[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.