[House Report 106-819]
[From the U.S. Government Publishing Office]
106th Congress Rept. 106-819
HOUSE OF REPRESENTATIVES
2d Session Part 1
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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.
* * * * * * *