[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 502 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 502

 To provide for periodic Indian needs assessments, to require Federal 
          Indian program evaluations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2001

Mr. Campbell (for himself, Mr. Bingaman, and Mr. Inouye) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 To provide for periodic Indian needs assessments, to require Federal 
          Indian program evaluations, and for other purposes.

    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 Needs Assessment and Program 
Evaluation Act of 2001''.

SEC. 2. FINDINGS, PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the United States and the Indian tribes have a unique 
        legal and political government-to-government relationship;
            (2) pursuant to the Constitution, treaties, statutes, 
        Executive orders, court decisions, and course of conduct, the 
        United States has a trust obligation to provide certain 
        services to Indian tribes and to Indians;
            (3) Federal departments and agencies charged with 
        administering programs and providing services to, or for the 
        benefit of, Indians have not furnished Congress with adequate 
        information necessary to assess such programs on the needs of 
        Indians and Indian tribes;
            (4) such lack of information has hampered the ability of 
        Congress to determine the nature, type, and magnitude of such 
        needs as well as its ability to respond to them; and
            (5) Congress cannot properly fulfill its obligation to 
        Indian tribes and Indian people unless and until it has an 
        adequate store of information related to the needs of Indians 
        nationwide.
    (b) Purposes.--The purposes of this Act are to--
            (1) ensure that Indian needs for Federal programs and 
        services are known in a more certain and predictable fashion;
            (2) require that Federal departments and agencies carefully 
        review and monitor the effectiveness of the programs and 
        services provided to Indians;
            (3) provide for more efficient and effective cooperation 
        and coordination of, and accountability from, the Federal 
        departments and agencies providing programs and services, 
        including technical and business development assistance, to 
        Indians; and
            (4) provide Congress with reliable information regarding 
        Indian needs and the evaluation of Federal programs and 
        services provided to Indians nationwide.

SEC. 3. INDIAN TRIBAL NEEDS ASSESSMENT.

    (a) Indian Tribal Needs Assessments.--
            (1) Immediate assessment.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary of the 
                Interior shall contract with an appropriate entity, in 
                consultation and coordination with the Indian tribes, 
                the Secretary of Agriculture, the Secretary of 
                Commerce, the Secretary of Defense, the Secretary of 
                Energy, the Secretary of Health and Human Services, the 
                Secretary of Housing and Urban Development, the 
                Secretary of Labor, the Secretary of the Treasury, the 
                Secretary of Transportation, the Secretary of Veterans 
                Affairs, the Attorney General, the Administrator of the 
                Environmental Protection Agency, and the heads of any 
                other relevant Federal departments or agencies, for the 
                development of a uniform method and criteria, and 
                uniform procedures for determining, analyzing, and 
                compiling the program and service assistance needs of 
                Indian tribes and Indians by each such department or 
                agency. The needs assessment shall address, but not be 
                limited to, the following:
                            (i) The location of the service area of 
                        each program.
                            (ii) The size of the service area of each 
                        program.
                            (iii) The total population of each tribe 
                        located in the service area.
                            (iv) The total population of members of 
                        other tribes located in the service area.
                            (v) The availability of similar programs 
                        within the geographical area to tribes or 
                        tribal members.
                            (vi) The socio-economic conditions that 
                        exist within the service area.
                    (B) Consultation.--The contractor shall consult 
                with tribal governments in establishing and conducting 
                the needs assessment required under subparagraph (A).
            (2) Ongoing federal needs assessments.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, and every 5 years 
                thereafter, each Federal department or agency, in 
                coordination with the Secretary of the Interior, shall 
                conduct an Indian Needs Assessment (in this Act 
                referred to as the ``INA'') aimed at determining the 
                actual needs of Indian tribes and Indians eligible for 
                programs and services administered by such department 
                or agency.
                    (B) Submission to congress.--Not later than 
                February 1 of any year in which an INA is required to 
                be conducted under subparagraph (A), a copy of the INA 
                shall be submitted to the Committee on Appropriations 
                and the Committee on Resources of the House of 
                Representatives and the Committee on Appropriations and 
                the Committee on Indian Affairs of the Senate.
    (b) Federal Agency Indian Tribal Program Evaluation.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of the Interior shall 
        develop a uniform method and criteria, and uniform procedures 
        for compiling, maintaining, keeping current, and reporting to 
        Congress all information concerning--
                    (A) the annual expenditures of the department or 
                agency for programs and services for which Indians are 
                eligible, with specific information regarding the names 
                of tribes who are currently participating in or 
                receiving each service, the names of tribes who have 
                applied for and not received programs or services, and 
                the names of tribes whose services or programs have 
                been terminated within the last fiscal year;
                    (B) services or programs specifically for the 
                benefit of Indians, with specific information regarding 
                the names of tribes who are currently participating in 
                or receiving each service, the names of tribes who have 
                applied for and not received programs or services, and 
                the names of tribes whose services or programs have 
                been terminated within the last fiscal year; and
                    (C) the department or agency method of delivery of 
                such services and funding, including a detailed 
                explanation of the outreach efforts of each agency or 
                department to Indian tribes.
            (2) Submission to Congress.--Not later than 2 years after 
        the date of enactment of this Act, and annually thereafter, 
        each Federal department or agency responsible for providing 
        services or programs to, or for the benefit of, Indian tribes 
        or Indians shall file an Annual Indian Program Evaluation (in 
        this Act referred to as the ``AIPE'') with the Committee on 
        Appropriations and the Committee on Resources of the House of 
        Representatives and the Committee on Appropriations and the 
        Committee on Indian Affairs of the Senate.
    (c) Annual Listing of Tribal Eligible Programs.--Not later than 
February 1 of each calendar year, each Federal department or agency 
described in subsection (b)(2), shall develop and publish in the 
Federal Register a list of all programs and services offered by such 
department or agency for which Indian tribes or their members are or 
may be eligible, and shall provide a brief explanation of the program 
or service.
    (d) Confidentiality.--Any information received, collected, or 
gathered from Indian tribes concerning program function, operations, or 
need in order to conduct an INA or an AIPE shall be used only for the 
purposes of this Act set forth in section 2(b).

SEC. 4. REPORT TO CONGRESS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of the Interior shall develop and submit to 
the Committee on Appropriations and the Committee on Resources of the 
House of Representatives and the Committee on Appropriations and the 
Committee on Indian Affairs of the Senate a report detailing the 
coordination of Federal program and service assistance for which Indian 
tribes and their members are eligible.
    (b) Strategic Plan.--Not later than 30 months after the date of 
enactment of this Act, the Secretary of the Interior, in consultation 
and coordination with the Indian tribes, shall file a Strategic Plan 
for the Coordination of Federal Assistance for Indians (in this Act 
referred to as the ``Strategic Plan'').
    (c) Contents of Strategic Plan.--The Strategic Plan required under 
subsection (b) shall contain the following:
            (1) Identification of reforms necessary to the laws, 
        regulations, policies, procedures, practices, and systems of 
        the Federal departments or agencies involved.
            (2) Proposals for implementing the reforms identified in 
        the Strategic Plan.
            (3) Any other recommendations that are consistent with the 
        purposes of this Act set forth in section 2(b).

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal year 2002 and 
each fiscal year thereafter, such sums as are necessary to carry out 
this Act.
                                 <all>