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[House Report 106-819]
[From the U.S. Government Publishing Office]

106th Congress                                            Rept. 106-819
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================

 
    INDIAN TRIBAL JUSTICE TECHNICAL AND LEGAL ASSISTANCE ACT OF 1999

                                _______
                                

 September 6, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 1508]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill (S. 
1508) to provide technical and legal assistance to tribal 
justice systems and members of Indian tribes, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of S. 1508 is to provide technical and legal 
assistance to tribal justice systems and members of Indian 
tribes, and for other purposes.

                  Background and Need for Legislation

    S. 1508, the proposed Indian Tribal Justice Technical and 
Legal Assistance Act of 1999, authorizes the Attorney General 
to award grants to national or regional tribal justice system 
personnel organizations or non-profit entities which provide 
legal assistance for tribes and tribal members to provide 
training and technical assistance for the development, 
enrichment, enhancement of tribal justice systems or other 
purposes consistent with this proposal.
    This legislation also authorizes the Attorney General to 
award grants and provide technical assistance to Indian tribes 
to enable them to carry out programs to support their tribal 
justice systems as part of the joint Department of Justice/
Department of the Interior Law Enforcement Initiative in Indian 
County, and reauthorizes the Indian Tribal Justice Act for 
fiscal years 2000 through 2007. Section 103 authorizes the 
Attorney General to make grants to nonprofit entities which 
provide criminal legal assistance services for Indian tribes, 
members of Indian tribes or tribal justice systems, subject to 
the availability of appropriations and in consultation with the 
Office of Tribal Justice. The Committee is aware that several 
Indian Legal Services programs of the Legal Services 
Corporation provide criminal defender services. In instances 
where such nonprofit entities have declined to provide or are 
not able to provide criminal legal assistance services for 
Indian tribes, members of Indian tribes or tribal justice 
systems, or have arranged for the appropriate tribal government 
to provide those services, the Committee expects that the 
Attorney General will make grant awards to tribal governments 
and other eligible entities, subject to the availability of 
appropriations. Finally, there are authorized to be 
appropriated such sums as are necessary to carry out the 
provisions of Title I of S. 1508 (which affect the Department 
of Justice) for fiscal years 2000 through 2004.
    For additional information, see Senate Report 106-219.

                            Committee Action

    S. 1508 was introduced on August 5, 1999, by Senator Ben 
Nighthorse Campbell (R-CO).
    The bill was passed by the Senate on November 19, 1999, by 
unanimous consent. In the House of Representatives, the bill 
was referred to the Committee on Resources and additionally to 
the Committee on the Judiciary. On June 28, 2000, the Resources 
Committee met to mark up the bill. No amendments were offered 
and the bill was ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 6, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1508, the Indian 
Tribal Justice Technical and Legal Assistance Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lanette J. 
Keith.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1508--Indian Tribal Justice Technical and Legal Assistance Act of 
        1999

    Summary: S. 1508 would authorize funding for programs that 
support tribal justice systems. The act would authorize the 
appropriation of $464 million over the 2000-2007 period, 
including $58 million already authorized for 2000, for the 
Secretary of the Interior to carry out certain provisions of 
the Indian Tribal Justice Act. S. 1508 also would authorize the 
Attorney General to make grants to organizations through 2004 
to develop and strengthen tribal justice systems. CBO estimates 
this effort would cost about $5 million annually, assuming 
appropriation of the necessary funds. In 2000, neither the 
Department of the Interior (DOI) nor the Department of Justice 
(DOJ) received appropriated funds to implement these programs.
    Based on information from DOI and DOJ, CBO estimates that 
implementing S. 1508 would cost $287 million over the 2001-2005 
period, assuming appropriation of the authorized amounts for 
each of fiscal years 2001 through 2005. The act would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply. S. 1508 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1508 is shown in the following table. 
The cost of this legislation fall within budget functions 450 
(community and regional development) and 750 (administration of 
justice).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2001    2002    2003    2004    2005
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...      63      63      63      63      58
Estimated Outlays...............      46      59      61      63      58
------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
1508 will be enacted near the start of fiscal year 2001 and 
that the authorized amounts will be provided for each year. 
Estimates of outlays are based on historical spending patterns 
for similar programs.
    S. 1508 would authorize the appropriation of $58 million a 
year for fiscal years 2000 through 2007 for the Secretary of 
the Interior to establish and operate the Office of Tribal 
Justice Support. Under current law, $58 million is already 
authorized in 2000 for this work, but no funds have been 
appropriated thus far. The purpose of the office would be to 
develop, operate, and enhance tribal justice systems and 
traditional judicial practices of tribal governments. Based on 
information from DOI, CBO estimates that implementing this 
provision would cost $267 million over the 2001-2005 period, 
assuming appropriation of the authorized amount for each year.
    S. 1508 also would authorize the Attorney General to make 
grants to organizations representing personnel of tribal 
judicial systems and to nonprofit organizations providing legal 
services to tribes. The Attorney General would provide grants 
and technical assistance to tribes to assist them in developing 
and operating tribal justice systems and related programs. This 
provision would authorize the appropriation of such sums as are 
necessary through 2004. Based on information from DOJ, CBO 
estimates that implementing these provisions would require an 
annual appropriation of $5 million, and would result in 
spending of $20 million over the 2001-2005 period.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 1508 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Previous CBO estimate: On October 25, 1999, CBO transmitted 
a cost estimate for S. 1508, the Indian Tribal Justice and 
Legal Assistance Act of 1999, as ordered reported by the Senate 
Committee on Indian Affairs on October 13, 1999. The estimates 
differ because CBO now assumes a later enactment date for this 
legislation.
    Estimate prepared by: Lanette J. Keith.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

              SECTION 201 OF THE INDIAN TRIBAL JUSTICE ACT

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] 2000 through 2007. 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] 2000 
through 2007.
  (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] 2000 through 2007.
  (d) Administrative Expenses for Tribal Judicial 
Conferences.--There is 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] 2000 through 2007.

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