[Senate Report 117-12]
[From the U.S. Government Publishing Office]
Calendar No. 40
117th Congress } { Report
SENATE
1st Session } { 117-12
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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
_______
April 14, 2021.--Ordered to be printed
_______
Mr. Schatz, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 325
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill (S. 325) 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 that the bill do pass.
PURPOSE
The purpose of S. 325 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 Native children. Yet, Native children are among the most at-
risk populations in the country, facing significant disparities
in these areas. Tribal governments also face numerous obstacles
in responding to the needs of Native children. The underfunding
of federal Native child programs and insufficient access to
grant opportunities slow Tribal efforts to address issues
related to the well-being of children within 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. No later than three years after
the appointment of all Commission members, 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
extending the deadline to the Committee.
SUMMARY OF THE BILL
The bill, S. 325, 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 February 12, 2021, Senators Murkowski, Schatz, Sullivan,
and Tester introduced S. 325, A 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. The Senate referred the bill to the Committee on the
same day. The Committee held a duly called business meeting to
consider nine bills, including S. 325, on March 10, 2021. No
amendments were filed to S. 325. The Committee passed the bill
with eight other bills by voice vote and ordered it to be
favorably reported.
On January 21, 2021, Representatives Young, Case, and
Kahele introduced H.R. 438, an identical companion bill to S.
325, in the House of Representatives. The House of
Representatives referred the bill to the Committee on Natural
Resources on the same day. No further action has been taken on
H.R. 438.
116th Congress. On June 11, 2020, Senator Murkowski
introduced S. 3948, an identical predecessor bill to S. 325,
which was referred to the Committee. Because S. 3948 was
limited in its scope and effect upon the duties and operations
of the Commission, the Committee did not hold a legislative
hearing on the bill and moved directly to considering the bill
at a duly called business meeting on July 29, 2020. The
Committee ordered S. 3948 reported favorably without amendment.
After reporting the bill on September 24, 2020, the Senate
passed S. 3948 without amendment by voice vote on December 20,
2020. The House of Representatives received the bill on
December 21, 2020, and held it at the desk. However, the
chamber took no further action on the matter prior to the
conclusion of the 116th Congress.
On September 30, 2020, Representatives Young, Gabbard, and
Case introduced H.R. 8469, an identical companion bill to S.
3948, in the House of Representatives. The House of
Representatives referred the bill to the Committee on Natural
Resources on the same day. No further action was taken on H.R.
8469.
SECTION-BY-SECTION ANALYSIS
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
The following cost estimate, as provided by the
Congressional Budget Office, dated March 29, 2021, was prepared
for S. 325:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 29, 2021.
Hon. Brian Schatz,
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. 325, a 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,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 325 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. The commission members
were appointed in 2019 and using information from the
commission, CBO expects that the report would be due sometime
in 2022.
Using information from the commission, CBO estimates that
implementing S. 325 would cost less than $500,000 over the
2021-2026 period, subject to the availability of appropriated
funds. Those costs would primarily be for travel expenses and
preparing the report.
Enacting S. 325 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. 325 will
have minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 325.
CHANGES IN EXISTING LAW
On February 11, 2021, 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.
[all]