[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.