text: SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.
  
      (a) Short Title.--This Act may be cited as the ``American Indian 
  Equal Justice Act''.
      (b) Findings.--Congress finds that--
              (1) a universal principle of simple justice and accountable 
          government requires that all persons be afforded legal remedies 
          for violations of their legal rights;
              (2) the fifth amendment of the Constitution builds upon 
          that principle by guaranteeing that ``. . . no person shall be 
          deprived of life, liberty, or property without due process of 
          law'';
              (3) sovereign immunity, a legal doctrine that has its 
          origins in feudal England when it was policy that the ``King 
          could do no wrong'', affronts that principle and is 
          incompatible with the rule of law in democratic society;
              (4) for more than a century, the Government of the United 
          States and the States have dramatically scaled back the 
          doctrine of sovereign immunity without impairing their dignity, 
          sovereignty, or ability to conduct valid government policies;
              (5) the only remaining governments in the United States 
          that maintain and assert the full scope of immunity from 
          lawsuits are Indian tribal governments;
              (6) according to the 1990 decennial census conducted by the 
          Bureau of the Census, nearly half of the individuals residing 
          on Indian reservations are non-Indian;
              (7) for the non-Indian individuals referred to in paragraph 
          (6) and the thousands of people of the United States, Indian 
          and non-Indian, who interact with tribal governments everyday, 
          the rights to due process and legal remedy are constantly at 
          risk because of tribal immunity;
              (8) by providing a complete shield from legal claims, the 
          doctrine of sovereign immunity frustrates justice and provokes 
          social tensions and turmoil inimical to social peace;
              (9) the Supreme Court has affirmed that Congress has clear 
          and undoubted constitutional authority to define, limit, or 
          waive the immunity of Indian tribes; and
              (10) it is necessary to address the issue referred to in 
          paragraph (9) in order to--
                      (A) secure the rights provided under the 
                  Constitution for all persons; and
                      (B) uphold the principle that no government should 
                  be above the law.
      (c) Purpose.--The purpose of this Act is to assist in ensuring due 
  process and legal rights throughout the United States and to strengthen 
  the rule of law by making Indian tribal governments subject to judicial 
  review with respect to certain civil matters.
  
  SEC. 2. DEFINITIONS.
  
      In this Act:
              (1) Indian tribe.--The term ``Indian tribe'' means any 
          Indian tribe or band with a governing body duly recognized by 
          the Secretary of the Interior.
              (2) Tribal immunity.--The term ``tribal immunity'' means 
          the immunity of an Indian tribe from jurisdiction of the 
          courts, judicial review of an action of that Indian tribe, and 
          other remedies.
  
  SEC. 3. COLLECTION OF STATE TAXES.
  
      Section 1362 of title 28, United States Code, is amended--
              (1) by inserting ``(a)'' before ``The district courts'';
              (2) by inserting ``(referred to in this section as an 
          `Indian tribe')'' after ``Interior''; and
              (3) by adding at the end the following:
      ``(b)(1) An Indian tribe, tribal corporation, or member of an 
  Indian tribe, shall collect, and remit to a State, any excise, use, or 
  sales tax imposed by the State on nonmembers of the Indian tribe as a 
  consequence of the purchase of goods or services by the nonmember from 
  the Indian tribe, tribal corporation, or member.
      ``(2) A State may bring an action in a district court of the United 
  States to enforce the requirements under paragraph (1).
      ``(3) To the extent necessary to enforce this subsection with 
  respect to an Indian tribe, tribal corporation, or member of an Indian 
  tribe, the tribal immunity of that Indian tribe, tribal corporation, or 
  member is waived.''.
  
  SEC. 4. INDIAN TRIBES AS DEFENDANTS.
  
      (a) Provisions To Parallel the Provisions That Are Popularly Known 
  as the Tucker Act.--Section 1362 of title 28, United States Code, as 
  amended by section 3, is further amended by adding at the end the 
  following:
      ``(c)(1) The district courts of the United States shall have 
  original jurisdiction in any civil action or claim against an Indian 
  tribe, with respect to which the matter in controversy arises under the 
  Constitution, laws, or treaties of the United States.
      ``(2) The district courts shall have jurisdiction of any civil 
  action or claim against an Indian tribe for liquidated or unliquidated 
  damages for cases not sounding in tort that involve any contract made 
  by the governing body of the Indian tribe or on behalf of an Indian 
  tribe.
      ``(d) Subject to the provisions of chapter 171A, the district 
  courts shall have jurisdiction of civil actions in claims against an 
  Indian tribe for money damages, accruing on or after the date of 
  enactment of the American Indian Equal Justice Act for injury or loss 
  of property, personal injury, or death caused by the negligent or 
  wrongful act or omission of an Indian tribe under circumstances in 
  which the Indian tribe, if a private individual or corporation would be 
  liable to the claimant in accordance with the law of the State where 
  the act or omission occurred.
      ``(e) To the extent necessary to enforce this section, the tribal 
  immunity (as that term is defined in section 2 of the American Indian 
  Equal Justice Act) of the Indian tribe (as that term is defined in such 
  section 2) involved is waived.''.
  
  SEC. 5. TORT CLAIMS PROCEDURE.
  
      (a) In General.--Part 6 of title 28, United States Code, is amended 
  by inserting after chapter 171 the following:
  
                ``CHAPTER 171A--INDIAN TORT CLAIMS PROCEDURE
  
  ``Sec.
  ``2691. Definitions.
  ``2692. Liability of Indian tribes.
  ``2693. Compromise.
  ``2694. Exceptions; waiver.
  ``Sec. 2691. Definitions
      ``In this chapter:
              ``(1)(A) Subject to subparagraph (B), the term `employee of 
          an Indian tribe' includes--
                      ``(i) an officer or employee of an Indian tribe; 
                  and
                      ``(ii) any person acting on behalf of an Indian 
                  tribe in an official capacity, temporarily or 
                  permanently, whether with or without compensation 
                  (other than an employee of the Federal Government or 
                  the government of a State or political subdivision 
                  thereof who is acting within the scope of the 
                  employment of that individual).
              ``(B) The term includes an individual who is employed by an 
          Indian tribe to carry out a self-determination contract (as 
          that term is defined in section 4(j) of the Indian Self-
          Determination and Education Assistance Act (25 U.S.C. 
          450b(j))).
              ``(2) The term `Indian tribe' means any Indian tribe or 
          band with a governing body duly recognized by the Secretary of 
          the Interior.
  ``Sec. 2692. Liability of Indian tribes
      ``(a) An Indian tribe shall be liable, relating to tort claims, in 
  the same manner and to the same extent, as a private individual or 
  corporation under like circumstances, but shall not be liable for 
  interest before judgment or for punitive damages.
      ``(b) In any case described in subsection (a) in which a death was 
  caused and the law of the State where the act or omission complained of 
  occurred provides for punitive damages, the Indian tribe shall, in lieu 
  of being liable for punitive damages, be liable for actual or 
  compensatory damages resulting from that death to each person on behalf 
  of whom action was brought.
  ``Sec. 2693. Compromise
      ``The governing body of an Indian tribe or a designee of that 
  governing body may arbitrate, compromise, or settle any claim 
  cognizable under section 1362(d).
  ``Sec. 2694. Exceptions; waiver
      ``(a) The provisions of this chapter and section 1362(d) shall not 
  apply to any case relating to a controversy relating to membership in 
  an Indian tribe.
      ``(b) With respect to an Indian tribe, to the extent necessary to 
  carry out this chapter, the tribal immunity (as that term is defined in 
  section 2 of the American Indian Equal Justice Act) of that Indian 
  tribe is waived.''.
      (b) Clerical Amendment.--The table of chapters for title 28, United 
  States Code, is amended by inserting after the item relating to chapter 
  171 the following:
  
  ``171A. Indian Tort Claims Procedure........................    2691''.
  
  SEC. 6. INDIAN TRIBES AS DEFENDANTS IN STATE COURTS.
  
      (a) Consent to Suit in State Court.--Consent is hereby given to 
  institute a civil cause of action against an Indian tribe in a court of 
  general jurisdiction of the State, on a claim arising within the State, 
  including a claim arising on an Indian reservation or Indian country, 
  in any case in which the cause of action--
              (1) arises under Federal law or the law of a State; and
              (2) relates to--
                      (A) tort claims; or
                      (B) claims for cases not sounding in tort that 
                  involve any contract made by the governing body of an 
                  Indian tribe or on behalf of an Indian tribe.
      (b) Tort Claims.--In any action brought in a State court for a tort 
  claim against an Indian tribe, that Indian tribe shall be liable to the 
  same extent as a private individual or corporation under like 
  circumstances, but shall not be liable for interest prior to judgment 
  or for punitive damages.
      (c) Federal Consent.--Notwithstanding the provisions of the Act of 
  August 15, 1953 (67 Stat. 588 et seq., chapter 505), section 1360 of 
  title 28, United States Code, and sections 401 through 404 of the Civil 
  Rights Act of 1968 (25 U.S.C. 1321 through 1324) and section 406 of 
  such Act (25 U.S.C. 1326) that require the consent of an Indian tribe 
  for a State to assume jurisdiction over matters of civil law, this 
  section constitutes full and complete consent by the United States for 
  a State court to exercise jurisdiction over any claim referred to in 
  subsection (a).
      (d) Removal.--An action brought under this section--
              (1) shall not be removable under section 1441 of title 28, 
          United States Code; and
              (2) shall be considered to meet the requirements for an 
          exception under section 1441(a) of title 28, United States 
          Code.
  
  SEC. 7. INDIAN CIVIL RIGHTS.
  
      Title II of the Civil Rights Act of 1968 (commonly known as the 
  ``Indian Civil Rights Act'') (25 U.S.C. 1301 et seq.) is amended by 
  adding at the end the following:
  
  ``SEC. 204. ENFORCEMENT.
  
      ``The district courts of the United States shall have jurisdiction 
  in any civil rights action alleging a failure to comply with rights 
  secured by the requirements under this title. With respect to an Indian 
  tribe, to the extent necessary to enforce this title, the tribal 
  immunity of that Indian tribe (as that term is defined in section 2 of 
  the American Indian Equal Justice Act) is waived.''.
  
  SEC. 8. APPLICABILITY.
  
      This Act and the amendments made under this Act shall apply to 
  cases commenced against an Indian tribe on or after the date of 
  enactment of this Act.
target: American Indian Equal Justice Act - Amends Federal law concerning the jurisdiction of U.S. district courts to make it a requirement that an Indian tribe, tribal corporation, or member of an Indian tribe collect and remit to a State any excise, use, or sales tax imposed by the State on nonmembers of the Indian tribe as a consequence of the purchase of goods or services by nonmembers from the Indian tribe, tribal corporation, or member.  Permits a State to bring an action in a U.S. district court to enforce the requirement. 
  Grants U.S. district courts:  (1) original jurisdiction in any civil action or claim against an Indian tribe, in matters arising under the Constitution, laws, or treaties of the United States; (2) jurisdiction of any civil action or claim against an Indian tribe for liquidated or unliquidated damages for cases not sounding in tort that involve any contract made by the governing body of the Indian tribe or on behalf of an Indian tribe; and (3) subject to Indian tribe tort claims procedure provisions under this Act, jurisdiction of civil actions in claims against an Indian tribe for money damages, accruing on or after the enactment of this Act for loss of property, personal injury, or death caused by the negligent or wrongful act or omission of an Indian tribe under circumstances in which the Indian tribe, if it were a private individual or corporation, would be liable to the claimant in accordance with the law of the State where the act or omission occurred. 
  Sets forth Indian tort claims procedure provisions.  Excepts any case relating to a controversy about membership in an Indian tribe. 
  Grants consent to institute a civil cause of action against an Indian tribe in a State court on a claim arising within the State, including a claim arising on an Indian reservation or Indian country, in any case in which the cause of action:  (1) arises under Federal or State law; and (2) relates to tort claims or claims not sounding in tort that involve any contract made by the governing body of an Indian tribe on or behalf of a tribe.  Provides, in any tort action brought in a State court against an Indian tribe, for that tribe to be liable to the same extent as a private individual or corporation under like circumstances, but not to be liable for interest prior to judgment or for punitive damages. 
  Amends title II of the Civil Rights Act of 1968 (the Indian Civil Rights Act) to grant U.S. district courts jurisdiction in any civil rights action alleging a failure to comply with rights secured by the requirements under such title.
feat_title: American Indian Equal Justice Act