[Senate Report 117-12]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 40
117th Congress      }                                    {       Report
                                 SENATE
 1st Session        }                                    {       117-12

======================================================================

 
   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]