[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 246 Enrolled Bill (ENR)]

        S.246

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen


                                 An Act


 
 To establish the Alyce Spotted Bear and Walter Soboleff Commission on 
                Native Children, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Alyce Spotted Bear and Walter 
Soboleff Commission on Native Children Act''.
SEC. 2. DEFINITIONS.
    In this Act:
        (1) Commission.--The term ``Commission'' means the Alyce 
    Spotted Bear and Walter Soboleff Commission on Native Children 
    established by section 3.
        (2) Indian.--The term ``Indian'' has the meaning given the term 
    in section 4 of the Indian Self-Determination and Education 
    Assistance Act (25 U.S.C. 450b).
        (3) Indian tribe.--The term ``Indian tribe'' has the meaning 
    given the term in section 4 of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 450b).
        (4) Native child.--The term ``Native child'' means--
            (A) an Indian child, as that term is defined in section 4 
        of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903);
            (B) an Indian who is between the ages of 18 and 24 years 
        old; and
            (C) a Native Hawaiian who is not older than 24 years old.
        (5) Native hawaiian.--The term ``Native Hawaiian'' has the 
    meaning given the term in section 7207 of the Elementary and 
    Secondary Education Act of 1965 (20 U.S.C. 7517).
        (6) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (7) Tribal college or university.--The term ``Tribal College or 
    University'' has the meaning given the term in section 316(b) of 
    the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).
SEC. 3. COMMISSION ON NATIVE CHILDREN.
    (a) In General.--There is established a commission in the Office of 
Tribal Justice of the Department of Justice, to be known as the ``Alyce 
Spotted Bear and Walter Soboleff Commission on Native Children''.
    (b) Membership.--
        (1) In general.--The Commission shall be composed of 11 
    members, of whom--
            (A) 3 shall be appointed by the President, in consultation 
        with--
                (i) the Attorney General;
                (ii) the Secretary;
                (iii) the Secretary of Education; and
                (iv) the Secretary of Health and Human Services;
            (B) 3 shall be appointed by the Majority Leader of the 
        Senate, in consultation with the Chairperson of the Committee 
        on Indian Affairs of the Senate;
            (C) 1 shall be appointed by the Minority Leader of the 
        Senate, in consultation with the Vice Chairperson of the 
        Committee on Indian Affairs of the Senate;
            (D) 3 shall be appointed by the Speaker of the House of 
        Representatives, in consultation with the Chairperson of the 
        Committee on Natural Resources of the House of Representatives; 
        and
            (E) 1 shall be appointed by the Minority Leader of the 
        House of Representatives, in consultation with the Ranking 
        Member of the Committee on Natural Resources of the House of 
        Representatives.
        (2) Requirements for eligibility.--
            (A) In general.--Subject to subparagraph (B), each member 
        of the Commission shall have significant experience and 
        expertise in--
                (i) Indian affairs; and
                (ii) matters to be studied by the Commission, 
            including--

                    (I) health care issues facing Native children, 
                including mental health, physical health, and 
                nutrition;
                    (II) Indian education, including experience with 
                Bureau of Indian Education schools and public schools, 
                tribally operated schools, tribal colleges or 
                universities, early childhood education programs, and 
                the development of extracurricular programs;
                    (III) juvenile justice programs relating to 
                prevention and reducing incarceration and rates of 
                recidivism; and
                    (IV) social service programs that are used by 
                Native children and designed to address basic needs, 
                such as food, shelter, and safety, including child 
                protective services, group homes, and shelters.

            (B) Experts.--
                (i) Native children.--1 member of the Commission 
            shall--

                    (I) meet the requirements of subparagraph (A); and
                    (II) be responsible for providing the Commission 
                with insight into and input from Native children on the 
                matters studied by the Commission.

                (ii) Research.--1 member of the Commission shall--

                    (I) meet the requirements of subparagraph (A); and
                    (II) have extensive experience in statistics or 
                social science research.

        (3) Terms.--
            (A) In general.--Each member of the Commission shall be 
        appointed for the life of the Commission.
            (B) Vacancies.--A vacancy in the Commission shall be filled 
        in the manner in which the original appointment was made.
    (c) Operation.--
        (1) Chairperson.--Not later than 15 days after the date on 
    which all members of the Commission have been appointed, the 
    Commission shall select 1 member to serve as Chairperson of the 
    Commission.
        (2) Meetings.--
            (A) In general.--The Commission shall meet at the call of 
        the Chairperson.
            (B) Initial meeting.--The initial meeting of the Commission 
        shall take place not later than 30 days after the date 
        described in paragraph (1).
        (3) Quorum.--A majority of the members of the Commission shall 
    constitute a quorum, but a lesser number of members may hold 
    hearings.
        (4) Rules.--The Commission may establish, by majority vote, any 
    rules for the conduct of Commission business, in accordance with 
    this Act and other applicable law.
    (d) Native Advisory Committee.--
        (1) Establishment.--The Commission shall establish a committee, 
    to be known as the ``Native Advisory Committee''.
        (2) Membership.--
            (A) Composition.--The Native Advisory Committee shall 
        consist of--
                (i) 1 representative of Indian tribes from each region 
            of the Bureau of Indian Affairs who is 25 years of age or 
            older; and
                (ii) 1 Native Hawaiian who is 25 years of age or older.
            (B) Qualifications.--Each member of the Native Advisory 
        Committee shall have experience relating to matters to be 
        studied by the Commission.
        (3) Duties.--The Native Advisory Committee shall--
            (A) serve as an advisory body to the Commission; and
            (B) provide to the Commission advice and recommendations, 
        submit materials, documents, testimony, and such other 
        information as the Commission determines to be necessary to 
        carry out the duties of the Commission under this section.
        (4) Native children subcommittee.--The Native Advisory 
    Committee shall establish a subcommittee that shall consist of at 
    least 1 member from each region of the Bureau of Indian Affairs and 
    1 Native Hawaiian, each of whom shall be a Native child, and have 
    experience serving on the council of a tribal, regional, or 
    national youth organization.
    (e) Comprehensive Study of Native Children Issues.--
        (1) In general.--The Commission shall conduct a comprehensive 
    study of Federal, State, local, and tribal programs that serve 
    Native children, including an evaluation of--
            (A) the impact of concurrent jurisdiction on child welfare 
        systems;
            (B) the barriers Indian tribes and Native Hawaiians face in 
        applying, reporting on, and using existing public and private 
        grant resources, including identification of any Federal cost-
        sharing requirements;
            (C) the obstacles to nongovernmental financial support, 
        such as from private foundations and corporate charities, for 
        programs benefitting Native children;
            (D) the issues relating to data collection, such as small 
        sample sizes, large margins of error, or other issues related 
        to the validity and statistical significance of data on Native 
        children;
            (E) the barriers to the development of sustainable, 
        multidisciplinary programs designed to assist high-risk Native 
        children and families of those high-risk Native children;
            (F) cultural or socioeconomic challenges in communities of 
        Native children;
            (G) any examples of successful program models and use of 
        best practices in programs that serve children and families;
            (H) the barriers to interagency coordination on programs 
        benefitting Native children; and
            (I) the use of memoranda of agreement or interagency 
        agreements to facilitate or improve agency coordination, 
        including the effects of existing memoranda or interagency 
        agreements on program service delivery and efficiency.
        (2) Coordination.--In conducting the study under paragraph (1), 
    the Commission shall, to the maximum extent practicable--
            (A) to avoid duplication of efforts, collaborate with other 
        workgroups focused on similar issues, such as the Task Force on 
        American Indian/Alaska Native Children Exposed to Violence of 
        the Attorney General; and
            (B) to improve coordination and reduce travel costs, use 
        available technology.
        (3) Recommendations.--Taking into consideration the results of 
    the study under paragraph (1) and the analysis of any existing data 
    relating to Native children received from Federal agencies, the 
    Commission shall--
            (A) develop recommendations for goals, and plans for 
        achieving those goals, for Federal policy relating to Native 
        children in the short-, mid-, and long-term, which shall be 
        informed by the development of accurate child well-being 
        measures, except that the Commission shall not consider or 
        recommend the recognition or the establishment of a government-
        to-government relationship with--
                (i) any entity not recognized on or before the date of 
            enactment of this Act by the Federal Government through an 
            Act of Congress, Executive action, judicial decree, or any 
            other action; or
                (ii) any entity not included in the list authorized 
            pursuant to the Federally Recognized Indian Tribe List Act 
            of 1994 (25 U.S.C. 479a et seq.);
            (B) make recommendations on necessary modifications and 
        improvements to programs that serve Native children at the 
        Federal, State, and tribal levels, on the condition that the 
        recommendations recognize the diversity in cultural values, 
        integrate the cultural strengths of the communities of the 
        Native children, and will result in--
                (i) improvements to the child welfare system that--

                    (I) reduce the disproportionate rate at which 
                Native children enter child protective services and the 
                period of time spent in the foster system;
                    (II) increase coordination among social workers, 
                police, and foster families assisting Native children 
                while in the foster system to result in the increased 
                safety of Native children while in the foster system;
                    (III) encourage the hiring and retention of 
                licensed social workers in Native communities;
                    (IV) address the lack of available foster homes in 
                Native communities; and
                    (V) reduce truancy and improve the academic 
                proficiency and graduation rates of Native children in 
                the foster system;

                (ii) improvements to the mental and physical health of 
            Native children, taking into consideration the rates of 
            suicide, substance abuse, and access to nutrition and 
            health care, including--

                    (I) an analysis of the increased access of Native 
                children to Medicaid under the Patient Protection and 
                Affordable Care Act (Public Law 111-148) and the effect 
                of that increase on the ability of Indian tribes and 
                Native Hawaiians to develop sustainable health 
                programs; and
                    (II) an evaluation of the effects of a lack of 
                public sanitation infrastructure, including in-home 
                sewer and water, on the health status of Native 
                children;

                (iii) improvements to educational and vocational 
            opportunities for Native children that will lead to--

                    (I) increased school attendance, performance, and 
                graduation rates for Native children across all 
                educational levels, including early education, post-
                secondary, and graduate school;
                    (II) localized strategies developed by educators, 
                tribal and community leaders, and law enforcement to 
                prevent and reduce truancy among Native children;
                    (III) scholarship opportunities at a Tribal College 
                or University and other public and private 
                postsecondary institutions;
                    (IV) increased participation of the immediate 
                families of Native children;
                    (V) coordination among schools and Indian tribes 
                that serve Native children, including in the areas of 
                data sharing and student tracking;
                    (VI) accurate identification of students as Native 
                children; and
                    (VII) increased school counseling services, 
                improved access to quality nutrition at school, and 
                safe student transportation;

                (iv) improved policies and practices by local school 
            districts that would result in improved academic 
            proficiency for Native children;
                (v) increased access to extracurricular activities for 
            Native children that are designed to increase self-esteem, 
            promote community engagement, and support academic 
            excellence while also serving to prevent unplanned 
            pregnancy, membership in gangs, drug and alcohol abuse, and 
            suicide, including activities that incorporate traditional 
            language and cultural practices of Indians and Native 
            Hawaiians;
                (vi) taking into consideration the report of the Indian 
            Law and Order Commission issued pursuant to section 15(f) 
            of the Indian Law Enforcement Reform Act (25 U.S.C. 
            2812(f)), improvements to Federal, State, and tribal 
            juvenile justice systems and detention programs--

                    (I) to provide greater access to educational 
                opportunities and social services for incarcerated 
                Native children;
                    (II) to promote prevention and reduce incarceration 
                and recidivism rates among Native children;
                    (III) to identify intervention approaches and 
                alternatives to incarceration of Native children;
                    (IV) to incorporate families and the traditional 
                cultures of Indians and Native Hawaiians in the 
                juvenile justice process, including through the 
                development of a family court for juvenile offenses; 
                and
                    (V) to prevent unnecessary detentions and identify 
                successful reentry programs;

                (vii) expanded access to a continuum of early 
            development and learning services for Native children from 
            prenatal to age 5 that are culturally competent, support 
            Native language preservation, and comprehensively promote 
            the health, well-being, learning, and development of Native 
            children, such as--

                    (I) high quality early care and learning programs 
                for children starting from birth, including Early Head 
                Start, Head Start, child care, and preschool programs;
                    (II) programs, including home visiting and family 
                resource and support programs, that increase the 
                capacity of parents to support the learning and 
                development of the children of the parents, beginning 
                prenatally, and connect the parents with necessary 
                resources;
                    (III) early intervention and preschool services for 
                infants, toddlers, and preschool-aged children with 
                developmental delays or disabilities; and
                    (IV) professional development opportunities for 
                Native providers of early development and learning 
                services;

                (viii) the development of a system that delivers wrap-
            around services to Native children in a way that is 
            comprehensive and sustainable, including through increased 
            coordination among Indian tribes, schools, law enforcement, 
            health care providers, social workers, and families;
                (ix) more flexible use of existing Federal programs, 
            such as by--

                    (I) providing Indians and Native Hawaiians with 
                more flexibility to carry out programs, while 
                maintaining accountability, minimizing administrative 
                time, cost, and expense and reducing the burden of 
                Federal paperwork requirements; and
                    (II) allowing unexpended Federal funds to be used 
                flexibly to support programs benefitting Native 
                children, while taking into account--

                        (aa) the Indian Employment, Training and 
                    Related Services Demonstration Act of 1992 (25 
                    U.S.C. 3401 note; 106 Stat. 2302);
                        (bb) the Coordinated Tribal Assistance 
                    Solicitation program of the Department of Justice;
                        (cc) the Federal policy of self-determination; 
                    and
                        (dd) any consolidated grant programs; and
                (x) solutions to other issues that, as determined by 
            the Commission, would improve the health, safety, and well-
            being of Native children;
            (C) make recommendations for improving data collection 
        methods that consider--
                (i) the adoption of standard definitions and compatible 
            systems platforms to allow for greater linkage of data sets 
            across Federal agencies;
                (ii) the appropriateness of existing data categories 
            for comparative purposes;
                (iii) the development of quality data and measures, 
            such as by ensuring sufficient sample sizes and frequency 
            of sampling, for Federal, State, and tribal programs that 
            serve Native children;
                (iv) the collection and measurement of data that are 
            useful to Indian tribes and Native Hawaiians;
                (v) the inclusion of Native children in longitudinal 
            studies; and
                (vi) tribal access to data gathered by Federal, State, 
            and local governmental agencies; and
            (D) identify models of successful Federal, State, and 
        tribal programs in the areas studied by the Commission.
    (f) Report.--Not later than 3 years after the date on which all 
members of the Commission are appointed and amounts are made available 
to carry out this Act, the Commission shall submit to the President, 
the Committee on Natural Resources of the House of Representatives, the 
Committee on Indian Affairs of the Senate, and the Committees on 
Appropriations of the House of Representatives and the Senate, a report 
that contains--
        (1) a detailed statement of the findings and conclusions of the 
    Commission; and
        (2) the recommendations of the Commission for such legislative 
    and administrative actions as the Commission considers to be 
    appropriate.
    (g) Powers.--
        (1) Hearings.--
            (A) In general.--The Commission may hold such hearings, 
        meet and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers to be 
        advisable to carry out the duties of the Commission under this 
        section, except that the Commission shall hold not less than 5 
        hearings in Native communities.
            (B) Public requirement.--The hearings of the Commission 
        under this paragraph shall be open to the public.
        (2) Witness expenses.--
            (A) In general.--A witness requested to appear before the 
        Commission shall be paid the same fees and allowances as are 
        paid to witnesses under section 1821 of title 28, United States 
        Code.
            (B) Per diem and mileage.--The fees and allowances for a 
        witness shall be paid from funds made available to the 
        Commission.
        (3) Information from federal, tribal, and state agencies.--
            (A) In general.--The Commission may secure directly from a 
        Federal agency such information as the Commission considers to 
        be necessary to carry out this section.
            (B) Tribal and state agencies.--The Commission may request 
        the head of any tribal or State agency to provide to the 
        Commission such information as the Commission considers to be 
        necessary to carry out this Act.
        (4) Postal services.--The Commission may use the United States 
    mails in the same manner and under the same conditions as other 
    agencies of the Federal Government.
        (5) Gifts.--The Commission may accept, use, and dispose of 
    gifts or donations of services or property related to the purpose 
    of the Commission.
    (h) Commission Personnel Matters.--
        (1) Travel expenses.--A member of the Commission shall be 
    allowed travel expenses, including per diem in lieu of subsistence, 
    at rates authorized for an employee of an agency under subchapter I 
    of chapter 57 of title 5, United States Code, while away from the 
    home or regular place of business of the member in the performance 
    of the duties of the Commission.
        (2) Detail of federal employees.--
            (A) In general.--On the affirmative vote of \2/3\ of the 
        members of the Commission--
                (i) the Attorney General, the Secretary, the Secretary 
            of Education, and the Secretary of the Health and Human 
            Services shall each detail, without reimbursement, 1 or 
            more employees of the Department of Justice, the Department 
            of the Interior, the Department of Education, and the 
            Department of Health and Human Services; and
                (ii) with the approval of the appropriate Federal 
            agency head, an employee of any other Federal agency may 
            be, without reimbursement, detailed to the Commission.
            (B) Effect on detailees.--Detail under this paragraph shall 
        be without interruption or loss of civil service status, 
        benefits, or privileges.
        (3) Procurement of temporary and intermittent services.--
            (A) In general.--On request of the Commission, the Attorney 
        General shall provide to the Commission, on a reimbursable 
        basis, reasonable and appropriate office space, supplies, and 
        administrative assistance.
            (B) No requirement for physical facilities.--The 
        Administrator of General Services shall not be required to 
        locate a permanent, physical office space for the operation of 
        the Commission.
        (4) Members not federal employees.--No member of the 
    Commission, the Native Advisory Committee, or the Native Children 
    Subcommittee shall be considered to be a Federal employee.
    (i) Termination of Commission.--The Commission shall terminate 90 
days after the date on which the Commission submits the report under 
subsection (f).
    (j) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Commission, the Native Advisory 
Committee, or the Native Children Subcommittee.
    (k) Effect.--This Act shall not be construed to recognize or 
establish a government-to-government relationship with--
        (1) any entity not recognized on or before the date of 
    enactment of this Act by the Federal Government through an Act of 
    Congress, Executive action, judicial decree, or any other action; 
    or
        (2) any entity not included in the list authorized pursuant to 
    the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
    479a et seq.).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.