[Senate Report 116-271]
[From the U.S. Government Publishing Office]
Calendar No. 558
116th Congress } { Report
SENATE
2d Session } { 116-271
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AMENDING THE ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON
NATIVE CHILDREN ACT TO EXTEND THE DEADLINE FOR A REPORT BY THE ALYCE
SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN, AND FOR
OTHER PURPOSES
_______
September 24, 2020.--Ordered to be printed
_______
Mr. Hoeven, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 3948]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill, (S. 3948) to amend the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children Act to extend the
deadline for a report by the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends the bill do pass.
PURPOSE
The purpose of S. 3948 is to provide a two-year extension
for the Alyce Spotted Bear and Walter Soboleff Commission on
Native Children, housed within the Office of Tribal Justice at
the U.S. Department of Justice, to publish its report, and make
recommendations for legislative and policy improvements to
federal, state, and tribal programs that serve Native children.
BACKGROUND AND NEED FOR LEGISLATION
The federal government has a trust and treaty
responsibility to provide for the education, health, and safety
of Indian children. Yet, Native children are among the most at-
risk populations in the country, facing significant disparities
in these areas. In addition, Tribal governments face numerous
obstacles in responding to the needs of Native children.
Insufficient access to current grant opportunities, and
underfunding of federal programs that serve Native children
slow the efforts of Indian Tribes to tackle issues related to
child well-being in Tribal communities. Furthermore, federal
agencies lack clear coordination plans to best address the
needs of Native children, and do not offer sufficient training
and technical assistance for Tribes and Tribal governments.
Recognizing these challenges, the Alyce Spotted Bear and
Walter Soboleff Commission on Native Children Act was signed
into law on October 14, 2016. This law established a commission
within the U.S. Department of Justice's Office of Tribal
Justice to conduct a comprehensive study of federal, state, and
Tribal programs that serve Native children.
Under the law, the President and Congress are required to
appoint Commission members who have significant experience and
expertise in Indian affairs. Not later than three years after
the date on which all members of the Commission are appointed,
the Commission is required to submit to the President, the
House Committee on Appropriations, the House Committee on
Natural Resources, the Senate Committee on Appropriations, and
the Senate Committee on Indian Affairs, a final report on its
findings, conclusions, and recommendations for legislative and
administrative action.
The COVID-19 pandemic has understandably impacted the
ability of the Commission to complete its work on schedule.
Since March 2020, COVID-19 and travel restrictions across the
country, have resulted in an inability for the Commission to
travel, hold meetings, and conduct regular business.
Commissioners Bigfoot, Staebner, Morris, McDonald, Gray, and
Chairwoman O'Neill have submitted letters of support for
extension of the deadline to the Committee.
SUMMARY OF THE BILL
The bill, S. 3948, extends the reporting requirement
deadline required by P.L. 114-244, Alyce Spotted Bear and
Walter Soboleff Commission on Native Children Act, from three
to five years.
LEGISLATIVE HISTORY
On June 11, 2020, Senator Murkowski introduced S. 3948,
which was referred to the Committee. There are no cosponsors of
the legislation at this time. No member of the House of
Representatives has introduced a companion bill at this time.
Because S. 3948 is limited in its scope and effect upon the
duties and operations of the Commission, the Committee moved
forward to consider the bill at a duly called business meeting
on July 29, 2020, without first holding a legislative hearing,
and receiving testimony from relevant stakeholders. The
Committee ordered S. 3948 reported favorably without amendment.
SECTION-BY-SECTION ANALYSIS OF S. 982, AS AMENDED
Section 1. Alyce Spotted Bear and Walter Soboleff Commission on Native
Children Report
This section amends Section 3(f) of P.L. 114-244, the Alyce
Spotted Bear and Walter Soboleff Commission on Native Children
Act, and extends the reporting requirement deadline from three
to five years.
COST AND BUDGETARY CONSIDERATIONS
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 9, 2020.
Hon. John Hoeven,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3948, the bill to
amend the Alyce Spotted Bear and Walter Soboleff Commission on
Native Children Act to extend the deadline for a report by the
Alyce Spotted Bear and Walter Soboleff Commission on Native
Children, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jennifer
Gray.
Sincerely,
Phillip L. Swagel.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 3948 would extend the time for the Alyce Spotted Bear
and Walter Soboleff Commission on Native Children to complete
its report from three years to five years.
Using information from the commission, CBO estimates that
implementing S. 3948 would cost less than $500,000 over the
2020-2025 period, subject to the availability of appropriated
funds. Those costs would primarily be for travel expenses and
preparing the report.
Enacting S. 3948 would affect direct spending because the
commission would be able to accept and spend gifts for two
additional years. However, CBO estimates that the net effect on
direct spending would be insignificant.
The CBO staff contact for this estimate is Jennifer Gray.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 3948 will
have minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 3948.
CHANGES IN EXISTING LAW
On February 6, 2019, the Committee unanimously approved a
motion to waive subsection 12 of rule XXVI of the Standing
Rules of the Senate. In the opinion of the Committee, it is
necessary to dispense with subsection 12 of rule XXVI of the
Standing Rules of the Senate to expedite the business of the
Senate.