79–006

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

REPORT

[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

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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.

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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).

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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,