[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 797 Reported in Senate (RS)]

                                                       Calendar No. 192
111th CONGRESS
  1st Session
                                 S. 797

                          [Report No. 111-93]

   To amend the Indian Law Enforcement Reform Act, the Indian Tribal 
 Justice Act, the Indian Tribal Justice Technical and Legal Assistance 
Act of 2000, and the Omnibus Crime Control and Safe Streets Act of 1968 
   to improve the prosecution of, and response to, crimes in Indian 
                    country, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 2, 2009

 Mr. Dorgan (for himself, Mr. Barrasso, Mr. Baucus, Mr. Bingaman, Mr. 
     Lieberman, Mr. Kyl, Mr. Wyden, Mr. Johnson, Ms. Cantwell, Ms. 
Murkowski, Mr. Thune, Mr. Tester, Mr. Begich, Mr. Udall of New Mexico, 
   Mr. Merkley, Mrs. Boxer, Mr. Crapo, Ms. Stabenow, and Mr. Bennet) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Indian Affairs

                            October 29, 2009

               Reported by Mr. Dorgan, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To amend the Indian Law Enforcement Reform Act, the Indian Tribal 
 Justice Act, the Indian Tribal Justice Technical and Legal Assistance 
Act of 2000, and the Omnibus Crime Control and Safe Streets Act of 1968 
   to improve the prosecution of, and response to, crimes in Indian 
                    country, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Tribal 
Law and Order Act of 2009''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

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

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

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

<DELETED>Sec. 301. Tribal police officers.
<DELETED>Sec. 302. Drug enforcement in Indian country.
<DELETED>Sec. 303. Access to national criminal information databases.
<DELETED>Sec. 304. Tribal court sentencing authority.
<DELETED>Sec. 305. Indian Law and Order Commission.
               <DELETED>TITLE IV--TRIBAL JUSTICE SYSTEMS

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

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

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

<DELETED>SEC. 2. FINDINGS; PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) the United States has distinct legal, treaty, 
        and trust obligations to provide for the public safety of 
        tribal communities;</DELETED>
        <DELETED>    (2) several States have been delegated or have 
        accepted responsibility to provide for the public safety of 
        tribal communities within the borders of the States;</DELETED>
        <DELETED>    (3) Congress and the President have acknowledged 
        that--</DELETED>
                <DELETED>    (A) tribal law enforcement officers are 
                often the first responders to crimes on Indian 
                reservations; and</DELETED>
                <DELETED>    (B) tribal justice systems are ultimately 
                the most appropriate institutions for maintaining law 
                and order in tribal communities;</DELETED>
        <DELETED>    (4) less than 3,000 tribal and Federal law 
        enforcement officers patrol more than 56,000,000 acres of 
        Indian country, which reflects less than </DELETED>\<DELETED>1/
        2</DELETED>\ <DELETED>of the law enforcement presence in 
        comparable rural communities nationwide;</DELETED>
        <DELETED>    (5) on many Indian reservations, law enforcement 
        officers respond to distress or emergency calls without backup 
        and travel to remote locations without adequate radio 
        communication or access to national crime information database 
        systems;</DELETED>
        <DELETED>    (6) the majority of tribal detention facilities 
        were constructed decades before the date of enactment of this 
        Act and must be or will soon need to be replaced, creating a 
        multibillion-dollar backlog in facility needs;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (8) tribal courts--</DELETED>
                <DELETED>    (A) are the primary arbiters of criminal 
                and civil justice for actions arising in Indian 
                country; but</DELETED>
                <DELETED>    (B) have been historically 
                underfunded;</DELETED>
        <DELETED>    (9) tribal courts have no criminal jurisdiction 
        over non-Indian persons, and the sentencing authority of tribal 
        courts is limited to sentences of not more than 1 year of 
        imprisonment for Indian offenders, forcing tribal communities 
        to rely solely on the Federal Government and certain State 
        governments for the prosecution of--</DELETED>
                <DELETED>    (A) misdemeanors committed by non-Indian 
                persons; and</DELETED>
                <DELETED>    (B) all felony crimes in Indian 
                country;</DELETED>
        <DELETED>    (10) a significant percentage of cases referred to 
        Federal agencies for prosecution of crimes allegedly occurring 
        in tribal communities are declined to be prosecuted;</DELETED>
        <DELETED>    (11) the complicated jurisdictional scheme that 
        exists in Indian country--</DELETED>
                <DELETED>    (A) has a significant negative impact on 
                the ability to provide public safety to Indian 
                communities; and</DELETED>
                <DELETED>    (B) has been increasingly exploited by 
                criminals;</DELETED>
        <DELETED>    (12) the violent crime rate in Indian country is--
        </DELETED>
                <DELETED>    (A) nearly twice the national average; 
                and</DELETED>
                <DELETED>    (B) more than 20 times the national 
                average on some Indian reservations;</DELETED>
        <DELETED>    (13)(A) domestic and sexual violence against 
        Indian and Alaska Native women has reached epidemic 
        proportions;</DELETED>
        <DELETED>    (B) 34 percent of Indian and Alaska Native women 
        will be raped in their lifetimes; and</DELETED>
        <DELETED>    (C) 39 percent of Indian and Alaska Native women 
        will be subject to domestic violence;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (15) alcohol and drug abuse plays a role in more 
        than 80 percent of crimes committed in tribal 
        communities;</DELETED>
        <DELETED>    (16) the rate of methamphetamine addiction in 
        tribal communities is 3 times the national average;</DELETED>
        <DELETED>    (17) the Department of Justice has reported that 
        drug organizations have increasingly targeted Indian country to 
        produce and distribute methamphetamine, citing the limited law 
        enforcement presence and jurisdictional confusion as reasons 
        for the increased activity;</DELETED>
        <DELETED>    (18) tribal communities face significant increases 
        in instances of domestic violence, burglary, assault, and child 
        abuse as a direct result of increased methamphetamine use on 
        Indian reservations;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (B) that complexity requires a high degree of 
        commitment and cooperation from Federal and State officials 
        that can be difficult to establish;</DELETED>
        <DELETED>    (20) agreements for cooperation among certified 
        tribal and State law enforcement officers have proven to 
        improve law enforcement in tribal communities;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (22) crime data is a fundamental tool of law 
        enforcement, but for decades the Bureau of Indian Affairs and 
        the Department of Justice have not been able to coordinate or 
        consistently report crime and prosecution rates in tribal 
        communities.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to clarify the responsibilities of Federal, 
        State, tribal, and local governments with respect to crimes 
        committed in tribal communities;</DELETED>
        <DELETED>    (2) to increase coordination and communication 
        among Federal, State, tribal, and local law enforcement 
        agencies;</DELETED>
        <DELETED>    (3) to empower tribal governments with the 
        authority, resources, and information necessary to safely and 
        effectively provide for the safety of the public in tribal 
        communities;</DELETED>
        <DELETED>    (4) to reduce the prevalence of violent crime in 
        tribal communities and to combat violence against Indian and 
        Alaska Native women;</DELETED>
        <DELETED>    (5) to address and prevent drug trafficking and 
        reduce rates of alcohol and drug addiction in Indian country; 
        and</DELETED>
        <DELETED>    (6) to increase and standardize the collection of 
        criminal data and the sharing of criminal history information 
        among Federal, State, and tribal officials responsible for 
        responding to and investigating crimes in tribal 
        communities.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

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

  <DELETED>TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION</DELETED>

<DELETED>SEC. 101. OFFICE OF JUSTICE SERVICES 
              RESPONSIBILITIES.</DELETED>

<DELETED>    (a) Definitions.--Section 2 of the Indian Law Enforcement 
Reform Act (25 U.S.C. 2801) is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (8);</DELETED>
        <DELETED>    (2) by redesignating paragraphs (1) through (7) as 
        paragraphs (2) through (8), respectively;</DELETED>
        <DELETED>    (3) by redesignating paragraph (9) as paragraph 
        (1) and moving the paragraphs so as to appear in numerical 
        order; and</DELETED>
        <DELETED>    (4) in paragraph (1) (as redesignated by paragraph 
        (3)), by striking ``Division of Law Enforcement Services'' and 
        inserting ``Office of Justice Services''.</DELETED>
<DELETED>    (b) Additional Responsibilities of Office.--Section 3 of 
the Indian Law Enforcement Reform Act (25 U.S.C. 2802) is amended--
</DELETED>
        <DELETED>    (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:</DELETED>
<DELETED>    ``(b) Office of Justice Services.--There is established in 
the Bureau an office, to be known as the `Office of Justice Services', 
that'';</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by striking ``Division of Law Enforcement Services'' 
                and inserting ``Office of Justice Services'';</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) in paragraph (8), by striking ``and'' 
                at the end;</DELETED>
                <DELETED>    (D) in paragraph (9), by striking the 
                period at the end and inserting a semicolon; 
                and</DELETED>
                <DELETED>    (E) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(10) the development and provision of dispatch 
        and emergency and E-911 services;</DELETED>
        <DELETED>    ``(11) communicating with tribal leaders, tribal 
        community and victims' advocates, tribal justice officials, and 
        residents of Indian land on a regular basis regarding public 
        safety and justice concerns facing tribal 
        communities;</DELETED>
        <DELETED>    ``(12) conducting meaningful and timely 
        consultation with tribal leaders and tribal justice officials 
        in the development of regulatory policies and other actions 
        that affect public safety and justice in Indian 
        country;</DELETED>
        <DELETED>    ``(13) providing technical assistance and training 
        to tribal law enforcement officials to gain access and input 
        authority to utilize the National Criminal Information Center 
        and other national crime information databases pursuant to 
        section 534 of title 28, United States Code;</DELETED>
        <DELETED>    ``(14) in coordination with the Attorney General 
        pursuant to subsection (g) of section 302 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3732), 
        collecting, analyzing, and reporting data regarding Indian 
        country crimes on an annual basis;</DELETED>
        <DELETED>    ``(15) submitting to the Committee on Indian 
        Affairs of the Senate and the Committee on Natural Resources of 
        the House of Representatives, for each fiscal year, a detailed 
        spending report regarding tribal public safety and justice 
        programs that includes--</DELETED>
                <DELETED>    ``(A)(i) the number of full-time employees 
                of the Bureau and tribal government who serve as--
                </DELETED>
                        <DELETED>    ``(I) criminal 
                        investigators;</DELETED>
                        <DELETED>    ``(II) uniform police;</DELETED>
                        <DELETED>    ``(III) police and emergency 
                        dispatchers;</DELETED>
                        <DELETED>    ``(IV) detention 
                        officers;</DELETED>
                        <DELETED>    ``(V) executive personnel, 
                        including special agents in charge, and 
                        directors and deputies of various offices in 
                        the Office of Justice Services; or</DELETED>
                        <DELETED>    ``(VI) tribal court judges, 
                        prosecutors, public defenders, or related 
                        staff; and</DELETED>
                <DELETED>    ``(ii) the amount of appropriations 
                obligated for each category described in clause (i) for 
                each fiscal year;</DELETED>
                <DELETED>    ``(B) a list of amounts dedicated to law 
                enforcement and corrections, vehicles, related 
                transportation costs, equipment, inmate transportation 
                costs, inmate transfer costs, replacement, improvement, 
                and repair of facilities, personnel transfers, 
                detailees and costs related to their details, emergency 
                events, public safety and justice communications and 
                technology costs, and tribal court personnel, 
                facilities, and related program costs;</DELETED>
                <DELETED>    ``(C) a list of the unmet staffing needs 
                of law enforcement, corrections, and court personnel 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</DELETED>
                <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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 assistance, training, and other 
        support provided to tribal law enforcement and corrections 
        agencies that operate relevant programs pursuant to self-
        determination contracts or self-governance compacts with the 
        Bureau of Indian Affairs; and</DELETED>
        <DELETED>    ``(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 successor regulations).'';</DELETED>
        <DELETED>    (3) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``Division of Law Enforcement Services'' and inserting 
                ``Office of Justice Services'';</DELETED>
                <DELETED>    (B) in paragraph (3)--</DELETED>
                        <DELETED>    (i) by striking ``regulations 
                        which shall establish'' and inserting 
                        ``regulations, which shall--</DELETED>
                <DELETED>    ``(A) establish'';</DELETED>
                        <DELETED>    (ii) by striking ``reservation.'' 
                        and inserting ``reservation; but''; 
                        and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(B) support the enforcement of tribal 
                laws and investigation of offenses against tribal 
                criminal laws.''; and</DELETED>
                <DELETED>    (C) in paragraph (4)(i), in the first 
                sentence, by striking ``Division'' and inserting 
                ``Office of Justice Services'';</DELETED>
        <DELETED>    (4) in subsection (e), by striking ``Division of 
        Law Enforcement Services'' each place it appears and inserting 
        ``Office of Justice Services''; and</DELETED>
        <DELETED>    (5) by adding at the end the following:</DELETED>
<DELETED>    ``(f) Long-term Plan for Tribal Detention Programs.--Not 
later than 1 year after the date of enactment of this subsection, the 
Secretary, acting through the Bureau, in coordination with the 
Department of Justice and in consultation with tribal leaders, tribal 
law enforcement officers, and tribal corrections officials, shall 
submit to Congress a long-term plan to address incarceration in Indian 
country, including a description of--</DELETED>
        <DELETED>    ``(1) proposed activities for the construction of 
        detention facilities (including regional facilities) on Indian 
        land;</DELETED>
        <DELETED>    ``(2) proposed activities for the construction of 
        additional Federal detention facilities on Indian 
        land;</DELETED>
        <DELETED>    ``(3) proposed activities for contracting with 
        State and local detention centers, upon approval of affected 
        tribal governments;</DELETED>
        <DELETED>    ``(4) proposed activities for alternatives to 
        incarceration, developed in cooperation with tribal court 
        systems; and</DELETED>
        <DELETED>    ``(5) other such alternatives to incarceration as 
        the Secretary, in coordination with the Bureau and in 
        consultation with tribal representatives, determines to be 
        necessary.</DELETED>
<DELETED>    ``(g) Law Enforcement Personnel of Bureau and Indian 
Tribes.--</DELETED>
        <DELETED>    ``(1) Report.--Not later than 60 days 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 report regarding vacancies in law enforcement personnel of 
        Bureau and Indian tribes.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Law Enforcement Authority.--Section 4 of the Indian 
Law Enforcement Reform Act (25 U.S.C. 2803) is amended--</DELETED>
        <DELETED>    (1) in paragraph (2)(A), by striking ``), or'' and 
        inserting ``or offenses committed on Federal property processed 
        by the Central Violations Bureau); or''; and</DELETED>
        <DELETED>    (2) in paragraph (3), by striking subparagraphs 
        (A) through (C) and inserting the following:</DELETED>
                <DELETED>    ``(A) the offense is committed in the 
                presence of the employee; or</DELETED>
                <DELETED>    ``(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;''.</DELETED>

<DELETED>SEC. 102. DECLINATION REPORTS.</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    ``(a) Reports.--</DELETED>
        <DELETED>    ``(1) Law enforcement officials.--Subject to 
        subsection (d), if a law enforcement officer or employee of any 
        Federal department or agency declines to initiate an 
        investigation of an alleged violation of Federal law in Indian 
        country, or terminates such an investigation without referral 
        for prosecution, the officer or employee shall--</DELETED>
                <DELETED>    ``(A) submit to the appropriate tribal 
                justice officials evidence, including related reports, 
                relevant to the case that would advance prosecution of 
                the case in a tribal court; and</DELETED>
                <DELETED>    ``(B) submit to the Office of Indian 
                Country Crime relevant information regarding all 
                declinations of alleged violations of Federal law in 
                Indian country, including--</DELETED>
                        <DELETED>    ``(i) the type of crime 
                        alleged;</DELETED>
                        <DELETED>    ``(ii) the status of the accused 
                        as an Indian or non-Indian;</DELETED>
                        <DELETED>    ``(iii) the status of the victim 
                        as an Indian; and</DELETED>
                        <DELETED>    ``(iv) the reason for declining to 
                        initiate, open, or terminate the 
                        investigation.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) submit to the appropriate tribal 
                justice official, sufficiently in advance of the tribal 
                statute of limitations, evidence relevant to the case 
                to permit the tribal prosecutor to pursue the case in 
                tribal court; and</DELETED>
                <DELETED>    ``(B) submit to the Office of Indian 
                Country Crime and the appropriate tribal justice 
                official relevant information regarding all 
                declinations of alleged violations of Federal law in 
                Indian country, including--</DELETED>
                        <DELETED>    ``(i) the type of crime 
                        alleged;</DELETED>
                        <DELETED>    ``(ii) the status of the accused 
                        as an Indian or non-Indian;</DELETED>
                        <DELETED>    ``(iii) the status of the victim 
                        as an Indian; and</DELETED>
                        <DELETED>    ``(iv) the reason for the 
                        determination to decline or terminate the 
                        prosecution.</DELETED>
<DELETED>    ``(b) Maintenance of Records.--</DELETED>
        <DELETED>    ``(1) In general.--The Director of the Office of 
        Indian Country Crime shall establish and maintain a compilation 
        of information received under paragraph (1) or (2) of 
        subsection (a) relating to declinations.</DELETED>
        <DELETED>    ``(2) Availability to congress.--Each compilation 
        under paragraph (1) shall be made available to Congress on an 
        annual basis.</DELETED>
<DELETED>    ``(c) Inclusion of Case Files.--A report submitted to the 
appropriate tribal justice officials under paragraph (1) or (2) of 
subsection (a) may include the case file, including evidence collected 
and statements taken that could support an investigation or prosecution 
by the appropriate tribal justice officials.</DELETED>
<DELETED>    ``(d) Effect of Section.--</DELETED>
        <DELETED>    ``(1) In general.--Nothing in this section 
        requires any Federal agency or official to transfer or disclose 
        any confidential or privileged communication, information, or 
        source to an official of any Indian tribe.</DELETED>
        <DELETED>    ``(2) Federal rules of criminal procedure.--Rule 6 
        of the Federal Rules of Criminal Procedure shall apply to this 
        section.</DELETED>
        <DELETED>    ``(3) Regulations.--Each Federal agency required 
        to submit a report pursuant to this section shall adopt, by 
        regulation, standards for the protection of confidential or 
        privileged communications, information, and sources under 
        paragraph (1).''.</DELETED>

<DELETED>SEC. 103. PROSECUTION OF CRIMES IN INDIAN COUNTRY.</DELETED>

<DELETED>    (a) Appointment of Special Prosecutors.--Section 543 of 
title 28, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by inserting before the 
        period at the end the following: ``, including the appointment 
        of qualified tribal prosecutors and other qualified attorneys 
        to assist in prosecuting Federal offenses committed in Indian 
        country''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(c) Sense of Congress Regarding Consultation.--It is the 
sense of Congress that, in appointing attorneys 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.''.</DELETED>
<DELETED>    (b) Tribal Liaisons.--The Indian Law Enforcement Reform 
Act (25 U.S.C. 2801 et seq.) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 11. ASSISTANT UNITED STATES ATTORNEY TRIBAL 
              LIAISONS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Duties.--A tribal liaison shall be responsible for 
the following activities in the district of the tribal 
liaison:</DELETED>
        <DELETED>    ``(1) Coordinating the prosecution of Federal 
        crimes that occur in Indian country.</DELETED>
        <DELETED>    ``(2) Developing multidisciplinary teams to combat 
        child abuse and domestic and sexual violence offenses against 
        Indians.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Developing working relationships and 
        maintaining communication with tribal leaders, tribal community 
        and victims' advocates, and tribal justice officials to gather 
        information from, and share appropriate information with, 
        tribal justice officials.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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 country crimes.</DELETED>
        <DELETED>    ``(7) Conducting training sessions and seminars to 
        certify special law enforcement commissions to tribal justice 
        officials and other individuals and entities responsible for 
        responding to Indian country crimes.</DELETED>
        <DELETED>    ``(8) Coordinating with the Office of Indian 
        Country Crime, as necessary.</DELETED>
        <DELETED>    ``(9) Conducting such other activities to address 
        and prevent violent crime in Indian country as the applicable 
        United States Attorney determines to be appropriate.</DELETED>
<DELETED>    ``(c) Sense of Congress Regarding Evaluations of Tribal 
Liaisons.--</DELETED>
        <DELETED>    ``(1) Findings.--Congress finds that--</DELETED>
                <DELETED>    ``(A) many tribal communities rely solely 
                on United States Attorneys offices to prosecute felony 
                and misdemeanor crimes occurring on Indian land; 
                and</DELETED>
                <DELETED>    ``(B) tribal liaisons have dual 
                obligations of--</DELETED>
                        <DELETED>    ``(i) coordinating prosecutions of 
                        Indian country crime; and</DELETED>
                        <DELETED>    ``(ii) developing relationships 
                        with tribal communities and serving as a link 
                        between tribal communities and the Federal 
                        justice process.</DELETED>
        <DELETED>    ``(2) Sense of congress.--It is the sense of 
        Congress that the Attorney General should--</DELETED>
                <DELETED>    ``(A) take all appropriate actions to 
                encourage the aggressive prosecution of all crimes 
                committed in Indian country; and</DELETED>
                <DELETED>    ``(B) when appropriate, take into 
                consideration the dual responsibilities of tribal 
                liaisons described in paragraph (1)(B) in evaluating 
                the performance of the tribal liaisons.</DELETED>
<DELETED>    ``(d) Enhanced Prosecution of Minor Crimes.--</DELETED>
        <DELETED>    ``(1) In general.--Each United States Attorney 
        serving a district that includes Indian country is authorized 
        and encouraged--</DELETED>
                <DELETED>    ``(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 improve the administration of 
                justice, and particularly when--</DELETED>
                        <DELETED>    ``(i) the crime rate exceeds the 
                        national average crime rate; or</DELETED>
                        <DELETED>    ``(ii) the rate at which criminal 
                        offenses are declined to be prosecuted exceeds 
                        the national average declination 
                        rate;</DELETED>
                <DELETED>    ``(B) to coordinate with applicable United 
                States magistrate and district courts--</DELETED>
                        <DELETED>    ``(i) to ensure the provision of 
                        docket time for prosecutions of Indian country 
                        crimes; and</DELETED>
                        <DELETED>    ``(ii) to hold trials and other 
                        proceedings in Indian country, as 
                        appropriate;</DELETED>
                <DELETED>    ``(C) to provide to appointed Special 
                Assistant United States Attorneys appropriate training, 
                supervision, and staff support; and</DELETED>
                <DELETED>    ``(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 subsection.</DELETED>
        <DELETED>    ``(2) Sense of congress regarding consultation.--
        It is the sense of Congress that, in appointing Special 
        Assistant United States Attorneys under this subsection, a 
        United States Attorney should consult with tribal justice 
        officials of each Indian tribe that would be affected by the 
        appointment.''.</DELETED>

<DELETED>SEC. 104. ADMINISTRATION.</DELETED>

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

<DELETED>``SEC. 106. OFFICE OF TRIBAL JUSTICE.</DELETED>

<DELETED>    ``(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 determines to be necessary to establish the Office of 
Tribal Justice as a permanent division of the Department.</DELETED>
<DELETED>    ``(b) Personnel and Funding.--The Attorney General shall 
provide to the Office of Tribal Justice such personnel and funds as are 
necessary to establish the Office of Tribal Justice as a division of 
the Department under subsection (a).</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) serve as the program and legal policy 
        advisor to the Attorney General with respect to the treaty and 
        trust relationship between the United States and Indian 
        tribes;</DELETED>
        <DELETED>    ``(2) serve as the point of contact for federally 
        recognized tribal governments and tribal organizations with 
        respect to questions and comments regarding policies and 
        programs of the Department and issues relating to public safety 
        and justice in Indian country; and</DELETED>
        <DELETED>    ``(3) coordinate with other bureaus, agencies, 
        offices, and divisions within the Department of Justice to 
        ensure that each component has an accountable process to ensure 
        meaningful and timely consultation with tribal leaders in the 
        development of regulatory policies and other actions that 
        affect--</DELETED>
                <DELETED>    ``(A) the trust responsibility of the 
                United States to Indian tribes;</DELETED>
                <DELETED>    ``(B) any tribal treaty 
                provision;</DELETED>
                <DELETED>    ``(C) the status of Indian tribes as a 
                sovereign governments; or</DELETED>
                <DELETED>    ``(D) any other tribal 
                interest.''.</DELETED>
<DELETED>    (b) Office of Indian Country Crime.--The Indian Law 
Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as amended by section 
103(b)) is amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 12. OFFICE OF INDIAN COUNTRY CRIME.</DELETED>

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

   <DELETED>TITLE II--STATE ACCOUNTABILITY AND COORDINATION</DELETED>

<DELETED>SEC. 201. STATE CRIMINAL JURISDICTION AND RESOURCES.</DELETED>

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

<DELETED>``SEC. 401. ASSUMPTION BY STATE OF CRIMINAL 
              JURISDICTION.</DELETED>

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

<DELETED>SEC. 202. INCENTIVES FOR STATE, TRIBAL, AND LOCAL LAW 
              ENFORCEMENT COOPERATION.</DELETED>

<DELETED>    (a) Establishment of Cooperative Assistance Program.--The 
Attorney General may provide grants, technical assistance, and other 
assistance to State, tribal, and local governments that enter into 
cooperative agreements, including agreements relating to mutual aid, 
hot pursuit of suspects, and cross-deputization for the purposes of--
</DELETED>
        <DELETED>    (1) improving law enforcement effectiveness; 
        and</DELETED>
        <DELETED>    (2) reducing crime in Indian country and nearby 
        communities.</DELETED>
<DELETED>    (b) Program Plans.--</DELETED>
        <DELETED>    (1) In general.--To be eligible to receive 
        assistance under this section, a group composed of not less 
        than 1 of each of a tribal government and a State or local 
        government shall jointly develop and submit to the Attorney 
        General a plan for a program to achieve the purpose described 
        in subsection (a).</DELETED>
        <DELETED>    (2) Plan requirements.--A joint program plan under 
        paragraph (1) shall include a description of--</DELETED>
                <DELETED>    (A) the proposed cooperative tribal and 
                State or local law enforcement program for which 
                funding is sought, including information on the 
                population and each geographic area to be served by the 
                program;</DELETED>
                <DELETED>    (B) the need of the proposed program for 
                funding under this section, the amount of funding 
                requested, and the proposed use of funds, subject to 
                the requirements listed in subsection (c);</DELETED>
                <DELETED>    (C) the unit of government that will 
                administer any assistance received under this section, 
                and the method by which the assistance will be 
                distributed;</DELETED>
                <DELETED>    (D) the types of law enforcement services 
                to be performed on each applicable Indian reservation 
                and the individuals and entities that will perform 
                those services;</DELETED>
                <DELETED>    (E) the individual or group of individuals 
                who will exercise daily supervision and control over 
                law enforcement officers participating in the 
                program;</DELETED>
                <DELETED>    (F) the method by which local and tribal 
                government input with respect to the planning and 
                implementation of the program will be 
                ensured;</DELETED>
                <DELETED>    (G) the policies of the program regarding 
                mutual aid, hot pursuit of suspects, deputization, 
                training, and insurance of applicable law enforcement 
                officers;</DELETED>
                <DELETED>    (H) the recordkeeping procedures and types 
                of data to be collected pursuant to the program; 
                and</DELETED>
                <DELETED>    (I) other information that the Attorney 
                General determines to be relevant.</DELETED>
<DELETED>    (c) Permissible Uses of Funds.--An eligible entity that 
receives a grant under this section may use the grant, in accordance 
with the program plan described in subsection (b)--</DELETED>
        <DELETED>    (1) to hire and train new career tribal, State, or 
        local law enforcement officers, or to make overtime payments 
        for current law enforcement officers, that are or will be 
        dedicated to--</DELETED>
                <DELETED>    (A) policing tribal land and nearby lands; 
                and</DELETED>
                <DELETED>    (B) investigating alleged crimes on those 
                lands;</DELETED>
        <DELETED>    (2) procure equipment, technology, or support 
        systems to be used to investigate crimes and share information 
        between tribal, State, and local law enforcement agencies; 
        or</DELETED>
        <DELETED>    (3) for any other uses that the Attorney General 
        determines will meet the purposes described in subsection 
        (a).</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) The size and population of each Indian 
        reservation and nearby community proposed to be served by the 
        program.</DELETED>
        <DELETED>    (2) The complexity of the law enforcement problems 
        proposed to be addressed by the program.</DELETED>
        <DELETED>    (3) The range of services proposed to be provided 
        by the program.</DELETED>
        <DELETED>    (4) The proposed improvements the program will 
        make regarding law enforcement cooperation beyond existing 
        levels of cooperation.</DELETED>
        <DELETED>    (5) The crime rates of the tribal and nearby 
        communities.</DELETED>
        <DELETED>    (6) The available resources of each entity 
        applying for a grant under this section for dedication to 
        public safety in the respective jurisdictions of the 
        entities.</DELETED>
<DELETED>    (e) Annual Reports.--To be eligible to renew or extend a 
grant under this section, a group described in subsection (b)(1) shall 
submit to the Attorney General, together with the joint program plan 
under subsection (b), a report describing the law enforcement 
activities carried out pursuant to the program during the preceding 
fiscal year, including the success of the activities, including any 
increase in arrests or prosecutions.</DELETED>
<DELETED>    (f) Reports by Attorney General.--Not later than January 
15 of each applicable fiscal year, the Attorney General shall submit to 
the Committee on Indian Affairs of the Senate and the Committee on 
Natural Resources of the House of Representatives a report describing 
the law enforcement programs carried out using assistance provided 
under this section during the preceding fiscal year, including the 
success of the programs.</DELETED>
<DELETED>    (g) Technical Assistance.--On receipt of a request from a 
group composed of not less than 1 tribal government and 1 State or 
local government, the Attorney General shall provide technical 
assistance to the group to develop successful cooperative relationships 
that effectively combat crime in Indian country and nearby 
communities.</DELETED>
<DELETED>    (h) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this section 
for each of fiscal years 2010 through 2014.</DELETED>

  <DELETED>TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND 
                      TRIBAL GOVERNMENTS</DELETED>

<DELETED>SEC. 301. TRIBAL POLICE OFFICERS.</DELETED>

<DELETED>    (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)) (as amended by section 101(b)(4)) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) by striking ``(e)(1) The Secretary'' 
                and inserting the following:</DELETED>
<DELETED>    ``(e) Standards of Education and Experience and 
Classification of Positions.--</DELETED>
        <DELETED>    ``(1) Standards of education and experience.--
        </DELETED>
                <DELETED>    ``(A) In general.--The Secretary''; 
                and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(B) Training.--The training standards 
                established under subparagraph (A) shall permit law 
                enforcement personnel of the Office of Justice Services 
                or an Indian tribe to obtain training at a State or 
                tribal police academy, a local or tribal community 
                college, or another training academy that meets the 
                relevant Peace Officer Standards and 
                Training.'';</DELETED>
        <DELETED>    (2) in paragraph (3), by striking ``Agencies'' and 
        inserting ``agencies''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(4) Background checks for officers.--The Office 
        of Justice Services shall develop standards and deadlines for 
        the provision of background checks for tribal law enforcement 
        and corrections officials that ensure that a response to a 
        request by an Indian tribe for such a background check shall be 
        provided by not later than 60 days after the date of receipt of 
        the request, unless an adequate reason for failure to respond 
        by that date is provided to the Indian tribe.''.</DELETED>
<DELETED>    (b) Special Law Enforcement Commissions.--Section 5(a) of 
the Indian Law Enforcement Reform Act (25 U.S.C. 2804(a)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``(a) The Secretary may enter into 
        an agreement'' and inserting the following:</DELETED>
<DELETED>    ``(a) Agreements.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 180 days after 
        the date of enactment of the Tribal Law and Order Act of 2009, 
        the Secretary shall establish procedures to enter into 
        memoranda of agreement'';</DELETED>
        <DELETED>    (2) in the second sentence, by striking ``The 
        Secretary'' and inserting the following:</DELETED>
        <DELETED>    ``(2) Certain activities.--The Secretary''; 
        and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(3) Program enhancement.--</DELETED>
                <DELETED>    ``(A) Training sessions in indian 
                country.--</DELETED>
                        <DELETED>    ``(i) In general.--The procedures 
                        described in paragraph (1) shall include the 
                        development of a plan to enhance the 
                        certification and provision of special law 
                        enforcement commissions to tribal law 
                        enforcement officials, and, subject to 
                        subsection (d), State and local law enforcement 
                        officials, pursuant to this section.</DELETED>
                        <DELETED>    ``(ii) Inclusions.--The plan under 
                        clause (i) shall include the hosting of 
                        regional training sessions in Indian country, 
                        not less frequently than biannually, to educate 
                        and certify candidates for the special law 
                        enforcement commissions.</DELETED>
                <DELETED>    ``(B) Memoranda of agreement.--</DELETED>
                        <DELETED>    ``(i) In general.--Not later than 
                        180 days after the date of enactment of the 
                        Tribal Law and Order Act of 2009, the 
                        Secretary, in consultation with Indian tribes 
                        and tribal law enforcement agencies, shall 
                        develop minimum requirements to be included in 
                        special law enforcement commission agreements 
                        pursuant to this section.</DELETED>
                        <DELETED>    ``(ii) Agreement.--Not later than 
                        60 days after the date on which the Secretary 
                        determines that all applicable requirements 
                        under clause (i) are met, the Secretary shall 
                        offer to enter into a special law enforcement 
                        commission agreement with the applicable Indian 
                        tribe.''.</DELETED>
<DELETED>    (c) Indian Law Enforcement Foundation.--The Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) is 
amended by adding at the end the following:</DELETED>

   <DELETED>``TITLE VII--INDIAN LAW ENFORCEMENT FOUNDATION</DELETED>

<DELETED>``SEC. 701. INDIAN LAW ENFORCEMENT FOUNDATION.</DELETED>

<DELETED>    ``(a) Establishment.--As soon as practicable after the 
date of enactment of this title, the Secretary shall establish, under 
the laws of the District of Columbia and in accordance with this title, 
a foundation, to be known as the `Indian Law Enforcement Foundation' 
(referred to in this section as the `Foundation').</DELETED>
<DELETED>    ``(b) Duties.--The Foundation shall--</DELETED>
        <DELETED>    ``(1) encourage, accept, and administer, in 
        accordance with the terms of each donation, private gifts of 
        real and personal property, and any income from or interest in 
        such gifts, for the benefit of, or in support of, public safety 
        and justice services in American Indian and Alaska Native 
        communities; and</DELETED>
        <DELETED>    ``(2) assist the Office of Justice Services of the 
        Bureau of Indian Affairs and Indian tribal governments in 
        funding and conducting activities and providing education to 
        advance and support the provision of public safety and justice 
        services in American Indian and Alaska Native 
        communities.''.</DELETED>
<DELETED>    (d) Acceptance and Assistance.--Section 5 of the Indian 
Law Enforcement Reform Act (25 U.S.C. 2804) is amended by adding at the 
end the following:</DELETED>
<DELETED>    ``(g) Acceptance of Assistance.--The Bureau may accept 
reimbursement, resources, assistance, or funding from--</DELETED>
        <DELETED>    ``(1) a Federal, tribal, State, or other 
        government agency; or</DELETED>
        <DELETED>    ``(2) the Indian Law Enforcement Foundation 
        established under section 701(a) of the Indian Self-
        Determination and Education Assistance Act.''.</DELETED>

<DELETED>SEC. 302. DRUG ENFORCEMENT IN INDIAN COUNTRY.</DELETED>

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

<DELETED>SEC. 303. ACCESS TO NATIONAL CRIMINAL INFORMATION 
              DATABASES.</DELETED>

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

<DELETED>SEC. 304. TRIBAL COURT SENTENCING AUTHORITY.</DELETED>

<DELETED>    (a) Constitutional Rights.--Section 202 of Public Law 90-
284 (25 U.S.C. 1302) is amended--</DELETED>
        <DELETED>    (1) in the matter preceding paragraph (1), by 
        striking ``No Indian tribe'' and inserting the 
        following:</DELETED>
<DELETED>    ``(a) In General.--No Indian tribe'';</DELETED>
        <DELETED>    (2) in paragraph (7) of subsection (a) (as 
        designated by paragraph (1)), by striking ``and a fine'' and 
        inserting ``or a fine''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Tribal Courts and Prisoners.--</DELETED>
        <DELETED>    ``(1) In general.--Notwithstanding paragraph (7) 
        of subsection (a) and in addition to the limitations described 
        in the other paragraphs of that subsection, no Indian tribe, in 
        exercising any power of self-government involving a criminal 
        trial that subjects a defendant to more than 1 year 
        imprisonment for any single offense, may--</DELETED>
                <DELETED>    ``(A) deny any person in such a criminal 
                proceeding the assistance of a defense attorney 
                licensed to practice law in any jurisdiction in the 
                United States;</DELETED>
                <DELETED>    ``(B) require excessive bail, impose an 
                excessive fine, inflict a cruel or unusual punishment, 
                or impose for conviction of a single offense any 
                penalty or punishment greater than imprisonment for a 
                term of 3 years or a fine of $15,000, or both; 
                or</DELETED>
                <DELETED>    ``(C) deny any person in such a criminal 
                proceeding the due process of law.</DELETED>
        <DELETED>    ``(2) Authority.--An Indian tribe exercising 
        authority pursuant to this subsection shall--</DELETED>
                <DELETED>    ``(A) require that each judge presiding 
                over an applicable criminal case is licensed to 
                practice law in any jurisdiction in the United States; 
                and</DELETED>
                <DELETED>    ``(B) make publicly available the criminal 
                laws (including regulations and interpretive documents) 
                of the Indian tribe.</DELETED>
        <DELETED>    ``(3) Sentences.--A tribal court acting pursuant 
        to paragraph (1) may require a convicted offender--</DELETED>
                <DELETED>    ``(A) to serve the sentence--</DELETED>
                        <DELETED>    ``(i) in a tribal correctional 
                        center that has been approved by the Bureau of 
                        Indian Affairs for long-term incarceration, in 
                        accordance with guidelines developed by the 
                        Bureau of Indian Affairs, in consultation with 
                        Indian tribes;</DELETED>
                        <DELETED>    ``(ii) in the nearest appropriate 
                        Federal facility, at the expense of the United 
                        States pursuant to a memorandum of agreement 
                        with Bureau of Prisons in accordance with 
                        paragraph (4);</DELETED>
                        <DELETED>    ``(iii) in a State or local 
                        government-approved detention or correctional 
                        center pursuant to an agreement between the 
                        Indian tribe and the State or local government; 
                        or</DELETED>
                        <DELETED>    ``(iv) subject to paragraph (1), 
                        in an alternative rehabilitation center of an 
                        Indian tribe; or</DELETED>
                <DELETED>    ``(B) to serve another alternative form of 
                punishment, as determined by the tribal court judge 
                pursuant to tribal law.</DELETED>
        <DELETED>    ``(4) Memoranda of agreement.--A memorandum of 
        agreement between an Indian tribe and the Bureau of Prisons 
        under paragraph (2)(A)(ii)--</DELETED>
                <DELETED>    ``(A) shall acknowledge that the United 
                States will incur all costs involved, including the 
                costs of transfer, housing, medical care, 
                rehabilitation, and reentry of transferred 
                prisoners;</DELETED>
                <DELETED>    ``(B) shall limit the transfer of 
                prisoners to prisoners convicted in tribal court of 
                violent crimes, crimes involving sexual abuse, and 
                serious drug offenses, as determined by the Bureau of 
                Prisons, in consultation with tribal governments, by 
                regulation;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(D) shall contain such other 
                requirements as the Bureau of Prisons, in consultation 
                with the Bureau of Indian Affairs and tribal 
                governments, may determine, by regulation; 
                and</DELETED>
                <DELETED>    ``(E) shall be executed and carried out 
                not later than 180 days after the date on which the 
                applicable Indian tribe first contacts the Bureau of 
                Prisons to accept a transfer of a tribal court offender 
                pursuant to this subsection.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Grants and Contracts.--Section 1007(b) of the Economic 
Opportunity Act of 1964 (42 U.S.C. 2996f(b)) is amended by striking 
paragraph (2) and inserting the following:</DELETED>
        <DELETED>    ``(2) to provide legal assistance with respect to 
        any criminal proceeding, except to provide assistance to a 
        person charged with an offense in an Indian tribal 
        court;''.</DELETED>

<DELETED>SEC. 305. INDIAN LAW AND ORDER COMMISSION.</DELETED>

<DELETED>    (a) Establishment.--There is established a commission to 
be known as the Indian Law and Order Commission (referred to in this 
section as the ``Commission'').</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) In general.--The Commission shall be composed 
        of 9 members, of whom--</DELETED>
                <DELETED>    (A) 3 shall be appointed by the President, 
                in consultation with--</DELETED>
                        <DELETED>    (i) the Attorney General; 
                        and</DELETED>
                        <DELETED>    (ii) the Secretary of the 
                        Interior;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (D) 2 shall be appointed by the Speaker of 
                the House of Representatives, in consultation with the 
                Chairperson of the Committee on Natural Resources of 
                the House of Representatives; and</DELETED>
                <DELETED>    (E) 1 shall be appointed by the minority 
                leader of the House of Representatives, in consultation 
                with the Ranking Member of the Committee on Natural 
                Resources of the House of Representatives.</DELETED>
        <DELETED>    (2) Requirements for eligibility.--Each member of 
        the Commission shall have significant experience and expertise 
        in--</DELETED>
                <DELETED>    (A) the Indian country criminal justice 
                system; and</DELETED>
                <DELETED>    (B) matters to be studied by the 
                Commission.</DELETED>
        <DELETED>    (3) Consultation required.--The President, the 
        Speaker and minority leader of the House of Representatives, 
        and the majority leader and minority leader of the Senate shall 
        consult before the appointment of members of the Commission 
        under paragraph (1) to achieve, to the maximum extent 
        practicable, fair and equitable representation of various 
        points of view with respect to the matters to be studied by the 
        Commission.</DELETED>
        <DELETED>    (4) Term.--Each member shall be appointed for the 
        life of the Commission.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Vacancies.--A vacancy in the Commission shall 
        be filled--</DELETED>
                <DELETED>    (A) in the same manner in which the 
                original appointment was made; and</DELETED>
                <DELETED>    (B) not later than 60 days after the date 
                on which the vacancy occurred.</DELETED>
<DELETED>    (c) Operation.--</DELETED>
        <DELETED>    (1) Chairperson.--Not later than 15 days after the 
        date on which all members of the Commission have been 
        appointed, the Commission shall select 1 member to serve as 
        Chairperson of the Commission.</DELETED>
        <DELETED>    (2) Meetings.--</DELETED>
                <DELETED>    (A) In general.--The Commission shall meet 
                at the call of the Chairperson.</DELETED>
                <DELETED>    (B) Initial meeting.--The initial meeting 
                shall take place not later than 30 days after the date 
                described in paragraph (1).</DELETED>
        <DELETED>    (3) Quorum.--A majority of the members of the 
        Commission shall constitute a quorum, but a lesser number of 
        members may hold hearings.</DELETED>
        <DELETED>    (4) Rules.--The Commission may establish, by 
        majority vote, any rules for the conduct of Commission 
        business, in accordance with this Act and other applicable 
        law.</DELETED>
<DELETED>    (d) Comprehensive Study of Criminal Justice System 
Relating to Indian Country.--The Commission shall conduct a 
comprehensive study of law enforcement and criminal justice in tribal 
communities, including--</DELETED>
        <DELETED>    (1) jurisdiction over crimes committed in Indian 
        country and the impact of that jurisdiction on--</DELETED>
                <DELETED>    (A) the investigation and prosecution of 
                Indian country crimes; and</DELETED>
                <DELETED>    (B) residents of Indian land;</DELETED>
        <DELETED>    (2) the tribal jail and Federal prisons systems 
        and the effect of those systems with respect to--</DELETED>
                <DELETED>    (A) reducing Indian country crime; 
                and</DELETED>
                <DELETED>    (B) rehabilitation of offenders;</DELETED>
        <DELETED>    (3)(A) tribal juvenile justice systems and the 
        Federal juvenile justice system as relating to Indian country; 
        and</DELETED>
        <DELETED>    (B) the effect of those systems and related 
        programs in preventing juvenile crime, rehabilitating Indian 
        youth in custody, and reducing recidivism among Indian 
        youth;</DELETED>
        <DELETED>    (4) the impact of the Indian Civil Rights Act of 
        1968 (25 U.S.C. 1301 et seq.) on--</DELETED>
                <DELETED>    (A) the authority of Indian tribes; 
                and</DELETED>
                <DELETED>    (B) the rights of defendants subject to 
                tribal government authority; and</DELETED>
        <DELETED>    (5) studies of such other subjects as the 
        Commission determines relevant to achieve the purposes of the 
        Tribal Law and Order Act of 2009.</DELETED>
<DELETED>    (e) Recommendations.--Taking into consideration the 
results of the study under paragraph (1), the Commission shall develop 
recommendations on necessary modifications and improvements to justice 
systems at the tribal, Federal, and State levels, including 
consideration of--</DELETED>
        <DELETED>    (1) simplifying jurisdiction in Indian 
        country;</DELETED>
        <DELETED>    (2) improving services and programs--</DELETED>
                <DELETED>    (A) to prevent juvenile crime on Indian 
                land;</DELETED>
                <DELETED>    (B) to rehabilitate Indian youth in 
                custody; and</DELETED>
                <DELETED>    (C) to reduce recidivism among Indian 
                youth;</DELETED>
        <DELETED>    (3) enhancing the penal authority of tribal courts 
        and exploring alternatives to incarceration;</DELETED>
        <DELETED>    (4) the establishment of satellite United States 
        magistrate or district courts in Indian country;</DELETED>
        <DELETED>    (5) changes to the tribal jails and Federal prison 
        systems; and</DELETED>
        <DELETED>    (6) other issues that, as determined by the 
        Commission, would reduce violent crime in Indian 
        country.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) a detailed statement of the findings and 
        conclusions of the Commission; and</DELETED>
        <DELETED>    (2) the recommendations of the Commission for such 
        legislative and administrative actions as the Commission 
        considers to be appropriate.</DELETED>
<DELETED>    (g) Powers.--</DELETED>
        <DELETED>    (1) Hearings.--</DELETED>
                <DELETED>    (A) In general.--The Commission may hold 
                such hearings, meet and act at such times and places, 
                take such testimony, and receive such evidence as the 
                Commission considers to be advisable to carry out the 
                duties of the Commission under this section.</DELETED>
                <DELETED>    (B) Public requirement.--The hearings of 
                the Commission under this paragraph shall be open to 
                the public.</DELETED>
        <DELETED>    (2) Witness expenses.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Per diem and mileage.--The per diem 
                and mileage allowance for a witness shall be paid from 
                funds made available to the Commission.</DELETED>
        <DELETED>    (3) Information from federal, tribal, and state 
        agencies.--</DELETED>
                <DELETED>    (A) In general.--The Commission may secure 
                directly from a Federal agency such information as the 
                Commission considers to be necessary to carry out this 
                section.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Gifts.--The Commission may accept, use, and 
        dispose of gifts or donations of services or 
        property.</DELETED>
<DELETED>    (h) Commission Personnel Matters.--</DELETED>
        <DELETED>    (1) Travel expenses.--A member of the Commission 
        shall be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the 
        Commission.</DELETED>
        <DELETED>    (2) Detail of federal employees.--On the 
        affirmative vote of </DELETED>\<DELETED>2/3</DELETED>\ 
        <DELETED>of the members of the Commission and the approval of 
        the appropriate Federal agency head, an employee of the Federal 
        Government may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status, benefits, or 
        privileges.</DELETED>
        <DELETED>    (3) Procurement of temporary and intermittent 
        services.--On request of the Commission, the Attorney General 
        and Secretary shall provide to the Commission reasonable and 
        appropriate office space, supplies, and administrative 
        assistance.</DELETED>
<DELETED>    (i) Contracts for Research.--</DELETED>
        <DELETED>    (1) Researchers and experts.--</DELETED>
                <DELETED>    (A) In general.--On an affirmative vote of 
                </DELETED>\<DELETED>2/3</DELETED>\ <DELETED>of the 
                members of the Commission, the Commission may select 
                nongovernmental researchers and experts to assist the 
                Commission in carrying out the duties of the Commission 
                under this section.</DELETED>
                <DELETED>    (B) National institute of justice.--The 
                National Institute of Justice may enter into a contract 
                with the researchers and experts selected by the 
                Commission under subparagraph (A) to provide funding in 
                exchange for the services of the researchers and 
                experts.</DELETED>
        <DELETED>    (2) Other organizations.--Nothing in this 
        subsection limits the ability of the Commission to enter into 
        contracts with any other entity or organization to carry out 
        research necessary to carry out the duties of the Commission 
        under this section.</DELETED>
<DELETED>    (j) Tribal Advisory Committee.--</DELETED>
        <DELETED>    (1) Establishment.--The Commission shall establish 
        a committee, to be known as the ``Tribal Advisory 
        Committee''.</DELETED>
        <DELETED>    (2) Membership.--</DELETED>
                <DELETED>    (A) Composition.--The Tribal Advisory 
                Committee shall consist of 2 representatives of Indian 
                tribes from each region of the Bureau of Indian 
                Affairs.</DELETED>
                <DELETED>    (B) Qualifications.--Each member of the 
                Tribal Advisory Committee shall have experience 
                relating to--</DELETED>
                        <DELETED>    (i) justice systems;</DELETED>
                        <DELETED>    (ii) crime prevention; 
                        or</DELETED>
                        <DELETED>    (iii) victim services.</DELETED>
        <DELETED>    (3) Duties.--The Tribal Advisory Committee shall--
        </DELETED>
                <DELETED>    (A) serve as an advisory body to the 
                Commission; and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (k) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section, to remain available until expended.</DELETED>
<DELETED>    (l) Termination of Commission.--The Commission shall 
terminate 90 days after the date on which the Commission submits the 
report of the Commission under subsection (c)(3).</DELETED>
<DELETED>    (m) Nonapplicability of FACA.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.</DELETED>

          <DELETED>TITLE IV--TRIBAL JUSTICE SYSTEMS</DELETED>

<DELETED>SEC. 401. INDIAN ALCOHOL AND SUBSTANCE ABUSE.</DELETED>

<DELETED>    (a) Correction of References.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) in subsection (a)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        paragraph (1)--</DELETED>
                                <DELETED>    (I) by striking ``the date 
                                of enactment of this subtitle'' and 
                                inserting ``the date of enactment of 
                                the Tribal Law and Order Act of 2009''; 
                                and</DELETED>
                                <DELETED>    (II) by inserting ``, the 
                                Attorney General,'' after ``Secretary 
                                of the Interior'';</DELETED>
                        <DELETED>    (ii) in paragraph (2)(A), by 
                        inserting ``, Bureau of Justice Assistance, 
                        Substance Abuse and Mental Health Services 
                        Administration,'' after ``Bureau of Indian 
                        Affairs,'';</DELETED>
                        <DELETED>    (iii) in paragraph (4), by 
                        inserting ``, Department of Justice, Substance 
                        Abuse and Mental Health Services 
                        Administration,'' after ``Bureau of Indian 
                        Affairs'';</DELETED>
                        <DELETED>    (iv) in paragraph (5), by 
                        inserting ``, Department of Justice, Substance 
                        Abuse and Mental Health Services 
                        Administration,'' after ``Bureau of Indian 
                        Affairs''; and</DELETED>
                        <DELETED>    (v) in paragraph (7), by inserting 
                        ``, the Attorney General,'' after ``Secretary 
                        of the Interior'';</DELETED>
                <DELETED>    (B) in subsection (c), by inserting ``, 
                the Attorney General,'' after ``Secretary of the 
                Interior''; and</DELETED>
                <DELETED>    (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 2009''.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) in subsection (b), in the first 
                sentence, by inserting ``, the Bureau of Justice 
                Assistance, the Substance Abuse and Mental Health 
                Services Administration,'' before ``and the Indian 
                Health Service service unit'';</DELETED>
                <DELETED>    (B) in subsection (c)(1)(A)(i), by 
                inserting ``, the Bureau of Justice Assistance, the 
                Substance Abuse and Mental Health Services 
                Administration,'' before ``and the Indian Health 
                Service service unit'';</DELETED>
                <DELETED>    (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 2010 through 2014'';</DELETED>
                <DELETED>    (D) in subsection (e), in the first 
                sentence, by inserting ``, the Attorney General,'' 
                after ``the Secretary of the Interior''; and</DELETED>
                <DELETED>    (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 2010 through 2014''.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) in subsection (a), by inserting ``, 
                the Attorney General'' after ``Bureau of Indian 
                Affairs'';</DELETED>
                <DELETED>    (B) in subsection (b)--</DELETED>
                        <DELETED>    (i) by striking paragraph (1) and 
                        inserting the following:</DELETED>
        <DELETED>    ``(1) Establishment.--</DELETED>
                <DELETED>    ``(A) In general.--To improve coordination 
                among the Federal agencies and departments carrying out 
                this subtitle, there is established within the 
                Substance Abuse and Mental Health Services 
                Administration an office, to be known as the `Office of 
                Indian Alcohol and Substance Abuse' (referred to in 
                this section as the `Office').</DELETED>
                <DELETED>    ``(B) Director.--The director of the 
                Office shall be appointed by the Director of the 
                Substance Abuse and Mental Health Services 
                Administration--</DELETED>
                        <DELETED>    ``(i) on a permanent basis; 
                        and</DELETED>
                        <DELETED>    ``(ii) at a grade of not less than 
                        GS-15 of the General Schedule.'';</DELETED>
                        <DELETED>    (ii) in paragraph (2)--</DELETED>
                                <DELETED>    (I) by striking ``(2) In 
                                addition'' and inserting the 
                                following:</DELETED>
        <DELETED>    ``(2) Responsibilities of office.--In 
        addition'';</DELETED>
                                <DELETED>    (II) by striking 
                                subparagraph (A) and inserting the 
                                following:</DELETED>
                <DELETED>    ``(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;'';</DELETED>
                                <DELETED>    (III) in subparagraph 
                                (B)--</DELETED>
                                        <DELETED>    (aa) by striking 
                                        ``within the Bureau of Indian 
                                        Affairs''; and</DELETED>
                                        <DELETED>    (bb) by striking 
                                        the period at the end and 
                                        inserting ``; and''; 
                                        and</DELETED>
                                <DELETED>    (IV) by adding at the end 
                                the following:</DELETED>
                <DELETED>    ``(C) not later than 1 year after the date 
                of enactment of the Tribal Law and Order Act of 2009, 
                developing, in coordination and consultation with 
                tribal governments, a framework for interagency and 
                tribal coordination that--</DELETED>
                        <DELETED>    ``(i) establish the goals and 
                        other desired outcomes of this Act;</DELETED>
                        <DELETED>    ``(ii) prioritizes outcomes that 
                        are aligned with the purposes of affected 
                        agencies;</DELETED>
                        <DELETED>    ``(iii) provides guidelines for 
                        resource and information sharing;</DELETED>
                        <DELETED>    ``(iv) provides technical 
                        assistance to the affected agencies to 
                        establish effective and permanent interagency 
                        communication and coordination; and</DELETED>
                        <DELETED>    ``(v) determines whether 
                        collaboration is feasible, cost-effective, and 
                        within agency capability.''; and</DELETED>
                        <DELETED>    (iii) by striking paragraph (3) 
                        and inserting the following:</DELETED>
        <DELETED>    ``(3) Appointment of employees.--The Director of 
        the Substance Abuse and Mental Health Services Administration 
        shall appoint such employees to work in the Office, and shall 
        provide such funding, services, and equipment, as may be 
        necessary to enable the Office to carry out the 
        responsibilities under this subsection.''; and</DELETED>
                <DELETED>    (C) in subsection (c)--</DELETED>
                        <DELETED>    (i) by striking ``of Alcohol and 
                        Substance Abuse'' each place it 
                        appears;</DELETED>
                        <DELETED>    (ii) in paragraph (1), in the 
                        second sentence, by striking ``The Assistant 
                        Secretary of the Interior for Indian Affairs'' 
                        and inserting ``The Director of the Substance 
                        Abuse and Mental Health Services 
                        Administration''; and</DELETED>
                        <DELETED>    (iii) in paragraph (3)--</DELETED>
                                <DELETED>    (I) in the matter 
                                preceding subparagraph (A), by striking 
                                ``Youth'' and inserting ``youth''; 
                                and</DELETED>
                                <DELETED>    (II) by striking 
                                ``programs of the Bureau of Indian 
                                Affairs'' and inserting ``the 
                                applicable Federal 
                                programs''.</DELETED>
        <DELETED>    (4) Review of programs.--Section 4208a(a) of the 
        Indian Alcohol and Substance Abuse Prevention and Treatment Act 
        of 1986 (25 U.S.C. 2414a(a)) is amended in the matter preceding 
        paragraph (1) by inserting ``, the Attorney General,'' after 
        ``the Secretary of the Interior''.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) in subsection (a), by inserting ``, 
                the Attorney General,'' after ``the Secretary of the 
                Interior'';</DELETED>
                <DELETED>    (B) in subsection (b)--</DELETED>
                        <DELETED>    (i) in the first sentence, by 
                        inserting ``, the Attorney General,'' after 
                        ``the Secretary of the Interior'';</DELETED>
                        <DELETED>    (ii) in the second sentence, by 
                        inserting ``, nor the Attorney General,'' after 
                        ``the Secretary of the Interior''; 
                        and</DELETED>
                        <DELETED>    (iii) in the third sentence, by 
                        inserting ``, the Department of Justice,'' 
                        after ``the Department of the Interior''; 
                        and</DELETED>
                <DELETED>    (C) in subsection (c)(1), by inserting ``, 
                the Attorney General,'' after ``the Secretary of the 
                Interior''.</DELETED>
        <DELETED>    (6) Newsletter.--Section 4210 of the Indian 
        Alcohol and Substance Abuse Prevention and Treatment Act of 
        1986 (25 U.S.C. 2416) is amended--</DELETED>
                <DELETED>    (A) in subsection (a), in the first 
                sentence, by inserting ``, the Attorney General,'' 
                after ``the Secretary of the Interior''; and</DELETED>
                <DELETED>    (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 2010 through 2014''.</DELETED>
        <DELETED>    (7) Review.--Section 4211(a) of the Indian Alcohol 
        and Substance Abuse Prevention and Treatment Act of 1986 (25 
        U.S.C. 2431(a)) is amended in the matter preceding paragraph 
        (1) by inserting ``, the Attorney General,'' after ``the 
        Secretary of the Interior''.</DELETED>
<DELETED>    (b) Indian Education Programs.--Section 4212 of the Indian 
Alcohol and Substance Abuse Prevention Act of 1986 (25 U.S.C. 2432) is 
amended by striking subsection (a) and inserting the 
following:</DELETED>
<DELETED>    ``(a) Summer Youth Programs.--</DELETED>
        <DELETED>    ``(1) In general.--The head of the Indian Alcohol 
        and Substance Abuse Program, in coordination with the Assistant 
        Secretary for Indian Affairs, shall develop and implement 
        programs in tribal schools and schools funded by the Bureau of 
        Indian Education (subject to the approval of the local school 
        board or contract school board) to determine the effectiveness 
        of summer youth programs in advancing the purposes and goals of 
        this Act.</DELETED>
        <DELETED>    ``(2) Costs.--The head of the Indian Alcohol and 
        Substance Abuse Program and the Assistant Secretary shall 
        defray all costs associated with the actual operation and 
        support of the summer youth programs in a school from funds 
        appropriated to carry out this subsection.</DELETED>
        <DELETED>    ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out the programs under 
        this subsection such sums as are necessary for each of fiscal 
        years 2010 through 2014.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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 2010 through 2014.'';</DELETED>
        <DELETED>    (2) in paragraph (2), by striking ``$7,000,000'' 
        and all that follows through the end of the paragraph and 
        inserting ``$10,000,000 for each of fiscal years 2010 through 
        2014.''; and</DELETED>
        <DELETED>    (3) by indenting paragraphs (4) and (5) 
        appropriately.</DELETED>
<DELETED>    (d) Review of Programs.--Section 4215(a) of the Indian 
Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 
U.S.C. 2441(a)) is amended by inserting ``, the Attorney General,'' 
after ``the Secretary of the Interior''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking the comma at the end and inserting a 
                        semicolon;</DELETED>
                        <DELETED>    (ii) in subparagraph (B), by 
                        striking ``, and'' at the end and inserting a 
                        semicolon;</DELETED>
                        <DELETED>    (iii) in subparagraph (C), by 
                        striking the period at the end and inserting 
                        ``; and''; and</DELETED>
                        <DELETED>    (iv) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(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.'';</DELETED>
                <DELETED>    (B) in paragraph (2), by striking ``United 
                States Custom Service'' and inserting ``United States 
                Customs and Border Protection''; and</DELETED>
                <DELETED>    (C) by striking paragraph (3) and 
                inserting the following:</DELETED>
        <DELETED>    ``(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 2010 through 
        2014.''; and</DELETED>
        <DELETED>    (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 2010 through 2014.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) by striking subsection (a) and inserting the 
        following:</DELETED>
<DELETED>    ``(a) Training Programs.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary of the Interior, 
        in coordination with the Attorney General, the Administrator of 
        the Drug Enforcement Administration, and the Director of the 
        Federal Bureau of Investigation, shall ensure, through the 
        establishment of a new training program or by supplementing 
        existing training programs, that all Bureau of Indian Affairs 
        and tribal law enforcement and judicial personnel have access 
        to training regarding--</DELETED>
                <DELETED>    ``(A) the investigation and prosecution of 
                offenses relating to illegal narcotics; and</DELETED>
                <DELETED>    ``(B) alcohol and substance abuse 
                prevention and treatment.</DELETED>
        <DELETED>    ``(2) Youth-related training.--Any training 
        provided to Bureau of Indian Affairs or tribal law enforcement 
        or judicial personnel under paragraph (1) shall include 
        training in issues relating to youth alcohol and substance 
        abuse prevention and treatment.''; and</DELETED>
        <DELETED>    (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 2010 through 2014.''.</DELETED>
<DELETED>    (g) Juvenile Detention Centers.--Section 4220 of the 
Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 
(25 U.S.C. 2453) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``The Secretary'' the 
                first place it appears and inserting the 
                following:</DELETED>
        <DELETED>    ``(1) In general.--The Secretary'';</DELETED>
                <DELETED>    (B) in the second sentence, by striking 
                ``The Secretary shall'' and inserting the 
                following:</DELETED>
        <DELETED>    ``(2) Construction and operation.--The Secretary 
        shall''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(3) Development of plan.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 180 days 
                after the date of enactment of this paragraph, the 
                Secretary, the Director of the Substance Abuse and 
                Mental Health Services Administration, the Director of 
                the Indian Health Service, and the Attorney General, in 
                consultation with tribal leaders and tribal justice 
                officials, shall develop a long-term plan for the 
                construction, renovation, and operation of Indian 
                juvenile detention and treatment centers and 
                alternatives to detention for juvenile 
                offenders.</DELETED>
                <DELETED>    ``(B) Coordination.--The plan under 
                subparagraph (A) shall require the Bureau of Indian 
                Education and the Indian Health Service to coordinate 
                with tribal and Bureau of Indian Affairs juvenile 
                detention centers to provide services to those 
                centers.''; and</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) 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 2010 through 2014''; and</DELETED>
                <DELETED>    (B) by indenting paragraph (2) 
                appropriately.</DELETED>

<DELETED>SEC. 402. INDIAN TRIBAL JUSTICE; TECHNICAL AND LEGAL 
              ASSISTANCE.</DELETED>

<DELETED>    (a) Indian Tribal Justice.--</DELETED>
        <DELETED>    (1) Base support funding.--Section 103(b) of the 
        Indian Tribal Justice Act (25 U.S.C. 3613(b)) is amended by 
        striking paragraph (2) and inserting the following:</DELETED>
        <DELETED>    ``(2) the employment of tribal court personnel, 
        including tribal court judges, prosecutors, public defenders, 
        guardians ad litem, and court-appointed special advocates for 
        children and juveniles;''.</DELETED>
        <DELETED>    (2) Tribal justice systems.--Section 201 of the 
        Indian Tribal Justice Act (25 U.S.C. 3621) is amended--
        </DELETED>
                <DELETED>    (A) in subsection (a)--</DELETED>
                        <DELETED>    (i) by striking ``the provisions 
                        of sections 101 and 102 of this Act'' and 
                        inserting ``sections 101 and 102''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``the fiscal 
                        years 2000 through 2007'' and inserting 
                        ``fiscal years 2010 through 2014'';</DELETED>
                <DELETED>    (B) in subsection (b)--</DELETED>
                        <DELETED>    (i) by striking ``the provisions 
                        of section 103 of this Act'' and inserting 
                        ``section 103''; and</DELETED>
                        <DELETED>    (ii) by striking ``the fiscal 
                        years 2000 through 2007'' and inserting 
                        ``fiscal years 2010 through 2014'';</DELETED>
                <DELETED>    (C) in subsection (c), by striking ``the 
                fiscal years 2000 through 2007'' and inserting ``fiscal 
                years 2010 through 2014''; and</DELETED>
                <DELETED>    (D) in subsection (d), by striking ``the 
                fiscal years 2000 through 2007'' and inserting ``fiscal 
                years 2010 through 2014''.</DELETED>
<DELETED>    (b) Technical and Legal Assistance.--</DELETED>
        <DELETED>    (1) Tribal civil legal assistance grants.--Section 
        102 of the Indian Tribal Justice Technical and Legal Assistance 
        Act of 2000 (25 U.S.C. 3662) is amended by inserting 
        ``(including guardians ad litem and court-appointed special 
        advocates for children and juveniles)'' after ``civil legal 
        assistance''.</DELETED>
        <DELETED>    (2) Tribal criminal legal assistance grants.--
        Section 103 of the Indian Tribal Justice Technical and Legal 
        Assistance Act of 2000 (25 U.S.C. 3663) is amended by striking 
        ``criminal legal assistance to members of Indian tribes and 
        tribal justice systems'' and inserting ``criminal legal 
        assistance services to all defendants subject to tribal court 
        jurisdiction and judicial services for tribal 
        courts''.</DELETED>
        <DELETED>    (3) Funding.--The Indian Tribal Justice Technical 
        and Legal Assistance Act of 2000 is amended--</DELETED>
                <DELETED>    (A) in section 106 (25 U.S.C. 3666), by 
                striking ``2000 through 2004'' and inserting ``2010 
                through 2014''; and</DELETED>
                <DELETED>    (B) in section 201(d) (25 U.S.C. 3681(d)), 
                by striking ``2000 through 2004'' and inserting ``2010 
                through 2014''.</DELETED>

<DELETED>SEC. 403. TRIBAL RESOURCES GRANT PROGRAM.</DELETED>

<DELETED>    Section 1701 of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796dd) is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) in each of paragraphs (1) through (4) 
                and (6) through (17), by inserting ``to'' after the 
                paragraph designation;</DELETED>
                <DELETED>    (B) in paragraph (1), by striking ``State 
                and'' and inserting ``State, tribal, or'';</DELETED>
                <DELETED>    (C) in paragraphs (9) and (10), by 
                inserting ``, tribal,'' after ``State'' each place it 
                appears;</DELETED>
                <DELETED>    (D) in paragraph (15)--</DELETED>
                        <DELETED>    (i) by striking ``a State in'' and 
                        inserting ``a State or Indian tribe 
                        in'';</DELETED>
                        <DELETED>    (ii) by striking ``the State 
                        which'' and inserting ``the State or tribal 
                        community that''; and</DELETED>
                        <DELETED>    (iii) by striking ``a State or'' 
                        and inserting ``a State, tribal, 
                        or'';</DELETED>
                <DELETED>    (E) in paragraph (16), by striking ``and'' 
                at the end;</DELETED>
                <DELETED>    (F) in paragraph (17), by striking the 
                period at the end and inserting ``; and'';</DELETED>
                <DELETED>    (G) by redesignating paragraphs (6) 
                through (17) as paragraphs (5) through (16), 
                respectively; and</DELETED>
                <DELETED>    (H) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(17) to permit tribal governments receiving 
        direct law enforcement services from the Bureau of Indian 
        Affairs to access the program under this section on behalf of 
        the Bureau for use in accordance with paragraphs (1) through 
        (16).''.</DELETED>
        <DELETED>    (2) in subsection (i), by striking ``The 
        authority'' and inserting ``Except as provided in subsection 
        (j), the authority''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(j) Grants to Indian Tribes.--</DELETED>
        <DELETED>    ``(1) In general.--Notwithstanding subsection (i) 
        and section 1703, and in acknowledgment of the Federal nexus 
        and distinct Federal responsibility to address and prevent 
        crime in Indian country, the Attorney General shall provide 
        grants under this section to Indian tribal governments, for 
        fiscal year 2010 and any fiscal year thereafter, for such 
        period as the Attorney General determines to be appropriate to 
        assist the Indian tribal governments in carrying out the 
        purposes described in subsection (b).</DELETED>
        <DELETED>    ``(2) Priority of funding.--In providing grants to 
        Indian tribal governments under this subsection, the Attorney 
        General shall take into consideration reservation crime rates 
        and tribal law enforcement staffing needs of each Indian tribal 
        government.</DELETED>
        <DELETED>    ``(3) Federal share.--Because of the Federal 
        nature and responsibility for providing public safety on Indian 
        land, the Federal share of the cost of any activity carried out 
        using a grant under this subsection shall be 100 
        percent.</DELETED>
        <DELETED>    ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection for each of fiscal years 2010 through 
        2014.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the problem of intermittent 
        funding;</DELETED>
        <DELETED>    ``(2) the integration of COPS personnel with 
        existing law enforcement authorities; and</DELETED>
        <DELETED>    ``(3) an explanation of how the practice of 
        community policing and the broken windows theory can most 
        effectively be applied in remote tribal locations.''.</DELETED>

<DELETED>SEC. 404. TRIBAL JAILS PROGRAM.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(a) Reservation of Funds.--Notwithstanding any other 
provision of this part, of amounts made available to the Attorney 
General to carry out programs relating to offender incarceration, the 
Attorney General shall reserve $35,000,000 for each of fiscal years 
2010 through 2014 to carry out this section.''.</DELETED>
<DELETED>    (b) Regional Detention Centers.--</DELETED>
        <DELETED>    (1) In general.--Section 20109 of the Violent 
        Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) 
        is amended by striking subsection (b) and inserting the 
        following:</DELETED>
<DELETED>    ``(b) Grants to Indian Tribes.--</DELETED>
        <DELETED>    ``(1) In general.--From the amounts reserved under 
        subsection (a), the Attorney General shall provide grants--
        </DELETED>
                <DELETED>    ``(A) to Indian tribes for purposes of--
                </DELETED>
                        <DELETED>    ``(i) construction and maintenance 
                        of jails on Indian land for the incarceration 
                        of offenders subject to tribal 
                        jurisdiction;</DELETED>
                        <DELETED>    ``(ii) entering into contracts 
                        with private entities to increase the 
                        efficiency of the construction of tribal jails; 
                        and</DELETED>
                        <DELETED>    ``(iii) developing and 
                        implementing alternatives to incarceration in 
                        tribal jails;</DELETED>
                <DELETED>    ``(B) to Indian tribes for the 
                construction of tribal justice centers that combine 
                tribal police, courts, and corrections services to 
                address violations of tribal civil and criminal laws; 
                and</DELETED>
                <DELETED>    ``(C) to consortia of Indian tribes for 
                purposes of constructing and operating regional 
                detention centers on Indian land for long-term 
                incarceration of offenders subject to tribal 
                jurisdiction, as the applicable consortium determines 
                to be appropriate.</DELETED>
        <DELETED>    ``(2) Priority of funding.--In providing grants 
        under this subsection, the Attorney General shall take into 
        consideration applicable--</DELETED>
                <DELETED>    ``(A) reservation crime rates;</DELETED>
                <DELETED>    ``(B) annual tribal court convictions; 
                and</DELETED>
                <DELETED>    ``(C) bed space needs.</DELETED>
        <DELETED>    ``(3) Federal share.--Because of the Federal 
        nature and responsibility for providing public safety on Indian 
        land, the Federal share of the cost of any activity carried out 
        using a grant under this subsection shall be 100 
        percent.''.</DELETED>
        <DELETED>    (2) Conforming amendment.--Section 20109(c) of the 
        Violent Crime Control and Law Enforcement Act of 1994 (42 
        U.S.C. 13709(c)) is amended by inserting ``or consortium of 
        Indian tribes, as applicable,'' after ``Indian 
        tribe''.</DELETED>
        <DELETED>    (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:</DELETED>
<DELETED>    ``(d) Long-term Plan.--Not later than 1 year after the 
date of enactment of this subsection, the Attorney General, in 
coordination with the Bureau of Indian Affairs and in consultation with 
tribal leaders, tribal law enforcement officers, and tribal corrections 
officials, shall submit to Congress a long-term plan to address 
incarceration in Indian country, including a description of--</DELETED>
        <DELETED>    ``(1) proposed activities for construction of 
        detention facilities (including regional facilities) on Indian 
        land;</DELETED>
        <DELETED>    ``(2) proposed activities for construction of 
        additional Federal detention facilities on Indian 
        land;</DELETED>
        <DELETED>    ``(3) proposed activities for contracting with 
        State and local detention centers, with tribal government 
        approval;</DELETED>
        <DELETED>    ``(4) proposed alternatives to incarceration, 
        developed in cooperation with tribal court systems; 
        and</DELETED>
        <DELETED>    ``(5) such other alternatives as the Attorney 
        General, in coordination with the Bureau of Indian Affairs and 
        in consultation with Indian tribes, determines to be 
        necessary.''.</DELETED>

<DELETED>SEC. 405. TRIBAL PROBATION OFFICE LIAISON PROGRAM.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 203. ASSISTANT PAROLE AND PROBATION OFFICERS.</DELETED>

<DELETED>    ``To the maximum extent practicable, the Director of the 
Administrative Office of the United States Courts, in coordination with 
the Office of Tribal Justice and the Director of the Office of Justice 
Services, shall--</DELETED>
        <DELETED>    ``(1) 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; and</DELETED>
        <DELETED>    ``(2) provide substance abuse, mental health, and 
        other related treatment services to offenders residing on 
        Indian land.''.</DELETED>

<DELETED>SEC. 406. TRIBAL YOUTH PROGRAM.</DELETED>

<DELETED>    (a) Incentive Grants for Local Delinquency Prevention 
Programs.--</DELETED>
        <DELETED>    (1) In general.--Section 504 of the Juvenile 
        Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5783) 
        is amended--</DELETED>
                <DELETED>    (A) in subsection (a), by inserting ``, or 
                to Indian tribes under subsection (d)'' after 
                ``subsection (b)''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(d) Grants for Tribal Delinquency Prevention and 
Response Programs.--</DELETED>
        <DELETED>    ``(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)--</DELETED>
                <DELETED>    ``(A) to support and enhance--</DELETED>
                        <DELETED>    ``(i) tribal juvenile delinquency 
                        prevention services; and</DELETED>
                        <DELETED>    ``(ii) the ability of Indian 
                        tribes to respond to, and care for, juvenile 
                        offenders; and</DELETED>
                <DELETED>    ``(B) to encourage accountability of 
                Indian tribal governments with respect to preventing 
                juvenile delinquency and responding to, and caring for, 
                juvenile offenders.</DELETED>
        <DELETED>    ``(2) Eligible indian tribes.--To be eligible to 
        receive a grant under this subsection, an Indian tribe or 
        consortium of Indian tribes shall submit to the Administrator 
        an application in such form and containing such information as 
        the Administrator may require.</DELETED>
        <DELETED>    ``(3) Priority of funding.--In providing grants 
        under this subsection, the Administrator shall take into 
        consideration, with respect to the reservation communities to 
        be served--</DELETED>
                <DELETED>    ``(A) juvenile crime rates;</DELETED>
                <DELETED>    ``(B) dropout rates; and</DELETED>
                <DELETED>    ``(C) percentage of at-risk 
                youth.''.</DELETED>
        <DELETED>    (2) Authorization of appropriations.--Section 505 
        of the Juvenile Justice and Delinquency Prevention Act of 1974 
        (42 U.S.C. 5784) is amended by striking ``fiscal years 2004, 
        2005, 2006, 2007, and 2008'' and inserting ``each of fiscal 
        years 2010 through 2014''.</DELETED>
<DELETED>    (b) Coordinating Council on Juvenile Justice and 
Delinquency Prevention.--Section 206(a)(2) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5616(a)(2)) is amended--
</DELETED>
        <DELETED>    (1) in subparagraph (A), by striking ``Nine'' and 
        inserting ``Ten''; and</DELETED>
        <DELETED>    (2) in subparagraph (B), by adding at the end the 
        following:</DELETED>
                        <DELETED>    ``(iv) One member shall be 
                        appointed by the Chairman of the Committee on 
                        Indian Affairs of the Senate, in consultation 
                        with the Vice Chairman of that 
                        Committee.''.</DELETED>

<DELETED>TITLE V--INDIAN COUNTRY CRIME DATA COLLECTION AND INFORMATION 
                           SHARING</DELETED>

<DELETED>SEC. 501. TRACKING OF CRIMES COMMITTED IN INDIAN 
              COUNTRY.</DELETED>

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

<DELETED>SEC. 502. GRANTS TO IMPROVE TRIBAL DATA COLLECTION 
              SYSTEMS.</DELETED>

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

<DELETED>SEC. 503. CRIMINAL HISTORY RECORD IMPROVEMENT 
              PROGRAM.</DELETED>

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

<DELETED>TITLE VI--DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROSECUTION AND 
                          PREVENTION</DELETED>

<DELETED>SEC. 601. PRISONER RELEASE AND REENTRY.</DELETED>

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

<DELETED>SEC. 602. DOMESTIC AND SEXUAL VIOLENT OFFENSE 
              TRAINING.</DELETED>

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

<DELETED>SEC. 603. TESTIMONY BY FEDERAL EMPLOYEES IN CASES OF RAPE AND 
              SEXUAL ASSAULT.</DELETED>

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

<DELETED>``SEC. 11. TESTIMONY BY FEDERAL EMPLOYEES IN CASES OF RAPE AND 
              SEXUAL ASSAULT.</DELETED>

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

<DELETED>SEC. 604. COORDINATION OF FEDERAL AGENCIES.</DELETED>

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

<DELETED>``SEC. 12. COORDINATION OF FEDERAL AGENCIES.</DELETED>

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

<DELETED>SEC. 605. SEXUAL ASSAULT PROTOCOL.</DELETED>

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

<DELETED>``SEC. 803. POLICIES AND PROTOCOL.</DELETED>

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

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.

            TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION

Sec. 101. Office of Justice Services responsibilities.
Sec. 102. Disposition reports.
Sec. 103. Prosecution of crimes in Indian country.
Sec. 104. Administration.
Sec. 105. Prescription drug monitoring.

            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.
Sec. 407. Improving public safety presence in rural Alaska.

 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.
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. 606. Alaska Native village community safety demonstration project.
Sec. 607. Study of IHS sexual assault and domestic violence response 
                            capabilities.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the United States has distinct legal, treaty, and trust 
        obligations to provide for the public safety of tribal 
        communities;
            (2) several States have been delegated or have accepted 
        responsibility to provide for the public safety of tribal 
        communities within the borders of the States;
            (3) Congress and the President have acknowledged that--
                    (A) tribal law enforcement officers are often the 
                first responders to crimes on Indian reservations; and
                    (B) tribal justice systems are often the most 
                appropriate institutions for maintaining law and order 
                in tribal communities;
            (4) less than 3,000 tribal and Federal law enforcement 
        officers patrol more than 56,000,000 acres of Indian country, 
        which reflects less than \1/2\ of the law enforcement presence 
        in comparable rural communities nationwide;
            (5) on many Indian reservations, law enforcement officers 
        respond to distress or emergency calls without backup and 
        travel to remote locations without adequate radio communication 
        or access to national crime information database systems;
            (6) the majority of tribal detention facilities were 
        constructed decades before the date of enactment of this Act 
        and face multibillion-dollar unmet 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 important arbiters of criminal and civil 
                justice for actions arising in Indian country; but
                    (B) have been historically underfunded;
            (9) tribal courts are limited to sentences of not more than 
        1 year of imprisonment for Indian offenders, forcing tribal 
        communities to rely solely on the Federal Government and 
        certain State governments for the prosecution of major crimes 
        in Indian country;
            (10) during the period of calendar years 2004 through 2007, 
        Federal officials declined to prosecute 62 percent of violent 
        crimes alleged to have occurred in Indian country;
            (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) Department of Justice statistics show that--
                    (A) American Indians experience per capita rates of 
                violence more than twice the national average; and
                    (B) rates of violence in every age group are higher 
                among American Indians than that of all races;
            (13)(A) domestic and sexual violence against American 
        Indian and Alaska Native women has reached epidemic 
        proportions;
            (B) 34 percent of American Indian and Alaska Native women 
        will be raped in their lifetimes; and
            (C) 39 percent of American Indian and Alaska Native women 
        will be subject to domestic violence;
            (14) the lack of police presence and resources in Indian 
        country has resulted in significant delays in responding to 
        victims' calls for assistance, which adversely affects the 
        collection of evidence needed to prosecute crimes, particularly 
        crimes of domestic and sexual violence;
            (15) alcohol and drug abuse plays a role in more than 80 
        percent of crimes committed in tribal communities;
            (16) the rate of methamphetamine addiction in tribal 
        communities is 3 times the national average;
            (17) the Department of Justice has reported that drug 
        organizations have increasingly targeted Indian country to 
        produce and distribute methamphetamine, citing the limited law 
        enforcement presence and jurisdictional confusion as reasons 
        for the increased activity;
            (18) tribal communities have faced significant increases in 
        instances of domestic violence, burglary, assault, and child 
        abuse as a direct result of increased methamphetamine use on 
        Indian reservations;
            (19)(A) criminal jurisdiction in Indian country is complex, 
        and responsibility for Indian country law enforcement is shared 
        among Federal, tribal, and State authorities; and
            (B) that complexity requires a high degree of commitment 
        and cooperation from Federal and State officials;
            (20) cooperative law enforcement agreements between tribal, 
        State, and local governments improve public safety in tribal 
        and nearby communities;
            (21) consistent communication among tribal, Federal, and 
        State law enforcement agencies has proven to improve public 
        safety and justice in tribal and nearby communities; and
            (22) crime data is a fundamental tool of law enforcement, 
        but for decades the Bureau of Indian Affairs and the Department 
        of Justice have not been able to coordinate or consistently 
        report crime and prosecution rates in tribal communities.
    (b) Purposes.--The purposes of this Act are--
            (1) to clarify the responsibilities of Federal, State, 
        tribal, and local governments with respect to crimes committed 
        in tribal communities;
            (2) to increase coordination and communication among 
        Federal, State, tribal, and local law enforcement agencies;
            (3) to empower tribal governments with the authority, 
        resources, and information necessary to safely and effectively 
        provide public safety in tribal communities;
            (4) to reduce the prevalence of violent crime in tribal 
        communities and to combat sexual and domestic violence against 
        American Indian and Alaska Native women;
            (5) to prevent drug trafficking and reduce rates of alcohol 
        and drug addiction in Indian country; and
            (6) to increase and standardize the collection of criminal 
        data and the sharing of criminal history information among 
        Federal, State, and tribal officials responsible for responding 
        to and investigating crimes in tribal communities.

SEC. 3. DEFINITIONS.

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

            TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION

SEC. 101. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES.

    (a) Definitions.--Section 2 of the Indian Law Enforcement 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 paragraph (1) and 
        moving the paragraphs so as to appear in numerical order; and
            (4) in paragraph (1) (as redesignated by paragraph (3)), by 
        striking ``Division of Law Enforcement Services'' and inserting 
        ``Office of Justice Services''.
    (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 established 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 Services'' and 
                inserting ``Office of Justice Services'';
                    (B) in paragraph (8), by striking ``and'' at the 
                end;
                    (C) in paragraph (9), by striking the period at the 
                end and inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(10) the development and provision of dispatch and 
        emergency and E-911 services;
            ``(11) communicating with tribal leaders, tribal community 
        and victims' advocates, tribal justice officials, and residents 
        of Indian land on a regular basis regarding public safety and 
        justice concerns facing tribal communities;
            ``(12) conducting meaningful and timely consultation with 
        tribal leaders and tribal justice officials in the development 
        of regulatory policies and other actions that affect public 
        safety and justice in Indian country;
            ``(13) providing technical assistance and training to 
        tribal law enforcement officials to gain access and input 
        authority to utilize the National Criminal Information Center 
        and other national crime information databases pursuant to 
        section 534 of title 28, United States Code;
            ``(14) in coordination with the Attorney General pursuant 
        to subsection (g) of section 302 of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3732), collecting, 
        analyzing, and reporting data regarding Indian country crimes 
        on an annual basis;
            ``(15) on an annual basis, sharing with the Department of 
        Justice all relevant crime data, including Uniform Crime 
        Reports, that the Office of Justice Services prepares and 
        receives from tribal law enforcement agencies on a tribe-by-
        tribe basis to ensure that individual tribal governments 
        providing data are eligible for programs offered by the 
        Department of Justice;
            ``(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 detailed spending 
        report regarding tribal public safety and justice programs that 
        includes--
                    ``(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 dispatchers;
                            ``(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 obligated for 
                each category described in clause (i) for each fiscal 
                year;
                    ``(B) a list of amounts dedicated to law 
                enforcement and corrections, vehicles, related 
                transportation costs, equipment, inmate transportation 
                costs, inmate transfer costs, replacement, improvement, 
                and repair of facilities, personnel transfers, 
                detailees and costs related to their details, emergency 
                events, public safety and justice communications and 
                technology costs, and tribal court personnel, 
                facilities, and related program costs;
                    ``(C) a list of the unmet staffing needs of law 
                enforcement, corrections, and court personnel 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;
            ``(17) 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 assistance, training, and other support provided to 
        tribal law enforcement and corrections agencies that operate 
        relevant programs pursuant to self-determination contracts or 
        self-governance compacts with the Bureau of Indian Affairs; and
            ``(18) promulgating regulations to carry out this Act, and 
        routinely reviewing and updating, as necessary, the regulations 
        contained in subchapter B of title 25, Code of Federal 
        Regulations (or successor regulations).'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``Division of Law 
                Enforcement Services'' and inserting ``Office of 
                Justice Services''; and
                    (B) in paragraph (4)(i), in the first sentence, by 
                striking ``Division'' and inserting ``Office 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 enactment of this subsection, the Secretary, 
acting through the Bureau, in coordination with the Department of 
Justice and in consultation with tribal leaders, tribal law enforcement 
officers, and tribal corrections officials, shall submit to Congress a 
long-term plan to address incarceration in Indian country, including a 
description of--
            ``(1) proposed activities for the construction of detention 
        facilities (including regional facilities) on Indian land;
            ``(2) proposed activities for the construction of 
        additional Federal detention facilities on Indian land;
            ``(3) proposed activities for contracting with State and 
        local detention centers, upon approval of affected tribal 
        governments;
            ``(4) proposed activities for alternatives to 
        incarceration, developed in cooperation with tribal court 
        systems; and
            ``(5) other such alternatives to incarceration as the 
        Secretary, in coordination with the Bureau and in consultation 
        with tribal representatives, determines to be necessary.''.
    (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 processed by the Central Violations 
        Bureau); or''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (B), by striking ``, or'' at 
                the end and inserting a semicolon;
                    (B) in subparagraphs (B) and (C), by striking 
                ``reasonable grounds'' each place it appears and 
                inserting ``probable cause'';
                    (C) in subparagraph (C), by adding ``or'' at the 
                end; and
                    (D) by adding at the end the following:
                    ``(D)(i) the offense involves--
                            ``(I) a misdemeanor controlled substance 
                        offense in violation of--
                                    ``(aa) the Controlled Substances 
                                Act (21 U.S.C. 801 et seq.);
                                    ``(bb) title IX of the Personal 
                                Responsibility and Work Opportunity 
                                Reconciliation Act of 1996 (21 U.S.C. 
                                862a et seq.); or
                                    ``(cc) section 731 of the USA 
                                PATRIOT Improvement and Reauthorization 
                                Act of 2005 (21 U.S.C. 865);
                            ``(II) a misdemeanor firearms offense in 
                        violation of chapter 44 of title 18, United 
                        States Code;
                            ``(III) a misdemeanor assault in violation 
                        of chapter 7 of title 18, United States Code; 
                        or
                            ``(IV) a misdemeanor liquor trafficking 
                        offense in violation of chapter 59 of title 18, 
                        United States Code; and
                    ``(ii) the employee has probable cause to believe 
                that the individual to be arrested has committed, or is 
                committing, the crime;''.

SEC. 102. DISPOSITION 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) Coordination and Data Collection.--
            ``(1) Investigative coordination.--Subject to subsection 
        (c), if a law enforcement officer or employee of any Federal 
        department or agency terminates an investigation of an alleged 
        violation of Federal criminal law in Indian country without 
        referral for prosecution, the officer or employee shall 
        coordinate with the appropriate tribal law enforcement 
        officials regarding the use of evidence relevant to the case to 
        advance prosecution of the case in a tribal court with 
        concurrent authority over the crime alleged.
            ``(2) Investigation data.--The Federal Bureau of 
        Investigation shall compile, on an annual basis and by Federal 
        judicial district, information regarding decisions not to refer 
        to an appropriate prosecuting authority cases in which 
        investigations had been opened into a crime that occurred in 
        Indian country, including--
                    ``(A) the types of crimes alleged;
                    ``(B) the statuses of the accused as Indians or 
                non-Indians;
                    ``(C) the statuses of the victims as an Indians or 
                non-Indians; and
                    ``(D) the reasons for deciding to terminate the 
                investigations.
            ``(3) Prosecutorial coordination.--Subject to subsection 
        (c), if a United States Attorney declines to prosecute, or acts 
        to terminate prosecution of, an alleged violation of Federal 
        criminal law in Indian country, the United States Attorney 
        shall coordinate with the appropriate tribal justice officials 
        regarding the use of evidence relevant to the case to advance 
        prosecution of the case in a tribal court with concurrent 
        authority over the crime alleged.
            ``(4) Prosecution data.--Each United States Attorney shall 
        submit to the Native American Issues Coordinator relevant 
        information regarding all declinations of alleged violations of 
        Federal criminal law that occurred in Indian country and were 
        referred for prosecution by law enforcement agencies, 
        including--
                    ``(A) the types of crimes alleged;
                    ``(B) the statuses of the accused as Indians or 
                non-Indians;
                    ``(C) the statuses of the victims as Indians or 
                non-Indians; and
                    ``(D) the reasons for deciding to decline or 
                terminate the prosecutions.
    ``(b) Annual Reports.--
            ``(1) In general.--The Attorney General shall submit to 
        Congress annual reports containing, with respect to the 
        applicable calendar year, the information complied under 
        paragraphs (2) and (4) of subsection (a)--
                    ``(A) organized--
                            ``(i) in the aggregate; and
                            ``(ii) by Federal judicial district; and
                    ``(B) including any relevant explanatory 
                statements.
            ``(2) Availability to congress.--The Attorney General shall 
        submit to Congress an annual report containing the information 
        compiled under paragraph (1), together with relevant 
        explanatory statements, if any.
    ``(c) Effect of Section.--
            ``(1) In general.--Nothing in this section requires any 
        Federal agency or official to transfer or disclose any 
        confidential, privileged, or statutorily protected 
        communication, information, or source to an official of any 
        Indian tribe.
            ``(2) Federal rules of criminal procedure.--Rule 6 of the 
        Federal Rules of Criminal Procedure shall apply to this 
        section.
            ``(3) Regulations.--Each Federal agency required to submit 
        a report pursuant to this section shall adopt, by regulation, 
        standards for the protection of confidential or privileged 
        communications, information, and sources under paragraph 
        (1).''.

SEC. 103. PROSECUTION OF CRIMES IN INDIAN COUNTRY.

    (a) Appointment of Special Prosecutors.--Section 543 of title 28, 
United States Code, is amended--
            (1) in subsection (a), by inserting before the period at 
        the end the following: ``, including the appointment of 
        qualified tribal prosecutors and other qualified attorneys to 
        assist in prosecuting Federal offenses committed in Indian 
        country''; and
            (2) by adding at the end the following:
    ``(c) Sense of Congress Regarding Consultation.--It is the sense of 
Congress that, in appointing attorneys 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 Enforcement Reform Act (25 
U.S.C. 2801 et seq.) is amended by adding at the end the following:

``SEC. 13. ASSISTANT UNITED STATES ATTORNEY TRIBAL LIAISONS.

    ``(a) Appointment.--Each United States Attorney the district of 
which includes Indian country shall appoint not less than 1 assistant 
United States Attorney to serve as a tribal liaison for the district.
    ``(b) Duties.--A tribal liaison shall be responsible for the 
following activities in the district of the tribal liaison:
            ``(1) Coordinating the prosecution of Federal crimes that 
        occur in Indian country.
            ``(2) Developing multidisciplinary teams to combat child 
        abuse and domestic and sexual violence offenses against 
        Indians.
            ``(3) 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, tribal community and 
        victims' advocates, and tribal justice 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 country crimes.
            ``(7) Conducting training sessions and seminars to certify 
        special law enforcement commissions to tribal justice officials 
        and other individuals and entities responsible for responding 
        to Indian country crimes.
            ``(8) Coordinating with the Office of Tribal Justice, 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) Effect of Section.--Nothing in this section limits the 
authority of any United States Attorney to determine the duties of a 
tribal liaison officer to meet the needs of the Indian tribes located 
within the relevant Federal district.
    ``(d) Sense of Congress Regarding Evaluations of Tribal Liaisons.--
            ``(1) Findings.--Congress finds that--
                    ``(A) many tribal communities rely solely on United 
                States Attorneys offices to prosecute felony and 
                misdemeanor crimes occurring on Indian land; and
                    ``(B) tribal liaisons have dual obligations of--
                            ``(i) coordinating prosecutions of Indian 
                        country crime; and
                            ``(ii) developing relationships with tribal 
                        communities and serving as a link between 
                        tribal communities and the Federal justice 
                        process.
            ``(2) Sense of congress.--It is the sense of Congress that 
        the Attorney General should--
                    ``(A) take all appropriate actions to encourage the 
                aggressive prosecution of all Federal crimes committed 
                in Indian country; and
                    ``(B) when appropriate, take into consideration the 
                dual responsibilities of tribal liaisons described in 
                paragraph (1)(B) in evaluating the performance of the 
                tribal liaisons.
    ``(e) Enhanced Prosecution of Minor Crimes.--
            ``(1) In general.--Each United States Attorney 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 improve the administration of 
                justice, and particularly when--
                            ``(i) the crime rate exceeds the national 
                        average crime rate; or
                            ``(ii) the rate at which criminal offenses 
                        are declined to be prosecuted exceeds the 
                        national average declination rate;
                    ``(B) to coordinate with applicable United States 
                magistrate and district courts--
                            ``(i) to ensure the provision of docket 
                        time for prosecutions of Indian country crimes; 
                        and
                            ``(ii) to hold trials and other proceedings 
                        in Indian country, as appropriate;
                    ``(C) to provide to appointed Special Assistant 
                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 subsection.
            ``(2) Sense of congress regarding consultation.--It is the 
        sense of Congress that, in appointing Special Assistant United 
        States Attorneys under this subsection, a United States 
        Attorney should consult with tribal justice officials of each 
        Indian tribe that would be affected by the appointment.''.

SEC. 104. ADMINISTRATION.

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

``SEC. 106. OFFICE OF TRIBAL JUSTICE.

    ``(a) In General.--Not later than 90 days after the date of 
enactment of the Tribal Law and Order Act of 2009, the Attorney General 
shall establish the Office of Tribal Justice as a component of the 
Department.
    ``(b) Personnel and Funding.--The Attorney General shall provide to 
the Office of Tribal Justice such personnel and funds as are necessary 
to establish the Office of Tribal Justice as a component of the 
Department under subsection (a).
    ``(c) Duties.--The Office of Tribal Justice shall--
            ``(1) serve as the program and legal policy advisor to the 
        Attorney General with respect to the treaty and trust 
        relationship between the United States and Indian tribes;
            ``(2) serve as the point of contact for federally 
        recognized tribal governments and tribal organizations with 
        respect to questions and comments regarding policies and 
        programs of the Department and issues relating to public safety 
        and justice in Indian country; and
            ``(3) coordinate with other bureaus, agencies, offices, and 
        divisions within the Department of Justice to ensure that each 
        component has an accountable process to ensure meaningful and 
        timely consultation with tribal leaders in the development of 
        regulatory policies and other actions that affect--
                    ``(A) the trust responsibility of the United States 
                to Indian tribes;
                    ``(B) any tribal treaty provision;
                    ``(C) the status of Indian tribes as a sovereign 
                governments; or
                    ``(D) any other tribal interest.''.
    (b) Native American Issues Coordinator.--The Indian Law Enforcement 
Reform Act (25 U.S.C. 2801 et seq.) (as amended by section 103(b)) is 
amended by adding at the end the following:

``SEC. 14. NATIVE AMERICAN ISSUES COORDINATOR.

    ``(a) Establishment.--There is established in the Executive Office 
for United States Attorneys of the Department of Justice a position to 
be known as the `Native American Issues Coordinator'.
    ``(b) Duties.--The Native American Issues Coordinator shall--
            ``(1) coordinate with the United States Attorneys that have 
        authority to prosecute crimes in Indian country;
            ``(2) coordinate prosecutions of crimes of national 
        significance in Indian country, as determined by the Attorney 
        General;
            ``(3) submit to the Committee on Indian Affairs of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives annual reports describing the prosecution and 
        declination rates of cases involving alleged crimes in Indian 
        country referred to United States Attorneys;
            ``(4) coordinate as necessary with other components of the 
        Department of Justice and any relevant advisory groups to the 
        Attorney General or the Deputy Attorney General; and
            ``(5) carry out such other duties as the Attorney General 
        may prescribe.''.

SEC. 105. PRESCRIPTION DRUG MONITORING.

    (a) Monitoring.--
            (1) Establishment.--The Secretary of Health and Human 
        Services, in coordination with the Secretary of the Interior 
        and the Attorney General, shall establish a prescription drug 
        monitoring program, to be carried out at health care facilities 
        of the Indian Health Service, tribal health care facilities, 
        and urban Indian health care facilities.
            (2) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services shall submit to the Committee on Indian Affairs of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives a report that describes--
                    (A) the needs of the Indian Health Service, tribal 
                health care facilities, and urban Indian health care 
                facilities with respect to the prescription drug 
                monitoring program under paragraph (1);
                    (B) the planned development of that program, 
                including any relevant statutory or administrative 
                limitations; and
                    (C) the means by which the program could be carried 
                out in coordination with any State prescription drug 
                monitoring program.
    (b) Abuse.--
            (1) In general.--The Attorney General, in conjunction with 
        the Secretary of Health and Human Services and the Secretary of 
        the Interior, shall conduct--
                    (A) an assessment of the capacity of, and support 
                required by, relevant Federal and tribal agencies--
                            (i) to carry out data collection and 
                        analysis regarding incidents of prescription 
                        drug abuse in Indian communities; and
                            (ii) to exchange among those agencies and 
                        Indian health programs information relating to 
                        prescription drug abuse in Indian communities, 
                        including statutory and administrative 
                        requirements and limitations relating to that 
                        abuse; and
                    (B) training for Indian health care providers, 
                tribal leaders, law enforcement officers, and school 
                officials regarding awareness and prevention of 
                prescription drug abuse and strategies for improving 
                agency responses to addressing prescription drug abuse 
                in Indian communities.
            (2) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Attorney General shall submit to the 
        Committee on Indian Affairs of the Senate and the Committee on 
        Natural Resources of the House of Representatives a report that 
        describes--
                    (A) the capacity of Federal and tribal agencies to 
                carry out data collection and analysis and information 
                exchanges as described in paragraph (1)(A);
                    (B) the training conducted pursuant to paragraph 
                (1)(B);
                    (C) infrastructure enhancements required to carry 
                out the activities described in paragraph (1), if any; 
                and
                    (D) any statutory or administrative barriers to 
                carrying out those activities.

            TITLE II--STATE ACCOUNTABILITY AND COORDINATION

SEC. 201. STATE CRIMINAL JURISDICTION AND RESOURCES.

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

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

    ``(a) Consent of United States.--
            ``(1) In general.--The consent of the United States''; and
            (2) by adding at the end the following:
            ``(2) Concurrent jurisdiction.--At the request of an Indian 
        tribe, and after consultation with and consent by the Attorney 
        General, the United States shall accept 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 adding at the end the following:
    ``(d) Notwithstanding subsection (c), at the request of an Indian 
tribe, and after consultation with and consent by the Attorney 
General--
            ``(1) sections 1152 and 1153 shall apply in the areas of 
        the Indian country of the Indian tribe; and
            ``(2) jurisdiction over those areas shall be concurrent 
        among the Federal Government and State and tribal 
        governments.''.

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

    (a) Establishment of Cooperative Assistance Program.--The Attorney 
General may provide grants, technical assistance, and other assistance 
to State, tribal, and local governments that enter into cooperative 
agreements, including agreements relating to mutual aid, hot pursuit of 
suspects, and cross-deputization for the purposes of--
            (1) improving law enforcement effectiveness; and
            (2) reducing crime in Indian country and nearby 
        communities.
    (b) Program Plans.--
            (1) In general.--To be eligible to receive assistance under 
        this section, a group composed of not less than 1 of each of a 
        tribal government and a State or local government shall jointly 
        develop and submit to the Attorney General a plan for a program 
        to achieve the purpose described in subsection (a).
            (2) Plan requirements.--A joint program plan under 
        paragraph (1) shall include a description of--
                    (A) the proposed cooperative tribal and State or 
                local law enforcement program for which funding is 
                sought, including information on the population and 
                each geographic area to be served by the program;
                    (B) the need of the proposed program for funding 
                under this section, the amount of funding requested, 
                and the proposed use of funds, subject to the 
                requirements listed in subsection (c);
                    (C) the unit of government that will administer any 
                assistance received under this section, and the method 
                by which the assistance will be distributed;
                    (D) the types of law enforcement services to be 
                performed on each applicable Indian reservation and the 
                individuals and entities that will perform those 
                services;
                    (E) the individual or group of individuals who will 
                exercise daily supervision and control over law 
                enforcement officers participating in the program;
                    (F) the method by which local and tribal government 
                input with respect to the planning and implementation 
                of the program will be ensured;
                    (G) the policies of the program regarding mutual 
                aid, hot pursuit of suspects, deputization, training, 
                and insurance of applicable law enforcement officers;
                    (H) the recordkeeping procedures and types of data 
                to be collected pursuant to the program; and
                    (I) other information that the Attorney General 
                determines to be relevant.
    (c) Permissible Uses of Funds.--An eligible entity that receives a 
grant under this section may use the grant, in accordance with the 
program plan described in subsection (b)--
            (1) to hire and train new career tribal, State, or local 
        law enforcement officers, or to make overtime payments for 
        current law enforcement officers, that are or will be dedicated 
        to--
                    (A) policing tribal land and nearby lands; and
                    (B) investigating alleged crimes on those lands;
            (2) procure equipment, technology, or support systems to be 
        used to investigate crimes and share information between 
        tribal, State, and local law enforcement agencies; or
            (3) for any other uses that the Attorney General determines 
        will meet the purposes described in subsection (a).
    (d) Factors for Consideration.--In determining whether to approve a 
joint program plan submitted under subsection (b) and, on approval, the 
amount of assistance to provide to the program, the Attorney General 
shall take into consideration the following factors:
            (1) The size and population of each Indian reservation and 
        nearby community proposed to be served by the program.
            (2) The complexity of the law enforcement problems proposed 
        to be addressed by the program.
            (3) The range of services proposed to be provided by the 
        program.
            (4) The proposed improvements the program will make 
        regarding law enforcement cooperation beyond existing levels of 
        cooperation.
            (5) The crime rates of the tribal and nearby communities.
            (6) The available resources of each entity applying for a 
        grant under this section for dedication to public safety in the 
        respective jurisdictions of the entities.
    (e) Annual Reports.--To be eligible to renew or extend a grant 
under this section, a group described in subsection (b)(1) shall submit 
to the Attorney General, together with the joint program plan under 
subsection (b), a report describing the law enforcement activities 
carried out pursuant to the program during the preceding fiscal year, 
including the success of the activities, including any increase in 
arrests or prosecutions.
    (f) Reports by Attorney General.--Not later than January 15 of each 
applicable fiscal year, the Attorney General shall submit to the 
Committee on Indian Affairs of the Senate and the Committee on Natural 
Resources of the House of Representatives a report describing the law 
enforcement programs carried out using assistance provided under this 
section during the preceding fiscal year, including the success of the 
programs.
    (g) Technical Assistance.--On receipt of a request from a group 
composed of not less than 1 tribal government and 1 State or local 
government, the Attorney General shall provide technical assistance to 
the group to develop successful cooperative relationships that 
effectively combat crime in Indian country and nearby communities.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 2010 through 2014.

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

SEC. 301. TRIBAL POLICE OFFICERS.

    (a) Flexibility in Training Law Enforcement Officers Serving Indian 
Country.--Section 3(e) of the Indian Law Enforcement Reform Act (25 
U.S.C. 2802(e)) (as amended by section 101(b)(4)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(e)(1) The Secretary'' and 
                inserting the following:
    ``(e) Standards of Education and Experience and Classification of 
Positions.--
            ``(1) Standards of education and experience.--
                    ``(A) In general.--The Secretary''; and
                    (B) by adding at the end the following:
                    ``(B) Requirements for training.--The training 
                standards established under subparagraph (A)--
                            ``(i) should comply with standards accepted 
                        by the Federal Law Enforcement Training 
                        Accreditation commission for law enforcement 
                        officers attending similar programs; and
                            ``(ii) shall include, or be supplemented 
                        by, instruction regarding Federal sources of 
                        authority and jurisdiction, Federal crimes, 
                        Federal rules of criminal procedure, and 
                        constitutional law to bridge the gap between 
                        State training and Federal requirements.
                    ``(C) Training at state, tribal, and local 
                academies.--The training standards established under 
                subparagraph (A) shall permit law enforcement personnel 
                of the Office of Justice Services or an Indian tribe to 
                obtain training at a State or tribal police academy, a 
                local or tribal community college, or other training 
                academy that meets the appropriate Peace Officer 
                Standards of Training.
                    ``(D) Maximum age requirement.--Pursuant to section 
                3307(e) of title 5, United States Code, the Secretary 
                may employ as a law enforcement officer under section 4 
                any individual under the age of 47, if the individual 
                meets all other applicable hiring requirements for the 
                applicable law enforcement position.'';
            (2) in paragraph (3), by striking ``Agencies'' and 
        inserting ``agencies''; and
            (3) by adding at the end the following:
            ``(4) Background checks for tribal justice officials.--The 
        Office of Justice Services shall develop standards and 
        deadlines for the provision of background checks for tribal law 
        enforcement and corrections officials that ensure that a 
        response to a request by an Indian tribe for such a background 
        check shall be provided by not later than 60 days after the 
        date of receipt of the request, unless an adequate reason for 
        failure to respond by that date is provided to the Indian 
        tribe.''.
    (b) Special Law Enforcement Commissions.--Section 5 of the Indian 
Law Enforcement Reform Act (25 U.S.C. 2804) is amended--
            (1) by striking ``(a) The Secretary may enter into an 
        agreement'' and inserting the following:
    ``(a) Agreements.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Tribal Law and Order Act of 2009, the 
        Secretary shall establish procedures to enter into memoranda of 
        agreement'';
            (2) in the second sentence, by striking ``The Secretary'' 
        and inserting the following:
            ``(2) Certain activities.--The Secretary''; and
            (3) by adding at the end the following:
            ``(3) Program enhancement.--
                    ``(A) Training sessions in indian country.--
                            ``(i) In general.--The procedures described 
                        in paragraph (1) shall include the development 
                        of a plan to enhance the certification and 
                        provision of special law enforcement 
                        commissions to tribal law enforcement 
                        officials, and, subject to subsection (d), 
                        State and local law enforcement officials, 
                        pursuant to this section.
                            ``(ii) Inclusions.--The plan under clause 
                        (i) shall include the hosting of regional 
                        training sessions in Indian country, not less 
                        frequently than biannually, to educate and 
                        certify candidates for the special law 
                        enforcement commissions.
                    ``(B) Memoranda of agreement.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of the Tribal Law 
                        and Order Act of 2009, the Secretary, in 
                        consultation with Indian tribes and tribal law 
                        enforcement agencies, shall develop minimum 
                        requirements to be included in special law 
                        enforcement commission agreements pursuant to 
                        this section.
                            ``(ii) Substance of agreements.--Each 
                        agreement entered into pursuant to this section 
                        shall reflect the status of the applicable 
                        certified individual as a Federal law 
                        enforcement officer under subsection (f), 
                        acting within the scope of the duties described 
                        in section 3(c).
                            ``(iii) Agreement.--Not later than 60 days 
                        after the date on which the Secretary 
                        determines that all applicable requirements 
                        under clause (i) are met, the Secretary shall 
                        offer to enter into a special law enforcement 
                        commission agreement with the applicable Indian 
                        tribe.''.
    (c) Indian Law Enforcement Foundation.--The Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) is 
amended by adding at the end the following:

             ``TITLE VII--INDIAN LAW ENFORCEMENT FOUNDATION

``SEC. 701. DEFINITIONS.

    ``In this title:
            ``(1) Board.--The term `Board' means the Board of Directors 
        of the Foundation.
            ``(2) Bureau.--The term `Bureau' means the Office of 
        Justice Services of the Bureau of Indian Affairs.
            ``(3) Committee.--The term `Committee' means the Committee 
        for the Establishment of the Indian Law Enforcement Foundation 
        established under section 702(e)(1).
            ``(4) Foundation.--The term `Foundation' means the Indian 
        Law Enforcement Foundation established under section 702.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.

``SEC. 702. INDIAN LAW ENFORCEMENT FOUNDATION.

    ``(a) Establishment.--
            ``(1) In general.--As soon as practicable after the date of 
        enactment of this title, the Secretary shall establish, under 
        the laws of the District of Columbia and in accordance with 
        this title, a foundation, to be known as the `Indian Law 
        Enforcement Foundation'.
            ``(2) Funding determinations.--No funds, gift, property, or 
        other item of value (including any interest accrued on such an 
        item) acquired by the Foundation shall--
                    ``(A) be taken into consideration for purposes of 
                determining Federal appropriations relating to the 
                provision of public safety or justice services to 
                Indians; or
                    ``(B) otherwise limit, diminish, or affect the 
                Federal responsibility for the provision of public 
                safety or justice services to Indians.
    ``(b) Nature of Corporation.--The Foundation--
            ``(1) shall be a charitable and nonprofit federally 
        chartered corporation; and
            ``(2) shall not be an agency or instrumentality of the 
        United States.
    ``(c) Place of Incorporation and Domicile.--The Foundation shall be 
incorporated and domiciled in the District of Columbia.
    ``(d) Duties.--The Foundation shall--
            ``(1) encourage, accept, and administer, in accordance with 
        the terms of each donation, private gifts of real and personal 
        property, and any income from or interest in such gifts, for 
        the benefit of, or in support of, public safety and justice 
        services in American Indian and Alaska Native communities; and
            ``(2) assist the Office of Justice Services of the Bureau 
        of Indian Affairs and Indian tribal governments in funding and 
        conducting activities and providing education to advance and 
        support the provision of public safety and justice services in 
        American Indian and Alaska Native communities.
    ``(e) Committee for the Establishment of the Indian Law Enforcement 
Foundation.--
            ``(1) In general.--The Secretary shall establish the a 
        committee, to be known as the `Committee for the Establishment 
        of the Indian Law Enforcement Foundation', to assist the 
        Secretary in establishing the Foundation.
            ``(2) Duties.--Not later than 180 days after the date of 
        enactment of this section, the Committee shall--
                    ``(A) carry out such activities as are necessary to 
                incorporate the Foundation under the laws of the 
                District of Columbia, including acting as incorporators 
                of the Foundation;
                    ``(B) ensure that the Foundation qualifies for and 
                maintains the status required to carry out this 
                section, until the date on which Board is established;
                    ``(C) establish the constitution and initial bylaws 
                of the Foundation;
                    ``(D) provide for the initial operation of the 
                Foundation, including providing for temporary or 
                interim quarters, equipment, and staff; and
                    ``(E) appoint the initial members of the Board in 
                accordance with the constitution and initial bylaws of 
                the Foundation.
    ``(f) Board of Directors.--
            ``(1) In general.--The Board of Directors shall be the 
        governing body of the Foundation.
            ``(2) Powers.--The Board may exercise, or provide for the 
        exercise of, the powers of the Foundation.
            ``(3) Selection.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                number of members of the Board, the manner of selection 
                of the members (including the filling of vacancies), 
                and the terms of office of the members shall be as 
                provided in the constitution and bylaws of the 
                Foundation.
                    ``(B) Requirements.--
                            ``(i) Number of members.--The Board shall 
                        be composed of not less than 7 members.
                            ``(ii) Initial voting members.--The initial 
                        voting members of the Board--
                                    ``(I) shall be appointed by the 
                                Committee not later than 180 days after 
                                the date on which the Foundation is 
                                established; and
                                    ``(II) shall serve for staggered 
                                terms.
                            ``(iii) Qualification.--The members of the 
                        Board shall be United States citizens with 
                        knowledge or experience regarding public safety 
                        and justice in Indian and Alaska Native 
                        communities.
                    ``(C) Compensation.--A member of the Board shall 
                not receive compensation for service as a member, but 
                shall be reimbursed for actual and necessary travel and 
                subsistence expenses incurred in the performance of the 
                duties of the Foundation.
    ``(g) Officers.--
            ``(1) In general.--The officers of the Foundation shall 
        be--
                    ``(A) a Secretary, elected from among the members 
                of the Board; and
                    ``(B) any other officers provided for in the 
                constitution and bylaws of the Foundation.
            ``(2) Chief operating officer.--
                    ``(A) Secretary.--Subject to subparagraph (B), the 
                Secretary of the Foundation may serve, at the direction 
                of the Board, as the chief operating officer of the 
                Foundation.
                    ``(B) Appointment.--The Board may appoint a chief 
                operating officer in lieu of the Secretary of the 
                Foundation under subparagraph (A), who shall serve at 
                the direction of the Board.
            ``(3) Election.--The manner of election, term of office, 
        and duties of the officers of the Foundation shall be as 
        provided in the constitution and bylaws of the Foundation.
    ``(h) Powers.--The Foundation--
            ``(1) shall adopt a constitution and bylaws for the 
        management of the property of the Foundation and the regulation 
        of the affairs of the Foundation;
            ``(2) may adopt and alter a corporate seal;
            ``(3) may enter into contracts;
            ``(4) may acquire (through gift or otherwise), own, lease, 
        encumber, and transfer real or personal property as necessary 
        or convenient to carry out the purposes of the Foundation;
            ``(5) may sue and be sued; and
            ``(6) may perform any other act necessary and proper to 
        carry out the purposes of the Foundation.
    ``(i) Principal Office.--
            ``(1) In general.--The principal office of the Foundation 
        shall be located in the District of Columbia.
            ``(2) Activities; offices.--The activities of the 
        Foundation may be conducted, and offices may be maintained, 
        throughout the United States in accordance with the 
        constitution and bylaws of the Foundation.
    ``(j) Service of Process.--The Foundation shall comply with the law 
on service of process of each State in which the Foundation is 
incorporated and of each State in which the Foundation carries on 
activities.
    ``(k) Liability of Officers, Employees, and Agents.--
            ``(1) In general.--The Foundation shall be liable for the 
        acts of the officers, employees, and agents of the Foundation 
        acting within the scope of the authority of the officers, 
        employees, and agents.
            ``(2) Personal liability.--A member of the Board shall be 
        personally liable only for gross negligence in the performance 
        of the duties of the member.
    ``(l) Restrictions.--
            ``(1) Limitation on spending.--Beginning with the fiscal 
        year following the first full fiscal year during which the 
        Foundation is in operation, the administrative costs of the 
        Foundation shall not exceed the percentage described in 
        paragraph (2) of the sum of--
                    ``(A) the amounts transferred to the Foundation 
                under subsection (n) during the preceding fiscal year; 
                and
                    ``(B) donations received from private sources 
                during the preceding fiscal year.
            ``(2) Percentages.--The percentages referred to in 
        paragraph (1) are--
                    ``(A) for the first 2 fiscal years described in 
                that paragraph, 25 percent;
                    ``(B) for the following fiscal year, 20 percent; 
                and
                    ``(C) for each fiscal year thereafter, 15 percent.
            ``(3) Appointment and hiring.--The appointment of officers 
        and employees of the Foundation shall be subject to the 
        availability of funds.
            ``(4) Status.--A member of the Board or officer, employee, 
        or agent of the Foundation shall not by reason of association 
        with the Foundation be considered to be an officer, employee, 
        or agent of the United States.
    ``(m) Audits.--The Foundation shall comply with section 10101 of 
title 36, United States Code, as if the Foundation were a corporation 
under part B of subtitle II of that title.
    ``(n) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (e)(1) $500,000 for each of the 5 
fiscal years of operation of the Foundation.

``SEC. 703. ADMINISTRATIVE SERVICES AND SUPPORT.

    ``(a) Provision of Support by Secretary.--Subject to subsection 
(b), during the 5-year period beginning on the date on which the 
Foundation is established, the Secretary--
            ``(1) may provide personnel, facilities, and other 
        administrative support services to the Foundation;
            ``(2) may provide funds for initial operating costs and to 
        reimburse the travel expenses of the members of the Board; and
            ``(3) shall require and accept reimbursements from the 
        Foundation for--
                    ``(A) services provided under paragraph (1); and
                    ``(B) funds provided under paragraph (2).
    ``(b) Reimbursement.--Reimbursements accepted under subsection 
(a)(3)--
            ``(1) shall be deposited in the Treasury of the United 
        States to the credit of the applicable appropriations account; 
        and
            ``(2) shall be chargeable for the cost of providing 
        services described in subsection (a)(1) and travel expenses 
        described in subsection (a)(2).
    ``(c) Continuation of Certain Services.--The Secretary may continue 
to provide facilities and necessary support services to the Foundation 
after the termination of the 5-year period specified in subsection (a) 
if the facilities and services are--
            ``(1) available; and
            ``(2) provided on reimbursable cost basis.''.
    (d) Technical Amendments.--The Indian Self-Determination and 
Education Assistance Act is amended--
            (1) by redesignating title V (25 U.S.C. 458bbb et seq.) as 
        title VIII and moving the title so as to appear at the end of 
        the Act;
            (2) by redesignating sections 501, 502, and 503 (25 U.S.C. 
        458bbb, 458bbb-1, 458bbb-2) as sections 801, 802, and 803, 
        respectively; and
            (3) in subsection (a)(2) of section 802 and paragraph (2) 
        of section 803 (as redesignated by paragraph (2)), by striking 
        ``section 501'' and inserting ``section 801''.
    (e) Acceptance and Assistance.--Section 5 of the Indian Law 
Enforcement Reform Act (25 U.S.C. 2804) is amended by adding at the end 
the following:
    ``(g) Acceptance of Assistance.--The Bureau may accept 
reimbursement, resources, assistance, or funding from--
            ``(1) a Federal, tribal, State, or other government agency; 
        or
            ``(2) the Indian Law Enforcement Foundation established 
        under section 701(a) of the Indian Self-Determination and 
        Education Assistance Act.''.

SEC. 302. DRUG ENFORCEMENT IN INDIAN COUNTRY.

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

SEC. 303. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.

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

SEC. 304. TRIBAL COURT SENTENCING AUTHORITY.

    (a) Constitutional Rights.--Section 202 of Public Law 90-284 (25 
U.S.C. 1302) is amended--
            (1) in the matter preceding paragraph (1), by striking ``No 
        Indian tribe'' and inserting the following:
    ``(a) In General.--No Indian tribe'';
            (2) in paragraph (7) of subsection (a) (as designated by 
        paragraph (1)), by striking ``and a fine'' and inserting ``or a 
        fine''; and
            (3) by adding at the end the following:
    ``(b) Enhanced Sentencing Authority.--
            ``(1) In general.--Notwithstanding paragraph (7) of 
        subsection (a) and in addition to the limitations described in 
        the other paragraphs of that subsection, no Indian tribe, in 
        exercising any power of self-government involving a criminal 
        trial that subjects a defendant to more than 1 year 
        imprisonment for any single offense, may--
                    ``(A) deny any person in such a criminal proceeding 
                the assistance of a defense attorney licensed to 
                practice law in any jurisdiction in the United States, 
                and shall provide counsel to any defendant who is 
                unable to afford defense counsel at the expense of the 
                tribal government;
                    ``(B) require excessive bail, impose an excessive 
                fine, inflict a cruel or unusual punishment, or impose 
                for conviction of any 1 offense any penalty or 
                punishment greater than imprisonment for a term of 3 
                years or a fine of $15,000, or both; or
                    ``(C) deny any person in such a criminal proceeding 
                the due process of law.
            ``(2) Authority.--An Indian tribe exercising authority 
        pursuant to this subsection shall--
                    ``(A) require that each judge presiding over an 
                applicable criminal case--
                            ``(i) have sufficient legal training; and
                            ``(ii) be licensed to practice law in any 
                        jurisdiction in the United States; and
                    ``(B) make publicly available the criminal laws 
                (including regulations and interpretive documents) of 
                the Indian tribe.
            ``(3) Sentences.--A tribal court acting pursuant to 
        paragraph (1) may require a convicted offender--
                    ``(A) to serve the sentence--
                            ``(i) in a tribal correctional center that 
                        has been approved by the Bureau of Indian 
                        Affairs for long-term incarceration, in 
                        accordance with guidelines developed by the 
                        Bureau of Indian Affairs, in consultation with 
                        Indian tribes;
                            ``(ii) in the nearest appropriate Federal 
                        facility, at the expense of the United States 
                        pursuant to the pilot program described in 
                        paragraph (4);
                            ``(iii) in a State or local government-
                        approved detention or correctional center 
                        pursuant to an agreement between the Indian 
                        tribe and the State or local government; or
                            ``(iv) subject to paragraph (1), in an 
                        alternative rehabilitation center of an Indian 
                        tribe; or
                    ``(B) to serve another alternative form of 
                punishment, as determined by the tribal court judge 
                pursuant to tribal law.
            ``(4) Bureau of prisons tribal prisoner pilot program.--
                    ``(A) In general.--Not later than 120 days after 
                the date of enactment of the Tribal Law and Order Act 
                of 2009, the Director of the Bureau of Prisons shall 
                establish a pilot program under which the Bureau of 
                Prisons shall accept offenders convicted in tribal 
                court pursuant to this section, subject to the 
                conditions described in subparagraph (B).
                    ``(B) Conditions.--The conditions referred to in 
                subparagraph (A) are the following:
                            ``(i) The tribal court shall submit to the 
                        Attorney General a request for confinement of 
                        the offender, for approval by the Attorney 
                        General (or a designee) by not later than 30 
                        days after the date of submission.
                            ``(ii) Requests for confinement shall be 
                        limited to offenders convicted of a violent 
                        crime for which the sentence includes a term of 
                        imprisonment of 2 or more years, as determined 
                        by the Director of the Bureau of Prisons, in 
                        consultation with the appropriate tribal 
                        governments.
                            ``(iii) The imprisonment by the Bureau of 
                        Prisons shall be subject to the conditions 
                        described in section 5003 of title 18, United 
                        States Code, regarding the custody of State 
                        offenders, except that the offender shall be 
                        placed in the nearest available and appropriate 
                        Federal facility.
                            ``(iv) The Bureau of Prisons shall confine 
                        not more than 100 tribal offenders at any time.
                    ``(C) Rescinding requests.--
                            ``(i) In general.--The applicable tribal 
                        government shall retain the authority to 
                        rescind the request for confinement of a tribal 
                        offender by the Bureau of Prisons under this 
                        paragraph at any time during the sentence of 
                        the offender.
                            ``(ii) Return to tribal custody.--On 
                        rescission of a request under clause (i), a 
                        tribal offender shall be returned to tribal 
                        custody.
                    ``(D) Request for reassessment.--If tribal court 
                demand for participation in the program under this 
                paragraph exceeds the limitation described in 
                subparagraph (B)(iv), a representative of the Bureau of 
                Prisons shall submit to Congress a notice requesting 
                reassessment of the program.
                    ``(E) Report.--Not later than 3 years after the 
                date of establishment of the program under this 
                paragraph, the Attorney General shall submit to 
                Congress a report describing the status of the program, 
                including recommendations regarding the future of the 
                program, if any.
                    ``(F) Termination.--Except as otherwise provided by 
                an Act of Congress, the pilot program under this 
                paragraph shall expire on the date that is 4 years 
                after the date on which the program is established.
    ``(c) Separation of Offenses.--For purposes of this section, 2 or 
more offenses may be considered to be separate offenses for purposes of 
charging and sentencing if each offense requires proof of an element 
that the other offenses do not, without regard to--
            ``(1) the accusatory pleading; or
            ``(2) the proof adduced at trial.
    ``(d) 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.''.
    (b) Grants and Contracts.--Section 1007(b) of the Economic 
Opportunity Act of 1964 (42 U.S.C. 2996f(b)) is amended by striking 
paragraph (2) and inserting the following:
            ``(2) to provide legal assistance with respect to any 
        criminal proceeding, except to provide assistance to a person 
        charged with an offense in an Indian tribal court;''.

SEC. 305. INDIAN LAW AND ORDER COMMISSION.

    The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as 
amended by section 104(b)) is amended by adding at the end the 
following:

``SEC. 15. INDIAN LAW AND ORDER COMMISSION.

    ``(a) Establishment.--There is established a commission to be known 
as the Indian Law and Order Commission (referred to in this section as 
the `Commission').
    ``(b) Membership.--
            ``(1) In general.--The Commission shall be composed of 9 
        members, of whom--
                    ``(A) 3 shall be appointed by the President, in 
                consultation with--
                            ``(i) the Attorney General; and
                            ``(ii) the Secretary;
                    ``(B) 2 shall be appointed by the Majority Leader 
                of the Senate, in consultation with the Chairperson of 
                the Committee on Indian Affairs of the Senate;
                    ``(C) 1 shall be appointed by the Minority Leader 
                of the Senate, in consultation with the Vice 
                Chairperson of the Committee on Indian Affairs of the 
                Senate;
                    ``(D) 2 shall be appointed by the Speaker of the 
                House of Representatives, in consultation with the 
                Chairperson of the Committee on Natural Resources of 
                the House of Representatives; and
                    ``(E) 1 shall be appointed by the Minority Leader 
                of the House of Representatives, in consultation with 
                the Ranking Member of the Committee on Natural 
                Resources of the House of Representatives.
            ``(2) Requirements for eligibility.--Each member of the 
        Commission shall have significant experience and expertise in--
                    ``(A) the Indian country criminal justice system; 
                and
                    ``(B) matters to be studied by the Commission.
            ``(3) Consultation required.--The President, the Speaker 
        and Minority Leader of the House of Representatives, and the 
        Majority Leader and Minority Leader of the Senate shall consult 
        before the appointment of members of the Commission under 
        paragraph (1) to achieve, to the maximum extent practicable, 
        fair and equitable representation of various points of view 
        with respect to the matters to be studied by the Commission.
            ``(4) Term.--Each member shall be appointed for the life of 
        the Commission.
            ``(5) Time for initial appointments.--The appointment of 
        the members of the Commission shall be made not later than 60 
        days after the date of enactment of this Act.
            ``(6) Vacancies.--A vacancy in the Commission shall be 
        filled--
                    ``(A) in the same manner in which the original 
                appointment was made; and
                    ``(B) not later than 60 days after the date on 
                which the vacancy occurred.
    ``(c) Operation.--
            ``(1) Chairperson.--Not later than 15 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall select 1 member to serve as Chairperson of the 
        Commission.
            ``(2) Meetings.--
                    ``(A) In general.--The Commission shall meet at the 
                call of the Chairperson.
                    ``(B) Initial meeting.--The initial meeting shall 
                take place not later than 30 days after the date 
                described in paragraph (1).
            ``(3) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            ``(4) Rules.--The Commission may establish, by majority 
        vote, any rules for the conduct of Commission business, in 
        accordance with this Act and other applicable law.
    ``(d) Comprehensive Study of Criminal Justice System Relating to 
Indian Country.--The Commission shall conduct a comprehensive study of 
law enforcement and criminal justice in tribal communities, including--
            ``(1) jurisdiction over crimes committed in Indian country 
        and the impact of that jurisdiction on--
                    ``(A) the investigation and prosecution of Indian 
                country crimes; and
                    ``(B) residents of Indian land;
            ``(2) the tribal jail and Federal prisons systems and the 
        effect of those systems with respect to--
                    ``(A) reducing Indian country crime; and
                    ``(B) rehabilitation of offenders;
            ``(3)(A) tribal juvenile justice systems and the Federal 
        juvenile justice system as relating to Indian country; and
            ``(B) the effect of those systems and related programs in 
        preventing juvenile crime, rehabilitating Indian youth in 
        custody, and reducing recidivism among Indian youth;
            ``(4) 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
            ``(5) studies of such other subjects as the Commission 
        determines relevant to achieve the purposes of the Tribal Law 
        and Order Act of 2009.
    ``(e) Recommendations.--Taking into consideration the results of 
the study under paragraph (1), the Commission shall develop 
recommendations on necessary modifications and improvements to justice 
systems at the tribal, Federal, and State levels, including 
consideration of--
            ``(1) simplifying jurisdiction in Indian country;
            ``(2) improving services and programs--
                    ``(A) to prevent juvenile crime on Indian land;
                    ``(B) to rehabilitate Indian youth in custody; and
                    ``(C) to reduce recidivism among Indian youth;
            ``(3) enhancing the penal authority of tribal courts and 
        exploring alternatives to incarceration;
            ``(4) the establishment of satellite United States 
        magistrate or district courts in Indian country;
            ``(5) changes to the tribal jails and Federal prison 
        systems; and
            ``(6) other issues that, as determined by the Commission, 
        would reduce violent crime in Indian country.
    ``(f) Report.--Not later than 2 years after the date of enactment 
of this Act, the Commission shall submit to the President and Congress 
a report that contains--
            ``(1) a detailed statement of the findings and conclusions 
        of the Commission; and
            ``(2) the recommendations of the Commission for such 
        legislative and administrative actions as the Commission 
        considers to be appropriate.
    ``(g) Powers.--
            ``(1) Hearings.--
                    ``(A) In general.--The Commission may hold such 
                hearings, meet and act at such times and places, take 
                such testimony, and receive such evidence as the 
                Commission considers to be advisable to carry out the 
                duties of the Commission under this section.
                    ``(B) Public requirement.--The hearings of the 
                Commission under this paragraph shall be open to the 
                public.
            ``(2) Witness expenses.--
                    ``(A) In general.--A witness requested to appear 
                before the Commission shall be paid the same fees as 
                are paid to witnesses under section 1821 of title 28, 
                United States Code.
                    ``(B) Per diem and mileage.--The per diem and 
                mileage allowance for a witness shall be paid from 
                funds made available to the Commission.
            ``(3) Information from federal, tribal, and state 
        agencies.--
                    ``(A) In general.--The Commission may secure 
                directly from a Federal agency such information as the 
                Commission considers to be necessary to carry out this 
                section.
                    ``(B) Tribal and state agencies.--The Commission 
                may request the head of any tribal or State agency to 
                provide to the Commission such information as the 
                Commission considers to be necessary to carry out this 
                section.
            ``(4) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other agencies of the Federal Government.
            ``(5) Gifts.--The Commission may accept, use, and dispose 
        of gifts or donations of services or property.
    ``(h) Commission Personnel Matters.--
            ``(1) Travel expenses.--A member of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Commission.
            ``(2) Detail of federal employees.--On the affirmative vote 
        of \2/3\ of the members of the Commission and the approval of 
        the appropriate Federal agency head, an employee of the Federal 
        Government may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status, benefits, or privileges.
            ``(3) Procurement of temporary and intermittent services.--
        On request of the Commission, the Attorney General and 
        Secretary shall provide to the Commission reasonable and 
        appropriate office space, supplies, and administrative 
        assistance.
    ``(i) Contracts for Research.--
            ``(1) Researchers and experts.--
                    ``(A) In general.--On an affirmative vote of \2/3\ 
                of the members of the Commission, the Commission may 
                select nongovernmental researchers and experts to 
                assist the Commission in carrying out the duties of the 
                Commission under this section.
                    ``(B) National institute of justice.--The National 
                Institute of Justice may enter into a contract with the 
                researchers and experts selected by the Commission 
                under subparagraph (A) to provide funding in exchange 
                for the services of the researchers and experts.
            ``(2) Other organizations.--Nothing in this subsection 
        limits the ability of the Commission to enter into contracts 
        with any other entity or organization to carry out research 
        necessary to carry out the duties of the Commission under this 
        section.
    ``(j) Tribal Advisory Committee.--
            ``(1) Establishment.--The Commission shall establish a 
        committee, to be known as the `Tribal Advisory Committee'.
            ``(2) Membership.--
                    ``(A) Composition.--The Tribal Advisory Committee 
                shall consist of 2 representatives of Indian tribes 
                from each region of the Bureau.
                    ``(B) Qualifications.--Each member of the Tribal 
                Advisory Committee shall have experience relating to--
                            ``(i) justice systems;
                            ``(ii) crime prevention; or
                            ``(iii) victim services.
            ``(3) Duties.--The Tribal Advisory Committee shall--
                    ``(A) serve as an advisory body to the Commission; 
                and
                    ``(B) provide to the Commission advice and 
                recommendations, submit materials, documents, 
                testimony, and such other information as the Commission 
                determines to be necessary to carry out the duties of 
                the Commission under this section.
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section, to 
remain available until expended.
    ``(l) Termination of Commission.--The Commission shall terminate 90 
days after the date on which the Commission submits the report of the 
Commission under subsection (c)(3).
    ``(m) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Commission.''.

                    TITLE IV--TRIBAL JUSTICE SYSTEMS

SEC. 401. INDIAN ALCOHOL AND SUBSTANCE ABUSE.

    (a) Correction of References.--
            (1) Inter-departmental memorandum of agreement.--Section 
        4205 of the Indian Alcohol and Substance Abuse Prevention and 
        Treatment Act of 1986 (25 U.S.C. 2411) is amended--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1)--
                                    (I) by striking ``the date of 
                                enactment of this subtitle'' and 
                                inserting ``the date of enactment of 
                                the Tribal Law and Order Act of 2009''; 
                                and
                                    (II) by inserting ``, the Attorney 
                                General,'' after ``Secretary of the 
                                Interior'';
                            (ii) in paragraph (2)(A), by inserting ``, 
                        Bureau of Justice Assistance, Substance Abuse 
                        and Mental Health Services Administration,'' 
                        after ``Bureau of Indian Affairs,'';
                            (iii) in paragraph (4), by inserting ``, 
                        Department of Justice, Substance Abuse and 
                        Mental Health Services Administration,'' after 
                        ``Bureau of Indian Affairs'';
                            (iv) in paragraph (5), by inserting ``, 
                        Department of Justice, Substance Abuse and 
                        Mental Health Services Administration,'' after 
                        ``Bureau of Indian Affairs'';
                            (v) in paragraph (7), by inserting ``, the 
                        Attorney General,'' after ``Secretary of the 
                        Interior'';
                    (B) in subsection (c), by inserting ``, the 
                Attorney General,'' after ``Secretary of the 
                Interior''; and
                    (C) in subsection (d), by striking ``the date of 
                enactment of this subtitle'' and inserting ``the date 
                of enactment of the Tribal Law and Order Act of 2009''.
            (2) Tribal action plans.--Section 4206 of the Indian 
        Alcohol and Substance Abuse Prevention and Treatment Act of 
        1986 (25 U.S.C. 2412) is amended--
                    (A) in subsection (b), in the first sentence, by 
                inserting ``, the Bureau of Justice Assistance, the 
                Substance Abuse and Mental Health Services 
                Administration,'' before ``and the Indian Health 
                Service service unit'';
                    (B) in subsection (c)(1)(A)(i), by inserting ``, 
                the Bureau of Justice Assistance, the Substance Abuse 
                and Mental Health Services Administration,'' before 
                ``and the Indian Health Service service unit'';
                    (C) in subsection (d)(2), by striking ``fiscal year 
                1993 and such sums as are necessary for each of the 
                fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 
                2000'' and inserting ``the period of fiscal years 2010 
                through 2014'';
                    (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 ``fiscal years 2010 through 
                2014''.
            (3) Departmental responsibility.--Section 4207 of the 
        Indian Alcohol and Substance Abuse Prevention and Treatment Act 
        of 1986 (25 U.S.C. 2413) is amended--
                    (A) in subsection (a), by inserting ``, the 
                Attorney General'' after ``Bureau of Indian Affairs'';
                    (B) in subsection (b)--
                            (i) by striking paragraph (1) and inserting 
                        the following:
            ``(1) Establishment.--
                    ``(A) In general.--To improve coordination among 
                the Federal agencies and departments carrying out this 
                subtitle, there is established within the Substance 
                Abuse and Mental Health Services Administration an 
                office, to be known as the `Office of Indian Alcohol 
                and Substance Abuse' (referred to in this section as 
                the `Office').
                    ``(B) Director.--The director of the Office shall 
                be appointed by the Director of the Substance Abuse and 
                Mental Health Services Administration--
                            ``(i) on a permanent basis; and
                            ``(ii) at a grade of not less than GS-15 of 
                        the General Schedule.'';
                            (ii) in paragraph (2)--
                                    (I) by striking ``(2) In addition'' 
                                and inserting the following:
            ``(2) Responsibilities of office.--In addition'';
                                    (II) by striking subparagraph (A) 
                                and inserting the following:
                    ``(A) coordinating with other agencies to monitor 
                the performance and compliance of the relevant Federal 
                programs in achieving the goals and purposes of this 
                subtitle and the Memorandum of Agreement entered into 
                under section 4205;'';
                                    (III) in subparagraph (B)--
                                            (aa) by striking ``within 
                                        the Bureau of Indian Affairs''; 
                                        and
                                            (bb) by striking the period 
                                        at the end and inserting ``; 
                                        and''; and
                                    (IV) by adding at the end the 
                                following:
                    ``(C) not later than 1 year after the date of 
                enactment of the Tribal Law and Order Act of 2009, 
                developing, in coordination and consultation with 
                tribal governments, a framework for interagency and 
                tribal coordination that--
                            ``(i) establish the goals and other desired 
                        outcomes of this Act;
                            ``(ii) prioritizes outcomes that are 
                        aligned with the purposes of affected agencies;
                            ``(iii) provides guidelines for resource 
                        and information sharing;
                            ``(iv) provides technical assistance to the 
                        affected agencies to establish effective and 
                        permanent interagency communication and 
                        coordination; and
                            ``(v) determines whether collaboration is 
                        feasible, cost-effective, and within agency 
                        capability.''; and
                            (iii) by striking paragraph (3) and 
                        inserting the following:
            ``(3) Appointment of employees.--The Director of the 
        Substance Abuse and Mental Health Services Administration shall 
        appoint such employees to work in the Office, and shall provide 
        such funding, services, and equipment, as may be necessary to 
        enable the Office to carry out the responsibilities under this 
        subsection.''; and
                    (C) in subsection (c)--
                            (i) by striking ``of Alcohol and Substance 
                        Abuse'' each place it appears;
                            (ii) in paragraph (1), in the second 
                        sentence, by striking ``The Assistant Secretary 
                        of the Interior for Indian Affairs'' and 
                        inserting ``The Director of the Substance Abuse 
                        and Mental Health Services Administration''; 
                        and
                            (iii) in paragraph (3)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking ``Youth'' 
                                and inserting ``youth''; and
                                    (II) by striking ``programs of the 
                                Bureau of Indian Affairs'' and 
                                inserting ``the applicable Federal 
                                programs''.
            (4) Review of programs.--Section 4208a(a) of the Indian 
        Alcohol and Substance Abuse Prevention and Treatment Act of 
        1986 (25 U.S.C. 2414a(a)) is amended in the matter preceding 
        paragraph (1) by inserting ``, the Attorney General,'' after 
        ``the Secretary of the Interior''.
            (5) Federal facilities, property, and equipment.--Section 
        4209 of the Indian Alcohol and Substance Abuse Prevention and 
        Treatment Act of 1986 (25 U.S.C. 2415) is amended--
                    (A) in subsection (a), by inserting ``, the 
                Attorney General,'' after ``the Secretary of the 
                Interior'';
                    (B) in subsection (b)--
                            (i) in the first sentence, by inserting ``, 
                        the Attorney General,'' after ``the Secretary 
                        of the Interior'';
                            (ii) in the second sentence, by inserting 
                        ``, nor the Attorney General,'' after ``the 
                        Secretary of the Interior''; and
                            (iii) in the third sentence, by inserting 
                        ``, the Department of Justice,'' after ``the 
                        Department of the Interior''; and
                    (C) in subsection (c)(1), by inserting ``, the 
                Attorney General,'' after ``the Secretary of the 
                Interior''.
            (6) Newsletter.--Section 4210 of the Indian Alcohol and 
        Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
        2416) is amended--
                    (A) in subsection (a), in the first sentence, by 
                inserting ``, the Attorney General,'' after ``the 
                Secretary of Health and Human Services''; 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 2010 
                through 2014''.
            (7) Review.--Section 4211(a) of the Indian Alcohol and 
        Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
        2431(a)) is amended in the matter preceding paragraph (1) by 
        inserting ``, the Attorney General,'' after ``the Secretary of 
        the Interior''.
    (b) Indian Education Programs.--Section 4212 of the Indian Alcohol 
and Substance Abuse Prevention Act of 1986 (25 U.S.C. 2432) is amended 
by striking subsection (a) and inserting the following:
    ``(a) Summer Youth Programs.--
            ``(1) In general.--The head of the Indian Alcohol and 
        Substance Abuse Program, in coordination with the Assistant 
        Secretary for Indian Affairs, shall develop and implement 
        programs in tribal schools and schools funded by the Bureau of 
        Indian Education (subject to the approval of the local school 
        board or contract school board) to determine the effectiveness 
        of summer youth programs in advancing the purposes and goals of 
        this Act.
            ``(2) Costs.--The head of the Indian Alcohol and Substance 
        Abuse Program and the Assistant Secretary shall defray all 
        costs associated with the actual operation and support of the 
        summer youth programs 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 programs under 
        this subsection such sums as are necessary for each of fiscal 
        years 2010 through 2014.''.
    (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 2010 
        through 2014.'';
            (2) in paragraph (2), by striking ``$7,000,000'' and all 
        that follows through the end of the paragraph and inserting 
        ``$10,000,000 for each of fiscal years 2010 through 2014.''; 
        and
            (3) by indenting paragraphs (4) and (5) appropriately.
    (d) Review of Programs.--Section 4215(a) of the Indian Alcohol and 
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
2441(a)) is amended by inserting ``, the Attorney General,'' after 
``the Secretary of the Interior''.
    (e) Illegal Narcotics Trafficking; Source Eradication.--Section 
4216 of the Indian Alcohol and Substance Abuse Prevention and Treatment 
Act of 1986 (25 U.S.C. 2442) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking the 
                        comma at the end and inserting a semicolon;
                            (ii) in subparagraph (B), by striking ``, 
                        and'' at the end and inserting a semicolon;
                            (iii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(D) the Blackfeet Nation of Montana for the 
                investigation and control of illegal narcotics traffic 
                on the Blackfeet Indian Reservation along the border 
                with Canada.'';
                    (B) in paragraph (2), by striking ``United States 
                Custom Service'' and inserting ``United States Customs 
                and Border Protection, the Bureau of Immigration and 
                Customs Enforcement, and the Drug Enforcement 
                Administration''; and
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection such 
        sums as are necessary for each of fiscal years 2010 through 
        2014.''; 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 2010 through 2014.''.
    (f) Law Enforcement and Judicial Training.--Section 4218 of the 
Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 
(25 U.S.C. 2451) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Training Programs.--
            ``(1) In general.--The Secretary of the Interior, in 
        coordination with the Attorney General, the Administrator of 
        the Drug Enforcement Administration, and the Director of the 
        Federal Bureau of Investigation, shall ensure, through the 
        establishment of a new training program or by supplementing 
        existing training programs, that all Bureau of Indian Affairs 
        and tribal law enforcement and judicial personnel have access 
        to training regarding--
                    ``(A) the investigation and prosecution of offenses 
                relating to illegal narcotics; and
                    ``(B) alcohol and substance abuse prevention and 
                treatment.
            ``(2) Youth-related training.--Any training provided to 
        Bureau of Indian Affairs or tribal law enforcement or judicial 
        personnel under paragraph (1) shall include training in issues 
        relating to youth alcohol and substance abuse prevention and 
        treatment.''; and
            (2) in subsection (b), by striking ``as may be necessary'' 
        and all that follows through the end of the subsection and 
        inserting ``as are necessary for each of fiscal years 2010 
        through 2014.''.
    (g) Juvenile Detention Centers.--Section 4220 of the Indian Alcohol 
and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 
2453) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Secretary'' the first place 
                it appears and inserting the following:
            ``(1) In general.--The Secretary'';
                    (B) in the second sentence, by striking ``The 
                Secretary shall'' and inserting the following:
            ``(2) Construction and operation.--The Secretary shall''; 
        and
                    (C) by adding at the end the following:
            ``(3) Development of plan.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this paragraph, the Secretary 
                and the Attorney General, in consultation with tribal 
                leaders and tribal justice officials, shall develop a 
                long-term plan for the construction, renovation, and 
                operation of Indian juvenile detention and treatment 
                centers and alternatives to detention for juvenile 
                offenders.
                    ``(B) Coordination.--The plan under subparagraph 
                (A) shall require the Bureau of Indian Education and 
                the Indian Health Service to coordinate with tribal and 
                Bureau of Indian Affairs juvenile detention centers to 
                provide services to those centers.''; and
            (2) in subsection (b)--
                    (A) 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 
                2010 through 2014''; and
                    (B) by indenting paragraph (2) appropriately.

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

    (a) Indian Tribal Justice.--
            (1) Base support funding.--Section 103(b) of the Indian 
        Tribal Justice Act (25 U.S.C. 3613(b)) is amended by striking 
        paragraph (2) and inserting the following:
            ``(2) the employment of tribal court personnel, including 
        tribal court judges, prosecutors, public defenders, guardians 
        ad litem, and court-appointed special advocates for children 
        and juveniles;''.
            (2) Tribal justice systems.--Section 201 of the Indian 
        Tribal Justice Act (25 U.S.C. 3621) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``the provisions of 
                        sections 101 and 102 of this Act'' and 
                        inserting ``sections 101 and 102''; and
                            (ii) by striking ``the fiscal years 2000 
                        through 2007'' and inserting ``fiscal years 
                        2010 through 2014'';
                    (B) in subsection (b)--
                            (i) by striking ``the provisions of section 
                        103 of this Act'' and inserting ``section 
                        103''; and
                            (ii) by striking ``the fiscal years 2000 
                        through 2007'' and inserting ``fiscal years 
                        2010 through 2014'';
                    (C) in subsection (c), by striking ``the fiscal 
                years 2000 through 2007'' and inserting ``fiscal years 
                2010 through 2014''; and
                    (D) in subsection (d), by striking ``the fiscal 
                years 2000 through 2007'' and inserting ``fiscal years 
                2010 through 2014''.
    (b) Technical and Legal Assistance.--
            (1) Tribal civil legal assistance grants.--Section 102 of 
        the Indian Tribal Justice Technical and Legal Assistance Act of 
        2000 (25 U.S.C. 3662) is amended by inserting ``(including 
        guardians ad litem and court-appointed special advocates for 
        children and juveniles)'' after ``civil legal assistance''.
            (2) Tribal criminal legal assistance grants.--Section 103 
        of the Indian Tribal Justice Technical and Legal Assistance Act 
        of 2000 (25 U.S.C. 3663) is amended by striking ``criminal 
        legal assistance to members of Indian tribes and tribal justice 
        systems'' and inserting ``licensed public defender services to 
        all defendants subject to tribal court jurisdiction and 
        prosecution and judicial services for tribal courts''.
            (3) Funding.--The Indian Tribal Justice Technical and Legal 
        Assistance Act of 2000 is amended--
                    (A) in section 107 (as redesignated by section 
                104(a)(2)(A)), by striking ``2000 through 2004'' and 
                inserting ``2010 through 2014''; and
                    (B) in section 201(d) (25 U.S.C. 3681(d)), by 
                striking ``2000 through 2004'' and inserting ``2010 
                through 2014''.

SEC. 403. TRIBAL RESOURCES GRANT PROGRAM.

    Section 1701 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3796dd) is amended--
            (1) in subsection (b)--
                    (A) in each of paragraphs (1) through (4) and (6) 
                through (17), by inserting ``to'' after the paragraph 
                designation;
                    (B) in paragraph (1), by striking ``State and'' and 
                inserting ``State, tribal, or'';
                    (C) in paragraphs (9) and (10), by inserting ``, 
                tribal,'' after ``State'' each place it appears;
                    (D) in paragraph (15)--
                            (i) by striking ``a State in'' and 
                        inserting ``a State or Indian tribe in'';
                            (ii) by striking ``the State which'' and 
                        inserting ``the State or tribal community 
                        that''; and
                            (iii) by striking ``a State or'' and 
                        inserting ``a State, tribal, or'';
                    (E) in paragraph (16), by striking ``and'' at the 
                end
                    (F) in paragraph (17), by striking the period at 
                the end and inserting ``; and'';
                    (G) by redesignating paragraphs (6) through (17) as 
                paragraphs (5) through (16), respectively; and
                    (H) by adding at the end the following:
            ``(17) to permit tribal governments receiving direct law 
        enforcement services from the Bureau of Indian Affairs to 
        access the program under this section for use in accordance 
        with paragraphs (1) through (16).''.
            (2) in subsection (i), by striking ``The authority'' and 
        inserting ``Except as provided in subsection (j), the 
        authority''; and
            (3) by adding at the end the following:
    ``(j) Grants to Indian Tribes.--
            ``(1) In general.--Notwithstanding subsection (i) and 
        section 1703, and in acknowledgment of the Federal nexus and 
        distinct Federal responsibility to address and prevent crime in 
        Indian country, the Attorney General shall provide grants under 
        this section to Indian tribal governments, for fiscal year 2010 
        and any fiscal year thereafter, for such period as the Attorney 
        General determines to be appropriate to assist the Indian 
        tribal governments in carrying out the purposes described in 
        subsection (b).
            ``(2) Priority of funding.--In providing grants to Indian 
        tribal governments under this subsection, the Attorney General 
        shall take into consideration reservation crime rates and 
        tribal law enforcement staffing needs of each Indian tribal 
        government.
            ``(3) Federal share.--Because of the Federal nature and 
        responsibility for providing public safety on Indian land, the 
        Federal share of the cost of any activity carried out using a 
        grant under this subsection--
                    ``(A) shall be 100 percent; and
                    ``(B) may be used to cover indirect costs.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection for each of fiscal years 2010 through 
        2014.
    ``(k) Report.--Not later than 180 days after the date of enactment 
of this subsection, the Attorney General shall submit to Congress a 
report describing the extent and effectiveness of the Community 
Oriented Policing (COPS) initiative as applied in Indian country, 
including particular references to--
            ``(1) the problem of intermittent funding;
            ``(2) the integration of COPS personnel with existing law 
        enforcement authorities; and
            ``(3) an explanation of how the practice of community 
        policing and the broken windows theory can most effectively be 
        applied in remote tribal locations.''.

SEC. 404. TRIBAL JAILS PROGRAM.

    (a) In General.--Section 20109 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13709) is amended by striking 
subsection (a) and inserting the following:
    ``(a) Reservation of Funds.--Notwithstanding any other provision of 
this part, of amounts made available to the Attorney General to carry 
out programs relating to offender incarceration, the Attorney General 
shall reserve $35,000,000 for each of fiscal years 2010 through 2014 to 
carry out this section.''.
    (b) Regional Detention Centers.--
            (1) In general.--Section 20109 of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by 
        striking subsection (b) and inserting the following:
    ``(b) Grants to Indian Tribes.--
            ``(1) In general.--From the amounts reserved under 
        subsection (a), the Attorney General shall provide grants--
                    ``(A) to Indian tribes for purposes of--
                            ``(i) construction and maintenance of jails 
                        on Indian land for the incarceration of 
                        offenders subject to tribal jurisdiction;
                            ``(ii) entering into contracts with private 
                        entities to increase the efficiency of the 
                        construction of tribal jails; and
                            ``(iii) developing and implementing 
                        alternatives to incarceration in tribal jails;
                    ``(B) to Indian tribes for the construction of 
                tribal justice centers that combine tribal police, 
                courts, and corrections services to address violations 
                of tribal civil and criminal laws;
                    ``(C) to consortia of Indian tribes for purposes of 
                constructing and operating regional detention centers 
                on Indian land for long-term incarceration of offenders 
                subject to tribal jurisdiction, as the applicable 
                consortium determines to be appropriate.
            ``(2) Priority of funding.--in providing grants under this 
        subsection, the Attorney General shall take into consideration 
        applicable--
                    ``(A) reservation crime rates;
                    ``(B) annual tribal court convictions; and
                    ``(C) bed space needs.
            ``(3) Federal share.--Because of the Federal nature and 
        responsibility for providing public safety on Indian land, the 
        Federal share of the cost of any activity carried out using a 
        grant under this subsection shall be 100 percent.''.
            (2) Conforming amendment.--Section 20109(c) of the Violent 
        Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
        13709(c)) is amended by inserting ``or consortium of Indian 
        tribes, as applicable,'' after ``Indian tribe''.
            (3) Long-term plan.--Section 20109 of the Violent Crime 
        Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is 
        amended by adding at the end the following:
    ``(d) Long-term Plan.--Not later than 1 year after the date of 
enactment of this subsection, the Attorney General, in coordination 
with the Bureau of Indian Affairs and in consultation with tribal 
leaders, tribal law enforcement officers, and tribal corrections 
officials, shall submit to Congress a long-term plan to address 
incarceration in Indian country, including a description of--
            ``(1) proposed activities for construction of detention 
        facilities (including regional facilities) on Indian land;
            ``(2) proposed activities for construction of additional 
        Federal detention facilities on Indian land;
            ``(3) proposed activities for contracting with State and 
        local detention centers, with tribal government approval;
            ``(4) proposed alternatives to incarceration, developed in 
        cooperation with tribal court systems; and
            ``(5) such other alternatives as the Attorney General, in 
        coordination with the Bureau of Indian Affairs and in 
        consultation with Indian tribes, determines to be necessary.''.

SEC. 405. TRIBAL PROBATION OFFICE LIAISON PROGRAM.

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

``SEC. 203. ASSISTANT PROBATION OFFICERS.

    ``To the maximum extent practicable, the Director of the 
Administrative Office of the United States Courts, in coordination with 
the Office of Tribal Justice and the Director of the Office of Justice 
Services, shall--
            ``(1) appoint individuals residing in Indian country to 
        serve as assistant probation officers for purposes of 
        monitoring and providing service to Federal prisoners residing 
        in Indian country; and
            ``(2) provide substance abuse, mental health, and other 
        related treatment services to offenders residing on Indian 
        land.''.

SEC. 406. TRIBAL YOUTH PROGRAM.

    (a) Incentive Grants for Local Delinquency Prevention Programs.--
            (1) In general.--Section 504 of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (42 U.S.C. 5783) is 
        amended--
                    (A) in subsection (a), by inserting ``, or to 
                Indian tribes under subsection (d)'' after ``subsection 
                (b)''; and
                    (B) by adding at the end the following:
    ``(d) Grants for Tribal Delinquency Prevention and Response 
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--
                            ``(i) tribal juvenile delinquency 
                        prevention services; and
                            ``(ii) the ability of Indian tribes to 
                        respond to, and care for, juvenile offenders; 
                        and
                    ``(B) to encourage accountability of Indian tribal 
                governments with respect to preventing juvenile 
                delinquency and responding to, and caring for, juvenile 
                offenders.
            ``(2) Eligible indian tribes.--To be eligible to receive a 
        grant under this subsection, an Indian tribe or consortium of 
        Indian tribes shall submit to the Administrator an application 
        in such form and containing such information as the 
        Administrator may require.
            ``(3) Priority of funding.--In providing grants under this 
        subsection, the Administrator shall take into consideration, 
        with respect to the reservation communities to be served--
                    ``(A) juvenile crime rates;
                    ``(B) dropout rates; and
                    ``(C) percentage of at-risk youth.''.
            (2) Authorization of appropriations.--Section 505 of the 
        Juvenile Justice and Delinquency Prevention Act of 1974 (42 
        U.S.C. 5784) is amended by striking ``fiscal years 2004, 2005, 
        2006, 2007, and 2008'' and inserting ``each of fiscal years 
        2010 through 2014''.
    (b) Coordinating Council on Juvenile Justice and Delinquency 
Prevention.--Section 206(a)(2) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5616(a)(2)) is amended--
            (1) in subparagraph (A), by striking ``Nine'' and inserting 
        ``Ten''; and
            (2) in subparagraph (B), by adding at the end the 
        following:
                            ``(iv) One member shall be appointed by the 
                        Chairman of the Committee on Indian Affairs of 
                        the Senate, in consultation with the Vice 
                        Chairman of that Committee.''.

SEC. 407. IMPROVING PUBLIC SAFETY PRESENCE IN RURAL ALASKA.

    (a) Definitions.--In this section:
            (1) State.--
                    (A) In general.--The term ``State'' means the State 
                of Alaska.
                    (B) Inclusion.--The term ``State'' includes any 
                political subdivision of the State of Alaska.
            (2) Village public safety officer.--The term ``village 
        public safety officer'' means an individual employed as a 
        village public safety officer under the program established by 
        the State pursuant to Alaska Statute 18.65.670.
    (b) COPS Grants.--The State and any Indian tribe or tribal 
organization that employs a village public safety officer shall be 
eligible to apply for a grant under section 1701 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) (provided that 
only an Indian tribe or tribal organization may receive a grant under 
the tribal resources grant program under subsection (j) of that 
section) on an equal basis with other eligible applicants for funding 
under that section.
    (c) Staffing for Adequate Fire and Emergency Response Grants.--The 
State and any Indian tribe or tribal organization that employs a 
village public safety officer shall be eligible to apply for a grant 
under the Staffing for Adequate Fire and Emergency Response program 
under section 34 of the Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2229a) on an equal basis with other eligible applicants for 
funding under that program.
    (d) Training for Village Public Safety Officers and Tribal Law 
Enforcement Positions Funded Under COPS Program.--
            (1) In general.--Any village public safety officer or 
        tribal law enforcement officer in the State shall be eligible 
        to participate in any training program offered at the Indian 
        Police Academy of the Federal Law Enforcement Training Center.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary such sums as are necessary 
        for each of fiscal years 2011 through 2015 to provide grants to 
        Indian tribes and tribal organizations in the State for the 
        training of village public safety officers and tribal law 
        enforcement positions funded under the tribal resources grant 
        program under subsection (j) of section 1701 of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) 
        at--
                    (A) the Indian Police Academy of the Federal Law 
                Enforcement Training Center; or
                    (B) a police academy in the State certified by the 
                Alaska Police Standards Council.

 TITLE V--INDIAN COUNTRY CRIME DATA COLLECTION AND INFORMATION SHARING

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

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

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

    Section 3 of the Indian Law Enforcement Reform Act (25 U.S.C. 2802) 
(as amended by section 101(b)(5)) is amended by adding at the end the 
following:
    ``(g) Grants to Improve Tribal Data Collection Systems.--
            ``(1) Grant program.--The Secretary, acting through the 
        Director of the Office of Justice Services of the Bureau and in 
        coordination with the Attorney General, shall establish a 
        program under which the Secretary shall provide grants to 
        Indian tribes for activities to ensure uniformity in the 
        collection and analysis of data relating to crime in Indian 
        country.
            ``(2) Regulations.--The Secretary, acting through the 
        Director of the Office of Justice Services of the Bureau, in 
        consultation with tribal governments and tribal justice 
        officials, shall promulgate such regulations as are necessary 
        to carry out the grant program under this subsection.''.

SEC. 503. CRIMINAL HISTORY RECORD IMPROVEMENT PROGRAM.

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

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

SEC. 601. PRISONER RELEASE AND REENTRY.

    (a) Duties of Bureau of Prisons.--Section 4042 of title 18, United 
States Code, is amended--
            (1) in subsection (a)(4), by inserting ``, tribal,'' after 
        ``State'';
            (2) in subsection (b)(1), in the first sentence, by 
        striking ``officer of the State and of the local jurisdiction'' 
        and inserting ``officers of each State, tribal, and local 
        jurisdiction''; and
            (3) in subsection (c)(1)--
                    (A) in subparagraph (A), by striking ``officer of 
                the State and of the local jurisdiction'' and inserting 
                ``officer of each State, tribal, and local 
                jurisdiction''; and
                    (B) in subparagraph (B), by inserting ``, tribal,'' 
                after ``State'' each place it appears.
    (b) Authority of Institute; Time; Records of Recipients; Access; 
Scope of Section.--Section 4352(a) of title 18, United States Code, is 
amended--
            (1) in paragraphs (1), (3), (4), and (8), by inserting 
        ``tribal,'' after ``State,'' each place it appears;
            (2) in paragraph (6)--
                    (A) by inserting ``and tribal communities,'' after 
                ``States''; and
                    (B) by inserting ``, tribal,'' after ``State''; and
            (3) in paragraph (12) by inserting ``, tribal,'' after 
        ``State''.

SEC. 602. DOMESTIC AND SEXUAL VIOLENT OFFENSE TRAINING.

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

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

    The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as 
amended by section 305) is amended by adding at the end the following:

``SEC. 16. TESTIMONY BY FEDERAL EMPLOYEES IN CASES OF RAPE AND SEXUAL 
              ASSAULT.

    ``(a) Approval of Employee Testimony.--
            ``(1) In general.--The Director of the Office of Justice 
        Services or the Director of the Indian Health Service, as 
        appropriate (referred to in this section as the `Director 
        concerned'), shall approve or disapprove, in writing, any 
        request or subpoena from a tribal or State court for a law 
        enforcement officer, sexual assault nurse examiner, or other 
        employee under the supervision of the Director concerned to 
        provide testimony in a deposition, trial, or other similar 
        criminal proceeding regarding information obtained in carrying 
        out the official duties of the employee.
            ``(2) Deadline.--The court issuing a subpoena under 
        paragraph (1) shall provide to the appropriate Federal employee 
        a notice regarding the request to provide testimony by not less 
        than 30 days before the date on which the testimony will be 
        provided.
    ``(b) Approval.--
            ``(1) In general.--The Director concerned shall approve a 
        request or subpoena under subsection (a) if the request or 
        subpoena does not violate the policy of the Department to 
        maintain strict impartiality with respect to private causes of 
        action.
            ``(2) Failure to approve.--If the Director concerned fails 
        to approve or disapprove a request or subpoena by the date that 
        is 30 days after the date of receipt of notice of the request 
        or subpoena, the request or subpoena shall be considered to be 
        approved for purposes of this section.''.

SEC. 604. COORDINATION OF FEDERAL AGENCIES.

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

``SEC. 17. COORDINATION OF FEDERAL AGENCIES.

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

SEC. 605. SEXUAL ASSAULT PROTOCOL.

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

``SEC. 803. POLICIES AND PROTOCOL.

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

SEC. 606. ALASKA NATIVE VILLAGE COMMUNITY SAFETY DEMONSTRATION PROJECT.

    (a) Definition of Alaska Native Village.--In this section, the term 
``Alaska Native village'' has the meaning given the term ``Native 
village'' in section 3 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1602).
    (b) Establishment of Project.--There is established in the Office 
of Justice Programs of the Department of Justice a demonstration 
project, to be known as the ``Alaska Native Village Community Safety 
Demonstration Project''.
    (c) Grants to Tribes.--
            (1) In general.--The Attorney General shall provide grants 
        to not less than 18, and not more than 30, Indian tribes in the 
        State of Alaska for innovative approaches to improve public 
        safety in Alaska Native villages, with emphasis on reducing the 
        rates of sexual assault, domestic violence, and drug- and 
        alcohol-related crimes, including development of tribal 
        ordinances, civil enforcement of tribal ordinances against 
        tribal members, tribal court training and development 
        (including therapeutic courts), and cooperative efforts between 
        the Indian tribes and the State of Alaska or the United States 
        to enforce applicable laws.
            (2) Term.--The term of a grant provided under paragraph (1) 
        shall be 5 years.
    (d) Regulations.--Not later than June 1, 2010, the Attorney 
General, after consultation with Indian tribes in the State of Alaska, 
shall promulgate regulations to implement this section.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $10,000,000 for each of fiscal years 
        2011 through 2015.
            (2) Administrative expenses.--The Attorney General may use 
        not more than 10 percent of the amounts appropriated pursuant 
        to paragraph (1) to pay the administrative expenses of the 
        demonstration project under this section.
    (f) Effect of Section.--Nothing in this section expands, 
diminishes, alters, or limits the jurisdiction of the United States, 
the State of Alaska, any political subdivision of the State, or any 
Indian tribe in the State.
    (g) Repeal.--Section 112(a)(1) of the Consolidated Appropriations 
Act, 2004 (Public Law 108-199; 118 Stat. 62), is repealed.

SEC. 607. STUDY OF IHS SEXUAL ASSAULT AND DOMESTIC VIOLENCE RESPONSE 
              CAPABILITIES.

    (a) Study.--The Comptroller General of the United States shall--
            (1) conduct a study of the capability of Indian Health 
        Service facilities in remote Indian reservations and Alaska 
        Native villages, including facilities operated pursuant to 
        contracts or compacts under the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b et seq.), to collect, 
        maintain, and secure evidence of sexual assaults and domestic 
        violence incidents required for criminal prosecution; and
            (2) develop recommendations for improving those 
        capabilities.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Indian Affairs of the Senate and the Committee on Natural Resources of 
the House of Representatives a report describing the results of the 
study under subsection (a), including the recommendations developed 
under that subsection, if any.
                                                       Calendar No. 192

111th CONGRESS

  1st Session

                                 S. 797

                          [Report No. 111-93]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 29, 2009

                       Reported with an amendment