tribal and nearby 
communities. 
(6) The available resources of each entity apply-
ing for a grant under this section for dedication to 
public safety in the respective jurisdictions of the en-
tities. 
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(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, to-
gether 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 Attor-
ney General shall submit to the Committee on Indian Af-
fairs of the Senate and the Committee on Natural Re-
sources of the House of Representatives a report describ-
ing the law enforcement programs carried out using assist-
ance provided under this section during the preceding fis-
cal year, including the success of the programs. 
(g) TECHNICAL ASSISTANCE.—On receipt of a re-
quest 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 nec-
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essary to carry out this section for each of fiscal years 
2009 through 2015. 
TITLE III—EMPOWERING TRIBAL 
LAW 
ENFORCEMENT 
AGEN-
CIES AND TRIBAL GOVERN-
MENTS 
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 EXPERI-
ENCE.— 
‘‘(A) IN GENERAL.—The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(B) TRAINING.—The training standards 
established under subparagraph (A) shall per-
mit law enforcement personnel of the Division 
of Law Enforcement Services or an Indian tribe 
to obtain training at a State or tribal police 
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academy, a local or tribal community college, or 
another training academy that meets the Na-
tional 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 en-
couraged to enter into agreements for the use (with 
or without reimbursement) of personnel and facili-
ties of Federal, tribal, State, or other government 
agencies to assist in the enforcement or administra-
tion in Indian country of Federal law or the laws of 
an Indian tribe that authorizes the Secretary to en-
force tribal law. 
‘‘(2) CERTAIN
ACTIVITIES.—Pursuant to an 
agreement described in paragraph (1), the Secretary 
shall authorize the law enforcement officers of any 
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applicable government agency to carry out any activ-
ity authorized under section 4. 
‘‘(3) REQUIREMENT.—An agreement under 
paragraph (1) shall be in accordance with any appli-
cable agreement between the Secretary and the At-
torney General. 
‘‘(b) PROGRAM ENHANCEMENT.— 
‘‘(1) TRAINING
SESSIONS
IN
INDIAN
COUN-
TRY.— 
‘‘(A) IN GENERAL.—The Secretary (or a 
designee) and the Attorney General (or a des-
ignee) shall develop a plan to enhance the cer-
tification and provision of special law enforce-
ment commissions to tribal law enforcement of-
ficials, and, subject to subsection (d), State and 
local law enforcement officials, pursuant to this 
section. 
‘‘(B) INCLUSIONS.—The plan under sub-
paragraph (A) shall include the hosting of re-
gional 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 
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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 en-
forcement commission agreements pursuant to 
this section. 
‘‘(B) AGREEMENT.—Not later than 60 
days after the date on which the Secretary de-
termines 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 In-
dian tribe. 
‘‘(c) LIMITATION
ON
USE
OF
CERTAIN
PER-
SONNEL.— 
‘‘(1) CONSULTATION.—The Secretary shall con-
sult 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 In-
dian tribe with jurisdiction over that area has adopt-
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ed a resolution objecting to the use of personnel of 
the non-Federal agency. 
‘‘(d) COORDINATION BY FEDERAL AGENCIES.—Not-
withstanding section 1535 of title 31, United States Code, 
the head of a Federal agency with law enforcement per-
sonnel 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 In-
dian 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 pro-
visions of other related technical assistance to pre-
vent and prosecute violations of Federal or tribal 
criminal law in Indian country.’’. 
SEC. 302. DRUG ENFORCEMENT IN INDIAN COUNTRY. 
(a) EDUCATION AND RESEARCH PROGRAMS.—Sec-
tion 502 of the Controlled Substances Act (21 U.S.C. 872) 
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is amended in subsections (a)(1) and (c), by inserting 
‘‘tribal,’’ after ‘‘State,’’ each place it appears. 
(b) PUBLIC-PRIVATE EDUCATION PROGRAM.—Sec-
tion 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 amend-
ed— 
(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.—Sec-
tion 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’’. 
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national crime information databases and informa-
tion obtained from those databases, a tribal law en-
forcement agency or official shall be treated as Fed-
eral 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 fol-
lowing: 
‘‘(a) IN GENERAL.—No Indian tribe’’; 
(2) in paragraph (7) of subsection (a) (as des-
ignated 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 limita-
tions described in the other paragraphs of that sub-
section, no Indian tribe, in exercising any power of 
self-government involving a criminal trial that sub-
jects 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; 
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‘‘(B) require excessive bail, impose an ex-
cessive fine, inflict a cruel or unusual punish-
ment, or impose for conviction of a single of-
fense 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 pursu-
ant to paragraph (1) may require a convicted of-
fender— 
‘‘(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 ac-
cordance with guidelines developed by the 
Bureau of Indian Affairs, in consultation 
with Indian tribes; 
‘‘(ii) in the nearest appropriate Fed-
eral facility, at the expense of the United 
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States pursuant to a memorandum of 
agreement with Bureau of Prisons in ac-
cordance with paragraph (4); 
‘‘(iii) in a State or local government- 
approved detention or correctional center 
pursuant to an agreement between the In-
dian tribe and the State or local govern-
ment; or 
‘‘(iv) subject to paragraph (1), in an 
alternative rehabilitation center of an In-
dian 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 memo-
randum 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, reha-
bilitation, 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 seri-
ous drug offenses, as determined by the Bureau 
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of Prisons, in consultation with tribal govern-
ments, 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 govern-
ments, 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 Bu-
reau 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 com-
mission to be known as the Indian Law and Order Com-
mission (referred to in this section as the ‘‘Commission’’). 
(b) MEMBERSHIP.— 
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(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 Nat-
ural Resources of the House of Representatives; 
and 
(E) 1 shall be appointed by the minority 
leader of the House of Representatives, in con-
sultation with the Ranking Member of the Com-
mittee on Natural Resources of the House of 
Representatives. 
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(2) REQUIREMENTS
FOR
ELIGIBILITY.—Each 
member of the Commission shall have significant ex-
perience and expertise in— 
(A) the Indian country criminal justice sys-
tem; and 
(B) matters to be studied by the Commis-
sion. 
(3) CONSULTATION REQUIRED.—The President, 
the Speaker and minority leader of the House of 
Representatives, and the majority leader and minor-
ity leader of the Senate shall consult before the ap-
pointment of members of the Commission under 
paragraph (1) to achieve, to the maximum extent 
practicable, fair and equitable representation of var-
ious 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— 
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(A) in the same manner in which the origi-
nal 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 Commis-
sion have been appointed, the Commission shall se-
lect 1 member to serve as Chairperson of the Com-
mission. 
(2) MEETINGS.— 
(A) IN GENERAL.—The Commission shall 
meet at the call of the Chairperson. 
(B) INITIAL MEETING.—The initial meet-
ing 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 Commis-
sion business, in accordance with this Act and other 
applicable law. 
(d) COMPREHENSIVE STUDY OF CRIMINAL JUSTICE 
SYSTEM RELATING TO INDIAN COUNTRY.—The Commis-
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sion shall conduct a comprehensive study of law enforce-
ment and criminal justice in tribal communities, includ-
ing— 
(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 Com-
mission 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 Commis-
sion shall develop recommendations on necessary modifica-
tions and improvements to justice systems at the tribal, 
Federal, and State levels, including consideration of— 
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(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 pris-
on 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 
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be advisable to carry out the duties of the Com-
mission 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 Com-
mission. 
(3) INFORMATION
FROM
FEDERAL, TRIBAL, 
AND STATE AGENCIES.— 
(A) IN GENERAL.—The Commission may 
secure directly from a Federal agency such in-
formation 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. 
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(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 prop-
erty. 
(h) COMMISSION PERSONNEL MATTERS.— 
(1) TRAVEL
EXPENSES.—A member of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized 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 Com-
mission and the approval of the appropriate Federal 
agency head, an employee of the Federal Govern-
ment may be detailed to the Commission without re-
imbursement, and such detail shall be without inter-
ruption or loss of civil service status, benefits, or 
privileges. 
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(3) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT
SERVICES.—On request of the Commis-
sion, the Attorney General and Secretary shall pro-
vide 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 re-
searchers 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 subpara-
graph (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 organi-
zation to carry out research necessary to carry out 
the duties of the Commission under this section. 
(j) TRIBAL ADVISORY COMMITTEE.— 
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(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 expe-
rience 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 Com-
mission; 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. 
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(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section, to remain available until 
expended. 
(l) TERMINATION OF COMMISSION.—The Commis-
sion 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 en-
actment of this subtitle’’ and inserting 
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‘‘the date of enactment of the Tribal 
Law and Order Act of 2008’’; and 
(II) by inserting ‘‘, the Attorney 
General,’’ after ‘‘Secretary of the In-
terior’’; 
(ii) in paragraph (2)(A), by inserting 
‘‘, Bureau of Justice Assistance, Substance 
Abuse and Mental Health Services Admin-
istration,’’ after ‘‘Bureau of Indian Af-
fairs,’’; 
(iii) in paragraph (4), by inserting ‘‘, 
Department of Justice, Substance Abuse 
and Mental Health Services Administra-
tion,’’ after ‘‘Bureau of Indian Affairs’’; 
(iv) in paragraph (5), by inserting ‘‘, 
Department of Justice, Substance Abuse 
and Mental Health Services Administra-
tion,’’ 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 Inte-
rior’’; and 
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(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 Assist-
ance, the Substance Abuse and Mental Health 
Services Administration,’’ before ‘‘and the In-
dian Health Service service unit’’; 
(B) in subsection (c)(1)(A)(i), by inserting 
‘‘, the Bureau of Justice Assistance, the Sub-
stance Abuse and Mental Health Services Ad-
ministration,’’ 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’’; 
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(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 Af-
fairs’’; 
(B) in subsection (b)— 
(i) by striking paragraph (1) and in-
serting the following: 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN GENERAL.—To improve coordina-
tion among the Federal agencies and depart-
ments carrying out this subtitle, there is estab-
lished within the Substance Abuse and Mental 
Health Services Administration an office, to be 
known as the ‘Office of Indian Alcohol and 
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Substance Abuse’ (referred to in this section as 
the ‘Office’). 
‘‘(B) DIRECTOR.—The director of the Of-
fice 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 addi-
tion’’; 
(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 
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(bb) by striking the period 
at the end and inserting ‘‘; and’’; 
and 
(IV) by adding at the end the fol-
lowing: 
‘‘(C) not later than 1 year after the date 
of enactment of the Tribal Law and Order Act 
of 2008, developing, in coordination and con-
sultation with tribal governments, a framework 
for interagency and tribal coordination that— 
‘‘(i) establish the goals and other de-
sired outcomes of this Act; 
‘‘(ii) prioritizes outcomes that are 
aligned with the purposes of affected agen-
cies; 
‘‘(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 
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(iii) by striking paragraph (3) and in-
serting the following: 
‘‘(3) APPOINTMENT OF EMPLOYEES.—The Di-
rector of the Substance Abuse and Mental Health 
Services Administration shall appoint such employ-
ees to work in the Office, and shall provide such 
funding, services, and equipment, as may be nec-
essary to enable the Office to carry out the respon-
sibilities under this subsection.’’; and 
(C) in subsection (c)— 
(i) by striking ‘‘of Alcohol and Sub-
stance Abuse’’ each place it appears; 
(ii) in paragraph (1), in the second 
sentence, by striking ‘‘The Assistant Sec-
retary of the Interior for Indian Affairs’’ 
and inserting ‘‘The Director of the Sub-
stance Abuse and Mental Health Services 
Administration’’; and 
(iii) in paragraph (3)— 
(I) in the matter preceding sub-
paragraph (A), by striking ‘‘Youth’’ 
and inserting ‘‘youth’’; and 
(II) by striking ‘‘programs of the 
Bureau of Indian Affairs’’ and insert-
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ing ‘‘the applicable Federal pro-
grams’’. 
(4) REVIEW OF PROGRAMS.—Section 4208a(a) 
of the Indian Alcohol and Substance Abuse Preven-
tion and Treatment Act of 1986 (25 U.S.C. 
2414a(a)) is amended in the matter preceding para-
graph (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 Sec-
retary of the Interior’’; 
(ii) in the second sentence, by insert-
ing ‘‘, 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 
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(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 Treat-
ment 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 Treat-
ment 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 sub-
section (a) and inserting the following: 
‘‘(a) PILOT PROGRAMS.— 
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‘‘(1) IN GENERAL.—The Assistant Secretary for 
Indian Affairs shall develop and implement pilot pro-
grams 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 ad-
vancing the purposes and goals of this Act. 
‘‘(2) COSTS.—The Assistant Secretary shall de-
fray 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 para-
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graph and inserting ‘‘$10,000,000 for each of fiscal 
years 2009 through 2013.’’; and 
(3) by indenting paragraphs (4) and (5) appro-
priately. 
(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 Sec-
retary 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 semi-
colon; 
(iii) in subparagraph (C), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
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(iv) by adding at the end the fol-
lowing: 
‘‘(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 insert-
ing 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: 
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‘‘(a) TRAINING PROGRAMS.— 
‘‘(1) IN GENERAL.—The Secretary of the Inte-
rior, in coordination with the Attorney General, the 
Administrator of the Drug Enforcement Administra-
tion, and the Director of the Federal Bureau of In-
vestigation, shall ensure, through the establishment 
of a new training program or by supplementing ex-
isting training programs, that all Bureau of Indian 
Affairs and tribal law enforcement and judicial per-
sonnel have access to training regarding— 
‘‘(A) the investigation and prosecution of 
offenses relating to illegal narcotics; and 
‘‘(B) alcohol and substance abuse preven-
tion and treatment. 
‘‘(2) YOUTH-RELATED
TRAINING.—Any train-
ing provided to Bureau of Indian Affairs or tribal 
law enforcement or judicial personnel under para-
graph (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.’’. 
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(g) 
JUVENILE
DETENTION
CENTERS.—Section 
4220(b) of the Indian Alcohol and Substance Abuse Pre-
vention 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 In-
dian 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 ‘‘sec-
tions 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 
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(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 In-
dian 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; 
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(B) in paragraph (1), by striking ‘‘State 
and’’ and inserting ‘‘State, tribal, or’’; 
(C) in paragraphs (9) and (10), by insert-
ing ‘‘, tribal,’’ after ‘‘State’’ each place it ap-
pears; 
(D) in paragraph (15)— 
(i) by striking ‘‘a State in’’ and in-
serting ‘‘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 in-
serting ‘‘a State, tribal, or’’; 
(E) in paragraph (16), by striking ‘‘and’’ 
at the end; 
(F) in paragraph (17), by striking the pe-
riod 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 di-
rect law enforcement services from the Bureau of In-
dian Affairs to access the program under this sec-
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tion on behalf of the Bureau for use in accordance 
with paragraphs (1) through (16).’’. 
(2) in subsection (g)— 
(A) by striking ‘‘The portion’’ and insert-
ing 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 Fed-
eral nexus and distinct Federal responsibility to ad-
dress and prevent crime in Indian country, for pur-
poses 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 dem-
onstrated financial hardship. 
‘‘(4) USE OF CERTAIN FUNDS.—In addition to 
providing a waiver under paragraph (3), the Attor-
ney General shall allow the use of funds appro-
priated for any agency of an Indian tribal govern-
ment or the Bureau of Indian Affairs to carry out 
law enforcement activities on Indian land to provide 
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the non-Federal share of the cost of a program or 
project under this section.’’; 
(3) in subsection (i), by striking ‘‘The author-
ity’’ 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 At-
torney General may provide grants under this sec-
tion to Indian tribal governments, for fiscal year 
2009 and any fiscal year thereafter, for such period 
as the Attorney General determines to be appro-
priate to assist the Indian tribal governments in car-
rying out the purposes described in subsection (b). 
‘‘(2) PRIORITY
OF
FUNDING.—In providing 
grants to Indian tribal governments under this sub-
section, the Attorney General shall take into consid-
eration reservation crime rates and tribal law en-
forcement staffing needs of each Indian tribal gov-
ernment. 
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‘‘(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 com-
munity policing and the broken windows theory can 
most effectively be applied in remote tribal loca-
tions.’’. 
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 avail-
able to the Attorney General to carry out programs relat-
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ing 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 sub-
section (b) and inserting the following: 
‘‘(b) GRANTS TO INDIAN TRIBES.— 
‘‘(1) IN GENERAL.—From the amounts reserved 
under subsection (a), the Attorney General shall pro-
vide 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 pri-
vate entities to increase the efficiency of 
the construction of tribal jails; and 
‘‘(iii) developing and implementing al-
ternatives to incarceration in tribal jails; 
and 
‘‘(B) to consortia of Indian tribes for pur-
poses of constructing and operating regional de-
tention centers on Indian land for long-term in-
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carceration of offenders subject to tribal juris-
diction, 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 En-
forcement 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 enforce-
ment officers, and tribal corrections officials, shall submit 
to Congress a long-term plan to address incarceration in 
Indian country, including a description of— 
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‘‘(1) proposed activities for construction of de-
tention facilities (including regional facilities) on In-
dian land; 
‘‘(2) proposed activities for construction of ad-
ditional Federal detention facilities on Indian land; 
‘‘(3) proposed activities for contracting with 
State and local detention centers, with tribal govern-
ment approval; 
‘‘(4) proposed alternatives to incarceration, de-
veloped 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, deter-
mines 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.’’. 
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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 ‘‘sub-
section (b)’’; and 
(B) by adding at the end the following: 
‘‘(d) GRANTS FOR TRIBAL DELINQUENCY PREVEN-
TION 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 de-
linquency 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 
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‘‘(A) IN GENERAL.—A notice’’; 
(ii) in the second sentence, by striking 
‘‘For a person who is released’’ and insert-
ing 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 in-
serting the following: 
‘‘(C) PERSONS
ON
PROBATION.—For a 
person who is sentenced’’; 
(iv) in the fourth sentence, by striking 
‘‘Notice concerning’’ and inserting the fol-
lowing: 
‘‘(D) RELEASED PERSONS REQUIRED TO 
REGISTER.— 
‘‘(i) IN
GENERAL.—A notice con-
cerning’’; and 
(v) in subparagraph (D) (as des-
ignated 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 resi-
dence of whom is potentially located in In-
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