[Congressional Record Volume 143, Number 64 (Thursday, May 15, 1997)]
[Senate]
[Pages S4602-S4604]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself, Mr. Inouye, and Mr. Domenici):

  S. 754. 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; to the Committee on Indian Affairs.


       THE INDIAN JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT

  Mr. CAMPBELL. Mr. President, today I, along with Senators Inouye and 
Domenici, introduce legislation which will reform the existing Native 
American Pass-Through Program administered by the Office of Juvenile 
Justice and Delinquency Prevention [OJJDP], within the Department of 
Justice, and will create a grant program that will provide direct 
funding to eligible tribes for the purpose of addressing juvenile 
justice needs in Indian country.
  Juvenile delinquency is an enormous problem faced by both State and 
tribal governments. A February 1997 report, issued by OJJDP, indicated 
that law enforcement agencies around the country made an estimated 2.7 
million arrests in 1995 of persons under age 18. This accounted for 18 
percent of all arrests made during that year. OJJDP also reported that 
while the total number of juvenile arrests for violent crimes decreased 
in 1995, the total number of arrests is considerably higher than they 
were in 1992 and 67 percent higher than the 1986 level.
  Unfortunately, there are no complete and accurate sets of statistics 
available on the rate of juvenile delinquency among the American Indian 
and Alaskan Native population as a whole. In spite of this, I think it 
is fair and accurate to say that the threat of an increased rate of 
juvenile delinquency is great in Indian country due to the large and 
growing population of Indian youth under the age of 18.
  In fact, in a hearing conducted by the Senate Committee on Indian 
Affairs on April 8, a representative of the Department of Justice 
stated that ``while violent crime is falling in American cities, it is 
rising on American Indian reservations.'' Despite this, there are still 
about half as many police officers in Indian country on a per capita 
basis.
  Currently, tribal governments which perform law enforcement functions 
are eligible to receive grants through the Native American Pass-Through 
Program, established through the 1988 amendments to the Juvenile 
Justice and Delinquency Prevention Act of 1974. Under this program, 
States must make available to tribes a minimum amount of funding based, 
in part, upon the ratio of the number of Indian juveniles within a 
State's boundaries compared to the total number of juveniles within 
that State. This funding may go toward a variety of juvenile 
delinquency prevention, control, or reduction efforts.
  Based upon the comments of representatives of tribal governments, 
State advisory groups, the National Coalition for Juvenile Justice, and 
State governments, it has become clear to me that the Pass-Through 
Program is simply not meeting the needs of tribes. First, the minimum 
amount of funding each State must make available to tribes is, on 
average, so minimal that it fails to appropriately address the needs of 
the tribes. While many States do award grants in excess of the 
requirement, the amounts tribes receive are often too small to initiate 
a program of any magnitude. In addition, many tribes do not even apply 
for these grants, because the cost of preparing a grant application 
would exceed the amount of funds awarded. More importantly, the Pass-
Through Program exists in conflict with the Federal-tribal government-
to-government relationship, by requiring tribal governments to depend 
upon the States. If a State chooses not to participate in the program 
or does not meet certain requirements, tribes located within that 
State's boundaries will not receive funds under the act. Because of 
these and other concerns raised by tribes and juvenile justice 
officials, I am introducing the Indian Juvenile Justice and Delinquency 
Prevention Improvement Act. This proposal seeks to eliminate the Native 
American Pass-Through Program and replace it with a discretionary grant 
program that will provide direct Federal grants to Indian tribes. 
Consistent with the Pass-Through Program, these funds will be used to 
plan and develop programs to prevent and reduce juvenile crime as well 
as to improve the tribal government's juvenile justice system.

[[Page S4603]]

  More specifically, this legislation will require tribes to submit 
program plans as part of their grant application to the Administrator 
of OJJDP. Tribes must comply with certain core requirements in order to 
demonstrate an ability to administer and account for the quality of the 
juvenile justice programs. Finally, this legislation includes a 
reporting requirement similar to the one mandated in the Indian Self-
Determination Act.
  On the administrative side, the legislation directs OJJDP to take 
into account certain important factors when awarding grants such as a 
tribe's available resources and the population of Indian youth who 
reside within the tribe's jurisdiction. It is also important to note 
that this legislation in no way prevents tribes from entering into 
cooperative agreements with States or units of local government. Tribes 
are still able to enter into these agreements and apply for State 
funding should they desire to do so.
  The prevention, control, and reduction of juvenile delinquency should 
be one of the top priorities of this Nation. With this legislation, we 
have the opportunity to provide a better mechanism to deliver funds to 
tribes for the purpose of addressing juvenile justice needs, a much 
better mechanism than we currently have.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 754

       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

[[Page S4604]]

     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.''.
                                 ______