[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1268 Referred in Senate (RFS)]

103d CONGRESS
  1st Session
                                H. R. 1268


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 3 (legislative day, June 30), 1993

  Received; read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 AN ACT


 
  To assist the development of tribal judicial systems, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Tribal Justice Act''.

SEC. 2. FINDINGS.

    The Congress finds and declares that--
            (1) there is a government-to-government relationship 
        between the United States and each Indian tribe;
            (2) the United States has a trust responsibility to each 
        tribal government that includes the protection of the 
        sovereignty of each tribal government;
            (3) Congress, through statutes, treaties, and the exercise 
        of administrative authorities, has recognized the self-
        determination, self-reliance, and inherent sovereignty of 
        Indian tribes;
            (4) Indian tribes possess the inherent authority to 
        establish their own form of government, including tribal 
        justice systems;
            (5) tribal justice systems are an essential part of tribal 
        governments and serve as important forums for ensuring public 
        health and safety and the political integrity of tribal 
        governments;
            (6) Congress and the Federal courts have repeatedly 
        recognized tribal justice systems as the appropriate forums for 
        the adjudication of disputes affecting personal and property 
        rights;
            (7) traditional tribal justice practices are essential to 
        the maintenance of the culture and identity of Indian tribes 
        and to the goals of this Act;
            (8) tribal justice systems are inadequately funded, and the 
        lack of adequate funding impairs their operation; and
            (9) tribal government involvement in and commitment to 
        improving tribal justice systems is essential to the 
        accomplishment of the goals of this Act.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Bureau'' means the Bureau of Indian Affairs 
        of the Department of the Interior.
            (2) The term ``Courts of Indian Offenses'' means the courts 
        established pursuant to part 11 of title 25, Code of Federal 
        Regulations.
            (3) The term ``Indian tribe'' means any Indian tribe, band, 
        nation, pueblo, or other organized group or community, 
        including any Alaska Native entity, which administers justice 
        under its inherent authority or the authority of the United 
        States and which is recognized as eligible for the special 
        programs and services provided by the United States to Indian 
        tribes because of their status as Indians.
            (4) The term ``judicial personnel'' means any judge, 
        magistrate, court counselor, court clerk, court administrator, 
        bailiff, probation officer, officer of the court, dispute 
        resolution facilitator, or other official, employee, or 
        volunteer within the tribal justice system.
            (5) The term ``Office'' means the Office of Tribal Justice 
        Support within the Bureau of Indian Affairs.
            (6) The term ``Secretary'' means the Secretary of the 
        Interior.
            (7) The term ``tribal organization'' means any organization 
        defined in section 4(l) of the Indian Self-Determination and 
        Education Assistance Act.
            (8) The term ``tribal justice system'' means the entire 
        judicial branch, and employees thereof, of an Indian tribe, 
        including (but not limited to) traditional methods and forums 
        for dispute resolution, lower courts, appellate courts 
        (including intertribal appellate courts), alternative dispute 
        resolution systems, and circuit rider systems, established by 
        inherent tribal authority whether or not they constitute a 
        court of record.

                    TITLE I--TRIBAL JUSTICE SYSTEMS

SEC. 101. OFFICE OF TRIBAL JUSTICE SUPPORT.

    (a) Establishment.--There is hereby established within the Bureau 
the Office of Tribal Justice Support. The purpose of the Office shall 
be to further the development, operation, and enhancement of tribal 
justice systems and Courts of Indian Offenses.
    (b) Transfer of Existing Functions and Personnel.--All functions 
performed before the date of the enactment of this Act by the Branch of 
Judicial Services of the Bureau and all personnel assigned to such 
Branch as of the date of the enactment of this Act are hereby 
transferred to the Office of Tribal Justice Support. Any reference in 
any law, regulation, executive order, reorganization plan, or 
delegation of authority to the Branch of Judicial Services is deemed to 
be a reference to the Office of Tribal Justice Support.
    (c) Functions.--In addition to the functions transferred to the 
Office pursuant to subsection (b), the Office shall perform the 
following functions:
            (1) Provide funds to Indian tribes and tribal organizations 
        for the development, enhancement, and continuing operation of 
        tribal justice systems.
            (2) Provide technical assistance and training, including 
        programs of continuing education and training for personnel of 
        Courts of Indian Offenses.
            (3) Study and conduct research concerning the operation of 
        tribal justice systems.
            (4) Promote cooperation and coordination among tribal 
        justice systems and the Federal and State judiciary systems.
            (5) Oversee the continuing operations of the Courts of 
        Indian Offenses.
            (6) Provide funds to Indian tribes and tribal organizations 
        for the continuation and enhancement of traditional tribal 
        judicial practices.
    (d) No Imposition of Standards.--Nothing in this Act shall be 
deemed or construed to authorize the Office to impose justice standards 
on Indian tribes.
    (e) Assistance to Tribes.--(1) The Office shall provide technical 
assistance and training to any Indian tribe or tribal organization upon 
request. Technical assistance and training shall include (but not be 
limited to) assistance for the development of--
            (A) tribal codes and rules of procedure;
            (B) tribal court administrative procedures and court 
        records management systems;
            (C) methods of reducing case delays;
            (D) methods of alternative dispute resolution;
            (E) tribal standards for judicial administration and 
        conduct; and
            (F) long-range plans for the enhancement of tribal justice 
        systems.
    (2) Technical assistance and training provided pursuant to 
paragraph (1) may be provided through direct services, by contract with 
independent entities, or through grants to Indian tribes or tribal 
organizations.
    (f) Information Clearinghouse on Tribal Justice Systems.--The 
Office shall maintain an information clearinghouse (which shall include 
an electronic data base) on tribal justice systems and Courts of Indian 
Offenses, including (but not limited to) information on staffing, 
funding, model tribal codes, tribal justice activities, and tribal 
judicial decisions. The Office shall take such actions as may be 
necessary to ensure the confidentiality of records and other matters 
involving privacy rights.

SEC. 102. SURVEY OF TRIBAL JUDICIAL SYSTEMS.

    (a) In General.--Not later than six months after the date of the 
enactment of this Act, the Secretary shall enter into a contract with a 
non-Federal entity to conduct a survey of conditions of tribal justice 
systems and Courts of Indian Offenses to determine the resources and 
funding, including base support funding, needed to provide for 
expeditious and effective administration of justice. The Secretary, in 
like manner, shall annually update the information and findings 
contained in the survey required under this section.
    (b) Local Conditions.--In the course of any annual survey, the non-
Federal entity shall document local conditions of each Indian tribe, 
including, but not limited to--
            (1) the geographic area and population to be served;
            (2) the levels of functioning and capacity of the tribal 
        justice system;
            (3) the volume and complexity of the case loads;
            (4) the facilities, including detention facilities, and 
        program resources available;
            (5) funding levels and personnel staffing requirements for 
        the tribal justice system; and
            (6) the training and technical assistance needs of the 
        tribal justice system.
    (c) Consultation With Indian Tribes.--The non-Federal entity shall 
actively consult with Indian tribes and tribal organizations in the 
development and conduct of the surveys, including updates thereof, 
under this section. Indian tribes and tribal organizations shall have 
the opportunity to review and make recommendations regarding the 
findings of the survey, including updates thereof, prior to final 
publication of the survey or any update thereof. After Indian tribes 
and tribal organizations have reviewed and commented on the results of 
the survey, or any update thereof, the non-Federal entity shall report 
its findings, together with the comments and recommendations of the 
Indian tribes and tribal organizations, to the Secretary, the Committee 
on Indian Affairs of the Senate, and the Subcommittee on Native 
American Affairs of the Committee on Natural Resources of the House of 
Representatives.

SEC. 103. BASE SUPPORT FUNDING FOR TRIBAL JUSTICE SYSTEMS.

    (a) In General.--Pursuant to the Indian Self-Determination and 
Education Assistance Act, the Secretary is authorized (to the extent 
provided in advance in appropriations Acts) to enter into contracts, 
grants, or agreements with Indian tribes and tribal organizations for 
the performance of any function of the Office and for the development, 
enhancement, and continuing operation of tribal justice systems and 
traditional tribal judicial practices by Indian tribal governments.
    (b) Purposes for Which Financial Assistance May Be Used.--Financial 
assistance provided through contracts, grants, or agreements entered 
into pursuant to this section may be used for--
            (1) planning for the development, enhancement, and 
        operation of tribal justice systems;
            (2) the employment of judicial personnel;
            (3) training programs and continuing education for tribal 
        judicial personnel;
            (4) the acquisition, development, and maintenance of a law 
        library and computer assisted legal research capacities;
            (5) the development, revision, and publication of tribal 
        codes, rules of practice, rules of procedure, and standards of 
        judicial performance and conduct;
            (6) the development and operation of records management 
        systems;
            (7) the construction or renovation of facilities for tribal 
        justice systems;
            (8) membership and related expenses for participation in 
        national and regional organizations of tribal justice systems 
        and other professional organizations; and
            (9) the development and operation of other innovative and 
        culturally relevant programs and projects, including (but not 
        limited to) programs and projects for--
                    (A) alternative dispute resolution;
                    (B) tribal victims assistance or victims services;
                    (C) tribal probation services or diversion 
                programs;
                    (D) juvenile services and multidisciplinary 
                investigations of child abuse; and
                    (E) traditional tribal judicial practices, 
                traditional tribal justice systems, and traditional 
                methods of dispute resolution.
    (c) Formula.--(1) Not later than 180 days after the date of the 
enactment of this Act, the Secretary, with the full participation of 
Indian tribes, shall establish and promulgate by regulation, a formula 
which establishes base support funding for tribal justice systems in 
carrying out this section.
    (2) The Secretary shall assess case load and staffing needs for 
tribal justice systems that take into account unique geographic and 
demographic conditions. In the assessment of these needs, the Secretary 
shall work cooperatively with Indian tribes and tribal organizations 
and shall refer to any data developed as a result of the surveys 
conducted pursuant to section 102 and to relevant assessment standards 
developed by the Judicial Conference of the United States, the National 
Center for State Courts, the American Bar Association, and appropriate 
State bar associations.
    (3) Factors to be considered in the development of the base support 
funding formula shall include, but are not limited to--
            (A) the case load and staffing needs identified under 
        paragraph (2);
            (B) the geographic area and population to be served;
            (C) the volume and complexity of the case loads;
            (D) the projected number of cases per month;
            (E) the projected number of persons receiving probation 
        services or participating in diversion programs; and
            (F) any special circumstances warranting additional 
        financial assistance.
    (4) In developing and administering the formula for base support 
funding for the tribal judicial systems under this section, the 
Secretary shall ensure equitable distribution of funds.

               TITLE II--AUTHORIZATIONS OF APPROPRIATIONS

SEC. 201. TRIBAL JUSTICE SYSTEMS.

    (a) Office.--There is authorized to be appropriated to carry out 
the provisions of sections 101 and 102 of this Act, $7,000,000 for each 
of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000. None 
of the funds provided under this subsection may be used for the 
administrative expenses of the Office.
    (b) Base Support Funding for Tribal Justice Systems.--There is 
authorized to be appropriated to carry out the provisions of section 
103 of this Act, $50,000,000 for each of the fiscal years 1994, 1995, 
1996, 1997, 1998, 1999, and 2000.
    (c) Administrative Expenses for Office.--There is authorized to be 
appropriated, for the administrative expenses of the Office, $500,000 
for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 
2000.
    (d) Survey.--For carrying out the survey under section 102, there 
is authorized to be appropriated, in addition to the amount authorized 
under subsection (a) of this section, $400,000.
    (e) Indian Priority System.--Funds appropriated pursuant to the 
authorizations provided by this section and available for a tribal 
justice system shall not be subject to the Indian priority system. 
Nothing in this Act shall preclude a tribal government from 
supplementing any funds received under this Act with funds received 
from any other source including the Bureau or any other Federal agency.
    (f) Allocation of Funds.--In allocating funds appropriated pursuant 
to the authorization contained in subsection (a) among the Bureau, 
Office, tribal governments and Courts of Indian Offenses, the Secretary 
shall take such actions as may be necessary to ensure that such 
allocation is carried out in a manner that is fair and equitable to all 
tribal governments and is proportionate to base support funding under 
section 103 received by the Bureau, Office, tribal governments, and 
Courts of Indian Offenses.
    (g) No Offset.--No Federal agency shall offset funds made available 
pursuant to this Act for tribal justice systems against other funds 
otherwise available for use in connection with tribal justice systems.

                         TITLE III--DISCLAIMERS

SEC. 301. TRIBAL AUTHORITY.

    Nothing in this Act shall be construed to--
            (1) encroach upon or diminish in any way the inherent 
        sovereign authority of each tribal government to determine the 
        role of the tribal justice system within the tribal government 
        or to enact and enforce tribal laws;
            (2) diminish in any way the authority of tribal governments 
        to appoint personnel;
            (3) impair the rights of each tribal government to 
        determine the nature of its own legal system or the appointment 
        of authority within the tribal government;
            (4) alter in any way any tribal traditional dispute 
        resolution forum;
            (5) imply that any tribal justice system is an 
        instrumentality of the United States; or
            (6) diminish the trust responsibility of the United States 
        to Indian tribal governments and tribal justice systems of such 
        governments.

            Passed the House of Representatives August 2, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.