[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 246 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 246

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2015

 Ms. Heitkamp (for herself, Ms. Murkowski, Mr. Tester, Ms. Hirono, Mr. 
    Schatz, Mrs. Feinstein, Mr. Franken, Mr. Hoeven, Mr. Udall, Ms. 
Klobuchar, Mrs. Murray, Mr. Thune, Ms. Warren, Mr. Heinrich, Mr. Moran, 
Mr. Whitehouse, Mr. Blumenthal, Ms. Collins, Mrs. Boxer, Mrs. Fischer, 
 Ms. Stabenow, Ms. Cantwell, Ms. Baldwin, and Mrs. Shaheen) introduced 
the following bill; which was read twice and referred to the Committee 
                           on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
 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. FINDINGS.

    Congress finds that--
            (1) the United States has a distinct legal, treaty, and 
        trust obligation to provide for the education, health care, 
        safety, social welfare, and other needs of Native children;
            (2) chronic underfunding of Federal programs to fulfill the 
        longstanding Federal trust obligation has resulted in limited 
        access to critical services for the more than 2,100,000 Native 
        children under the age of 24 living in the United States;
            (3) Native children are the most at-risk population in the 
        United States, confronting serious disparities in education, 
        health, and safety, with 37 percent living in poverty;
            (4) 17 percent of Native children have no health insurance 
        coverage, and child mortality has increased 15 percent among 
        Native children aged 1 to 14, while the overall rate of child 
        mortality in the United States decreased by 9 percent;
            (5) suicide is the second leading cause of death in Native 
        children aged 15 through 24, a rate that is 2.5 times the 
        national average, and violence, including intentional injuries, 
        homicide, and suicide, account for 75 percent of the deaths of 
        Native children aged 12 through 20;
            (6) 58 percent of 3- and 4-year-old Native children are not 
        attending any form of preschool, 15 percent of Native children 
        are not in school and not working, and the graduation rate for 
        Native high school students is 50 percent;
            (7) 22.9 percent of Native children aged 12 and older 
        report alcohol use, 16 percent report substance dependence or 
        abuse, 35.8 percent report tobacco use, and 12.5 percent report 
        illicit drug use;
            (8) Native children disproportionately enter foster care at 
        a rate more than 2.1 times the general population and have the 
        third highest rate of victimization; and
            (9) there is no resource that is more vital to the 
        continued existence and integrity of Native communities than 
        Native children, and the United States has a direct interest, 
        as trustee, in protecting Native children.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Alyce 
        Spotted Bear and Walter Soboleff Commission on Native Children 
        established by section 4.
            (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. 4. 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, 
Congress, and the White House Council on Native American Affairs 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.).
    (l) Funding.--Out of any unobligated amounts made available to the 
Secretary, the Attorney General, or the Secretary of Health and Human 
Services, the Attorney General shall make not more than $2,000,000 
available to the Commission to carry out this Act.
                                 <all>