[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 521 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 521

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                March 5 (legislative day, March 3), 1993

 Mr. McCain (for himself, Mr. Inouye, and Mr. Campbell) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

_______________________________________________________________________

                                 A BILL


 
  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,

                      TITLE I--GENERAL PROVISIONS

SEC. 101. SHORT TITLE.

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

SEC. 102. FINDINGS.

    The Congress finds and declares that--
            (1) there is a government-to-government relationship 
        between the United States and each Indian tribe;
            (2) Congress, through statutes, treaties, and the exercise 
        of administrative authorities, has recognized the self-
        determination, self-reliance, and inherent sovereignty of 
        Indian tribes;
            (3) Indian tribes possess the inherent authority to 
        establish their own form of government, including tribal 
        justice systems;
            (4) tribal justice systems are essential to self-government 
        and integral to the fulfillment of the Federal Government's 
        policy of self-determination;
            (5) tribal justice systems are inadequately funded and the 
        lack of adequate funding impairs their ability to administer 
        justice effectively; and
            (6) tribal government involvement in and commitment to 
        improving tribal justice systems is essential to the 
        accomplishment of the goals of this Act.

SEC. 103. 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 the authority of the United States or the inherent 
        authority of the native entity 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(c) of the Indian Self-Determination and 
        Education Assistance Act.
            (8) The term ``tribal justice system'' means the entire 
        judicial branch of an Indian tribe, including but not limited 
        to traditional methods and forums for dispute resolution, lower 
        courts, appellate courts, alternative dispute resolution 
        systems, and circuit rider systems, established by inherent 
        tribal authority whether or not they constitute a court of 
        record, and the employees thereof.

                    TITLE II--TRIBAL JUSTICE SYSTEMS

SEC. 201. 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.
    (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.--Except as otherwise provided in title III, 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 to Indian 
        tribes and tribal organizations upon request.
            (3) Study and conduct research concerning the operation of 
        tribal justice systems.
            (4) Promote cooperation and coordination between tribal 
        justice systems, the Federal judiciary, and State judiciary 
        systems.
            (5) Oversee the continuing operations of the Courts of 
        Indian Offenses.
    (d) Assistance to Tribes.--(1) The Office shall provide training 
and technical assistance to any Indian tribe or tribal organization 
upon request. Technical assistance and training which may be provided 
by the Office shall include, but is not 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 and tribal 
organizations.
    (e) Information Clearinghouse on Tribal Justice Systems.--The 
Office shall establish an information clearinghouse (which shall 
include an electronic data base) on tribal justice systems, including, 
but not limited to, information on tribal judicial personnel, funding, 
model tribal codes, tribal justice activities, and tribal judicial 
decisions. The Office shall take such action as may be necessary to 
ensure the confidentiality of personnel records, case records, and 
other matters involving the privacy of individuals.

SEC. 202. SURVEY OF TRIBAL JUDICIAL SYSTEMS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary, in consultation with affected 
Indian tribes, 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 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 on each reservation, 
including, but not limited to--
            (1) the reservation size 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 of the survey, including updates thereof, of conditions of 
tribal justice systems. 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. 203. 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 enter into 
contracts, grants, or agreements with Indian tribes and tribal 
organizations, for the development, enhancement, and continuing 
operation of tribal justice systems on Indian reservations.
    (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 or 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 programs 
        and projects for--
                    (A) alternative dispute resolution;
                    (B) tribal victims assistance or victims services;
                    (C) tribal probation services or diversion 
                programs;
                    (D) multidisciplinary investigations of child 
                abuse; and
                    (E) tribal traditional justice systems or 
                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 develop appropriate case load and staffing 
criteria for tribal justice systems that take into account unique 
reservation conditions. In the development of these criteria, the 
Secretary shall consult with Indian tribes and tribal organizations and 
shall refer to comparable relevant criteria developed by the Judicial 
Conference of the United States, the National Center for State Courts, 
and the American Bar Association.
    (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 criteria developed under 
        this paragraph;
            (B) the reservation size 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 the formula for base support funding for tribal 
judicial systems under this section, the Secretary shall ensure 
equitable distribution of funds.

                 TITLE III--TRIBAL JUDICIAL CONFERENCES

SEC. 301. ESTABLISHMENT; FUNDING.

    (a) Establishment.--In any case in which two or more governing 
bodies of Indian tribes establish a regional or national judicial 
conference, such conference shall be considered a tribal organization 
and eligible to contract for funds under this title, if each member 
tribe served by the conference has adopted a tribal resolution which 
authorizes the tribal judicial conference to receive and administer 
funds under this title. At the written request of any tribal judicial 
conference, a contract entered into pursuant to this title shall 
authorize the conference to receive funds and perform any or all of the 
duties of the Bureau and the Office under sections 201 and 202 of this 
Act on behalf of the members of such conference.
    (b) Contract Authority.--Pursuant to the Indian Self-Determination 
and Education Assistance Act, the Secretary is authorized to enter into 
contracts, grants, or agreements with a tribal judicial conference for 
the development, enhancement, and continuing operation of tribal 
justice systems of Indian tribes which are members of such conference.
    (c) Funding.--The Secretary is authorized to provide funding to 
tribal judicial conferences pursuant to contracts entered into under 
the authority of the Indian Self-Determination and Education Assistance 
Act for administrative expenses incurred by such conferences.

                        TITLE IV--AUTHORIZATIONS

SEC. 401. TRIBAL JUSTICE SYSTEMS.

    (a) Office.--There are authorized to be appropriated to carry out 
the provisions of sections 201, 202, and 301(a) of this Act, $7,000,000 
for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 
2000.
    (b) Base Support Funding for Tribal Justice Systems and Judicial 
Conferences.--There are authorized to be appropriated to carry out the 
provisions of section 203 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 are 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) Administrative Expenses for Tribal Judicial Conferences.--There 
are authorized to be appropriated, for the administrative expenses of 
tribal judicial conferences, $500,000 for each of the fiscal years 
1994, 1995, 1996, 1997, 1998, 1999, and 2000.
    (e) Survey.--For carrying out the survey under section 202, there 
is authorized to be appropriated, in addition to the amount authorized 
under subsection (a) of this section, $400,000.
    (f) No Offset.--No Federal agency shall offset funds made available 
pursuant to this Act for tribal justice systems against funds otherwise 
made available for or in connection with tribal justice systems.
    (g) Allocation of Funds.--In allocating funds appropriated pursuant 
to the authorization contained in subsection (a) of this section among 
the Bureau, Office, tribal governments, and tribal judicial 
conferences, the Secretary shall take such action as may be necessary 
to ensure that such allocation is carried out in a manner that is fair 
and equitable, and is proportionate to base support funding under 
section 203 received by the Bureau, Office, tribal governments, and 
tribal government members comprising a judicial conference.

                          TITLE V--DISCLAIMERS

SEC. 501. 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 court 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 
        apportionment of authority within the tribal government;
            (4) alter in any way traditional dispute resolution forum;
            (5) imply that any tribal court is an instrumentality of 
        the United States; or
            (6) diminish the trust responsibility of the United States 
        to Indian tribal governments and tribal court systems of such 
        governments.

SEC. 502. INDIAN PRIORITY SYSTEM.

    Nothing in this Act shall affect the eligibility of a tribal 
government to receive funding through the Indian priority system of the 
Bureau for support of the tribe's court system.

                                 <all>

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