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S. 184, Native American Children's Safety Act 1 (February 9, 2015)

handle is hein.congrec/cbo2097 and id is 1 raw text is: 




                  CONGRESSIONAL BUDGET OFFICE
                             COST ESTIMATE
                                                                   February 9, 2015


                                     S. 184
                   Native American Children's Safety Act

  As ordered reported by the Senate Committee on Indian Affairs on February 4, 2015


S. 184 would expand the background check requirements for people who hold tribal
positions related to the foster care of Native American children. The bill would require
tribal social services agencies to complete criminal records checks of each individual who
resides in or is employed by a foster care institution that serves Native American children.
Under current law, those checks are required only if the tribal agency receives federal
funds. S. 184 also would require tribal agencies to develop procedures to recertify the
safety of foster care institutions. Under the bill, the Secretary of the Interior would
promulgate guidance to tribes regarding procedures to conduct criminal records checks and
to certify foster care institutions.

Based on information provided by the Bureau of Indian Affairs, CBO estimates that
implementing the legislation would have no significant effect on the federal budget. CBO
estimates that promulgating the procedural guidance required by the legislation would cost
less than $500,000 over the 2015-2020 period, and would be subject to the availability of
appropriated funds. Enacting S. 184 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.

S. 184 would impose an intergovernmental mandate, as defined in the Unfunded Mandates
Reform Act (UMRA) because it would require tribal social services agencies to complete
criminal records checks and to recertify existing foster homes and institutions periodically.
The bill also would impose private-sector mandates by requiring individuals to submit to
criminal records checks and requiring foster care homes and institutions to comply with
recertification procedures.

Tribes could incur costs associated with paying background check fees to federal and state
governments as well as administrative costs for processing background check applications
and recertifying existing foster care homes. However, because many tribal social services
agencies are required to conduct criminal records checks as a condition of receiving federal
foster care payments and other federal assistance from the Bureau of Indian Affairs, we
estimate that the costs of the mandates to tribal governments would fall well below the
annual threshold established in UMRA ($77 million in 2015, adjusted annually for
inflation).

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