Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Tribal Law and Order Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as follows:
Sec..1..Short title; table of contents.
Sec..2..Findings; purposes.
Sec..3..Definitions.
TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION
Sec..101..Office of Justice Services responsibilities.
Sec..102..Declination reports.
Sec..103..Prosecution of crimes in Indian country.
Sec..104..Administration.
TITLE II--STATE ACCOUNTABILITY AND COORDINATION
Sec..201..State criminal jurisdiction and resources.
Sec..202..Incentives for State, tribal, and local law enforcement cooperation.
TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND TRIBAL GOVERNMENTS
Sec..301..Tribal police officers.
Sec..302..Drug enforcement in Indian country.
Sec..303..Access to national criminal information databases.
Sec..304..Tribal court sentencing authority.
Sec..305..Indian law and order commission.
TITLE IV--TRIBAL JUSTICE SYSTEMS
Sec..401..Indian alcohol and substance abuse.
Sec..402..Indian tribal justice; technical and legal assistance.
Sec..403..Tribal resources grant program.
Sec..404..Tribal jails program.
Sec..405..Tribal probation office liaison program.
Sec..406..Tribal youth program.
TITLE V--INDIAN COUNTRY CRIME DATA
Sec..501..Tracking of crimes committed in Indian country.
Sec..502..Grants to improve tribal data collection systems.
Sec..503..Criminal history record improvement program.
TITLE VI--DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROSECUTION AND PREVENTION
Sec..601..Prisoner release and reentry.
Sec..602..Domestic and sexual violent offense training.
Sec..603..Testimony by Federal employees in cases of rape and sexual assault.
Sec..604..Coordination of Federal agencies.
Sec..605..Sexual assault protocol.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) the United States has distinct legal, treaty, and trust obligations to provide for the public safety of tribal communities;
(2) several States have been delegated or have accepted responsibility to provide for the public safety of tribal communities within the borders of the States;
(3) Congress and the President have acknowledged that--
(A) tribal law enforcement officers are often the first responders to crimes on Indian reservations; and
(B) tribal justice systems are ultimately the most appropriate institutions for maintaining law and order in tribal communities;
(4) less than 3,000 tribal and Federal law enforcement officers patrol more than 56,000,000 acres of Indian country, which reflects less than 1/2 of the law enforcement presence in comparable rural communities nationwide;
(5) on many Indian reservations, law enforcement officers respond to distress or emergency calls without backup and travel to remote locations without adequate radio communication or access to national crime information database systems;
(6) the majority of tribal detention facilities were constructed decades before the date of enactment of this Act and must be or will soon need to be replaced, creating a multibillion-dollar backlog in facility needs;
(7) a number of Indian country offenders face no consequences for minor crimes, and many such offenders are released due to severe overcrowding in existing detention facilities;
(8) tribal courts--
(A) are the primary arbiters of criminal and civil justice for actions arising in Indian country; but
(B) have been historically underfunded;
(9) tribal courts have no criminal jurisdiction over non-Indian persons, and the sentencing authority of tribal courts is limited to sentences of not more than 1 year of imprisonment for Indian offenders, forcing tribal communities to rely solely on the Federal Government and certain State governments for the prosecution of--
(A) misdemeanors committed by non-Indian persons; and
(B) all felony crimes in Indian country;
(10) a significant percentage of cases referred to Federal agencies for prosecution of crimes allegedly occurring in tribal communities are declined to be prosecuted;
(11) the complicated jurisdictional scheme that exists in Indian country--
(A) has a significant negative impact on the ability to provide public safety to Indian communities; and
(B) has been increasingly exploited by criminals;
(12) the violent crime rate in Indian country is--
(A) nearly twice the national average; and
(B) more than 20 times the national average on some Indian reservations;
(13)(A) domestic and sexual violence against Indian and Alaska Native women has reached epidemic proportions;
(B) 34 percent of Indian and Alaska Native women will be raped in their lifetimes; and
(C) 39 percent of Indian and Alaska Native women will be subject to domestic violence;
(14) the lack of police presence and resources in Indian country has resulted in significant delays in responding to victims' calls for assistance, which adversely affects the collection of evidence needed to prosecute crimes, particularly crimes of domestic and sexual violence;
(15) alcohol and drug abuse plays a role in more than 80 percent of crimes committed in tribal communities;
(16) the rate of methamphetamine addiction in tribal communities is 3 times the national average;
(17) the Department of Justice has reported that drug organizations have increasingly targeted Indian country to produce and distribute methamphetamine, citing the limited law enforcement presence and jurisdictional confusion as reasons for the increased activity;
(18) tribal communities face significant increases in instances of domestic violence, burglary, assault, and child abuse as a direct result of increased methamphetamine use on Indian reservations;
(19)(A) criminal jurisdiction in Indian country is complex, and responsibility for Indian country law enforcement is shared among Federal, tribal, and State authorities; and
(B) that complexity requires a high degree of commitment and cooperation from Federal and State officials that can be difficult to establish;
(20) agreements for cooperation among certified tribal and State law enforcement officers have proven to improve law enforcement in tribal communities; and
(21) crime data is a fundamental tool of law enforcement, but for decades the Bureau of Indian Affairs and the Department of Justice have not been able to coordinate or consistently report crime and prosecution rates in tribal communities.
(b) Purposes.--The purposes of this Act are--
(1) to clarify the responsibilities of Federal, State, tribal, and local governments with respect to crimes committed in tribal communities;
(2) to increase coordination and communication among Federal, State, tribal, and local law enforcement agencies;
(3) to empower tribal governments with the authority, resources, and information necessary to safely and effectively provide for the safety of the public in tribal communities;
(4) to reduce the prevalence of violent crime in tribal communities and to combat violence against Indian and Alaska Native women;
(5) to address and prevent drug trafficking and reduce rates of alcohol and drug addiction in Indian country; and
(6) to increase and standardize the collection of criminal data and the sharing of criminal history information among Federal, State, and tribal officials responsible for responding to and investigating crimes in tribal communities.
SEC. 3. DEFINITIONS.
(a) In General.--In this Act:
(1) INDIAN COUNTRY.--The term ``Indian country'' has the meaning given the term in section 1151 of title 18, United States Code.
(2) INDIAN TRIBE.--The term ``Indian tribe'' has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(3) SECRETARY.--The term ``Secretary'' means the Secretary of the Interior.
(4) TRIBAL GOVERNMENT.--The term ``tribal government'' means the governing body of an Indian tribe.
(b) Indian Law Enforcement Reform Act.--Section 2 of the Indian Law Enforcement Reform Act (25 U.S.C. 2801) is amended by adding at the end the following:
``(10) TRIBAL JUSTICE OFFICIAL.--The term `tribal justice official' means--
``(A) a tribal prosecutor;
``(B) a tribal law enforcement officer; or
``(C) any other person responsible for investigating or prosecuting an alleged criminal offense in tribal court.''.
SEC. 101. OFFICE OF JUSTICE SERVICES RESPONSIBILITIES.
(a) Additional Responsibilities of Division.--Section 3 of the Indian Law Enforcement Reform Act (25 U.S.C. 2802) is amended--
(1) in subsection (c)--
(A) in paragraph (8), by striking ``and'' at the end;
(B) in paragraph (9), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
``(10) communicating with tribal leaders, tribal community advocates, tribal justice officials, and residents of Indian land on a regular basis regarding public safety and justice concerns facing tribal communities;
``(11) conducting meaningful and timely consultation with tribal leaders and tribal justice officials in the development of regulatory policies and other actions that affect public safety and justice in Indian country;
``(12) providing technical assistance and training to tribal law enforcement officials to gain access and input authority to utilize the National Criminal Information Center and other national crime information databases pursuant to section 534 of title 28, United States Code;
``(13) in coordination with the Attorney General pursuant to subsection (g) of section 302 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732), collecting, analyzing, and reporting data regarding Indian country crimes on an annual basis;
``(14) submitting to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives, for each fiscal year, a detailed spending report regarding tribal public safety and justice programs that includes--
``(A) the number of employees and amounts spent by category, including a breakdown by position of direct Bureau and tribal government employees, for each of--
``(i) criminal investigators;
``(ii) uniform police;
``(iii) dispatchers;
``(iv) detention officers; and
``(v) executive personnel, including special agents in charge, and directors and deputies of various offices in the Office of Justice Services;
``(B) an itemized list of spending by the Secretary on law enforcement and corrections personnel, vehicles, related transportation costs, equipment, inmate transportation costs, inmate transfer costs, improvement and repair of facilities, personnel transfers, detailees and costs related to their details, emergency events, public safety and justice communications and technology costs, and other public safety and justice-related expenses;
``(C) a list of, and relevant details regarding, the unmet staffing needs of law enforcement and corrections personnel at tribal and Bureau of Indian Affairs police departments and corrections facilities, the backlog in corrections facilities, public safety and justice communications and technology needs, and other public safety and justice-related needs; and
``(D) the formula, priority list or other methodology used to determine the method of disbursement of funds for the public safety and justice programs of the Office of Justice Services;
``(15) submitting to Congress, for each fiscal year, a report summarizing the technical assistance, training, and other support provided to tribal law enforcement and corrections agencies that operate relevant programs pursuant to self-determination contracts or self-governance compacts with the Bureau of Indian Affairs; and
``(16) promulgating regulations to carry out this Act, and routinely reviewing and updating, as necessary, the regulations contained in subchapter B of title 25, Code of Federal Regulations (or successor regulations).''; and
(2) by adding at the end the following:
``(d) Long-Term Plan for Tribal Detention Programs.--Not later than 1 year after the date of enactment of this subsection, the Secretary, acting through the Bureau, in coordination with the Department of Justice and in consultation with tribal leaders, tribal law enforcement officers, and tribal corrections officials, shall submit to Congress a long-term plan to address incarceration in Indian country, including a description of--
``(1) proposed activities for the construction of detention facilities (including regional facilities) on Indian land;
``(2) proposed activities for the construction of additional Federal detention facilities on Indian land;
``(3) proposed activities for contracting with State and local detention centers, upon approval of affected tribal governments;
``(4) proposed activities for alternatives to incarceration, developed in cooperation with tribal court systems; and
``(5) other such alternatives to incarceration as the Secretary, in coordination with the Bureau and in consultation with tribal representatives, determines to be necessary.''.
(b) Law Enforcement Authority.--Section 4 of the Indian Law Enforcement Reform Act (25 U.S.C. 2803) is amended--
(1) in paragraph (2)(A), by striking ``), or'' and inserting ``or offenses committed on Federal property processed by the Central Violations Bureau); or''; and(2) in paragraph (3), by striking subparagraphs (A) through (C) and inserting the following:
``(A) the offense is committed in the presence of the employee; or
``(B) the offense is a Federal crime and the employee has reasonable grounds to believe that the person to be arrested has committed, or is committing, the crime;''.
SEC. 102. DECLINATION REPORTS.
Section 10 of the Indian Law Enforcement Reform Act (25 U.S.C. 2809) is amended by striking subsections (a) through (d) and inserting the following:
``(a) Reports.--
``(1) LAW ENFORCEMENT OFFICIALS.--Subject to subsection (d), if a law enforcement officer or employee of any Federal department or agency declines to initiate an investigation of an alleged violation of Federal law in Indian country, or terminates such an investigation without referral for prosecution, the officer or employee shall--
``(A) submit to the appropriate tribal justice officials a report describing each reason why a case was not opened or an investigation was declined or terminated; and
``(B) submit to the Office of Indian Country Crime relevant information regarding all declinations of alleged violations of Federal law in Indian country, including--
``(i) the type of crime alleged;
``(ii) the status of the accused as an Indian or non-Indian;
``(iii) the status of the victim as an Indian; and
``(iv) the reason for declining to initiate, open, or terminate the investigation.
``(2) UNITED STATES ATTORNEYS.--Subject to subsection (d), if a United States Attorney declines to prosecute, or acts to terminate prosecution of, an alleged violation of Federal law in Indian country referred for prosecution by a law enforcement officer or employee of a Federal department or agency or other law enforcement officer authorized to enforce Federal law, the United States Attorney shall--
``(A) coordinate and communicate with the appropriate tribal justice official, sufficiently in advance of the tribal statute of limitations, reasonable details regarding the case to permit the tribal prosecutor to pursue the case in tribal court; and
``(B) submit to the Office of Indian Country Crime and the appropriate tribal justice official relevant information regarding all declinations of alleged violations of Federal law in Indian country, including--
``(i) the type of crime alleged;
``(ii) the status of the accused as an Indian or non-Indian;
``(iii) the status of the victim as an Indian; and
``(iv) the reason for the determination to decline or terminate the prosecution.
``(b) Maintenance of Records.--
``(1) IN GENERAL.--The Director of the Office of Indian Country Crime shall establish and maintain a compilation of information received under paragraph (1) or (2) of subsection (a) relating to declinations.
``(2) AVAILABILITY TO CONGRESS.--Each compilation under paragraph (1) shall be made available to Congress on an annual basis.
``(c) Inclusion of Case Files.--A report submitted to the appropriate tribal justice officials under paragraph (1) or (2) of subsection (a) may include the case file, including evidence collected and statements taken that could support an investigation or prosecution by the appropriate tribal justice officials.
``(d) Effect of Section.--
``(1) IN GENERAL.--Nothing in this section requires any Federal agency or official to transfer or disclose any confidential or privileged communication, information, or source to an official of any Indian tribe.
``(2) FEDERAL RULES OF CRIMINAL PROCEDURE.--Rule 6 of the Federal Rules of Criminal Procedure shall apply to this section.
``(3) REGULATIONS.--Each Federal agency required to submit a report pursuant to this section shall adopt, by regulation, standards for the protection of confidential or privileged communications, information, and sources under paragraph (1).''.
SEC. 103. PROSECUTION OF CRIMES IN INDIAN COUNTRY.
(a) Appointment of Special Prosecutors.--Section 543(a) of title 28, United States Code, is amended by inserting before the period at the end the following: ``, including the appointment of qualified tribal prosecutors and other qualified attorneys to assist in prosecuting Federal offenses committed in Indian country''.
(b) Tribal Liaisons.--The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) is amended by adding at the end the following:
``SEC. 11. ASSISTANT UNITED STATES ATTORNEY TRIBAL LIAISONS.
``(a) Appointment.--Each United States Attorney the district of which includes Indian country shall appoint not less than 1 assistant United States Attorney to serve as a tribal liaison for the district.
``(b) Duties.--A tribal liaison shall be responsible for the following activities in the district of the tribal liaison:
``(1) Coordinating the prosecution of Federal crimes that occur in Indian country.
``(2) Developing multidisciplinary teams to combat child abuse and domestic and sexual violence offenses against Indians.
``(3) Developing working relationships and maintaining communication with tribal leaders, tribal community advocates, and tribal justice officials to gather information from, and share appropriate information with, tribal justice officials.
``(4) Coordinating with tribal prosecutors in cases in which a tribal government has concurrent jurisdiction over an alleged crime, in advance of the expiration of any applicable statute of limitation.
``(5) Providing technical assistance and training regarding evidence gathering techniques to tribal justice officials and other individuals and entities that are instrumental to responding to Indian country crimes.
``(6) Conducting training sessions and seminars to certify special law enforcement commissions to tribal justice officials and other individuals and entities responsible for responding to Indian country crimes.
``(7) Coordinating with the Office of Indian Country Crime, as necessary.
``(8) Conducting such other activities to address and prevent violent crime in Indian country as the applicable United States Attorney determines to be appropriate.
``(c) Sense of Congress Regarding Evaluations of Tribal Liaisons.--
``(1) FINDINGS.--Congress finds that--
``(A) many tribal communities rely solely on United States Attorneys offices to prosecute felony and misdemeanor crimes occurring on Indian land; and
``(B) tribal liaisons have dual obligations of--
``(i) coordinating prosecutions of Indian country crime; and
``(ii) developing relationships with tribal communities and serving as a link between tribal communities and the Federal justice process.
``(2) SENSE OF CONGRESS.--It is the sense of Congress that the Attorney General should--
``(A) take all appropriate actions to encourage the aggressive prosecution of all crimes committed in Indian country; and
``(B) when appropriate, take into consideration the dual responsibilities of tribal liaisons described in paragraph (1)(B) in evaluating the performance of the tribal liaisons.
``(d) Enhanced Prosecution of Minor Crimes.--Each United States Attorney serving a district that includes Indian country is authorized and encouraged--
``(1) to appoint Special Assistant United States Attorneys pursuant to section 543(a) of title 28, United States Code, to prosecute crimes in Indian country as necessary to improve the administration of justice, and particularly when--
``(A) the crime rate exceeds the national average crime rate; or
``(B) the rate at which criminal offenses are declined to be prosecuted exceeds the national average rate;
``(2) to coordinate with applicable United States magistrate and district courts--
``(A) to ensure the provision of docket time for prosecutions of Indian country crimes; and
``(B) to hold trials and other proceedings in Indian country, as appropriate;
``(3) to provide to appointed Special Assistant United States Attorneys appropriate training, supervision, and staff support; and
``(4) if an agreement is entered into with a Federal court pursuant to paragraph (2), to provide technical and other assistance to tribal governments and tribal court systems to ensure the success of the program under this subsection.''.
SEC. 104. ADMINISTRATION.
(a) Office of Tribal Justice.--
(1) DEFINITIONS.--Section 4 of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (25 U.S.C. 3653) is amended--
(A) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) DIRECTOR.--The term `Director' means the Director of the Office of Tribal Justice.''.
(2) STATUS.--Title I of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 is amended--
(A) by redesignating section 106 (25 U.S.C. 3666) as section 107; and
(B) by inserting after section 105 (25 U.S.C. 3665) the following:
``SEC. 106. OFFICE OF TRIBAL JUSTICE.
``(a) In General.--Not later than 90 days after the date of enactment of the Tribal Law and Order Act of 2008, the Attorney General shall modify the status of the Office of Tribal Justice as the Attorney General determines to be necessary to establish the Office of Tribal Justice as a permanent division of the Department.
``(b) Personnel and Funding.--The Attorney General shall provide to the Office of Tribal Justice such personnel and funds as are necessary to establish the Office of Tribal Justice as a division of the Department under subsection (a).
``(c) Additional Duties.--In addition to the duties of the Office of Tribal Justice in effect on the day before the date of enactment of the Tribal Law and Order Act of 2008, the Office of Tribal Justice shall--
``(1) serve as the program and legal policy advisor to the Attorney General with respect to the treaty and trust relationship between the United States and Indian tribes;
``(2) serve as the point of contact for federally recognized tribal governments and tribal organizations with respect to questions and comments regarding policies and programs of the Department and issues relating to public safety and justice in Indian country; and
``(3) coordinate with other bureaus, agencies, offices, and divisions within the Department of Justice to ensure that each component has an accountable process to ensure meaningful and timely consultation with tribal leaders in the development of regulatory policies and other actions with tribal implications.''.
(b) Office of Indian Country Crime.--The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as amended by section 103(b)) is amended by adding at the end the following:
``SEC. 12. OFFICE OF INDIAN COUNTRY CRIME.
``(a) Establishment.--There is established in the criminal division of the Department of Justice an office, to be known as the `Office of Indian Country Crime'.
``(b) Duties.--The Office of Indian Country Crime shall--
``(1) develop, enforce, and administer the application of Federal criminal laws applicable in Indian country;
``(2) coordinate with the United States Attorneys that have authority to prosecute crimes in Indian country;
``(3) coordinate prosecutions of crimes of national significance in Indian country, as determined by the Attorney General;
``(4) develop and implement criminal enforcement policies for United States Attorneys and investigators of Federal crimes regarding cases arising in Indian country; and
``(5) submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives annual reports describing the prosecution and declination rates of cases involving alleged crimes in Indian country referred to United States Attorneys.
``(c) Deputy Assistant Attorney General.--
``(1) APPOINTMENT.--The Attorney General shall appoint a Deputy Assistant Attorney General for Indian Country Crime.
``(2) DUTIES.--The Deputy Assistant Attorney General for Indian Country Crime shall--
``(A) serve as the head of the Office of Indian Country Crime;
``(B) serve as a point of contact to United State Attorneys serving districts including Indian country, tribal liaisons, tribal governments, and other Federal, State, and local law enforcement agencies regarding issues affecting the prosecution of crime in Indian country; and
``(C) carry out such other duties as the Attorney General may prescribe.''.
SEC. 201. STATE CRIMINAL JURISDICTION AND RESOURCES.
(a) Concurrent Authority of United States.--Section 401(a) of Public Law 90-284 (25 U.S.C. 1321(a)) is amended--
(1) by striking the section designation and heading and all that follows through ``The consent of the United States'' and inserting the following:
``SEC. 401. ASSUMPTION BY STATE OF CRIMINAL JURISDICTION.
``(a) Consent of United States.--
``(1) IN GENERAL.--The consent of the United States''; and
(2) by adding at the end the following:
``(2) CONCURRENT JURISDICTION.--At the request of an Indian tribe, and after consultation with the Attorney General, the United States shall maintain concurrent jurisdiction to prosecute violations of sections 1152 and 1153 of title 18, United States Code, within the Indian country of the Indian tribe.''.
(b) Applicable Law.--Section 1162 of title 18, United States Code, is amended by striking subsection (c) and inserting the following:
``(c) Applicable Law.--At the request of an Indian tribe, and after consultation with the Attorney General--
``(1) sections 1152 and 1153 of this title shall remain in effect in the areas of the Indian country of the Indian tribe; and
``(2) jurisdiction over those areas shall be concurrent among the Federal Government and State and tribal governments.''.
SEC. 202. INCENTIVES FOR STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT COOPERATION.
(a) Establishment of Cooperative Assistance Program.--The Attorney General may provide grants, technical assistance, and other assistance to State, tribal, and local governments that enter into cooperative agreements, including agreements relating to mutual aid, hot pursuit of suspects, and cross-deputization for the purposes of--
(1) improving law enforcement effectiveness; and
(2) reducing crime in Indian country and nearby communities.
(b) Program Plans.--
(1) IN GENERAL.--To be eligible to receive assistance under this section, a group composed of not less than 1 of each of a tribal government and a State or local government shall jointly develop and submit to the Attorney General a plan for a program to achieve the purpose described in subsection (a).
(2) PLAN REQUIREMENTS.--A joint program plan under paragraph (1) shall include a description of--
(A) the proposed cooperative tribal and State or local law enforcement program for which funding is sought, including information on the population and each geographic area to be served by the program;
(B) the need of the proposed program for funding under this section, the amount of funding requested, and the proposed use of funds, subject to the requirements listed in subsection (c);
(C) the unit of government that will administer any assistance received under this section, and the method by which the assistance will be distributed;
(D) the types of law enforcement services to be performed on each applicable Indian reservation and the individuals and entities that will perform those services;
(E) the individual or group of individuals who will exercise daily supervision and control over law enforcement officers participating in the program;
(F) the method by which local and tribal government input with respect to the planning and implementation of the program will be ensured;
(G) the policies of the program regarding mutual aid, hot pursuit of suspects, deputization, training, and insurance of applicable law enforcement officers;
(H) the recordkeeping procedures and types of data to be collected pursuant to the program; and
(I) other information that the Attorney General determines to be relevant.
(c) Permissible Uses of Funds.--An eligible entity that receives a grant under this section may use the grant, in accordance with the program plan described in subsection (b)--
(1) to hire and train new career tribal, State, or local law enforcement officers, or to make overtime payments for current law enforcement officers, that are or will be dedicated to--
(A) policing tribal land and nearby lands; and
(B) investigating alleged crimes on those lands;
(2) procure equipment, technology, or support systems to be used to investigate crimes and share information between tribal, State, and local law enforcement agencies; or
(3) for any other uses that the Attorney General determines will meet the purposes described in subsection (a).
(d) Factors for Consideration.--In determining whether to approve a joint program plan submitted under subsection (b) and, on approval, the amount of assistance to provide to the program, the Attorney General shall take into consideration the following factors:
(1) The size and population of each Indian reservation and nearby community proposed to be served by the program.
(2) The complexity of the law enforcement problems proposed to be addressed by the program.
(3) The range of services proposed to be provided by the program.
(4) The proposed improvements the program will make regarding law enforcement cooperation beyond existing levels of cooperation.
(5) The crime rates of the tribal and nearby communities.
(6) The available resources of each entity applying for a grant under this section for dedication to public safety in the respective jurisdictions of the entities.
(e) Annual Reports.--To be eligible to renew or extend a grant under this section, a group described in subsection (b)(1) shall submit to the Attorney General, together with the joint program plan under subsection (b), a report describing the law enforcement activities carried out pursuant to the program during the preceding fiscal year, including the success of the activities, including any increase in arrests or prosecutions.
(f) Reports by Attorney General.--Not later than January 15 of each applicable fiscal year, the Attorney General shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the law enforcement programs carried out using assistance provided under this section during the preceding fiscal year, including the success of the programs.
(g) Technical Assistance.--On receipt of a request from a group composed of not less than 1 tribal government and 1 State or local government, the Attorney General shall provide technical assistance to the group to develop successful cooperative relationships that effectively combat crime in Indian country and nearby communities.
(h) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2009 through 2015.
SEC. 301. TRIBAL POLICE OFFICERS.
(a) Flexibility in Training Law Enforcement Officers Serving Indian Country.--Section 3(e) of the Indian Law Enforcement Reform Act (25 U.S.C. 2802(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``(e)(1) The Secretary'' and inserting the following:
``(e) Standards of Education and Experience and Classification of Positions.--
``(1) STANDARDS OF EDUCATION AND EXPERIENCE.--
``(A) IN GENERAL.--The Secretary''; and
(B) by adding at the end the following:
``(B) TRAINING.--The training standards established under subparagraph (A) shall permit law enforcement personnel of the Division of Law Enforcement Services or an Indian tribe to obtain training at a State or tribal police academy, a local or tribal community college, or another training academy
that meets the National Peace Officer Standards of Training.''; and(2) in paragraph (3), by striking ``Agencies'' and inserting ``agencies''.
(b) Special Law Enforcement Commissions.--Section 5 of the Indian Law Enforcement Reform Act (25 U.S.C. 2804) is amended by striking the section heading and all that follows through subsection (e) and inserting the following:
``SEC. 5. SPECIAL LAW ENFORCEMENT COMMISSIONS.
``(a) Agreements.--
``(1) ENCOURAGED IMPLEMENTATION OF AGREEMENTS.--The Secretary is authorized and encouraged to enter into agreements for the use (with or without reimbursement) of personnel and facilities of Federal, tribal, State, or other government agencies to assist in the enforcement or administration in Indian country of Federal law or the laws of an Indian tribe that authorizes the Secretary to enforce tribal law.
``(2) CERTAIN ACTIVITIES.--Pursuant to an agreement described in paragraph (1), the Secretary shall authorize the law enforcement officers of any applicable government agency to carry out any activity authorized under section 4.
``(3) REQUIREMENT.--An agreement under paragraph (1) shall be in accordance with any applicable agreement between the Secretary and the Attorney General.
``(b) Program Enhancement.--
``(1) TRAINING SESSIONS IN INDIAN COUNTRY.--
``(A) IN GENERAL.--The Secretary (or a designee) and the Attorney General (or a designee) shall develop a plan to enhance the certification and provision of special law enforcement commissions to tribal law enforcement officials, and, subject to subsection (d), State and local law enforcement officials, pursuant to this section.
``(B) INCLUSIONS.--The plan under subparagraph (A) shall include the hosting of regional training sessions in Indian country, not less frequently than biannually, to educate and certify candidates for the special commissions.
``(2) MEMORANDA OF AGREEMENT.--
``(A) IN GENERAL.--Not later than 180 days after the date of enactment of the Tribal Law and Order Act of 2008, the Secretary, in consultation with Indian tribes and tribal law enforcement agencies, shall develop minimum requirements to be included in special law enforcement commission agreements pursuant to this section.
``(B) AGREEMENT.--Not later than 60 days after the date on which the Secretary determines that all applicable requirements under subparagraph (A) are met, the Secretary shall offer to enter into a special law enforcement commission agreement with the applicable Indian tribe.
``(c) Limitation on Use of Certain Personnel.--
``(1) CONSULTATION.--The Secretary shall consult with each affected Indian tribe before entering into any agreement under subsection (a) with a non-Federal agency that will provide personnel for use in any area under the jurisdiction of the Indian tribes.
``(2) PROHIBITION.--The Secretary shall not use the personnel of a non-Federal agency under this section in an area of Indian country if the Indian tribe with jurisdiction over that area has adopted a resolution objecting to the use of personnel of the non-Federal agency.
``(d) Coordination by Federal Agencies.--Notwithstanding section 1535 of title 31, United States Code, the head of a Federal agency with law enforcement personnel or facilities shall coordinate and, as needed, enter into agreements (with or without reimbursement) with the Secretary under subsection (a).
``(e) Encouragement of Other Federal Agency Heads.--Congress encourages the head of each Federal agency with law enforcement personnel or facilities to enter into agreements (with or without reimbursement) with an Indian tribe relating to--
``(1) the law enforcement authority of the Indian tribe;
``(2) the administration of Federal or tribal criminal law; and
``(3) the conduct of investigations, the sharing of information and training techniques, and the provisions of other related technical assistance to prevent and prosecute violations of Federal or tribal criminal law in Indian country.''.
SEC. 302. DRUG ENFORCEMENT IN INDIAN COUNTRY.
(a) Education and Research Programs.--Section 502 of the Controlled Substances Act (21 U.S.C. 872) is amended in subsections (a)(1) and (c), by inserting `` tribal,'' after ``State,'' each place it appears.
(b) Public-Private Education Program.--Section 503 of the Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 872a) is amended--
(1) in subsection (a), by inserting ``tribal,'' after ``State,''; and
(2) in subsection (b)(2), by inserting ``, tribal,'' after ``State''.
(c) Cooperative Arrangements.--Section 503 of the Controlled Substances Act (21 U.S.C. 873) is amended--
(1) in subsection (a)--
(A) by inserting ``tribal,'' after ``State,'' each place it appears; and
(B) in paragraphs (6) and (7), by inserting ``, tribal,'' after ``State'' each place it appears; and
(2) in subsection (d)(1), by inserting ``, tribal,'' after ``State''.
(d) Powers of Enforcement Personnel.--Section 508(a) of the Controlled Substances Act (21 U.S.C. 878(a)) is amended in the matter preceding paragraph (1) by inserting ``, tribal,'' after ``State''.
SEC. 303. ACCESS TO NATIONAL CRIMINAL INFORMATION DATABASES.
(a) Access to National Criminal Information Databases.--Section 534 of title 28, United States Code, is amended--
(1) in subsection (a)(4), by inserting ``Indian tribes,'' after ``the States,'';
(2) by striking subsection (d) and inserting the following:
``(d) Indian Law Enforcement Agencies.--The Attorney General shall permit tribal and Bureau of Indian Affairs law enforcement agencies--
``(1) to directly access and enter information into Federal criminal information databases; and
``(2) to directly obtain information from the databases.''; and
(3) in subsection (f)(2), in the matter preceding subparagraph (A), by inserting ``, tribal,'' after ``Federal''.
(b) Requirement.--
(1) IN GENERAL.--The Attorney General shall ensure that tribal law enforcement officials that meet applicable Federal or State requirements have access to national crime information databases.
(2) SANCTIONS.--For purpose of sanctions for noncompliance with requirements of, or misuse of, national crime information databases and information obtained from those databases, a tribal law enforcement agency or official shall be treated as Federal law enforcement agency or official.
SEC. 304. TRIBAL COURT SENTENCING AUTHORITY.
Section 202 of Public Law 90-284 (25 U.S.C. 1302) is amended--
(1) in the matter preceding paragraph (1), by striking ``No Indian tribe'' and inserting the following:
``(a) In General.--No Indian tribe'';
(2) in paragraph (7) of subsection (a) (as designated by paragraph (1)), by striking ``and a fine'' and inserting ``or a fine''; and
(3) by adding at the end the following:
``(b) Tribal Courts and Prisoners.--
``(1) IN GENERAL.--Notwithstanding paragraph (7) of subsection (a) and in addition to the limitations described in the other paragraphs of that subsection, no Indian tribe, in exercising any power of self-government involving a criminal trial that subjects a defendant to more than 1 year imprisonment for any single offense, may--
``(A) deny any person in such a criminal proceeding the assistance of defense counsel;
``(B) require excessive bail, impose an excessive fine, inflict a cruel or unusual punishment, or impose for conviction of a single offense any penalty or punishment greater than imprisonment for a term of 3 years or a fine of $15,000, or both; or
``(C) deny any person in such a criminal proceeding the due process of law.
``(2) AUTHORITY.--An Indian tribe exercising authority pursuant to this subsection shall require that each judge presiding over an applicable criminal case is licensed to practice law in any jurisdiction in the United States.
``(3) SENTENCES.--A tribal court acting pursuant to paragraph (1) may require a convicted offender--
``(A) to serve the sentence--
``(i) in a tribal correctional center that has been approved by the Bureau of Indian Affairs for long-term incarceration, in accordance with guidelines developed by the Bureau of Indian Affairs, in consultation with Indian tribes;
``(ii) in the nearest appropriate Federal facility, at the expense of the United States pursuant to a memorandum of agreement with Bureau of Prisons in accordance with paragraph (4);
``(iii) in a State or local government-approved detention or correctional center pursuant to an agreement between the Indian tribe and the State or local government; or
``(iv) subject to paragraph (1), in an alternative rehabilitation center of an Indian tribe; or
``(B) to serve another alternative form of punishment, as determined by the tribal court judge pursuant to tribal law.
``(4) MEMORANDA OF AGREEMENT.--A memorandum of agreement between an Indian tribe and the Bureau of Prisons under paragraph (2)(A)(ii)--
``(A) shall acknowledge that the United States will incur all costs involved, including the costs of transfer, housing, medical care, rehabilitation, and reentry of transferred prisoners;
``(B) shall limit the transfer of prisoners to prisoners convicted in tribal court of violent crimes, crimes involving sexual abuse, and serious drug offenses, as determined by the Bureau of Prisons, in consultation with tribal governments, by regulation;
``(C) shall not affect the jurisdiction, power of self-government, or any other authority of an Indian tribe over the territory or members of the Indian tribe;
``(D) shall contain such other requirements as the Bureau of Prisons, in consultation with the Bureau of Indian Affairs and tribal governments, may determine, by regulation; and
``(E) shall be executed and carried out not later than 180 days after the date on which the applicable Indian tribe first contacts the Bureau of Prisons to accept a transfer of a tribal court offender pursuant to this subsection.
``(c) Effect of Section.--Nothing in this section affects the obligation of the United States, or any State government that has been delegated authority by the United States, to investigate and prosecute any criminal violation in Indian country.''.
SEC. 305. INDIAN LAW AND ORDER COMMISSION.
(a) Establishment.--There is established a commission to be known as the Indian Law and Order Commission (referred to in this section as the ``Commission'').
(b) Membership.--
(1) IN GENERAL.--The Commission shall be composed of 9 members, of whom--
(A) 3 shall be appointed by the President, in consultation with--
(i) the Attorney General; and
(ii) the Secretary of the Interior;
(B) 2 shall be appointed by the Majority Leader of the Senate, in consultation with the Chairperson of the Committee on Indian Affairs of the Senate;
(C) 1 shall be appointed by the Minority Leader of the Senate, in consultation with the Vice Chairperson of the Committee on Indian Affairs of the Senate;
(D) 2 shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairperson of the Committee on Natural Resources of the House of Representatives; and
(E) 1 shall be appointed by the Minority Leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Natural Resources of the House of Representatives.
(2) REQUIREMENTS FOR ELIGIBILITY.--Each member of the Commission shall have significant experience and expertise in--
(A) the Indian country criminal justice system; and
(B) matters to be studied by the Commission.
(3) CONSULTATION REQUIRED.--The President, the Speaker and Minority Leader of the House of Representatives, and the Majority Leader and Minority Leader of the Senate shall consult before the appointment of members of the Commission under paragraph (1) to achieve, to the maximum extent practicable, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission.
(4) TERM.--Each member shall be appointed for the life of the Commission.
(5) TIME FOR INITIAL APPOINTMENTS.--The appointment of the members of the Commission shall be made not later than 60 days after the date of enactment of this Act.
(6) VACANCIES.--A vacancy in the Commission shall be filled--
(A) in the same manner in which the original appointment was made; and
(B) not later than 60 days after the date on which the vacancy occurred.
(c) Operation.--
(1) CHAIRPERSON.--Not later than 15 days after the date on which all members of the Commission have been appointed, the Commission shall select 1 member to serve as Chairperson of the Commission.
(2) MEETINGS.--
(A) IN GENERAL.--The Commission shall meet at the call of the Chairperson.
(B) INITIAL MEETING.--The initial meeting shall take place not later than 30 days after the date described in paragraph (1).
(3) QUORUM.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
(4) RULES.--The Commission may establish, by majority vote, any rules for the conduct of Commission business, in accordance with this Act and other applicable law.
(d) Comprehensive Study of Criminal Justice System Relating to Indian Country.--The Commission shall conduct a comprehensive study of law enforcement and criminal justice in tribal communities, including--
(1) jurisdiction over crimes committed in Indian country and the impact of that jurisdiction on--
(A) the investigation and prosecution of Indian country crimes; and
(B) residents of Indian land;
(2) the tribal jail and Federal prisons systems and the effect of those systems with respect to--
(A) reducing Indian country crime; and
(B) rehabilitation of offenders;
(3) the impact of the Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.) on--
(A) the authority of Indian tribes; and
(B) the rights of defendants subject to tribal government authority; and
(4) a study of such other subjects as the Commission determines relevant to achieve the purposes of the Tribal Law and Order Act of 2008.
(e) Recommendations.--Taking into consideration the results of the study under paragraph (1), the Commission shall develop recommendations on necessary modifications and improvements to justice systems at the tribal, Federal, and State levels, including consideration of--
(1) simplifying jurisdiction in Indian country;
(2) enhancing the penal authority of tribal courts and exploring alternatives to incarceration;
(3) the establishment of satellite United States magistrate or district courts in Indian country;
(4) changes to the tribal jails and Federal prison systems; and
(5) other issues that, as determined by the Commission, would reduce violent crime in Indian country.
(f) Report.--Not later than 2 years after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that contains--
(1) a detailed statement of the findings and conclusions of the Commission; and
(2) the recommendations of the Commission for such legislative and administrative actions as the Commission considers to be appropriate.
(g) Powers.--
(1) HEARINGS.--
(A) IN GENERAL.--The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers to be advisable to carry out the duties of the Commission under this section.
(B) PUBLIC REQUIREMENT.--The hearings of the Commission under this paragraph shall be open to the public.
(2) WITNESS EXPENSES.--
(A) IN GENERAL.--A witness requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code.
(B) PER DIEM AND MILEAGE.--The per diem and mileage allowance for a witness shall be paid from funds made available to the Commission.
(3) INFORMATION FROM FEDERAL, TRIBAL, AND STATE AGENCIES.--
(A) IN GENERAL.--The Commission may secure directly from a Federal agency such information as the Commission considers to be necessary to carry out this section.
(B) TRIBAL AND STATE AGENCIES.--The Commission may request the head of any tribal or State agency to provide to the Commission such information as the Commission considers to be necessary to carry out this section.
(4) POSTAL SERVICES.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.
(5) GIFTS.--The Commission may accept, use, and dispose of gifts or donations of services or property.
(h) Commission Personnel Matters.--
(1) TRAVEL EXPENSES.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.
(2) DETAIL OF FEDERAL EMPLOYEES.--On the affirmative vote of 2/3 of the members of the Commission and the approval of the appropriate Federal agency head, an employee of the Federal Government may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges.
(3) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.--On request of the Commission, the Attorney General and Secretary shall provide to the Commission reasonable and appropriate office space, supplies, and administrative assistance.
(i) Contracts for Research.--
(1) RESEARCHERS AND EXPERTS.--
(A) IN GENERAL.--On an affirmative vote of 2/3 of the members of the Commission, the Commission may select nongovernmental researchers and experts to assist the Commission in carrying out the duties of the Commission under this section.
(B) NATIONAL INSTITUTE OF JUSTICE.--The National Institute of Justice may enter into a contract with the researchers and experts selected by the Commission under subparagraph (A) to provide funding in exchange for the services of the researchers and experts.
(2) OTHER ORGANIZATIONS.--Nothing in this subsection limits the ability of the Commission to enter into contracts with any other entity or organization to carry out research necessary to carry out the duties of the Commission under this section.
(j) Tribal Advisory Committee.--
(1) ESTABLISHMENT.--The Commission shall establish a committee, to be known as the ``Tribal Advisory Committee''.
(2) MEMBERSHIP.--
(A) COMPOSITION.--The Tribal Advisory Committee shall consist of 2 representatives of Indian tribes from each region of the Bureau of Indian Affairs.
(B) QUALIFICATIONS.--Each member of the Tribal Advisory Committee shall have experience relating to--
(i) justice systems;
(ii) crime prevention; or
(iii) victim services.
(3) DUTIES.--The Tribal Advisory Committee shall--
(A) serve as an advisory body to the Commission; and
(B) provide to the Commission advice and recommendations, submit materials, documents, testimony, and such other information as the Commission determines to be necessary to carry out the duties of the Commission under this section.
(k) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended.
(l) Termination of Commission.--The Commission shall terminate 90 days after the date on which the Commission submits the report of the Commission under subsection (c)(3).
(m) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
SEC. 401. INDIAN ALCOHOL AND SUBSTANCE ABUSE.(a) Correction of References.--
(1) INTER-DEPARTMENTAL MEMORANDUM OF AGREEMENT.--Section 4205 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2411) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``the date of enactment of this subtitle'' and inserting ``the date of enactment of the Tribal Law and Order Act of 2008''; and
(II) by inserting ``, the Attorney General,'' after ``Secretary of the Interior'';
(ii) in paragraph (2)(A), by inserting ``, Bureau of Justice Assistance, Substance Abuse and Mental Health Services Administration,'' after ``Bureau of Indian Affairs,'';
(iii) in paragraph (4), by inserting ``, Department of Justice, Substance Abuse and Mental Health Services Administration,'' after ``Bureau of Indian Affairs'';
(iv) in paragraph (5), by inserting ``, Department of Justice, Substance Abuse and Mental Health Services Administration,'' after ``Bureau of Indian Affairs'';
(v) in paragraph (7), by inserting ``, the Attorney General,'' after ``Secretary of the Interior'';
(B) in subsection (c), by inserting ``, the Attorney General,'' after ``Secretary of the Interior''; and
(C) in subsection (d), by striking ``the date of enactment of this subtitle'' and inserting ``the date of enactment of the Tribal Law and Order Act of 2008''.
(2) TRIBAL ACTION PLANS.--Section 4206 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2412) is amended--
(A) in subsection (b), in the first sentence, by inserting ``, the Bureau of Justice Assistance, the Substance Abuse and Mental Health Services Administration,'' before ``and the Indian Health Service service unit'';
(B) in subsection (c)(1)(A)(i), by inserting ``, the Bureau of Justice Assistance, the Substance Abuse and Mental Health Services Administration,'' before ``and the Indian Health Service service unit'';
(C) in subsection (d)(2), by striking ``fiscal year 1993 and such sums as are necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting ``the period of fiscal years 2009 through 2013'';
(D) in subsection (e), in the first sentence, by inserting ``, the Attorney General,'' after ``the Secretary of the Interior''; and
(E) in subsection (f)(3), by striking ``fiscal year 1993 and such sums as are necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting ``the period of fiscal years 2009 through 2013''.
(3) DEPARTMENTAL RESPONSIBILITY.--Section 4207 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2413) is amended--
(A) in subsection (a), by inserting ``, the Attorney General'' after ``Bureau of Indian Affairs'';
(B) in subsection (b)--
(i) by striking paragraph (1) and inserting the following:
``(1) ESTABLISHMENT.--
``(A) IN GENERAL.--To improve coordination among the Federal agencies and departments carrying out this subtitle, there is established within the Substance Abuse and Mental Health Services Administration an office, to be known as the `Office of Indian Alcohol and Substance Abuse' (referred to in this section as the `Office').
``(B) DIRECTOR.--The director of the Office shall be appointed by the Director of the Substance Abuse and Mental Health Services Administration--
``(i) on a permanent basis; and
``(ii) at a grade of not less than GS-15 of the General Schedule.'';
(ii) in paragraph (2)--
(I) by striking ``(2) In addition'' and inserting the following:
``(2) RESPONSIBILITIES OF OFFICE.--In addition'';
(II) by striking subparagraph (A) and inserting the following:
``(A) coordinating with other agencies to monitor the performance and compliance of the relevant Federal programs in achieving the goals and purposes of this subtitle and the Memorandum of Agreement entered into under section 4205;'';
(III) in subparagraph (B)--
(aa) by striking ``within the Bureau of Indian Affairs''; and
(bb) by striking the period at the end and inserting ``; and''; and
(IV) by adding at the end the following:
``(C) not later than 1 year after the date of enactment of the Tribal Law and Order Act of 2008, developing, in coordination and consultation with tribal governments, a framework for interagency and tribal coordination that--
``(i) establish the goals and other desired outcomes of this Act;
``(ii) prioritizes outcomes that are aligned with the purposes of affected agencies;
``(iii) provides guidelines for resource and information sharing;
``(iv) provides technical assistance to the affected agencies to establish effective and permanent interagency communication and coordination; and
``(v) determines whether collaboration is feasible, cost-effective, and within agency capability.''; and
(iii) by striking paragraph (3) and inserting the following:
``(3) APPOINTMENT OF EMPLOYEES.--The Director of the Substance Abuse and Mental Health Services Administration shall appoint such employees to work in the Office, and shall provide such funding, services, and equipment, as may be necessary to enable the Office to carry out the responsibilities under this subsection.''; and
(C) in subsection (c)--
(i) by striking ``of Alcohol and Substance Abuse'' each place it appears;
(ii) in paragraph (1), in the second sentence, by striking ``The Assistant Secretary of the Interior for Indian Affairs'' and inserting ``The Director of the Substance Abuse and Mental Health Services Administration''; and
(iii) in paragraph (3)--
(I) in the matter preceding subparagraph (A), by striking ``Youth'' and inserting ``youth''; and
(II) by striking ``programs of the Bureau of Indian Affairs'' and inserting ``the applicable Federal programs''.
(4) REVIEW OF PROGRAMS.--Section 4208a(a) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2414a(a)) is amended in the matter preceding paragraph (1) by inserting ``, the Attorney General,'' after ``the Secretary of the Interior''.
(5) FEDERAL FACILITIES, PROPERTY, AND EQUIPMENT.--Section 4209 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2415) is amended--
(A) in subsection (a), by inserting ``, the Attorney General,'' after ``the Secretary of the Interior'';
(B) in subsection (b)--
(i) in the first sentence, by inserting ``, the Attorney General,'' after ``the Secretary of the Interior'';
(ii) in the second sentence, by inserting ``, nor the Attorney General,'' after ``the Secretary of the Interior''; and
(iii) in the third sentence, by inserting ``, the Department of Justice,'' after ``the Department of the Interior''; and
(C) in subsection (c)(1), by inserting ``, the Attorney General,'' after ``the Secretary of the Interior''.
(6) NEWSLETTER.--Section 4210 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2416) is amended--
(A) in subsection (a), in the first sentence, by inserting ``, the Attorney General,'' after ``the Secretary of the Interior''; and
(B) in subsection (b), by striking ``fiscal year 1993 and such sums as may be necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000'' and inserting ``the period of fiscal years 2009 through 2013''.
(7) REVIEW.--Section 4211(a) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2431(a)) is amended in the matter preceding paragraph (1) by inserting ``, the Attorney General,'' after ``the Secretary of the Interior''.
(b) Indian Education Programs.--Section 4212 of the Indian Alcohol and Substance Abuse Prevention Act of 1986 (25 U.S.C. 2432) is amended by striking subsection (a) and inserting the following:
``(a) Pilot Programs.--
``(1) IN GENERAL.--The Assistant Secretary for Indian Affairs shall develop and implement pilot programs in selected schools funded by the Bureau of Indian Affairs (subject to the approval of the local school board or contract school board) to determine the effectiveness of summer youth programs in advancing the purposes and goals of this Act.
``(2) COSTS.--The Assistant Secretary shall defray all costs associated with the actual operation and support of the pilot program in a school from funds appropriated to carry out this subsection.
``(3) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out the pilot programs under this subsection such sums as are necessary for each of fiscal years 2009 through 2013.''.
(c) Emergency Shelters.--Section 4213(e) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2433(e)) is amended--
(1) in paragraph (1), by striking ``as may be necessary'' and all that follows through the end of the paragraph and inserting ``as are necessary for each of fiscal years 2009 through 2013.'';
(2) in paragraph (2), by striking ``$7,000,000'' and all that follows through the end of the paragraph and inserting ``$10,000,000 for each of fiscal years 2009 through 2013.''; and
(3) by indenting paragraphs (4) and (5) appropriately.
(d) Review of Programs.--Section 4215(a) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2441(a)) is amended by inserting ``, the Attorney General,'' after ``the Secretary of the Interior''.
(e) Illegal Narcotics Trafficking; Source Eradication.--Section 4216 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2442) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking the comma at the end and inserting a semicolon;
(ii) in subparagraph (B), by striking ``, and'' at the end and inserting a semicolon;
(iii) in subparagraph (C), by striking the period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) the Blackfeet Nation of Montana for the investigation and control of illegal narcotics traffic on the Blackfeet Indian Reservation along the border with Canada.'';
(B) in paragraph (2), by striking ``United States Custom Service'' and inserting ``United States Customs and Border Protection''; and
(C) by striking paragraph (3) and inserting the following:
``(3) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2009 through 2013.''; and
(2) in subsection (b)(2), by striking ``as may be necessary'' and all that follows through the end of the paragraph and inserting ``as are necessary for each of fiscal years 2009 through 2013.''.
(f) Law Enforcement and Judicial Training.--Section 4218 of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2451) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Training Programs.--
``(1) IN GENERAL.--The Secretary of the Interior, in coordination with the Attorney General, the Administrator of the Drug Enforcement Administration, and the Director of the Federal Bureau of Investigation, shall ensure, through the establishment of a new training program or by supplementing existing training programs, that all Bureau of Indian Affairs and tribal law enforcement and judicial personnel have access to training regarding--
``(A) the investigation and prosecution of offenses relating to illegal narcotics; and
``(B) alcohol and substance abuse prevention and treatment.
``(2) YOUTH-RELATED TRAINING.--Any training provided to Bureau of Indian Affairs or tribal law enforcement or judicial personnel under paragraph (1) shall include training in issues relating to youth alcohol and substance abuse prevention and treatment.''; and
(2) in subsection (b), by striking ``as may be necessary'' and all that follows through the end of the subsection and inserting ``as are necessary for each of fiscal years 2009 through 2013.''.
(g) Juvenile Detention Centers.--Section 4220(b) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2453(b)) is amended--
(1) by striking ``such sums as may be necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000'' each place it appears and inserting ``such sums as are necessary for each of fiscal years 2009 through 2013''; and
(2) by indenting paragraph (2) appropriately.
SEC. 402. INDIAN TRIBAL JUSTICE; TECHNICAL AND LEGAL ASSISTANCE.
(a) Indian Tribal Justice.--Section 201 of the Indian Tribal Justice Act (25 U.S.C. 3621) is amended--
(1) in subsection (a)--
(A) by striking ``the provisions of sections 101 and 102 of this Act'' and inserting ``sections 101 and 102''; and
(B) by striking ``the fiscal years 2000 through 2007'' and inserting ``fiscal years 2009 through 2013'';
(2) in subsection (b)--
(A) by striking ``the provisions of section 103 of this Act'' and inserting ``section 103''; and
(B) by striking ``the fiscal years 2000 through 2007'' and inserting ``fiscal years 2009 through 2013'';
(3) in subsection (c), by striking ``the fiscal years 2000 through 2007'' and inserting ``fiscal years 2009 through 2013''; and
(4) in subsection (d), by striking ``the fiscal years 2000 through 2007'' and inserting ``fiscal years 2009 through 2013''.
(b) Technical and Legal Assistance.--The Indian Tribal Justice Technical and Legal Assistance Act of 2000 is amended--
(1) in section 106 (25 U.S.C. 3666), by striking ``2000 through 2004'' and inserting ``2009 through 2013''; and
(2) in section 201(d) (25 U.S.C. 3681(d)), by striking ``2000 through 2004'' and inserting ``2009 through 2013''.
SEC. 403. TRIBAL RESOURCES GRANT PROGRAM.
Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) in subsection (b)--
(A) in each of paragraphs (1) through (4) and (6) through (17), by inserting ``to'' after the paragraph designation;
(B) in paragraph (1), by striking ``State and'' and inserting ``State, tribal, or'';
(C) in paragraphs (9) and (10), by inserting ``, tribal,'' after ``State'' each place it appears;
(D) in paragraph (15)--
(i) by striking ``a State in'' and inserting ``a State or Indian tribe in'';
(ii) by striking ``the State which'' and inserting ``the State or tribal community that''; and
(iii) by striking ``a State or'' and inserting ``a State, tribal, or'';
(E) in paragraph (16), by striking ``and'' at the end
(F) in paragraph (17), by striking the period at the end and inserting ``; and'';
(G) by redesignating paragraphs (6) through (17) as paragraphs (5) through (16), respectively; and
(H) by adding at the end the following:
``(17) to permit tribal governments receiving direct law enforcement services from the Bureau of Indian Affairs to access the program under this section on behalf of the Bureau for use in accordance with paragraphs (1) through (16).''.
(2) in subsection (g)--
(A) by striking ``The portion'' and inserting the following:
``(1) IN GENERAL.--The portion'';
(B) in the second sentence, by striking ``In relation'' and inserting the following:
``(2) CERTAIN GRANTS.--In relation''; and
(C) by adding at the end the following:
``(3) WAIVER.--In acknowledgment of the Federal nexus and distinct Federal responsibility to address and prevent crime in Indian country, for purposes of providing grants to Indian tribes under this subsection, the Attorney General shall waive the matching funds requirement of this subsection if the Attorney General determines that there is a demonstrated financial hardship.
``(4) USE OF CERTAIN FUNDS.--In addition to providing a waiver under paragraph (3), the Attorney General shall allow the use of funds appropriated for any agency of an Indian tribal government or the Bureau of Indian Affairs to carry out law enforcement activities on Indian land to provide the non-Federal share of the cost of a program or project under this section.'';
(3) in subsection (i), by striking ``The authority'' and inserting ``Except as provided in subsection (j), the authority''; and
(4) by adding at the end the following:
``(j) Extension of Program for Indian Tribes.--
``(1) IN GENERAL.--Notwithstanding subsection (i) and section 1703, and in acknowledgment of the Federal nexus and distinct Federal responsibility to address and prevent crime in Indian country, the Attorney General may provide grants under this section to Indian tribal governments, for fiscal year 2009 and any fiscal year thereafter, for such period as the Attorney General determines to be appropriate to assist the Indian tribal governments in carrying out the purposes described in subsection (b).
``(2) PRIORITY OF FUNDING.--In providing grants to Indian tribal governments under this subsection, the Attorney General shall take into consideration reservation crime rates and tribal law enforcement staffing needs of each Indian tribal government.
``(3) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated such sums as are necessary to carry out this subsection for each of fiscal years 2009 through 2013.
``(k) Report.--Not later than 180 days after the date of enactment of this subsection, the Attorney General shall submit to Congress a report describing the extent and effectiveness of the Community Oriented Policing (COPS) initiative as applied in Indian country, including particular references to--
``(1) the problem of intermittent funding;
``(2) the integration of COPS personnel with existing law enforcement authorities; and
``(3) an explanation of how the practice of community policing and the broken windows theory can most effectively be applied in remote tribal locations.''.
SEC. 404. TRIBAL JAILS PROGRAM.
(a) In General.--Section 20109 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by striking subsection (a) and inserting the following:
``(a) Reservation of Funds.--Notwithstanding any other provision of this part, of amounts made available to the Attorney General to carry out programs relating to offender incarceration, the Attorney General shall reserve $35,000,000 for each of fiscal years 2009 through 2013 to carry out this section.''.
(b) Regional Detention Centers.--
(1) IN GENERAL.--Section 20109 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by striking subsection (b) and inserting the following:
``(b) Grants to Indian Tribes.--
``(1) IN GENERAL.--From the amounts reserved under subsection (a), the Attorney General shall provide grants--
``(A) to Indian tribes for purposes of--
``(i) construction and maintenance of jails on Indian land for the incarceration of offenders subject to tribal jurisdiction;
``(ii) entering into contracts with private entities to increase the efficiency of the construction of tribal jails; and
``(iii) developing and implementing alternatives to incarceration in tribal jails; and
``(B) to consortia of Indian tribes for purposes of constructing and operating regional detention centers on Indian land for long-term incarceration of offenders subject to tribal jurisdiction, as the applicable consortium determines to be appropriate.
``(2) PRIORITY OF FUNDING.--in providing grants under this subsection, the Attorney General shall take into consideration applicable--
``(A) reservation crime rates;
``(B) annual tribal court convictions; and
``(C) bed space needs.''.
(2) CONFORMING AMENDMENT.--Section 20109(c) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709(c)) is amended by inserting ``or consortium of Indian tribes, as applicable,'' after ``Indian tribe''.
(3) LONG-TERM PLAN.--Section 20109 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709) is amended by adding at the end the following:
``(d) Long-Term Plan.--Not later than 1 year after the date of enactment of this subsection, the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with tribal leaders, tribal law enforcement officers, and tribal corrections officials, shall submit to Congress a long-term plan to address incarceration in Indian country, including a description of--``(1) proposed activities for construction of detention facilities (including regional facilities) on Indian land;
``(2) proposed activities for construction of additional Federal detention facilities on Indian land;
``(3) proposed activities for contracting with State and local detention centers, with tribal government approval;
``(4) proposed alternatives to incarceration, developed in cooperation with tribal court systems; and
``(5) such other alternatives as the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with Indian tribes, determines to be necessary.''.
SEC. 405. TRIBAL PROBATION OFFICE LIAISON PROGRAM.
Title II of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (25 U.S.C. 3681 et seq.) is amended by adding at the end the following:
``SEC. 203. ASSISTANT PAROLE AND PROBATION OFFICERS.
``To the maximum extent practicable, the Director of the Administrative Office of the United States Courts shall appoint individuals residing in Indian country to serve as assistant parole or probation officers for purposes of monitoring and providing service to Federal prisoners residing in Indian country.''.
SEC. 406. TRIBAL YOUTH PROGRAM.
(a) Incentive Grants for Local Delinquency Prevention Programs.--
(1) IN GENERAL.--Section 504 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5783) is amended--
(A) in subsection (a), by inserting ``, or to Indian tribes under subsection (d)'' after ``subsection (b)''; and
(B) by adding at the end the following:
``(d) Grants for Tribal Delinquency Prevention Programs.--
``(1) IN GENERAL.--The Administrator shall make grants under this section, on a competitive basis, to eligible Indian tribes or consortia of Indian tribes, as described in paragraph (2)--
``(A) to support and enhance tribal juvenile justice systems; and
``(B) to encourage accountability of Indian tribal governments with respect to juvenile delinquency responses and prevention.
``(2) ELIGIBLE INDIAN TRIBES.--To be eligible to receive a grant under this subsection, an Indian tribe or consortium of Indian tribes shall submit to the Administrator an application in such form and containing such information as the Administrator may require.
``(3) PRIORITY OF FUNDING.--In providing grants under this subsection, the Administrator shall take into consideration, with respect to the reservation communities to be served--
``(A) juvenile crime rates;
``(B) dropout rates; and
``(C) percentages of at-risk youth.''.
(2) AUTHORIZATION OF APPROPRIATIONS.--Section 505 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5784) is amended by striking ``fiscal years 2004, 2005, 2006, 2007, and 2008'' and inserting ``each of fiscal years 2009 through 2013''.
(b) Coordinating Council on Juvenile Justice and Delinquency Prevention.--Section 206(a)(2) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5616(a)(2)) is amended--
(1) in subparagraph (A), by striking ``Nine'' and inserting ``Ten''; and
(2) in subparagraph (B), by adding at the end the following:
``(iv) One member shall be appointed by the Chairman of the Committee on Indian Affairs of the Senate, in consultation with the Vice Chairman of that Committee.''.
SEC. 501. TRACKING OF CRIMES COMMITTED IN INDIAN COUNTRY.
(a) Gang Violence.--Section 1107 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (28 U.S.C. 534 note; Public Law 109-162) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (8) through (12) as paragraphs (9) through (13), respectively;
(B) by inserting after paragraph (7) the following:
``(8) the Office of Justice Services of the Bureau of Indian Affairs;'';
(C) in paragraph (9) (as redesignated by subparagraph (A)), by striking ``State'' and inserting ``tribal, State,''; and
(D) in paragraphs (10) through (12) (as redesignated by subparagraph (A)), by inserting ``tribal,'' before ``State,'' each place it appears; and
(2) in subsection (b), by inserting ``tribal,'' before ``State,'' each place it appears.
(b) Bureau of Justice Statistics.--Section 302 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``, Indian tribes,'' after ``contracts with'';
(B) in each of paragraphs (3) through (6), by inserting ``tribal,'' after ``State,'' each place it appears;
(C) in paragraph (7), by inserting ``and in Indian country'' after ``States'';
(D) in paragraph (9), by striking ``Federal and State Governments'' and inserting ``Federal Government and State and tribal governments'';
(E) in each of paragraphs (10) and (11), by inserting ``, tribal,'' after ``State'' each place it appears;
(F) in paragraph (13), by inserting ``, Indian tribes,'' after ``States'';
(G) in paragraph (17)--
(i) by striking ``State and local'' and inserting ``State, tribal, and local''; and
(ii) by striking ``State, and local'' and inserting ``State, tribal, and local'';
(H) in paragraph (18), by striking ``State and local'' and inserting ``State, tribal, and local'';
(I) in paragraph (19), by inserting ``and tribal'' after ``State'' each place it appears;
(J) in paragraph (20), by inserting ``, tribal,'' after ``State''; and
(K) in paragraph (22), by inserting ``, tribal,'' after ``Federal'';
(2) in subsection (d)--
(A) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and indenting the subparagraphs appropriately;
(B) by striking ``To insure'' and inserting the following:
``(1) IN GENERAL.--To ensure''; and
(C) by adding at the end the following:
``(2) CONSULTATION WITH INDIAN TRIBES.--The Director, acting jointly with the Assistant Secretary for Indian Affairs (acting through the Director of the Office of Law Enforcement Services) and the Director of the Federal Bureau of Investigation, shall work with Indian tribes and tribal law enforcement agencies to establish and implement such tribal data collection systems as the Director determines to be necessary to achieve the purposes of this section.'';
(3) in subsection (e), by striking ``subsection (d)(3)'' and inserting ``subsection (d)(1)(C)'';
(4) in subsection (f)--
(A) in the subsection heading, by inserting ``, Tribal,'' after ``State''; and
(B) by inserting ``, tribal,'' after ``State''; and
(5) by adding at the end the following:
``(g) Report to Congress on Crimes in Indian Country.--Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Director shall submit to Congress a report describing the data collected and analyzed under this section relating to crimes in Indian country.''.
SEC. 502. GRANTS TO IMPROVE TRIBAL DATA COLLECTION SYSTEMS.
Section 3 of the Indian Law Enforcement Reform Act (25 U.S.C. 2802) is amended by adding at the end the following:
``(f) Grants to Improve Tribal Data Collection Systems.--
``(1) GRANT PROGRAM.--The Secretary, acting through the Director of the Office of Justice Services of the Bureau and in coordination with the Attorney General, shall establish a program under which the Secretary shall provide grants to Indian tribes for activities to ensure uniformity in the collection and analysis of data relating to crime in Indian country.
``(2) REGULATIONS.--The Secretary, acting through the Director of the Office of Justice Services of the Bureau, in consultation with tribal governments and tribal justice officials, shall promulgate such regulations as are necessary to carry out the grant program under this subsection.''.
SEC. 503. CRIMINAL HISTORY RECORD IMPROVEMENT PROGRAM.
Section 1301(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796h(a)) is amended by inserting ``, tribal,'' after ``State''.
SEC. 601. PRISONER RELEASE AND REENTRY.
Section 4042 of title 18, United States Code, is amended--
(1) in subsection (a)(4), by inserting ``, tribal,'' after ``State'';
(2) in subsection (b)(1), in the first sentence, by striking ``officer of the State and of the local jurisdiction'' and inserting ``officers of each State, tribal, and local jurisdiction''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``officer of the State and of the local jurisdiction'' and inserting ``officers of each State, tribal, and local jurisdiction''; and
(ii) in subparagraph (B), by inserting ``, tribal,'' after ``State'' each place it appears; and
(B) in paragraph (2)--
(i) by striking ``(2) Notice'' and inserting the following:
``(2) REQUIREMENTS.--
``(A) IN GENERAL.--A notice'';
(ii) in the second sentence, by striking ``For a person who is released'' and inserting the following:
``(B) RELEASED PERSONS.--For a person who is released'';
(iii) in the third sentence, by striking ``For a person who is sentenced'' and inserting the following:
``(C) PERSONS ON PROBATION.--For a person who is sentenced'';
(iv) in the fourth sentence, by striking ``Notice concerning'' and inserting the following:
``(D) RELEASED PERSONS REQUIRED TO REGISTER.--
``(i) IN GENERAL.--A notice concerning''; and
(v) in subparagraph (D) (as designated by clause (iv)), by adding at the end the following:
``(ii) PERSONS RESIDING IN INDIAN COUNTRY.--For a person described in paragraph (3) the expected place of residence of whom is potentially located in Indian country, the Director of the Bureau of Prisons or the Director of the Administrative Office of the United States Courts, as appropriate, shall--
``(I) make all reasonable and necessary efforts to determine whether the residence of the person is located in Indian country; and
``(II) ensure that the person is registered with the law enforcement office of each appropriate jurisdiction before release from Federal custody.''.
SEC. 602. DOMESTIC AND SEXUAL VIOLENT OFFENSE TRAINING.
Section 3(c)(9) of the Indian Law Enforcement Reform Act (25 U.S.C. 2802(c)(9)) (as amended by section 101(a)(2)) is amended by inserting before the semicolon at the end the following: ``, including training to properly interview victims of domestic and sexual violence and to collect, preserve, and present evidence to Federal and tribal prosecutors to increase the conviction rate for domestic and sexual violence offenses for purposes of addressing and preventing domestic and sexual violent offenses''.
SEC. 603. TESTIMONY BY FEDERAL EMPLOYEES IN CASES OF RAPE AND SEXUAL ASSAULT.
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) is amended by adding at the end the following:
``SEC. 11. TESTIMONY BY FEDERAL EMPLOYEES IN CASES OF RAPE AND SEXUAL ASSAULT.
``(a) Approval of Employee Testimony.--The Director of the Office of Justice Services or the Director of the Indian Health Service, as appropriate (referred to in this section as the `Director concerned'), shall approve or disapprove, in writing, any request or subpoena for a law enforcement officer, sexual assault nurse examiner, or other employee under the supervision of the Director concerned to provide testimony in a deposition, trial, or other similar proceeding regarding information obtained in carrying out the official duties of the employee.
``(b) Requirement.--The Director concerned shall approve a request or subpoena under subsection (a) if the request or subpoena does not violate the policy of the Department of the Interior to maintain strict impartiality with respect to private causes of action.
``(c) Treatment.--If the Director concerned fails to approve or disapprove a request or subpoena by the date that is 30 days after the date of receipt of the request or subpoena, the request or subpoena shall be considered to be approved for purposes of this section.''.
SEC. 604. COORDINATION OF FEDERAL AGENCIES.
The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) (as amended by section 603) is amended by adding at the end the following:
``SEC. 12. COORDINATION OF FEDERAL AGENCIES.
``(a) In General.--The Secretary, in coordination with the Attorney General, Federal and tribal law enforcement agencies, the Indian Health Service, and domestic violence or sexual assault victim organizations, shall develop appropriate victim services and victim advocate training programs--
``(1) to improve domestic violence or sexual abuse responses;
``(2) to improve forensic examinations and collection;
``(3) to identify problems or obstacles in the prosecution of domestic violence or sexual abuse; and
``(4) to meet other needs or carry out other activities required to prevent, treat, and improve prosecutions of domestic violence and sexual abuse.
``(b) Report.--Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes, with respect to the matters described in subsection (a), the improvements made and needed, problems or obstacles identified, and costs necessary to address the problems or obstacles, and any other recommendations that the Secretary determines to be appropriate.''.
SEC. 605. SEXUAL ASSAULT PROTOCOL.
Title VIII of the Indian Health Care Improvement Act is amended by inserting after section 802 (25 U.S.C. 1672) the following:
``SEC. 803. POLICIES AND PROTOCOL.
``The Director of Service, in coordination with the Director of the Office on Violence Against Women of the Department of Justice, in consultation with Indian Tribes and Tribal Organizations, and in conference with Urban Indian Organizations, shall develop standardized sexual assault policies and protocol for the facilities of the Service, based on similar protocol that has been established by the Department of Justice.''.