[Congressional Record Volume 145, Number 165 (Friday, November 19, 1999)]
[Senate]
[Pages S14899-S14901]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE ACT OF 1999

  Ms. COLLINS. I ask unanimous consent that the Senate proceed to the 
consideration of Calendar No. 409, S. 1508.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1508) to provide technical and legal assistance 
     to tribal justice systems and members of Indian tribes, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the 
bill which had been reported from the Committee on Indian Affairs, with 
an amendment to strike all after the enacting clause and inserting in 
lieu thereof the following:

                                S. 1508

       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 
     Technical and Legal Assistance Act of 1999''.

     SEC. 2. FINDINGS.

       The Congress finds and declares that--
       (1) there is a government-to-government relationship 
     between the United States and Indian tribes;
       (2) Indian tribes are sovereign entities and are 
     responsible for exercising governmental authority over Indian 
     lands;
       (3) the rate of violent crime committed in Indian country 
     is approximately twice the rate of violent crime committed in 
     the United States as a whole;
       (4) in any community, a high rate of violent crime is a 
     major obstacle to investment, job creation and economic 
     growth;
       (5) tribal justice systems are an essential part of tribal 
     governments and serve as important forums for ensuring the 
     health and safety and the political integrity of tribal 
     governments;
       (6) Congress and the Federal courts have repeatedly 
     recognized tribal justice systems as the most appropriate 
     forums for the adjudication of disputes affecting personal 
     and property rights on Native lands;
       (7) enhancing tribal court systems and improving access to 
     those systems serves the dual Federal goals of tribal 
     political self-determination and economic self-sufficiency;
       (8) there is both inadequate funding and an inadequate 
     coordinating mechanism to meet the technical and legal 
     assistance needs of tribal justice systems and this lack of 
     adequate technical and legal assistance funding impairs their 
     operation;
       (9) tribal court membership organizations have served a 
     critical role in providing training and technical assistance 
     for development and enhancement of tribal justice systems;
       (10) Indian legal services programs, as funded partially 
     through the Legal Services Corporation, have an established 
     record of providing cost effective legal assistance to Indian 
     people in tribal court forums, and also contribute 
     significantly to the development of tribal courts and tribal 
     jurisprudence; and
       (11) the provision of adequate technical assistance to 
     tribal courts and legal assistance to both individuals and 
     tribal courts is an essential element in the development of 
     strong tribal court systems.

     SEC. 3. PURPOSES.

       The purposes of this Act are as follows:
       (1) to carry out the responsibility of the United States to 
     Indian tribes and members of Indian tribes by ensuring access 
     to quality technical and legal assistance.
       (2) To strengthen and improve the capacity of tribal court 
     systems that address civil and criminal causes of action 
     under the jurisdiction of Indian tribes.
       (3) To strengthen tribal governments and the economies of 
     Indian tribes through the enhancement and, where appropriate, 
     development of tribal court systems for the administration of 
     justice in Indian country by providing technical and legal 
     assistance services.
       (4) To encourage collaborative efforts between national or 
     regional membership organizations and associations whose 
     membership consists of judicial system personnel within 
     tribal justice systems; non-profit entities which provide 
     legal assistance services for Indian tribes, members of 
     Indian tribes, and/or tribal justice systems.
       (5) To assist in the development of tribal judicial systems 
     by supplementing prior Congressional efforts such as the 
     Indian Tribal Justice Act (Public Law 103-176).

     SEC. 4. DEFINITIONS.

       For purposes of this Act:
       (1) Attorney general.--The term ``Attorney General'' means 
     the Attorney General of the United States.
       (2) Indian lands.--The term ``Indian lands'' shall include 
     lands within the definition of ``Indian country'', as defined 
     in 18 U.S.C. 1151; or ``Indian reservations'', as defined in 
     section 3(d) of the Indian Financing Act of 1974, 25 U.S.C. 
     1452(d), or section 4(10) of the Indian Child Welfare Act, 25 
     U.S.C. 1903(10). For purposes of the preceding sentence, such 
     section 3(d) of the Indian Financing Act shall be applied by 
     treating the term ``former Indian reservations in Oklahoma'' 
     as including only lands which are within the jurisdictional 
     area of an Oklahoma Indian Tribe (as determined by the 
     Secretary of

[[Page S14900]]

     Interior) and are recognized by such Secretary as eligible 
     for trust land status under 25 CFR part 151 (as in effect on 
     the date of enactment of this sentence).
       (3) Indian tribe.--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 or plans to administer 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) Judicial personnel.--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 judicial system.
       (5) Non-profit entities.--The term ``non-profit entity'' or 
     ``non-profit entities'' has the meaning given that term in 
     section 501(c)(3) of the Internal Revenue Code.
       (6) Office of tribal justice.--The term ``Office of Tribal 
     Justice'' means the Office of Tribal Justice in the United 
     States Department of Justice.
       (7) Tribal justice system.--The term ``tribal court'', 
     ``tribal court system'', or ``tribal justice system'' means 
     the entire judicial branch, and employees thereof, of an 
     Indian tribe, including, but not limited to, traditional 
     methods and fora for dispute resolution, trial courts, 
     appellate courts, including inter-tribal appellate courts, 
     alternative dispute resolution systems, and circuit rider 
     systems, established by inherent tribunal authority whether 
     or not they constitute a court of record.

 TITLE I--TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL LEGAL 
                           ASSISTANCE GRANTS

     SEC. 101. TRIBAL JUSTICE TRAINING AND TECHNICAL ASSISTANCE 
                   GRANTS.

       Subject to the availability of appropriations, the Attorney 
     General, in consultation with the Office of Tribal Justice, 
     shall award grants to national or regional membership 
     organizations and associations whose membership consists of 
     judicial system personnel within tribal justice systems which 
     submit an application to the Attorney General in such form 
     and manner as the Attorney General may prescribe to provide 
     training and technical assistance for the development, 
     enrichment, enhancement of tribal justice systems, or other 
     purposes consistent with this Act.

     SEC. 102. TRIBAL CIVIL LEGAL ASSISTANCE GRANTS.

       Subject to the availability of appropriations, the Attorney 
     General, in consultation with the Office of Tribal Justice, 
     shall award grants to non-profit entities, as defined under 
     section 501(c)(3) of the Internal Revenue Code, which provide 
     legal assistance services for Indian tribes, members of 
     Indian tribes, or tribal justice systems pursuant to federal 
     poverty guidelines that submit an application to the Attorney 
     General in such form and manner as the Attorney General may 
     prescribe for the provision of civil legal assistance to 
     members of Indian tribes and tribal justice systems, and/or 
     other purposes consistent with this Act.

     SEC. 103. TRIBAL CRIMINAL ASSISTANCE GRANTS.

       Subject to the availability of appropriations, the Attorney 
     General, in consultation with the Office of Tribal Justice, 
     shall award grants to non-profit entities, as defined by 
     section 501(c)(3) of the Internal Revenue Code, which provide 
     legal assistance services for Indian tribes, members of 
     Indian tribes, or tribal justice systems pursuant to federal 
     poverty guidelines that submit an application to the Attorney 
     General in such form and manner as the Attorney General may 
     prescribe for the provision of criminal legal assistance to 
     members of Indian tribes and tribal justice systems, and/or 
     other purposes consistent with this Act. Funding under this 
     title may apply to programs, procedures, or proceedings 
     involving adult criminal actions, juvenile delinquency 
     actions, and/or guardian-ad-litem appointments arising out of 
     criminal or delinquency acts.

     SEC. 104. NO OFFSET.

       No Federal agency shall offset funds made available 
     pursuant to this Act for Indian tribal court membership 
     organizations or Indian legal services organizations against 
     other funds otherwise available for use in connection with 
     technical or legal assistance to tribal justice systems or 
     members of Indian tribes.

     SEC. 105. 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 fora;
       (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.

     SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

       For purposes of carrying out the activities under this 
     title, there are authorized to be appropriated such sums as 
     are necessary for fiscal years 2000 through 2004.

                     TITLE II--INDIAN TRIBAL COURTS

     SEC. 201. GRANTS.

       (a) In General.--The Attorney General may award grants and 
     provide technical assistance to Indian tribes to enable such 
     tribes to carry out programs to support--
       (1) the development, enhancement, and continuing operation 
     of tribal justice systems; and
       (2) the development and implementation of--
       (A) tribal codes and sentencing guidelines;
       (B) inter-tribal courts and appellate systems;
       (C) tribal probation services, diversion programs, and 
     alternative sentencing provisions;
       (D) tribal juvenile services and multi-disciplinary 
     protocols for child physical and sexual abuse; and
       (E) traditional tribal judicial practices, traditional 
     tribal justice systems, and traditional methods of dispute 
     resolution.
       (b) Consultation.--In carrying out this section, the 
     Attorney General may consult with the Office of Tribal 
     Justice and any other appropriate tribal or Federal 
     officials.
       (c) Regulations.--The Attorney General may promulgate such 
     regulations and guidelines as may be necessary to carry out 
     this title.
       (d) Authorization of Appropriations.--For purposes of 
     carrying out the activities under this section, there are 
     authorized to be appropriated such sums as are necessary for 
     fiscal years 2000 through 2004.

     SEC. 202. TRIBAL JUSTICE SYSTEMS.

       Section 201 of the Indian Tribal Justice Act (25 U.S.C. 
     3621) is amended--
       (1) in subsection (a), by striking ``1994, 1995, 1996, 
     1997, 1998, 1999, and 2000'' and inserting ``2000 through 
     2007'';
       (2) in subsection (b), by striking ``1994, 1995, 1996, 
     1997, 1998, 1999, and 2000'' and inserting ``2000 through 
     2007'';
       (3) in subsection (c), by striking ``1994, 1995, 1996, 
     1997, 1998, 1999, and 2000'' and inserting ``2000 through 
     2007''; and
       (4) in subsection (d), by striking ``1994, 1995, 1996, 
     1997, 1998, 1999, and 2000'' and inserting ``2000 through 
     2007''.

  Ms. COLLINS. I ask unanimous consent that the committee amendment be 
agreed to, the bill be read the third time and passed, the motion to 
reconsider be laid upon the table, and any statements related to the 
bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1508), as amended, was read the third time and passed, 
as follows:

                                S. 1508

       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 
     Technical and Legal Assistance Act of 1999''.

     SEC. 2. FINDINGS.

       The Congress finds and declares that--
       (1) there is a government-to-government relationship 
     between the United States and Indian tribes;
       (2) Indian tribes are sovereign entities and are 
     responsible for exercising governmental authority over Indian 
     lands;
       (3) the rate of violent crime committed in Indian country 
     is approximately twice the rate of violent crime committed in 
     the United States as a whole;
       (4) in any community, a high rate of violent crime is a 
     major obstacle to investment, job creation and economic 
     growth;
       (5) tribal justice systems are an essential part of tribal 
     governments and serve as important forums for ensuring the 
     health and safety and the political integrity of tribal 
     governments;
       (6) Congress and the Federal courts have repeatedly 
     recognized tribal justice systems as the most appropriate 
     forums for the adjudication of disputes affecting personal 
     and property rights on Native lands;
       (7) enhancing tribal court systems and improving access to 
     those systems serves the dual Federal goals of tribal 
     political self-determination and economic self-sufficiency;
       (8) there is both inadequate funding and an inadequate 
     coordinating mechanism to meet the technical and legal 
     assistance needs of tribal justice systems and this lack of 
     adequate technical and legal assistance funding impairs their 
     operation;
       (9) tribal court membership organizations have served a 
     critical role in providing training and technical assistance 
     for development and enhancement of tribal justice systems;
       (10) Indian legal services programs, as funded partially 
     through the Legal Services Corporation, have an established 
     record of providing cost effective legal assistance to Indian 
     people in tribal court forums, and also contribute 
     significantly to the development of tribal courts and tribal 
     jurisprudence; and
       (11) the provision of adequate technical assistance to 
     tribal courts and legal assistance to both individuals and 
     tribal courts is an essential element in the development of 
     strong tribal court systems.

     SEC. 3. PURPOSES.

       The purposes of this Act are as follows:
       (1) to carry out the responsibility of the United States to 
     Indian tribes and members of Indian tribes by ensuring access 
     to quality technical and legal assistance.
       (2) To strengthen and improve the capacity of tribal court 
     systems that address civil and criminal causes of action 
     under the jurisdiction of Indian tribes.
       (3) To strengthen tribal governments and the economies of 
     Indian tribes through the

[[Page S14901]]

     enhancement and, where appropriate, development of tribal 
     court systems for the administration of justice in Indian 
     country by providing technical and legal assistance services.
       (4) To encourage collaborative efforts between national or 
     regional membership organizations and associations whose 
     membership consists of judicial system personnel within 
     tribal justice systems; non-profit entities which provide 
     legal assistance services for Indian tribes, members of 
     Indian tribes, and/or tribal justice systems.
       (5) To assist in the development of tribal judicial systems 
     by supplementing prior Congressional efforts such as the 
     Indian Tribal Justice Act (Public Law 103-176).

     SEC. 4. DEFINITIONS.

       For purposes of this Act:
       (1) Attorney general.--The term ``Attorney General'' means 
     the Attorney General of the United States.
       (2) Indian lands.--The term ``Indian lands'' shall include 
     lands within the definition of ``Indian country'', as defined 
     in 18 U.S.C. 1151; or ``Indian reservations'', as defined in 
     section 3(d) of the Indian Financing Act of 1974, 25 U.S.C. 
     1452(d), or section 4(10) of the Indian Child Welfare Act, 25 
     U.S.C. 1903(10). For purposes of the preceding sentence, such 
     section 3(d) of the Indian Financing Act shall be applied by 
     treating the term ``former Indian reservations in Oklahoma'' 
     as including only lands which are within the jurisdictional 
     area of an Oklahoma Indian Tribe (as determined by the 
     Secretary of Interior) and are recognized by such Secretary 
     as eligible for trust land status under 25 CFR part 151 (as 
     in effect on the date of enactment of this sentence).
       (3) Indian tribe.--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 or plans to administer 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) Judicial personnel.--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 judicial system.
       (5) Non-profit entities.--The term ``non-profit entity'' or 
     ``non-profit entities'' has the meaning given that term in 
     section 501(c)(3) of the Internal Revenue Code.
       (6) Office of tribal justice.--The term ``Office of Tribal 
     Justice'' means the Office of Tribal Justice in the United 
     States Department of Justice.
       (7) Tribal justice system.--The term ``tribal court'', 
     ``tribal court system'', or ``tribal justice system'' means 
     the entire judicial branch, and employees thereof, of an 
     Indian tribe, including, but not limited to, traditional 
     methods and fora for dispute resolution, trial courts, 
     appellate courts, including inter-tribal appellate courts, 
     alternative dispute resolution systems, and circuit rider 
     systems, established by inherent tribunal authority whether 
     or not they constitute a court of record.
 TITLE I--TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL LEGAL 
                           ASSISTANCE GRANTS

     SEC. 101. TRIBAL JUSTICE TRAINING AND TECHNICAL ASSISTANCE 
                   GRANTS.

       Subject to the availability of appropriations, the Attorney 
     General, in consultation with the Office of Tribal Justice, 
     shall award grants to national or regional membership 
     organizations and associations whose membership consists of 
     judicial system personnel within tribal justice systems which 
     submit an application to the Attorney General in such form 
     and manner as the Attorney General may prescribe to provide 
     training and technical assistance for the development, 
     enrichment, enhancement of tribal justice systems, or other 
     purposes consistent with this Act.

     SEC. 102. TRIBAL CIVIL LEGAL ASSISTANCE GRANTS.

       Subject to the availability of appropriations, the Attorney 
     General, in consultation with the Office of Tribal Justice, 
     shall award grants to non-profit entities, as defined under 
     section 501(c)(3) of the Internal Revenue Code, which provide 
     legal assistance services for Indian tribes, members of 
     Indian tribes, or tribal justice systems pursuant to federal 
     poverty guidelines that submit an application to the Attorney 
     General in such form and manner as the Attorney General may 
     prescribe for the provision of civil legal assistance to 
     members of Indian tribes and tribal justice systems, and/or 
     other purposes consistent with this Act.

     SEC. 103. TRIBAL CRIMINAL ASSISTANCE GRANTS.

       Subject to the availability of appropriations, the Attorney 
     General, in consultation with the Office of Tribal Justice, 
     shall award grants to non-profit entities, as defined by 
     section 501(c)(3) of the Internal Revenue Code, which provide 
     legal assistance services for Indian tribes, members of 
     Indian tribes, or tribal justice systems pursuant to federal 
     poverty guidelines that submit an application to the Attorney 
     General in such form and manner as the Attorney General may 
     prescribe for the provision of criminal legal assistance to 
     members of Indian tribes and tribal justice systems, and/or 
     other purposes consistent with this Act. Funding under this 
     title may apply to programs, procedures, or proceedings 
     involving adult criminal actions, juvenile delinquency 
     actions, and/or guardian-ad-litem appointments arising out of 
     criminal or delinquency acts.

     SEC. 104. NO OFFSET.

       No Federal agency shall offset funds made available 
     pursuant to this Act for Indian tribal court membership 
     organizations or Indian legal services organizations against 
     other funds otherwise available for use in connection with 
     technical or legal assistance to tribal justice systems or 
     members of Indian tribes.

     SEC. 105. 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 fora;
       (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.

     SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

       For purposes of carrying out the activities under this 
     title, there are authorized to be appropriated such sums as 
     are necessary for fiscal years 2000 through 2004.
                     TITLE II--INDIAN TRIBAL COURTS

     SEC. 201. GRANTS.

       (a) In General.--The Attorney General may award grants and 
     provide technical assistance to Indian tribes to enable such 
     tribes to carry out programs to support--
       (1) the development, enhancement, and continuing operation 
     of tribal justice systems; and
       (2) the development and implementation of--
       (A) tribal codes and sentencing guidelines;
       (B) inter-tribal courts and appellate systems;
       (C) tribal probation services, diversion programs, and 
     alternative sentencing provisions;
       (D) tribal juvenile services and multi-disciplinary 
     protocols for child physical and sexual abuse; and
       (E) traditional tribal judicial practices, traditional 
     tribal justice systems, and traditional methods of dispute 
     resolution.
       (b) Consultation.--In carrying out this section, the 
     Attorney General may consult with the Office of Tribal 
     Justice and any other appropriate tribal or Federal 
     officials.
       (c) Regulations.--The Attorney General may promulgate such 
     regulations and guidelines as may be necessary to carry out 
     this title.
       (d) Authorization of Appropriations.--For purposes of 
     carrying out the activities under this section, there are 
     authorized to be appropriated such sums as are necessary for 
     fiscal years 2000 through 2004.

     SEC. 202. TRIBAL JUSTICE SYSTEMS.

       Section 201 of the Indian Tribal Justice Act (25 U.S.C. 
     3621) is amended--
       (1) in subsection (a), by striking ``1994, 1995, 1996, 
     1997, 1998, 1999, and 2000'' and inserting ``2000 through 
     2007'';
       (2) in subsection (b), by striking ``1994, 1995, 1996, 
     1997, 1998, 1999, and 2000'' and inserting ``2000 through 
     2007'';
       (3) in subsection (c), by striking ``1994, 1995, 1996, 
     1997, 1998, 1999, and 2000'' and inserting ``2000 through 
     2007''; and
       (4) in subsection (d), by striking ``1994, 1995, 1996, 
     1997, 1998, 1999, and 2000'' and inserting ``2000 through 
     2007''.

                          ____________________