H.R. 1924 (111th): Tribal Law and Order Act of 2009

111th Congress, 2009–2010. Text as of Apr 02, 2009 (Introduced).

Status & Summary | PDF | Source: GPO

I

111th CONGRESS

1st Session

H. R. 1924

IN THE HOUSE OF REPRESENTATIVES

April 2, 2009

(for herself, Mr. Kildee, and Mr. Grijalva) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Natural Resources, Energy and Commerce, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

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

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Tribal Law and Order Act of 2009.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings; purposes.

Sec. 3. Definitions.

Sec. 4. Severability clause.

Title I—Federal accountability and coordination

Sec. 101. Office of Justice Services responsibilities.

Sec. 102. Declination reports.

Sec. 103. Prosecution of crimes in Indian country.

Sec. 104. Administration.

Title II—State accountability and coordination

Sec. 201. State criminal jurisdiction and resources.

Sec. 202. Incentives for State, tribal, and local law enforcement cooperation.

Title III—Empowering tribal law enforcement agencies and tribal governments

Sec. 301. Tribal police officers.

Sec. 302. Drug enforcement in Indian country.

Sec. 303. Access to national criminal information databases.

Sec. 304. Tribal court sentencing authority.

Sec. 305. Indian Law and Order Commission.

Title IV—Tribal justice systems

Sec. 401. Indian alcohol and substance abuse.

Sec. 402. Indian tribal justice; technical and legal assistance.

Sec. 403. Tribal resources grant program.

Sec. 404. Tribal jails program.

Sec. 405. Tribal probation office liaison program.

Sec. 406. Tribal youth program.

Title V—Indian country crime data collection and information sharing

Sec. 501. Tracking of crimes committed in Indian country.

Sec. 502. Grants to improve tribal data collection systems.

Sec. 503. Criminal history record improvement program.

Title VI—Domestic violence and sexual assault prosecution and prevention

Sec. 601. Prisoner release and reentry.

Sec. 602. Domestic and sexual violent offense training.

Sec. 603. Testimony by Federal employees in cases of rape and sexual assault.

Sec. 604. Coordination of Federal agencies.

Sec. 605. Sexual assault protocol.

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;

(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;

(21)

consistent communication among tribal, Federal, and State law enforcement agencies has proven to increase public safety and justice in tribal and nearby communities; and

(22)

crime data is a fundamental tool of law 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.

3.

Definitions

(a)

In general

In this Act:

(1)

Indian community

The term Indian community means a community of a federally recognized Indian tribe.

(2)

Indian country

The term Indian country has the meaning given the term in section 1151 of title 18, United States Code.

(3)

Indian tribe

The term Indian tribe has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).

(4)

Secretary

The term Secretary means the Secretary of the Interior.

(5)

Tribal government

The term tribal government means the governing body of an Indian tribe.

(b)

Indian Law Enforcement Reform Act

Section 2 of the Indian Law Enforcement Reform Act (25 U.S.C. 2801) is amended by adding at the end the 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.

.

4.

Severability clause

If any provision of this Act, an amendment made this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstances shall not be affected thereby.

I

Federal accountability and coordination

101.

Office of Justice Services responsibilities

(a)

Definitions

Section 2 of the Indian Law Enforcement Reform Act (25 U.S.C. 2801) is amended—

(1)

by striking paragraph (8);

(2)

by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively;

(3)

by redesignating paragraph (9) as paragraph (1) and moving the paragraphs so as to appear in numerical order; and

(4)

in paragraph (1) (as redesignated by paragraph (3)), by striking Division of Law Enforcement Services and inserting Office of Justice Services.

(b)

Additional responsibilities of Office

Section 3 of the Indian Law Enforcement Reform Act (25 U.S.C. 2802) is amended—

(1)

in subsection (b), by striking (b) There is hereby established within the Bureau a Division of Law Enforcement Services which and inserting the following:

(b)

Office of Justice Services

There is established in the Bureau an office, to be known as the Office of Justice Services, that

;

(2)

in subsection (c)—

(A)

in the matter preceding paragraph (1), by striking Division of Law Enforcement Services and inserting Office of Justice Services;

(B)

in paragraph (2), by inserting and, with the consent of the Indian tribe, tribal criminal laws, including testifying in tribal court before the semicolon at the end;

(C)

in paragraph (8), by striking and at the end;

(D)

in paragraph (9), by striking the period at the end and inserting a semicolon; and

(E)

by adding at the end the following:

(10)

the development and provision of dispatch and emergency and E–911 services;

(11)

communicating with tribal leaders, tribal community and victims’ advocates, tribal justice officials, and residents of Indian land on a regular basis regarding public safety and justice concerns facing tribal communities;

(12)

conducting meaningful and timely consultation with tribal leaders and tribal justice officials in the development of regulatory policies and other actions that affect public safety and justice in Indian country;

(13)

providing technical assistance and training to tribal law enforcement officials to gain access and input authority to utilize the National Criminal Information Center and other national crime information databases pursuant to section 534 of title 28, United States Code;

(14)

in coordination with the Attorney General pursuant to subsection (g) of section 302 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732), collecting, analyzing, and reporting data regarding Indian country crimes on an annual basis;

(15)

submitting to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives, for each fiscal year, a detailed spending report regarding tribal public safety and justice programs that includes—

(A)
(i)

the number of full-time employees of the Bureau and tribal government who serve as—

(I)

criminal investigators;

(II)

uniform police;

(III)

police and emergency dispatchers;

(IV)

detention officers;

(V)

executive personnel, including special agents in charge, and directors and deputies of various offices in the Office of Justice Services; or

(VI)

tribal court judges, prosecutors, public defenders, or related staff; and

(ii)

the amount of appropriations obligated for each category described in clause (i) for each fiscal year;

(B)

a list of amounts dedicated to law enforcement and corrections, vehicles, related transportation costs, equipment, inmate transportation costs, inmate transfer costs, replacement, improvement, and repair of facilities, personnel transfers, detailees and costs related to their details, emergency events, public safety and justice communications and technology costs, and tribal court personnel, facilities, and related program costs;

(C)

a list of the unmet staffing needs of law enforcement, corrections, and court personnel at tribal and Bureau of Indian Affairs justice agencies, the replacement and repair needs of tribal and Bureau corrections facilities, needs for tribal police and court facilities, and public safety and emergency communications and technology needs; and

(D)

the formula, priority list or other methodology used to determine the method of disbursement of funds for the public safety and justice programs administered by the Office of Justice Services;

(16)

submitting to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives, for each fiscal year, a report summarizing the technical assistance, training, and other support provided to tribal law enforcement and corrections agencies that operate relevant programs pursuant to self-determination contracts or self-governance compacts with the Bureau of Indian Affairs; and

(17)

promulgating regulations to carry out this Act, and routinely reviewing and updating, as necessary, the regulations contained in subchapter B of title 25, Code of Federal Regulations (or successor regulations).

;

(3)

in subsection (d)—

(A)

in paragraph (1), by striking Division of Law Enforcement Services and inserting Office of Justice Services;

(B)

in paragraph (3)—

(i)

by striking regulations which shall establish and inserting “regulations, which shall—

(A)

establish

;

(ii)

by striking reservation. and inserting reservation; but; and

(iii)

by adding at the end the following:

(B)

support the enforcement of tribal laws and investigation of offenses against tribal criminal laws.

; and

(C)

in paragraph (4)(i), in the first sentence, by striking Division and inserting Office of Justice Services;

(4)

in subsection (e), by striking Division of Law Enforcement Services each place it appears and inserting Office of Justice Services; and

(5)

by adding at the end the following:

(f)

Long-term plan for tribal detention programs

Not later than 1 year after the date of enactment of this subsection, the Secretary, acting through the Bureau, in coordination with the Department of Justice and in consultation with tribal leaders, tribal law enforcement officers, and tribal corrections officials, shall submit to Congress a long-term plan to address incarceration in Indian country, including a description of—

(1)

proposed activities for the construction of detention facilities (including regional facilities) on Indian land;

(2)

proposed activities for the construction of additional Federal detention facilities on Indian land;

(3)

proposed activities for contracting with State and local detention centers, upon approval of affected tribal governments;

(4)

proposed activities for alternatives to incarceration, developed in cooperation with tribal court systems; and

(5)

other such alternatives to incarceration as the Secretary, in coordination with the Bureau and in consultation with tribal representatives, determines to be necessary.

(g)

Law enforcement personnel of Bureau and Indian tribes

(1)

Report

Not later than 60 days after the date of enactment of this subsection, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report regarding vacancies in law enforcement personnel of Bureau and Indian tribes.

(2)

Long-term plan

Not later than 1 year after the date of enactment of this subsection, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a long-term plan to address law enforcement personnel needs in Indian country.

.

(c)

Law enforcement authority

Section 4 of the Indian Law Enforcement Reform Act (25 U.S.C. 2803) is amended—

(1)

in paragraph (2)(A), by striking ), or and inserting or offenses committed on Federal 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;

.

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 evidence, including related reports, relevant to the case that would advance prosecution of the case in a tribal court; 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, the United States Attorney shall—

(A)

submit to the appropriate tribal justice official, sufficiently in advance of the tribal statute of limitations, evidence relevant to the case to permit the tribal prosecutor to pursue the case in tribal court; and

(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).

.

103.

Prosecution of crimes in Indian country

(a)

Appointment of special prosecutors

Section 543 of title 28, United States Code, is amended—

(1)

in subsection (a), by inserting before the period at the end the following: , including the appointment of qualified tribal prosecutors and other qualified attorneys to assist in prosecuting Federal offenses committed in Indian country; and

(2)

by adding at the end the following:

(c)

Sense of Congress regarding consultation

It is the sense of Congress that, in appointing attorneys under this section to serve as special prosecutors in Indian country, the Attorney General should consult with tribal justice officials of each Indian tribe that would be affected by the appointment.

.

(b)

Tribal liaisons

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

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)

Consulting and coordinating with tribal justice officials and victims’ advocates to address any backlog in the prosecution of major crimes in Indian country in the district.

(4)

Developing working relationships and maintaining communication with tribal leaders, tribal community and victims’ advocates, and tribal justice officials to gather information from, and share appropriate information with, tribal justice officials.

(5)

Coordinating with tribal prosecutors in cases in which a tribal government has concurrent jurisdiction over an alleged crime, in advance of the expiration of any applicable statute of limitation.

(6)

Providing technical assistance and training regarding evidence gathering techniques to tribal justice officials and other individuals and entities that are instrumental to responding to Indian country crimes.

(7)

Conducting training sessions and seminars to certify special law enforcement commissions to tribal justice officials and other individuals and entities responsible for responding to Indian country crimes.

(8)

Coordinating with the Office of Indian Country Crime, as necessary.

(9)

Conducting such other activities to address and prevent violent crime in Indian country as the applicable United States Attorney determines to be appropriate.

(c)

Sense of Congress regarding 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

(1)

In general

Each United States Attorney serving a district that includes Indian country is authorized and encouraged—

(A)

to appoint Special Assistant United States Attorneys pursuant to section 543(a) of title 28, United States Code, to prosecute crimes in Indian country as necessary to improve the administration of justice, and particularly when—

(i)

the crime rate exceeds the national average crime rate; or

(ii)

the rate at which criminal offenses are declined to be prosecuted exceeds the national average declination rate;

(B)

to coordinate with applicable United States magistrate and district courts—

(i)

to ensure the provision of docket time for prosecutions of Indian country crimes; and

(ii)

to hold trials and other proceedings in Indian country, as appropriate;

(C)

to provide to appointed Special Assistant United States Attorneys appropriate training, supervision, and staff support; and

(D)

if an agreement is entered into with a Federal court pursuant to paragraph (2), to provide technical and other assistance to tribal governments and tribal court systems to ensure the success of the program under this subsection.

(2)

Sense of Congress regarding consultation

It is the sense of Congress that, in appointing Special Assistant United States Attorneys under this subsection, a United States Attorney should consult with tribal justice officials of each Indian tribe that would be affected by the appointment.

.

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:

106.

Office of Tribal Justice

(a)

In general

Not later than 90 days after the date of enactment of the Tribal Law and Order Act of 2009, the Attorney General shall modify the status of the Office of Tribal Justice as the Attorney General 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 2009, the Office of Tribal Justice shall—

(1)

serve as the program and legal policy advisor to the Attorney General with respect to the treaty and trust relationship between the United States and Indian tribes;

(2)

serve as the point of contact for federally recognized tribal governments and tribal organizations with respect to questions and comments regarding policies and programs of the Department and issues relating to public safety and justice in Indian country; and

(3)

coordinate with other bureaus, agencies, offices, and divisions within the Department of Justice to ensure that each component has an accountable process to ensure meaningful and timely consultation with tribal leaders in the development of regulatory policies and other actions that affect—

(A)

the trust responsibility of the United States to Indian tribes;

(B)

any tribal treaty provision;

(C)

the status of Indian tribes as a sovereign governments; or

(D)

any other tribal interest.

.

(b)

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:

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.

.

II

State accountability and coordination

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:

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.

.

202.

Incentives for State, tribal, and local law enforcement cooperation

(a)

Establishment of cooperative assistance program

The Attorney General may provide grants, technical assistance, and other assistance to State, tribal, and local governments that enter into cooperative agreements, including agreements relating to mutual aid, hot pursuit of suspects, and cross-deputization for the purposes of—

(1)

improving law enforcement effectiveness; and

(2)

reducing crime in Indian country and nearby communities.

(b)

Program plans

(1)

In general

To be eligible to receive assistance under this section, a group composed of not less than 1 of each of a tribal government and a State or local government shall jointly develop and submit to the Attorney General a plan for a program to achieve the purpose described in subsection (a).

(2)

Plan requirements

A joint program plan under paragraph (1) shall include a description of—

(A)

the proposed cooperative tribal and State or local law enforcement program for which funding is sought, including information on the population and each geographic area to be served by the program;

(B)

the need of the proposed program for funding under this section, the amount of funding requested, and the proposed use of funds, subject to the requirements listed in subsection (c);

(C)

the unit of government that will administer any assistance received under this section, and the method by which the assistance will be distributed;

(D)

the types of law enforcement services to be performed on each applicable Indian reservation and the individuals and entities that will perform those services;

(E)

the individual or group of individuals who will exercise daily supervision and control over law enforcement officers participating in the program;

(F)

the method by which local and tribal government input with respect to the planning and implementation of the program will be ensured;

(G)

the policies of the program regarding mutual aid, hot pursuit of suspects, deputization, training, and insurance of applicable law enforcement officers;

(H)

the recordkeeping procedures and types of data to be collected pursuant to the program; and

(I)

other information that the Attorney General determines to be relevant.

(c)

Permissible uses of funds

An eligible entity that receives a grant under this section may use the grant, in accordance with the program plan described in subsection (b)—

(1)

to hire and train new career tribal, State, or local law enforcement officers, or to make overtime payments for current law enforcement officers, that are or will be dedicated to—

(A)

policing tribal land and nearby lands; and

(B)

investigating alleged crimes on those lands;

(2)

procure equipment, technology, or support systems to be used to investigate crimes and share information between tribal, State, and local law enforcement agencies; or

(3)

for any other uses that the Attorney General determines will meet the purposes described in subsection (a).

(d)

Factors for consideration

In determining whether to approve a joint program plan submitted under subsection (b) and, on approval, the amount of assistance to provide to the program, the Attorney General shall take into consideration the following factors:

(1)

The size and population of each Indian reservation and nearby community proposed to be served by the program.

(2)

The complexity of the law enforcement problems proposed to be addressed by the program.

(3)

The range of services proposed to be provided by the program.

(4)

The proposed improvements the program will make regarding law enforcement cooperation beyond existing levels of cooperation.

(5)

The crime rates of the tribal and nearby communities.

(6)

The available resources of each entity applying for a grant under this section for dedication to public safety in the respective jurisdictions of the entities.

(e)

Annual reports

To be eligible to renew or extend a grant under this section, a group described in subsection (b)(1) shall submit to the Attorney General, together with the joint program plan under subsection (b), a report describing the law enforcement activities carried out pursuant to the program during the preceding fiscal year, including the success of the activities, including any increase in arrests or prosecutions.

(f)

Reports by Attorney General

Not later than January 15 of each applicable fiscal year, the Attorney General shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the law enforcement programs carried out using assistance provided under this section during the preceding fiscal year, including the success of the programs.

(g)

Technical assistance

On receipt of a request from a group composed of not less than 1 tribal government and 1 State or local government, the Attorney General shall provide technical assistance to the group to develop successful cooperative relationships that effectively combat crime in Indian country and nearby communities.

(h)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2010 through 2014.

III

Empowering tribal law enforcement agencies and tribal governments

301.

Tribal police officers

(a)

Flexibility in training law enforcement officers serving indian country

Section 3(e) of the Indian Law Enforcement Reform Act (25 U.S.C. 2802(e)) (as amended by section 101(b)(4)) is amended—

(1)

in paragraph (1)—

(A)

by striking (e)(1) The Secretary and inserting the following:

(e)

Standards of education and experience and classification of positions

(1)

Standards of education and experience

(A)

In general

The Secretary

; and

(B)

by adding at the end the following:

(B)

Training

The training standards established under subparagraph (A) shall permit law enforcement personnel of the Office of Justice Services or an Indian tribe to obtain training at a State or tribal police academy, a local or tribal community college, or another training academy that meets the relevant Peace Officer Standards and Training.

;

(2)

in paragraph (3), by striking Agencies and inserting agencies; and

(3)

by adding at the end the following:

(4)

Background checks for officers

The Office of Justice Services shall develop standards and deadlines for the provision of background checks for tribal law enforcement and corrections officials that ensure that a response to a request by an Indian tribe for such a background check shall be provided by not later than 60 days after the date of receipt of the request, unless an adequate reason for failure to respond by that date is provided to the Indian tribe.

.

(b)

Special law enforcement commissions

Section 5(a) of the Indian Law Enforcement Reform Act (25 U.S.C. 2804(a)) is amended—

(1)

by striking (a) The Secretary may enter into an agreement and inserting the following:

(a)

Agreements

(1)

In general

Not later than 180 days after the date of enactment of the Tribal Law and Order Act of 2009, the Secretary shall establish procedures to enter into memoranda of agreement

;

(2)

in the second sentence, by striking The Secretary and inserting the following:

(2)

Certain activities

The Secretary

; and

(3)

by adding at the end the following:

(3)

Program enhancement

(A)

Training sessions in Indian country

(i)

In general

The procedures described in paragraph (1) shall include the development of a plan to enhance the certification and provision of special law enforcement commissions to tribal law enforcement officials, and, subject to subsection (d), State and local law enforcement officials, pursuant to this section.

(ii)

Inclusions

The plan under clause (i) shall include the hosting of regional training sessions in Indian country, not less frequently than biannually, to educate and certify candidates for the special law enforcement commissions.

(B)

Memoranda of agreement

(i)

In general

Not later than 180 days after the date of enactment of the Tribal Law and Order Act of 2009, the Secretary, in consultation with Indian tribes and tribal law enforcement agencies, shall develop minimum requirements to be included in special law enforcement commission agreements pursuant to this section.

(ii)

Agreement

Not later than 60 days after the date on which the Secretary determines that all applicable requirements under clause (i) are met, the Secretary shall offer to enter into a special law enforcement commission agreement with the applicable Indian tribe.

.

(c)

Indian Law Enforcement Foundation

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) is amended by adding at the end the following:

VII

Indian Law Enforcement Foundation

701.

Indian Law Enforcement Foundation

(a)

Establishment

As soon as practicable after the date of enactment of this title, the Secretary shall establish, under the laws of the District of Columbia and in accordance with this title, a foundation, to be known as the Indian Law Enforcement Foundation (referred to in this section as the Foundation).

(b)

Duties

The Foundation shall—

(1)

encourage, accept, and administer, in accordance with the terms of each donation, private gifts of real and personal property, and any income from or interest in such gifts, for the benefit of, or in support of, public safety and justice services in American Indian and Alaska Native communities; and

(2)

assist the Office of Justice Services of the Bureau of Indian Affairs and Indian tribal governments in funding and conducting activities and providing education to advance and support the provision of public safety and justice services in American Indian and Alaska Native communities.

.

(d)

Acceptance and assistance

Section 5 of the Indian Law Enforcement Reform Act (25 U.S.C. 2804) is amended by adding at the end the following:

(g)

Acceptance of assistance

The Bureau may accept reimbursement, resources, assistance, or funding from—

(1)

a Federal, tribal, State, or other government agency; or

(2)

the Indian Law Enforcement Foundation established under section 701(a) of the Indian Self-Determination and Education Assistance Act.

.

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.

303.

Access to national criminal information databases

(a)

Access to national criminal information databases

Section 534 of title 28, United States Code, is amended—

(1)

in subsection (a)(4), by inserting Indian tribes, after the States,;

(2)

by striking subsection (d) and inserting the following:

(d)

Indian law enforcement agencies

The Attorney General shall permit tribal and Bureau of Indian Affairs law enforcement agencies—

(1)

to directly access and enter information into Federal criminal information databases; and

(2)

to directly obtain information from the databases.

;

(3)

by redesignating the second subsection (e) as subsection (f); and

(4)

in paragraph (2) of subsection (f) (as redesignated by paragraph (3)), in the matter preceding subparagraph (A), by inserting , tribal, after Federal.

(b)

Requirement

(1)

In general

The Attorney General shall ensure that tribal law enforcement officials that meet applicable Federal or State requirements 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.

(3)

NCIC

Each tribal justice official serving an Indian tribe with criminal jurisdiction over Indian country shall be considered to be an authorized law enforcement official for purposes of access to the National Crime Information Center of the Federal Bureau of Investigation.

304.

Tribal court sentencing authority

(a)

Constitutional rights

Section 202 of Public Law 90–284 (25 U.S.C. 1302) is amended—

(1)

in the matter preceding paragraph (1), by striking No Indian tribe and inserting the following:

(a)

In general

No Indian tribe

;

(2)

in paragraph (7) of subsection (a) (as designated by paragraph (1)), by striking and a fine and inserting or a fine; and

(3)

by adding at the end the following:

(b)

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 a defense attorney licensed to practice law in any jurisdiction in the United States;

(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—

(A)

require that each judge presiding over an applicable criminal case is licensed to practice law in any jurisdiction in the United States; and

(B)

make publicly available the criminal laws (including regulations and interpretive documents) of the Indian tribe.

(3)

Sentences

A tribal court acting pursuant to paragraph (1) may require a convicted offender—

(A)

to serve the sentence—

(i)

in a tribal correctional center that has been approved by the Bureau of Indian Affairs for long-term incarceration, in accordance with guidelines developed by the Bureau of Indian Affairs, in consultation with Indian tribes;

(ii)

in the nearest appropriate Federal facility, at the expense of the United States pursuant to 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.

(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.

.

(b)

Grants and contracts

Section 1007(b) of the Economic Opportunity Act of 1964 (42 U.S.C. 2996f(b)) is amended by striking paragraph (2) and inserting the following:

(2)

to provide legal assistance with respect to any criminal proceeding, except to provide assistance to a person charged with an offense in an Indian tribal court;

.

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)
(A)

tribal juvenile justice systems and the Federal juvenile justice system as relating to Indian country; and

(B)

the effect of those systems and related programs in preventing juvenile crime, rehabilitating Indian youth in custody, and reducing recidivism among Indian youth;

(4)

the impact of the Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.) on—

(A)

the authority of Indian tribes; and

(B)

the rights of defendants subject to tribal government authority; and

(5)

studies of such other subjects as the Commission determines relevant to achieve the purposes of the Tribal Law and Order Act of 2009.

(e)

Recommendations

Taking into consideration the results of the study under paragraph (1), the Commission shall develop recommendations on necessary modifications and improvements to justice systems at the tribal, Federal, and State levels, including consideration of—

(1)

simplifying jurisdiction in Indian country;

(2)

improving services and programs—

(A)

to prevent juvenile crime on Indian land;

(B)

to rehabilitate Indian youth in custody; and

(C)

to reduce recidivism among Indian youth;

(3)

enhancing the penal authority of tribal courts and exploring alternatives to incarceration;

(4)

the establishment of satellite United States magistrate or district courts in Indian country;

(5)

changes to the tribal jails and Federal prison systems; and

(6)

other issues that, as determined by the Commission, would reduce violent crime in Indian country.

(f)

Report

Not later than 2 years after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that contains—

(1)

a detailed statement of the findings and conclusions of the Commission; and

(2)

the recommendations of the Commission for such legislative and administrative actions as the Commission considers to be appropriate.

(g)

Powers

(1)

Hearings

(A)

In general

The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers to be advisable to carry out the duties of the Commission under this section.

(B)

Public requirement

The hearings of the Commission under this paragraph shall be open to the public.

(2)

Witness expenses

(A)

In general

A witness requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code.

(B)

Per diem and mileage

The per diem and mileage allowance for a witness shall be paid from funds made available to the Commission.

(3)

Information from Federal, tribal, and State agencies

(A)

In general

The Commission may secure directly from a Federal agency such information as the Commission considers to be necessary to carry out this section.

(B)

Tribal and State agencies

The Commission may request the head of any tribal or State agency to provide to the Commission such information as the Commission considers to be necessary to carry out this section.

(4)

Postal services

The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.

(5)

Gifts

The Commission may accept, use, and dispose of gifts or donations of services or property.

(h)

Commission personnel matters

(1)

Travel expenses

A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.

(2)

Detail of Federal employees

On the affirmative vote of 2/3 of the members of the Commission and the approval of the appropriate Federal agency head, an employee of the Federal Government may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges.

(3)

Procurement of temporary and intermittent services

On request of the Commission, the Attorney General and Secretary shall provide to the Commission reasonable and appropriate office space, supplies, and administrative assistance.

(i)

Contracts for research

(1)

Researchers and experts

(A)

In general

On an affirmative vote of 2/3 of the members of the Commission, the Commission may select nongovernmental researchers and experts to assist the Commission in carrying out the duties of the Commission under this section.

(B)

National Institute of Justice

The National Institute of Justice may enter into a contract with the researchers and experts selected by the Commission under subparagraph (A) to provide funding in exchange for the services of the researchers and experts.

(2)

Other organizations

Nothing in this subsection limits the ability of the Commission to enter into contracts with any other entity or organization to carry out research necessary to carry out the duties of the Commission under this section.

(j)

Tribal Advisory Committee

(1)

Establishment

The Commission shall establish a committee, to be known as the Tribal Advisory Committee.

(2)

Membership

(A)

Composition

The Tribal Advisory Committee shall consist of 2 representatives of Indian tribes from each region of the Bureau 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.

IV

Tribal justice systems

401.

Indian alcohol and substance abuse

(a)

Correction of references

(1)

Inter-departmental memorandum of agreement

Section 4205 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2411) is amended—

(A)

in subsection (a)—

(i)

in the matter preceding paragraph (1)—

(I)

by striking the date of enactment of this subtitle and inserting the date of enactment of the Tribal Law and Order Act of 2009; and

(II)

by inserting , the Attorney General, after Secretary of the Interior;

(ii)

in paragraph (2)(A), by inserting , Bureau of Justice Assistance, Substance Abuse and Mental Health Services Administration, after Bureau of Indian Affairs,;

(iii)

in paragraph (4), by inserting , Department of Justice, Substance Abuse and Mental Health Services Administration, after Bureau of Indian Affairs;

(iv)

in paragraph (5), by inserting , Department of Justice, Substance Abuse and Mental Health Services Administration, after Bureau of Indian Affairs;

(v)

in paragraph (7), by inserting , the Attorney General, after Secretary of the Interior;

(B)

in subsection (c), by inserting , the Attorney General, after Secretary of the Interior; and

(C)

in subsection (d), by striking the date of enactment of this subtitle and inserting the date of enactment of the Tribal Law and Order Act of 2009.

(2)

Tribal action plans

Section 4206 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2412) is amended—

(A)

in subsection (b), in the first sentence, by inserting , the Bureau of Justice Assistance, the Substance Abuse and Mental Health Services Administration, before and the Indian Health Service service unit;

(B)

in subsection (c)(1)(A)(i), by inserting , the Bureau of Justice Assistance, the Substance Abuse and Mental Health Services Administration, before and the Indian Health Service service unit;

(C)

in subsection (d)(2), by striking fiscal year 1993 and such sums as are necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000 and inserting the period of fiscal years 2010 through 2014;

(D)

in subsection (e), in the first sentence, by inserting , the Attorney General, after the Secretary of the Interior; and

(E)

in subsection (f)(3), by striking fiscal year 1993 and such sums as are necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000 and inserting the period of fiscal years 2010 through 2014.

(3)

Departmental responsibility

Section 4207 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2413) is amended—

(A)

in subsection (a), by inserting , the Attorney General after Bureau of Indian Affairs;

(B)

in subsection (b)—

(i)

by striking paragraph (1) and inserting the following:

(1)

Establishment

(A)

In general

To improve coordination among the Federal agencies and departments carrying out this subtitle, there is established within the Substance Abuse and Mental Health Services Administration an office, to be known as the Office of Indian Alcohol and Substance Abuse (referred to in this section as the Office).

(B)

Director

The director of the Office shall be appointed by the Director of the Substance Abuse and Mental Health Services Administration—

(i)

on a permanent basis; and

(ii)

at a grade of not less than GS–15 of the General Schedule.

;

(ii)

in paragraph (2)—

(I)

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

(2)

Responsibilities of Office

In addition

;

(II)

by striking subparagraph (A) and inserting the following:

(A)

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

;

(III)

in subparagraph (B)—

(aa)

by striking within the Bureau of Indian Affairs; and

(bb)

by striking the period at the end and inserting ; and; and

(IV)

by adding at the end the following:

(C)

not later than 1 year after the date of enactment of the Tribal Law and Order Act of 2009, developing, in coordination and consultation with tribal governments, a framework for interagency and tribal coordination that—

(i)

establish the goals and other desired outcomes of this Act;

(ii)

prioritizes outcomes that are aligned with the purposes of affected agencies;

(iii)

provides guidelines for resource and information sharing;

(iv)

provides technical assistance to the affected agencies to establish effective and permanent interagency communication and coordination; and

(v)

determines whether collaboration is feasible, cost-effective, and within agency capability.

; and

(iii)

by striking paragraph (3) and inserting the following:

(3)

Appointment of employees

The Director of the Substance Abuse and Mental Health Services Administration shall appoint such employees to work in the Office, and shall provide such funding, services, and equipment, as may be necessary to enable the Office to carry out the responsibilities under this subsection.

; and

(C)

in subsection (c)—

(i)

by striking of Alcohol and Substance Abuse each place it appears;

(ii)

in paragraph (1), in the second sentence, by striking The Assistant Secretary of the Interior for Indian Affairs and inserting The Director of the Substance Abuse and Mental Health Services Administration; and

(iii)

in paragraph (3)—

(I)

in the matter preceding subparagraph (A), by striking Youth and inserting youth; and

(II)

by striking programs of the Bureau of Indian Affairs and inserting the applicable Federal programs.

(4)

Review of programs

Section 4208a(a) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2414a(a)) is amended in the matter preceding paragraph (1) by inserting , the Attorney General, after the Secretary of the Interior.

(5)

Federal facilities, property, and equipment

Section 4209 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2415) is amended—

(A)

in subsection (a), by inserting , the Attorney General, after the Secretary of the Interior;

(B)

in subsection (b)—

(i)

in the first sentence, by inserting , the Attorney General, after the Secretary of the Interior;

(ii)

in the second sentence, by inserting , nor the Attorney General, after the Secretary of the Interior; and

(iii)

in the third sentence, by inserting , the Department of Justice, after the Department of the Interior; and

(C)

in subsection (c)(1), by inserting , the Attorney General, after the Secretary of the Interior.

(6)

Newsletter

Section 4210 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2416) is amended—

(A)

in subsection (a), in the first sentence, by inserting , the Attorney General, after the Secretary of 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 2010 through 2014.

(7)

Review

Section 4211(a) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2431(a)) is amended in the matter preceding paragraph (1) by inserting , the Attorney General, after the Secretary of the Interior.

(b)

Indian education programs

Section 4212 of the Indian Alcohol and Substance Abuse Prevention Act of 1986 (25 U.S.C. 2432) is amended by striking subsection (a) and inserting the following:

(a)

Summer youth programs

(1)

In general

The head of the Indian Alcohol and Substance Abuse Program, in coordination with the Assistant Secretary for Indian Affairs, shall develop and implement programs in tribal schools and schools funded by the Bureau of Indian Education (subject to the approval of the local school board or contract school board) to determine the effectiveness of summer youth programs in advancing the purposes and goals of this Act.

(2)

Costs

The head of the Indian Alcohol and Substance Abuse Program and the Assistant Secretary shall defray all costs associated with the actual operation and support of the summer youth programs in a school from funds appropriated to carry out this subsection.

(3)

Authorization of appropriations

There are authorized to be appropriated to carry out the programs under this subsection such sums as are necessary for each of fiscal years 2010 through 2014.

.

(c)

Emergency shelters

Section 4213(e) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2433(e)) is amended—

(1)

in paragraph (1), by striking as may be necessary and all that follows through the end of the paragraph and inserting as are necessary for each of fiscal years 2010 through 2014.;

(2)

in paragraph (2), by striking $7,000,000 and all that follows through the end of the paragraph and inserting $10,000,000 for each of fiscal years 2010 through 2014.; and

(3)

by indenting paragraphs (4) and (5) appropriately.

(d)

Review of programs

Section 4215(a) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2441(a)) is amended by inserting , the Attorney General, after the Secretary of the Interior.

(e)

Illegal narcotics trafficking; source eradication

Section 4216 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2442) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)—

(i)

in subparagraph (A), by striking the comma at the end and inserting a semicolon;

(ii)

in subparagraph (B), by striking , and at the end and inserting a semicolon;

(iii)

in subparagraph (C), by striking the period at the end and inserting ; and; and

(iv)

by adding at the end the following:

(D)

the Blackfeet Nation of Montana for the investigation and control of illegal narcotics traffic on the Blackfeet Indian Reservation along the border with Canada.

;

(B)

in paragraph (2), by striking United States Custom Service and inserting United States Customs and Border Protection; and

(C)

by striking paragraph (3) and inserting the following:

(3)

Authorization of appropriations

There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2010 through 2014.

; and

(2)

in subsection (b)(2), by striking as may be necessary and all that follows through the end of the paragraph and inserting as are necessary for each of fiscal years 2010 through 2014..

(f)

Law enforcement and judicial training

Section 4218 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2451) is amended—

(1)

by striking subsection (a) and inserting the following:

(a)

Training programs

(1)

In general

The Secretary of the Interior, in coordination with the Attorney General, the Administrator of the Drug Enforcement Administration, and the Director of the Federal Bureau of Investigation, shall ensure, through the establishment of a new training program or by supplementing existing training programs, that all Bureau of Indian Affairs and tribal law enforcement and judicial personnel have access to training regarding—

(A)

the investigation and prosecution of offenses relating to illegal narcotics; and

(B)

alcohol and substance abuse prevention and treatment.

(2)

Youth-related training

Any training provided to Bureau of Indian Affairs or tribal law enforcement or judicial personnel under paragraph (1) shall include training in issues relating to youth alcohol and substance abuse prevention and treatment.

; and

(2)

in subsection (b), by striking as may be necessary and all that follows through the end of the subsection and inserting as are necessary for each of fiscal years 2010 through 2014..

(g)

Juvenile detention centers

Section 4220 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2453) is amended—

(1)

in subsection (a)—

(A)

by striking The Secretary the first place it appears and inserting the following:

(1)

In general

The Secretary

;

(B)

in the second sentence, by striking The Secretary shall and inserting the following:

(2)

Construction and operation

The Secretary shall

; and

(C)

by adding at the end the following:

(3)

Development of plan

(A)

In general

Not later than 180 days after the date of enactment of this paragraph, the Secretary, the Director of the Substance Abuse and Mental Health Services Administration, the Director of the Indian Health Service, and the Attorney General, in consultation with tribal leaders and tribal justice officials, shall develop a long-term plan for the construction, renovation, and operation of Indian juvenile detention and treatment centers and alternatives to detention for juvenile offenders.

(B)

Coordination

The plan under subparagraph (A) shall require the Bureau of Indian Education and the Indian Health Service to coordinate with tribal and Bureau of Indian Affairs juvenile detention centers to provide services to those centers.

; and

(2)

in subsection (b)—

(A)

by striking such sums as may be necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000 each place it appears and inserting such sums as are necessary for each of fiscal years 2010 through 2014; and

(B)

by indenting paragraph (2) appropriately.

402.

Indian tribal justice; technical and legal assistance

(a)

Indian tribal justice

(1)

Base support funding

Section 103(b) of the Indian Tribal Justice Act (25 U.S.C. 3613(b)) is amended by striking paragraph (2) and inserting the following:

(2)

the employment of tribal court personnel, including tribal court judges, prosecutors, public defenders, guardians ad litem, and court-appointed special advocates for children and juveniles;

.

(2)

Tribal justice systems

Section 201 of the Indian Tribal Justice Act (25 U.S.C. 3621) is amended—

(A)

in subsection (a)—

(i)

by striking the provisions of sections 101 and 102 of this Act and inserting sections 101 and 102; and

(ii)

by striking the fiscal years 2000 through 2007 and inserting fiscal years 2010 through 2014;

(B)

in subsection (b)—

(i)

by striking the provisions of section 103 of this Act and inserting section 103; and

(ii)

by striking the fiscal years 2000 through 2007 and inserting fiscal years 2010 through 2014;

(C)

in subsection (c), by striking the fiscal years 2000 through 2007 and inserting fiscal years 2010 through 2014; and

(D)

in subsection (d), by striking the fiscal years 2000 through 2007 and inserting fiscal years 2010 through 2014.

(b)

Technical and legal assistance

(1)

Tribal civil legal assistance grants

Section 102 of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (25 U.S.C. 3662) is amended by inserting (including guardians ad litem and court-appointed special advocates for children and juveniles) after civil legal assistance.

(2)

Tribal criminal legal assistance grants

Section 103 of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (25 U.S.C. 3663) is amended by striking criminal legal assistance to members of Indian tribes and tribal justice systems and inserting criminal legal assistance services to all defendants subject to tribal court jurisdiction and judicial services for tribal courts.

(3)

Funding

The Indian Tribal Justice Technical and Legal Assistance Act of 2000 is amended—

(A)

in section 106 (25 U.S.C. 3666), by striking 2000 through 2004 and inserting 2010 through 2014; and

(B)

in section 201(d) (25 U.S.C. 3681(d)), by striking 2000 through 2004 and inserting 2010 through 2014.

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 (i), by striking The authority and inserting Except as provided in subsection (j), the authority; and

(3)

by adding at the end the following:

(j)

Grants to Indian tribes

(1)

In general

Notwithstanding subsection (i) and section 1703, and in acknowledgment of the Federal nexus and distinct Federal responsibility to address and prevent crime in Indian country, the Attorney General shall provide grants under this section to Indian tribal governments, for fiscal year 2010 and any fiscal year thereafter, for such period as the Attorney General determines to be appropriate to assist the Indian tribal governments in carrying out the purposes described in subsection (b).

(2)

Priority of funding

In providing grants to Indian tribal governments under this subsection, the Attorney General shall take into consideration reservation crime rates and tribal law enforcement staffing needs of each Indian tribal government.

(3)

Federal share

Because of the Federal nature and responsibility for providing public safety on Indian land, the Federal share of the cost of any activity carried out using a grant under this subsection shall be 100 percent.

(4)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subsection for each of fiscal years 2010 through 2014.

(k)

Report

Not later than 180 days after the date of enactment of this subsection, the Attorney General shall submit to Congress a report describing the extent and effectiveness of the Community Oriented Policing (COPS) initiative as applied in Indian country, including particular references to—

(1)

the problem of intermittent funding;

(2)

the integration of COPS personnel with existing law enforcement authorities; and

(3)

an explanation of how the practice of community policing and the broken windows theory can most effectively be applied in remote tribal locations.

.

404.

Tribal jails program

(a)

In general

Section 20109 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by striking subsection (a) and inserting the following:

(a)

Reservation of funds

Notwithstanding any other provision of this part, of amounts made available to the Attorney General to carry out programs relating to offender incarceration, the Attorney General shall reserve $35,000,000 for each of fiscal years 2010 through 2014 to carry out this section.

.

(b)

Regional detention centers

(1)

In general

Section 20109 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by striking subsection (b) and inserting the following:

(b)

Grants to indian tribes

(1)

In general

From the amounts reserved under subsection (a), the Attorney General shall provide grants—

(A)

to Indian tribes for purposes of—

(i)

construction and maintenance of jails on Indian land for the incarceration of offenders subject to tribal jurisdiction;

(ii)

entering into contracts with private entities to increase the efficiency of the construction of tribal jails; and

(iii)

developing and implementing alternatives to incarceration in tribal jails;

(B)

to Indian tribes for the construction of tribal justice centers that combine tribal police, courts, and corrections services to address violations of tribal civil and criminal laws;

(C)

to consortia of Indian tribes for purposes of constructing and operating regional detention centers on Indian land for long-term incarceration of offenders subject to tribal jurisdiction, as the applicable consortium determines to be appropriate.

(2)

Priority of funding

in providing grants under this subsection, the Attorney General shall take into consideration applicable—

(A)

reservation crime rates;

(B)

annual tribal court convictions; and

(C)

bed space needs.

(3)

Federal share

Because of the Federal nature and responsibility for providing public safety on Indian land, the Federal share of the cost of any activity carried out using a grant under this subsection shall be 100 percent.

.

(2)

Conforming amendment

Section 20109(c) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709(c)) is amended by inserting or consortium of Indian tribes, as applicable, after Indian tribe.

(3)

Long-term plan

Section 20109 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by adding at the end the following:

(d)

Long-term plan

Not later than 1 year after the date of enactment of this subsection, the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with tribal leaders, tribal law enforcement officers, and tribal corrections officials, shall submit to Congress a long-term plan to address incarceration in Indian country, including a description of—

(1)

proposed activities for construction of detention facilities (including regional facilities) on Indian land;

(2)

proposed activities for construction of additional Federal detention facilities on Indian land;

(3)

proposed activities for contracting with State and local detention centers, with tribal government approval;

(4)

proposed alternatives to incarceration, developed in cooperation with tribal court systems; and

(5)

such other alternatives as the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with Indian tribes, determines to be necessary.

.

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:

203.

Assistant parole and probation officers

To the maximum extent practicable, the Director of the Administrative Office of the United States Courts, in coordination with the Office of Tribal Justice and the Director of the Office of Justice Services, shall—

(1)

appoint individuals residing in Indian country to serve as assistant parole or probation officers for purposes of monitoring and providing service to Federal prisoners residing in Indian country; and

(2)

provide substance abuse, mental health, and other related treatment services to offenders residing on Indian land.

.

406.

Tribal youth program

(a)

Incentive grants for local delinquency prevention programs

(1)

In general

Section 504 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5783) is amended—

(A)

in subsection (a), by inserting , or to Indian tribes under subsection (d) after subsection (b); and

(B)

by adding at the end the following:

(d)

Grants for tribal delinquency prevention and response programs

(1)

In general

The Administrator shall make grants under this section, on a competitive basis, to eligible Indian tribes or consortia of Indian tribes, as described in paragraph (2)—

(A)

to support and enhance—

(i)

tribal juvenile delinquency prevention services; and

(ii)

the ability of Indian tribes to respond to, and care for, juvenile offenders; and

(B)

to encourage accountability of Indian tribal governments with respect to preventing juvenile delinquency and responding to, and caring for, juvenile offenders.

(2)

Eligible Indian tribes

To be eligible to receive a grant under this subsection, an Indian tribe or consortium of Indian tribes shall submit to the Administrator an application in such form and containing such information as the Administrator may require.

(3)

Priority of funding

In providing grants under this subsection, the Administrator shall take into consideration, with respect to the reservation communities to be served—

(A)

juvenile crime rates;

(B)

dropout rates; and

(C)

percentage of at-risk youth.

.

(2)

Authorization of appropriations

Section 505 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5784) is amended by striking fiscal years 2004, 2005, 2006, 2007, and 2008 and inserting each of fiscal years 2010 through 2014.

(b)

Coordinating Council on Juvenile Justice and Delinquency Prevention

Section 206(a)(2) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(a)(2)) is amended—

(1)

in subparagraph (A), by striking Nine and inserting Ten; and

(2)

in subparagraph (B), by adding at the end the following:

(iv)

One member shall be appointed by the Chairman of the Committee on Indian Affairs of the Senate, in consultation with the Vice Chairman of that Committee.

.

V

Indian country crime data collection and information sharing

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.

.

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.

.

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.

VI

Domestic violence and sexual assault prosecution and prevention

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:

(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.

.

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.

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:

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.

.

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:

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.

.

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:

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.

.