[Congressional Record Volume 154, Number 121 (Wednesday, July 23, 2008)]
[Senate]
[Pages S7158-S7167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN (for himself, Ms. Murkowski, Mr. Biden, Mr. 
        Domenici, Mr. Baucus, Mr. Bingaman, Mr. Lieberman, Mr. Kyl, Mr. 
        Johnson, Mr. Smith, Ms. Cantwell, Mr. Thune, and Mr. Tester):
  S. 3320. 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; to the Committee on 
Indian Affairs.
  Mr. DORGAN. Mr. President, as Chairman of the Committee on Indian 
Affairs, I have overseen five hearings this Congress that confirm a 
longstanding and life threatening public safety crisis on many of our 
Nation's American Indian reservations.
  One of the primary causes for violent crime is the disjointed system 
of justice in Indian country that is broken at its core. The current 
system limits the authority of Tribes to fight crime, and requires 
tribal communities to rely completely on the United States to 
investigate and prosecute violent crimes occurring on reservations.
  This is a system that the United States created. With this 
responsibility, comes a legal obligation to provide for the public 
safety on Indian lands. Unfortunately, we are not meeting our 
obligation.
  Between 2004 and 2007, the United States has declined to pursue an 
average of 62 percent of reservation criminal cases referred for 
prosecution. This means that 75 percent of adult and child sex crimes 
and 50 percent of homicides on Indian lands went unpunished in those 
four years.
  This is an inherent flaw in the system. The system vests the 
prosecution of reservation crimes in the federal courts which are often 
located hundreds of miles away from the crime scene, the evidence, and 
the witnesses needed to prosecute these difficult cases.
  The results of this system include an epidemic of domestic and sexual 
violence against American Indian and Alaska Native women. The 
Department of Justice reports that 34 percent of Native women will be 
raped in their lifetimes. This past February, the Centers for Disease 
Control and Prevention reported that 39 percent of Native women will be 
subject to domestic violence. These rates are more than twice the 
national average.
  This broken system of justice has also drawn the unwanted attention 
of criminals to Indian lands. In recent years, reservations have been 
targeted as safe havens for criminal activity. One Federal prosecutor 
said that Indian lands are being used as pipelines by drug 
organizations to funnel their poison to tribal and nearby communities. 
These drugs eventually reach larger metropolitan areas.
  To address this crisis, I am pleased to announce the introduction of 
the Tribal Law and Order Act of 2008 with the support of my colleagues 
Committee Vice Chairwoman Murkowski, and Senators Biden, Domenici, 
Baucus, Bingaman, Lieberman, Kyl, Johnson, Smith, Cantwell, Thune, and 
Tester.
  This bill seeks to take initial steps at mending this broken system 
by arming tribal justice officials with tools to protect their 
communities.
  The bill would expand on a program to enable tribal police to enforce 
violations of Federal laws on Indian lands.
  The bill would also provide police greater access to vital criminal 
history information.
  Further, the bill would enable tribal courts to sentence offenders up 
to 3 years in prison for violations of tribal law, an increase from the 
current limit of 1 year.
  Title I of the bill would provide for greater consultation and 
coordination between federal law enforcement officials, tribal leaders, 
and community members. Increased communication and coordination at all 
levels of government responsible for crime on Indian lands is vital to 
combating this public safety emergency.
  To increase coordination of prosecutions, the bill would require U.S. 
Attorneys to file declination reports and maintain data when refusing 
to pursue a case. Maintaining consistent data on declinations will 
enable Congress to direct funding where the additional resources are 
needed.
  This bill was developed over the past 18 months in consultation with 
tribal leaders, tribal, federal and state law enforcement officials, 
and many others.
  I want to again thank my colleagues for their support of this 
legislation, and urge the Senate to act to meet our public safety 
obligations to all tribal communities.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 3320

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.

            TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION

Sec. 101. Office of Justice Services responsibilities.
Sec. 102. Declination reports.
Sec. 103. Prosecution of crimes in Indian country.
Sec. 104. Administration.

            TITLE II--STATE ACCOUNTABILITY AND COORDINATION

Sec. 201. State criminal jurisdiction and resources.
Sec. 202. Incentives for State, tribal, and local law enforcement 
              cooperation.

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

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

                    TITLE IV--TRIBAL JUSTICE SYSTEMS

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

                   TITLE V--INDIAN COUNTRY CRIME DATA

Sec. 501. Tracking of crimes committed in Indian country.
Sec. 502. Grants to improve tribal data collection systems.
Sec. 503. Criminal history record improvement program.

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

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

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the United States has distinct legal, treaty, and trust 
     obligations to provide for the public safety of tribal 
     communities;
       (2) several States have been delegated or have accepted 
     responsibility to provide for the public safety of tribal 
     communities within the borders of the States;
       (3) Congress and the President have acknowledged that--
       (A) tribal law enforcement officers are often the first 
     responders to crimes on Indian reservations; and
       (B) tribal justice systems are ultimately the most 
     appropriate institutions for maintaining law and order in 
     tribal communities;
       (4) less than 3,000 tribal and Federal law enforcement 
     officers patrol more than 56,000,000 acres of Indian country, 
     which reflects less than \1/2\ of the law enforcement 
     presence in comparable rural communities nationwide;
       (5) on many Indian reservations, law enforcement officers 
     respond to distress or emergency calls without backup and 
     travel to remote locations without adequate radio 
     communication or access to national crime information 
     database systems;
       (6) the majority of tribal detention facilities were 
     constructed decades before the date of enactment of this Act 
     and must be or will soon need to be replaced, creating a 
     multibillion-dollar backlog in facility needs;
       (7) a number of Indian country offenders face no 
     consequences for minor crimes, and many such offenders are 
     released due to severe overcrowding in existing detention 
     facilities;

[[Page S7159]]

       (8) tribal courts--
       (A) are the primary arbiters of criminal and civil justice 
     for actions arising in Indian country; but
       (B) have been historically underfunded;
       (9) tribal courts have no criminal jurisdiction over non-
     Indian persons, and the sentencing authority of tribal courts 
     is limited to sentences of not more than 1 year of 
     imprisonment for Indian offenders, forcing tribal communities 
     to rely solely on the Federal Government and certain State 
     governments for the prosecution of--
       (A) misdemeanors committed by non-Indian persons; and
       (B) all felony crimes in Indian country;
       (10) a significant percentage of cases referred to Federal 
     agencies for prosecution of crimes allegedly occurring in 
     tribal communities are declined to be prosecuted;
       (11) the complicated jurisdictional scheme that exists in 
     Indian country--
       (A) has a significant negative impact on the ability to 
     provide public safety to Indian communities; and
       (B) has been increasingly exploited by criminals;
       (12) the violent crime rate in Indian country is--
       (A) nearly twice the national average; and
       (B) more than 20 times the national average on some Indian 
     reservations;
       (13)(A) domestic and sexual violence against Indian and 
     Alaska Native women has reached epidemic proportions;
       (B) 34 percent of Indian and Alaska Native women will be 
     raped in their lifetimes; and
       (C) 39 percent of Indian and Alaska Native women will be 
     subject to domestic violence;
       (14) the lack of police presence and resources in Indian 
     country has resulted in significant delays in responding to 
     victims' calls for assistance, which adversely affects the 
     collection of evidence needed to prosecute crimes, 
     particularly crimes of domestic and sexual violence;
       (15) alcohol and drug abuse plays a role in more than 80 
     percent of crimes committed in tribal communities;
       (16) the rate of methamphetamine addiction in tribal 
     communities is 3 times the national average;
       (17) the Department of Justice has reported that drug 
     organizations have increasingly targeted Indian country to 
     produce and distribute methamphetamine, citing the limited 
     law enforcement presence and jurisdictional confusion as 
     reasons for the increased activity;
       (18) tribal communities face significant increases in 
     instances of domestic violence, burglary, assault, and child 
     abuse as a direct result of increased methamphetamine use on 
     Indian reservations;
       (19)(A) criminal jurisdiction in Indian country is complex, 
     and responsibility for Indian country law enforcement is 
     shared among Federal, tribal, and State authorities; and
       (B) that complexity requires a high degree of commitment 
     and cooperation from Federal and State officials that can be 
     difficult to establish;
       (20) agreements for cooperation among certified tribal and 
     State law enforcement officers have proven to improve law 
     enforcement in tribal communities; and
       (21) crime data is a fundamental tool of law enforcement, 
     but for decades the Bureau of Indian Affairs and the 
     Department of Justice have not been able to coordinate or 
     consistently report crime and prosecution rates in tribal 
     communities.
       (b) Purposes.--The purposes of this Act are--
       (1) to clarify the responsibilities of Federal, State, 
     tribal, and local governments with respect to crimes 
     committed in tribal communities;
       (2) to increase coordination and communication among 
     Federal, State, tribal, and local law enforcement agencies;
       (3) to empower tribal governments with the authority, 
     resources, and information necessary to safely and 
     effectively provide for the safety of the public in tribal 
     communities;
       (4) to reduce the prevalence of violent crime in tribal 
     communities and to combat violence against Indian and Alaska 
     Native women;
       (5) to address and prevent drug trafficking and reduce 
     rates of alcohol and drug addiction in Indian country; and
       (6) to increase and standardize the collection of criminal 
     data and the sharing of criminal history information among 
     Federal, State, and tribal officials responsible for 
     responding to and investigating crimes in tribal communities.

     SEC. 3. DEFINITIONS.

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

            TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION

     SEC. 101. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES.

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

[[Page S7160]]

       (1) in paragraph (2)(A), by striking ``), or'' and 
     inserting ``or offenses committed on Federal property 
     processed by the Central Violations Bureau); or''; and
       (2) in paragraph (3), by striking subparagraphs (A) through 
     (C) and inserting the following:
       ``(A) the offense is committed in the presence of the 
     employee; or
       ``(B) the offense is a Federal crime and the employee has 
     reasonable grounds to believe that the person to be arrested 
     has committed, or is committing, the crime;''.

     SEC. 102. DECLINATION REPORTS.

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

     SEC. 103. PROSECUTION OF CRIMES IN INDIAN COUNTRY.

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

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

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

     SEC. 104. ADMINISTRATION.

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

     ``SEC. 106. OFFICE OF TRIBAL JUSTICE.

       ``(a) In General.--Not later than 90 days after the date of 
     enactment of the Tribal Law and Order Act of 2008, the 
     Attorney General shall modify the status of the Office of 
     Tribal Justice as the Attorney General determines to be 
     necessary to establish the Office of Tribal Justice as a 
     permanent division of the Department.
       ``(b) Personnel and Funding.--The Attorney General shall 
     provide to the Office of Tribal Justice such personnel and 
     funds as are necessary to establish the Office of Tribal 
     Justice as a division of the Department under subsection (a).
       ``(c) Additional Duties.--In addition to the duties of the 
     Office of Tribal Justice in effect on the day before the date 
     of enactment of the Tribal Law and Order Act of 2008, the 
     Office of Tribal Justice shall--
       ``(1) serve as the program and legal policy advisor to the 
     Attorney General with respect to the treaty and trust 
     relationship between the United States and Indian tribes;
       ``(2) serve as the point of contact for federally 
     recognized tribal governments and tribal organizations with 
     respect to questions and comments regarding policies and 
     programs of the Department and issues relating to public 
     safety and justice in Indian country; and

[[Page S7161]]

       ``(3) coordinate with other bureaus, agencies, offices, and 
     divisions within the Department of Justice to ensure that 
     each component has an accountable process to ensure 
     meaningful and timely consultation with tribal leaders in the 
     development of regulatory policies and other actions with 
     tribal implications.''.
       (b) Office of Indian Country Crime.--The Indian Law 
     Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as amended 
     by section 103(b)) is amended by adding at the end the 
     following:

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

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

            TITLE II--STATE ACCOUNTABILITY AND COORDINATION

     SEC. 201. STATE CRIMINAL JURISDICTION AND RESOURCES.

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

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

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

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

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

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

     SEC. 301. TRIBAL POLICE OFFICERS.

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

[[Page S7162]]

     that meets the National Peace Officer Standards of 
     Training.''; and
       (2) in paragraph (3), by striking ``Agencies'' and 
     inserting ``agencies''.
       (b) Special Law Enforcement Commissions.--Section 5 of the 
     Indian Law Enforcement Reform Act (25 U.S.C. 2804) is amended 
     by striking the section heading and all that follows through 
     subsection (e) and inserting the following:

     ``SEC. 5. SPECIAL LAW ENFORCEMENT COMMISSIONS.

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

     SEC. 302. DRUG ENFORCEMENT IN INDIAN COUNTRY.

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

     SEC. 303. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.

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

     SEC. 304. TRIBAL COURT SENTENCING AUTHORITY.

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

[[Page S7163]]

       ``(c) Effect of Section.--Nothing in this section affects 
     the obligation of the United States, or any State government 
     that has been delegated authority by the United States, to 
     investigate and prosecute any criminal violation in Indian 
     country.''.

     SEC. 305. INDIAN LAW AND ORDER COMMISSION.

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

[[Page S7164]]

                    TITLE IV--TRIBAL JUSTICE SYSTEMS

     SEC. 401. INDIAN ALCOHOL AND SUBSTANCE ABUSE.

       (a) Correction of References.--
       (1) Inter-departmental memorandum of agreement.--Section 
     4205 of the Indian Alcohol and Substance Abuse Prevention and 
     Treatment Act of 1986 (25 U.S.C. 2411) is amended--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1)--

       (I) by striking ``the date of enactment of this subtitle'' 
     and inserting ``the date of enactment of the Tribal Law and 
     Order Act of 2008''; and
       (II) by inserting ``, the Attorney General,'' after 
     ``Secretary of the Interior'';

       (ii) in paragraph (2)(A), by inserting ``, Bureau of 
     Justice Assistance, Substance Abuse and Mental Health 
     Services Administration,'' after ``Bureau of Indian 
     Affairs,'';
       (iii) in paragraph (4), by inserting ``, Department of 
     Justice, Substance Abuse and Mental Health Services 
     Administration,'' after ``Bureau of Indian Affairs'';
       (iv) in paragraph (5), by inserting ``, Department of 
     Justice, Substance Abuse and Mental Health Services 
     Administration,'' after ``Bureau of Indian Affairs'';
       (v) in paragraph (7), by inserting ``, the Attorney 
     General,'' after ``Secretary of the Interior'';
       (B) in subsection (c), by inserting ``, the Attorney 
     General,'' after ``Secretary of the Interior''; and
       (C) in subsection (d), by striking ``the date of enactment 
     of this subtitle'' and inserting ``the date of enactment of 
     the Tribal Law and Order Act of 2008''.
       (2) Tribal action plans.--Section 4206 of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2412) is amended--
       (A) in subsection (b), in the first sentence, by inserting 
     ``, the Bureau of Justice Assistance, the Substance Abuse and 
     Mental Health Services Administration,'' before ``and the 
     Indian Health Service service unit'';
       (B) in subsection (c)(1)(A)(i), by inserting ``, the Bureau 
     of Justice Assistance, the Substance Abuse and Mental Health 
     Services Administration,'' before ``and the Indian Health 
     Service service unit'';
       (C) in subsection (d)(2), by striking ``fiscal year 1993 
     and such sums as are necessary for each of the fiscal years 
     1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting 
     ``the period of fiscal years 2009 through 2013'';
       (D) in subsection (e), in the first sentence, by inserting 
     ``, the Attorney General,'' after ``the Secretary of the 
     Interior''; and
       (E) in subsection (f)(3), by striking ``fiscal year 1993 
     and such sums as are necessary for each of the fiscal years 
     1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting 
     ``the period of fiscal years 2009 through 2013''.
       (3) Departmental responsibility.--Section 4207 of the 
     Indian Alcohol and Substance Abuse Prevention and Treatment 
     Act of 1986 (25 U.S.C. 2413) is amended--
       (A) in subsection (a), by inserting ``, the Attorney 
     General'' after ``Bureau of Indian Affairs'';
       (B) in subsection (b)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) Establishment.--
       ``(A) In general.--To improve coordination among the 
     Federal agencies and departments carrying out this subtitle, 
     there is established within the Substance Abuse and Mental 
     Health Services Administration an office, to be known as the 
     `Office of Indian Alcohol and Substance Abuse' (referred to 
     in this section as the `Office').
       ``(B) Director.--The director of the Office shall be 
     appointed by the Director of the Substance Abuse and Mental 
     Health Services Administration--
       ``(i) on a permanent basis; and
       ``(ii) at a grade of not less than GS-15 of the General 
     Schedule.'';
       (ii) in paragraph (2)--

       (I) by striking ``(2) In addition'' and inserting the 
     following:

       ``(2) Responsibilities of office.--In addition'';

       (II) by striking subparagraph (A) and inserting the 
     following:

       ``(A) coordinating with other agencies to monitor the 
     performance and compliance of the relevant Federal programs 
     in achieving the goals and purposes of this subtitle and the 
     Memorandum of Agreement entered into under section 4205;'';

       (III) in subparagraph (B)--

       (aa) by striking ``within the Bureau of Indian Affairs''; 
     and
       (bb) by striking the period at the end and inserting ``; 
     and''; and

       (IV) by adding at the end the following:

       ``(C) not later than 1 year after the date of enactment of 
     the Tribal Law and Order Act of 2008, developing, in 
     coordination and consultation with tribal governments, a 
     framework for interagency and tribal coordination that--
       ``(i) establish the goals and other desired outcomes of 
     this Act;
       ``(ii) prioritizes outcomes that are aligned with the 
     purposes of affected agencies;
       ``(iii) provides guidelines for resource and information 
     sharing;
       ``(iv) provides technical assistance to the affected 
     agencies to establish effective and permanent interagency 
     communication and coordination; and
       ``(v) determines whether collaboration is feasible, cost-
     effective, and within agency capability.''; and
       (iii) by striking paragraph (3) and inserting the 
     following:
       ``(3) Appointment of employees.--The Director of the 
     Substance Abuse and Mental Health Services Administration 
     shall appoint such employees to work in the Office, and shall 
     provide such funding, services, and equipment, as may be 
     necessary to enable the Office to carry out the 
     responsibilities under this subsection.''; and
       (C) in subsection (c)--
       (i) by striking ``of Alcohol and Substance Abuse'' each 
     place it appears;
       (ii) in paragraph (1), in the second sentence, by striking 
     ``The Assistant Secretary of the Interior for Indian 
     Affairs'' and inserting ``The Director of the Substance Abuse 
     and Mental Health Services Administration''; and
       (iii) in paragraph (3)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``Youth'' and inserting ``youth''; and
       (II) by striking ``programs of the Bureau of Indian 
     Affairs'' and inserting ``the applicable Federal programs''.

       (4) Review of programs.--Section 4208a(a) of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2414a(a)) is amended in the matter preceding 
     paragraph (1) by inserting ``, the Attorney General,'' after 
     ``the Secretary of the Interior''.
       (5) Federal facilities, property, and equipment.--Section 
     4209 of the Indian Alcohol and Substance Abuse Prevention and 
     Treatment Act of 1986 (25 U.S.C. 2415) is amended--
       (A) in subsection (a), by inserting ``, the Attorney 
     General,'' after ``the Secretary of the Interior'';
       (B) in subsection (b)--
       (i) in the first sentence, by inserting ``, the Attorney 
     General,'' after ``the Secretary of the Interior'';
       (ii) in the second sentence, by inserting ``, nor the 
     Attorney General,'' after ``the Secretary of the Interior''; 
     and
       (iii) in the third sentence, by inserting ``, the 
     Department of Justice,'' after ``the Department of the 
     Interior''; and
       (C) in subsection (c)(1), by inserting ``, the Attorney 
     General,'' after ``the Secretary of the Interior''.
       (6) Newsletter.--Section 4210 of the Indian Alcohol and 
     Substance Abuse Prevention and Treatment Act of 1986 (25 
     U.S.C. 2416) is amended--
       (A) in subsection (a), in the first sentence, by inserting 
     ``, the Attorney General,'' after ``the Secretary of the 
     Interior''; and
       (B) in subsection (b), by striking ``fiscal year 1993 and 
     such sums as may be necessary for each of the fiscal years 
     1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting 
     ``the period of fiscal years 2009 through 2013''.
       (7) Review.--Section 4211(a) of the Indian Alcohol and 
     Substance Abuse Prevention and Treatment Act of 1986 (25 
     U.S.C. 2431(a)) is amended in the matter preceding paragraph 
     (1) by inserting ``, the Attorney General,'' after ``the 
     Secretary of the Interior''.
       (b) Indian Education Programs.--Section 4212 of the Indian 
     Alcohol and Substance Abuse Prevention Act of 1986 (25 U.S.C. 
     2432) is amended by striking subsection (a) and inserting the 
     following:
       ``(a) Pilot Programs.--
       ``(1) In general.--The Assistant Secretary for Indian 
     Affairs shall develop and implement pilot programs in 
     selected schools funded by the Bureau of Indian Affairs 
     (subject to the approval of the local school board or 
     contract school board) to determine the effectiveness of 
     summer youth programs in advancing the purposes and goals of 
     this Act.
       ``(2) Costs.--The Assistant Secretary shall defray all 
     costs associated with the actual operation and support of the 
     pilot program in a school from funds appropriated to carry 
     out this subsection.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out the pilot programs 
     under this subsection such sums as are necessary for each of 
     fiscal years 2009 through 2013.''.
       (c) Emergency Shelters.--Section 4213(e) of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2433(e)) is amended--
       (1) in paragraph (1), by striking ``as may be necessary'' 
     and all that follows through the end of the paragraph and 
     inserting ``as are necessary for each of fiscal years 2009 
     through 2013.'';
       (2) in paragraph (2), by striking ``$7,000,000'' and all 
     that follows through the end of the paragraph and inserting 
     ``$10,000,000 for each of fiscal years 2009 through 2013.''; 
     and
       (3) by indenting paragraphs (4) and (5) appropriately.
       (d) Review of Programs.--Section 4215(a) of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2441(a)) is amended by inserting ``, the 
     Attorney General,'' after ``the Secretary of the Interior''.
       (e) Illegal Narcotics Trafficking; Source Eradication.--
     Section 4216 of the Indian Alcohol and Substance Abuse 
     Prevention and Treatment Act of 1986 (25 U.S.C. 2442) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking the comma at the end 
     and inserting a semicolon;
       (ii) in subparagraph (B), by striking ``, and'' at the end 
     and inserting a semicolon;
       (iii) in subparagraph (C), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:

[[Page S7165]]

       ``(D) the Blackfeet Nation of Montana for the investigation 
     and control of illegal narcotics traffic on the Blackfeet 
     Indian Reservation along the border with Canada.'';
       (B) in paragraph (2), by striking ``United States Custom 
     Service'' and inserting ``United States Customs and Border 
     Protection''; and
       (C) by striking paragraph (3) and inserting the following:
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary for each of fiscal years 2009 
     through 2013.''; and
       (2) in subsection (b)(2), by striking ``as may be 
     necessary'' and all that follows through the end of the 
     paragraph and inserting ``as are necessary for each of fiscal 
     years 2009 through 2013.''.
       (f) Law Enforcement and Judicial Training.--Section 4218 of 
     the Indian Alcohol and Substance Abuse Prevention and 
     Treatment Act of 1986 (25 U.S.C. 2451) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Training Programs.--
       ``(1) In general.--The Secretary of the Interior, in 
     coordination with the Attorney General, the Administrator of 
     the Drug Enforcement Administration, and the Director of the 
     Federal Bureau of Investigation, shall ensure, through the 
     establishment of a new training program or by supplementing 
     existing training programs, that all Bureau of Indian Affairs 
     and tribal law enforcement and judicial personnel have access 
     to training regarding--
       ``(A) the investigation and prosecution of offenses 
     relating to illegal narcotics; and
       ``(B) alcohol and substance abuse prevention and treatment.
       ``(2) Youth-related training.--Any training provided to 
     Bureau of Indian Affairs or tribal law enforcement or 
     judicial personnel under paragraph (1) shall include training 
     in issues relating to youth alcohol and substance abuse 
     prevention and treatment.''; and
       (2) in subsection (b), by striking ``as may be necessary'' 
     and all that follows through the end of the subsection and 
     inserting ``as are necessary for each of fiscal years 2009 
     through 2013.''.
       (g) Juvenile Detention Centers.--Section 4220(b) of the 
     Indian Alcohol and Substance Abuse Prevention and Treatment 
     Act of 1986 (25 U.S.C. 2453(b)) is amended--
       (1) by striking ``such sums as may be necessary for each of 
     the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 
     2000'' each place it appears and inserting ``such sums as are 
     necessary for each of fiscal years 2009 through 2013''; and
       (2) by indenting paragraph (2) appropriately.

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

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

     SEC. 403. TRIBAL RESOURCES GRANT PROGRAM.

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

     SEC. 404. TRIBAL JAILS PROGRAM.

       (a) In General.--Section 20109 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended 
     by striking subsection (a) and inserting the following:
       ``(a) Reservation of Funds.--Notwithstanding any other 
     provision of this part, of amounts made available to the 
     Attorney General to carry out programs relating to offender 
     incarceration, the Attorney General shall reserve $35,000,000 
     for each of fiscal years 2009 through 2013 to carry out this 
     section.''.
       (b) Regional Detention Centers.--
       (1) In general.--Section 20109 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended 
     by striking subsection (b) and inserting the following:
       ``(b) Grants to Indian Tribes.--
       ``(1) In general.--From the amounts reserved under 
     subsection (a), the Attorney General shall provide grants--
       ``(A) to Indian tribes for purposes of--
       ``(i) construction and maintenance of jails on Indian land 
     for the incarceration of offenders subject to tribal 
     jurisdiction;
       ``(ii) entering into contracts with private entities to 
     increase the efficiency of the construction of tribal jails; 
     and
       ``(iii) developing and implementing alternatives to 
     incarceration in tribal jails; and
       ``(B) to consortia of Indian tribes for purposes of 
     constructing and operating regional detention centers on 
     Indian land for long-term incarceration of offenders subject 
     to tribal jurisdiction, as the applicable consortium 
     determines to be appropriate.
       ``(2) Priority of funding.--in providing grants under this 
     subsection, the Attorney General shall take into 
     consideration applicable--
       ``(A) reservation crime rates;
       ``(B) annual tribal court convictions; and
       ``(C) bed space needs.''.
       (2) Conforming amendment.--Section 20109(c) of the Violent 
     Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
     13709(c)) is amended by inserting ``or consortium of Indian 
     tribes, as applicable,'' after ``Indian tribe''.
       (3) Long-term plan.--Section 20109 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is 
     amended by adding at the end the following:

[[Page S7166]]

       ``(d) Long-Term Plan.--Not later than 1 year after the date 
     of enactment of this subsection, the Attorney General, in 
     coordination with the Bureau of Indian Affairs and in 
     consultation with tribal leaders, tribal law enforcement 
     officers, and tribal corrections officials, shall submit to 
     Congress a long-term plan to address incarceration in Indian 
     country, including a description of--
       ``(1) proposed activities for construction of detention 
     facilities (including regional facilities) on Indian land;
       ``(2) proposed activities for construction of additional 
     Federal detention facilities on Indian land;
       ``(3) proposed activities for contracting with State and 
     local detention centers, with tribal government approval;
       ``(4) proposed alternatives to incarceration, developed in 
     cooperation with tribal court systems; and
       ``(5) such other alternatives as the Attorney General, in 
     coordination with the Bureau of Indian Affairs and in 
     consultation with Indian tribes, determines to be 
     necessary.''.

     SEC. 405. TRIBAL PROBATION OFFICE LIAISON PROGRAM.

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

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

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

     SEC. 406. TRIBAL YOUTH PROGRAM.

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

                   TITLE V--INDIAN COUNTRY CRIME DATA

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

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

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

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

     SEC. 503. CRIMINAL HISTORY RECORD IMPROVEMENT PROGRAM.

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

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

     SEC. 601. PRISONER RELEASE AND REENTRY.

       Section 4042 of title 18, United States Code, is amended--
       (1) in subsection (a)(4), by inserting ``, tribal,'' after 
     ``State'';
       (2) in subsection (b)(1), in the first sentence, by 
     striking ``officer of the State and of the local 
     jurisdiction'' and inserting ``officers of each State, 
     tribal, and local jurisdiction''; and
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``officer of the State 
     and of the local jurisdiction'' and inserting ``officers of 
     each State, tribal, and local jurisdiction''; and
       (ii) in subparagraph (B), by inserting ``, tribal,'' after 
     ``State'' each place it appears; and
       (B) in paragraph (2)--
       (i) by striking ``(2) Notice'' and inserting the following:
       ``(2) Requirements.--
       ``(A) In general.--A notice'';
       (ii) in the second sentence, by striking ``For a person who 
     is released'' and inserting the following:
       ``(B) Released persons.--For a person who is released'';
       (iii) in the third sentence, by striking ``For a person who 
     is sentenced'' and inserting the following:
       ``(C) Persons on probation.--For a person who is 
     sentenced'';
       (iv) in the fourth sentence, by striking ``Notice 
     concerning'' and inserting the following:

[[Page S7167]]

       ``(D) Released persons required to register.--
       ``(i) In general.--A notice concerning''; and
       (v) in subparagraph (D) (as designated by clause (iv)), by 
     adding at the end the following:
       ``(ii) Persons residing in indian country.--For a person 
     described in paragraph (3) the expected place of residence of 
     whom is potentially located in Indian country, the Director 
     of the Bureau of Prisons or the Director of the 
     Administrative Office of the United States Courts, as 
     appropriate, shall--

       ``(I) make all reasonable and necessary efforts to 
     determine whether the residence of the person is located in 
     Indian country; and
       ``(II) ensure that the person is registered with the law 
     enforcement office of each appropriate jurisdiction before 
     release from Federal custody.''.

     SEC. 602. DOMESTIC AND SEXUAL VIOLENT OFFENSE TRAINING.

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

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

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

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

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

     SEC. 604. COORDINATION OF FEDERAL AGENCIES.

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

     ``SEC. 12. COORDINATION OF FEDERAL AGENCIES.

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

     SEC. 605. SEXUAL ASSAULT PROTOCOL.

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

     ``SEC. 803. POLICIES AND PROTOCOL.

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