[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 754 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 754

To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to 
provide for direct assistance to Indian tribes for juvenile justice and 
        delinquency prevention programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 1997

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

_______________________________________________________________________

                                 A BILL


 
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to 
provide for direct assistance to Indian tribes for juvenile justice and 
        delinquency prevention programs, 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 Juvenile Justice and 
Delinquency Prevention Improvement Act''.

SEC. 2. AMENDMENTS TO THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION 
              ACT OF 1974.

    (a) Definitions.--Section 103 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended--
            (1) in paragraph (8), by striking ``an Indian tribe which 
        performs law enforcement functions as determined by the 
        Secretary of the Interior,'';
            (2) in paragraph (9)--
                    (A) by striking ``States or units of general local 
                government'' and inserting ``States, units of general 
                local government, or Indian tribes''; and
                    (B) by striking ``States or units'' and inserting 
                ``States, units, or Indian tribes'';
            (3) in paragraph (11), by striking ``any State, unit of 
        local government, combination of such States or units'' and 
        inserting ``any State, unit of general local government, Indian 
        tribe, combination of 1 or more States, units of general local 
        government, or Indian tribes'';
            (4) by striking paragraph (18) and inserting the following:
            ``(18) the term `Indian tribe' means any Indian tribe, 
        band, nation, or other organized group or community, including 
        any Alaska Native village or regional or village corporation as 
        defined in or established pursuant to the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as 
        eligible for the special programs and services provided by the 
        United States to Indians because of their status as Indians;''; 
        and
            (5) in paragraph (22), by inserting ``Indian tribe,'' after 
        ``unit of local government,''.
    (b) Technical Amendment.--Part B of title II of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) 
is amended by striking the heading and inserting the following:

``Part B--Federal Assistance for State and Local Programs and Programs 
                           for Indian Tribes

    ``Subpart I--Federal Assistance for State and Local Programs''.

    (c) Elimination of Pass-Through for Indian Tribes.--Section 223(a) 
of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5633(a)) is amended--
            (1) in paragraph (4), by inserting ``and Indian tribes'' 
        after ``units of general local government'';
            (2) in paragraph (5)--
                    (A) in subparagraph (A), by striking the semicolon 
                at the end and inserting ``, except that with respect 
                to any cooperative program conducted with an Indian 
                tribe, the participation of the Indian tribe shall be 
                funded from the amounts made available under subpart II 
                of this part; and'';
                    (B) in subparagraph (B), by striking ``and'' at the 
                end; and
                    (C) by striking subparagraph (C);
            (3) in paragraph (6)--
                    (A) by inserting ``(A)'' before ``provide that'';
                    (B) by striking ``programs funded under this part'' 
                and inserting ``programs funded under this subpart'';
                    (C) by striking the semicolon at the end and 
                inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(B) with respect to any case in which an Indian tribe 
        participates in a cooperative program under paragraph (5)(A), 
        provide that the appropriate official of the governing body of 
        an Indian tribe assign responsibility for the preparation and 
        administration of the Indian tribe's part of the applicable 
        State plan, or for the supervision of the preparation and 
        administration of the Indian tribe's part of the State plan;'';
            (4) in paragraph (24), by striking ``and'' at the end;
            (5) in paragraph (25), by striking the period at the end 
        and inserting a semicolon; and
            (6) by adding at the end the following:
            ``(26) provide assurance that, in carrying out the plan 
        under this section, the State will take appropriate action to 
        improve--
                    ``(A) communication between the State and units of 
                general local government and Indian tribes;
                    ``(B) cooperation between the State and units of 
                general local government and Indian tribes; and
                    ``(C) intergovernmental relationships between the 
                State and units of general local government and Indian 
                tribes; and
            ``(27) provide, as appropriate, a description and analysis 
        of any disproportionate representation in the juvenile justice 
        system of Native Americans (as that term is defined in section 
        16(10) of the National Museum of the American Indian Act (20 
        U.S.C. 80q-14(10))) including, if appropriate, 
any disproportionate representation of Alaska Natives (within the 
meaning of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.) from--
                    ``(A) urban populations; and
                    ``(B) populations that are not, as of the date of 
                development of the plan, recognized as eligible for the 
                special programs and services provided by the United 
                States to Indians because of their status as 
                Indians.''.
    (d) Federal Assistance for Programs for Indian Tribes.--Part B of 
title II of the Juvenile Justice and Delinquency Prevention Act of 1974 
(42 U.S.C. 5611 et seq.) is amended by adding at the end the following:

    ``Subpart II--Federal Assistance for Programs for Indian Tribes

``SEC. 221. ESTABLISHMENT OF PROGRAM.

    ``(a) In General.--The Administrator shall, by regulation, 
establish a program to provide direct grants to Indian tribes in 
accordance with this section. Each grant made under this section to an 
Indian tribe shall be used by the governing body of the Indian tribe--
            ``(1) for planning, establishing, operating, coordinating, 
        and evaluating projects for achieving compliance with the 
        requirements specified in paragraphs (12)(A), (13), and (14) of 
        section 223, and otherwise meeting any applicable requirements 
        of this Act; and
            ``(2) for otherwise conducting activities to promote the 
        improvement of the juvenile justice system of that Indian 
        tribe.
    ``(b) Plans.--As part of an application for a grant under this 
section, an Indian tribe shall submit a plan for conducting activities 
described in subsection (a). The plan shall--
            ``(1) provide evidence that the Indian tribe performs law 
        enforcement functions (as determined by the Secretary of the 
        Interior);
            ``(2) identify the juvenile justice and delinquency 
        problems and juvenile delinquency prevention needs to be 
        addressed by activities conducted by the Indian tribe in the 
        area under the jurisdiction of the Indian tribe with assistance 
        provided by the grant;
            ``(3) provide for fiscal control and accounting procedures 
        that--
                    ``(A) are necessary to ensure the prudent use, 
                proper disbursement, and accounting of funds received 
                under this subchapter; and
                    ``(B) are consistent with the requirements of 
                section 232; and
            ``(4) contain such other information, and be subject to 
        such additional requirements, as the Administrator may 
        reasonably prescribe to ensure the effectiveness of the grant 
        program under this subpart.
    ``(c) Factors for Consideration.--In awarding grants under this 
section, the Administrator shall consider--
            ``(1) the resources that are available to each applicant 
        that will assist, and be coordinated with, the overall juvenile 
        justice system of the Indian tribe; and
            ``(2) for each Indian tribe that receives assistance under 
        such a grant--
                    ``(A) the relative population of individuals under 
                the age of 18; and
                    ``(B) who will be served by the assistance provided 
                by the grant.
    ``(d) Grant Awards.--
            ``(1) In general.--
                    ``(A) Competitive awards.--Except as provided in 
                paragraph (2), the Administrator shall annually award 
                grants under this section on a competitive basis. The 
                Administrator shall enter into a grant agreement with 
                each grant recipient under this section that specifies 
                the terms and conditions of the grant.
                    ``(B) Period of grant.--The period of a grant 
                awarded under this section shall be 1 year.
            ``(2) Exception.--In any case in which the Administrator 
        determines that a grant recipient under this section has 
        performed satisfactorily during the preceding year in 
        accordance with an applicable grant agreement, the 
        Administrator may--
                    ``(A) waive the requirement that the recipient be 
                subject to the competitive award process described in 
                paragraph (1); and
                    ``(B) renew the grant for an additional grant 
                period (as specified in paragraph (1)(B)).
            ``(3) Modifications of processes.--The Administrator may 
        prescribe requirements to provide for appropriate modifications 
        to the plan preparation and application process specified in 
        this section for an application for a renewal grant under this 
        subsection.

``SEC. 232. REPORTING REQUIREMENT.

    ``Each Indian tribe that receives a grant under section 231 is 
subject to the fiscal accountability provisions of section 5(f)(1) of 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450c(f)(1)), relating to the submission of a single-agency audit report 
required by chapter 75 of title 31, United States Code.

``SEC. 233. TECHNICAL ASSISTANCE.

    ``The Administrator shall establish a program to provide technical 
assistance to assist Indian tribes in carrying out the activities 
described in section 231(a).

``SEC. 234. COORDINATION WITH STATE ADVISORY GROUPS.

    ``In carrying out the programs under this subpart, the 
Administrator shall, not later than 180 days after the end of the 
fiscal year during which the Indian Juvenile Justice and Delinquency 
Prevention Improvement Act is enacted, and annually thereafter, issue a 
report to each advisory group established under a State plan under 
section 223(a)(3) that includes information relating to each grant 
awarded under section 231, including the amount of the grant.

``SEC. 235. RULE OF CONSTRUCTION.

    ``Nothing in this subpart may be construed to affect in any manner 
the jurisdiction of an Indian tribe with respect to land or persons in 
Alaska.

``SEC. 236. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Department of 
Justice to carry out this subpart, $10,000,000 for each of fiscal years 
1998 through 2001.''.
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