[Congressional Record Volume 161, Number 86 (Monday, June 1, 2015)]
[Senate]
[Pages S3381-S3385]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 NATIVE AMERICAN CHILDREN'S SAFETY ACT

                                 ______
                                 

 ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN 
                                  ACT

  Mr. HOEVEN. I ask unanimous consent that the Senate proceed to the 
consideration of the following bills en bloc: Calendar No. 77, S. 184, 
and Calendar No. 79, S. 246.
  The PRESIDING OFFICER. The clerk will report the bills by title.
  The bill clerk read as follows:

       A bill (S. 184) to amend the Indian Child Protection and 
     Family Violence Prevention Act to require background checks 
     before foster care placements are ordered in tribal court 
     proceedings, and for other purposes.
       A bill (S. 246) to establish the Alyce Spotted Bear and 
     Walter Soboleff Commission on Native Children, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill, 
S. 184.
  There being no objection, the Senate proceeded to consider the bill, 
S. 246, which had been reported from the Committee on Indian Affairs, 
with an amendment to strike all after the enacting clause and insert in 
lieu thereof the following:

                                 S. 246

     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

[[Page S3382]]

       (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 11109148) 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;

[[Page S3383]]

       (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.--There is authorized to be appropriated to 
     carry out this Act $2,000,000.

  Mr. HOEVEN. I ask unanimous consent that the committee-reported 
substitute amendment to S. 246 be agreed to, the bills be read a third 
time and passed en bloc, and the motions to reconsider be considered 
made and laid upon the table with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 184) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                 S. 184

       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 ``Native American Children's 
     Safety Act''.

     SEC. 2. CRIMINAL RECORDS CHECKS.

       Section 408 of the Indian Child Protection and Family 
     Violence Prevention Act (25

[[Page S3384]]

     U.S.C. 3207) is amended by adding at the end the following:
       ``(d) By Tribal Social Services Agency for Foster Care 
     Placements in Tribal Court Proceedings.--
       ``(1) Definitions.--In this subsection:
       ``(A) Covered individual.--The term `covered individual' 
     includes--
       ``(i) any individual 18 years of age or older; and
       ``(ii) any individual who the tribal social services agency 
     determines is subject to a criminal records check under 
     paragraph (2)(A).
       ``(B) Foster care placement.--The term `foster care 
     placement' means any action removing an Indian child from a 
     parent or Indian custodian for temporary placement in a 
     foster home or institution or the home of a guardian or 
     conservator if--
       ``(i) the parent or Indian custodian cannot have the child 
     returned on demand; and
       ``(ii)(I) parental rights have not been terminated; or
       ``(II) parental rights have been terminated but the child 
     has not been permanently placed.
       ``(C) Indian custodian.--The term `Indian custodian' means 
     any Indian--
       ``(i) who has legal custody of an Indian child under tribal 
     law or custom or under State law; or
       ``(ii) to whom temporary physical care, custody, and 
     control has been transferred by the parent of the child.
       ``(D) Parent.--The term `parent' means--
       ``(i) any biological parent of an Indian child; or
       ``(ii) any Indian who has lawfully adopted an Indian child, 
     including adoptions under tribal law or custom.
       ``(E) Tribal court.--The term `tribal court' means a 
     court--
       ``(i) with jurisdiction over foster care placements; and
       ``(ii) that is--

       ``(I) a Court of Indian Offenses;
       ``(II) a court established and operated under the code or 
     custom of an Indian tribe; or
       ``(III) any other administrative body of an Indian tribe 
     that is vested with authority over foster care placements.

       ``(F) Tribal social services agency.--The term `tribal 
     social services agency' means the agency of an Indian tribe 
     that has the primary responsibility for carrying out foster 
     care licensing or approval (as of the date on which the 
     proceeding described in paragraph (2)(A) commences) for the 
     Indian tribe.
       ``(2) Criminal records check before foster care 
     placement.--
       ``(A) In general.--Except as provided in paragraph (3), no 
     foster care placement shall be finally approved and no foster 
     care license shall be issued until the tribal social services 
     agency--
       ``(i) completes a criminal records check of each covered 
     individual who resides in the household or is employed at the 
     institution in which the foster care placement will be made; 
     and
       ``(ii) concludes that each covered individual described in 
     clause (i) meets such standards as the Indian tribe shall 
     establish in accordance with subparagraph (B).
       ``(B) Standards of placement.--The standards described in 
     subparagraph (A)(ii) shall include--
       ``(i) requirements that each tribal social services agency 
     described in subparagraph (A)--

       ``(I) perform criminal records checks, including 
     fingerprint-based checks of national crime information 
     databases (as defined in section 534(f)(3) of title 28, 
     United States Code);
       ``(II) check any abuse registries maintained by the Indian 
     tribe; and
       ``(III) check any child abuse and neglect registry 
     maintained by the State in which the covered individual 
     resides for information on the covered individual, and 
     request any other State in which the covered individual 
     resided in the preceding 5 years, to enable the tribal social 
     services agency to check any child abuse and neglect registry 
     maintained by that State for such information; and

       ``(ii) any other additional requirement that the Indian 
     tribe determines is necessary and permissible within the 
     existing authority of the Indian tribe, such as the creation 
     of voluntary agreements with State entities in order to 
     facilitate the sharing of information related to the 
     performance of criminal records checks.
       ``(C) Results.--Except as provided in paragraph (3), no 
     foster care placement shall be ordered in any proceeding 
     described in subparagraph (A) if an investigation described 
     in clause (i) of that subparagraph reveals that a covered 
     individual described in that clause has been found by a 
     Federal, State, or tribal court to have committed any crime 
     listed in clause (i) or (ii) of section 471(a)(20)(A) of the 
     Social Security Act (42 U.S.C. 671(a)(20)(A)).
       ``(3) Emergency placement.--Paragraph (2) shall not apply 
     to an emergency foster care placement, as determined by a 
     tribal social services agency.
       ``(4) Recertification of foster homes or institutions.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of this subsection, each Indian tribe shall 
     establish procedures to recertify homes or institutions in 
     which foster care placements are made.
       ``(B) Contents.--The procedures described in subparagraph 
     (A) shall include, at a minimum, periodic intervals at which 
     the home or institution shall be subject to recertification 
     to ensure--
       ``(i) the safety of the home or institution for the Indian 
     child; and
       ``(ii) that each covered individual who resides in the home 
     or is employed at the institution is subject to a criminal 
     records check in accordance with this subsection, including 
     any covered individual who--

       ``(I) resides in the home or is employed at the institution 
     on the date on which the procedures established under 
     subparagraph (A) commences; and
       ``(II) did not reside in the home or was not employed at 
     the institution on the date on which the investigation 
     described in paragraph (2)(A)(i) was completed.

       ``(C) Guidance issued by the secretary.--The procedures 
     established under subparagraph (A) shall be subject to any 
     regulation or guidance issued by the Secretary that is in 
     accordance with the purpose of this subsection.
       ``(5) Guidance.--Not later than 2 years after the date of 
     enactment of this subsection and after consultation with 
     Indian tribes, the Secretary shall issue guidance regarding--
       ``(A) procedures for a criminal records check of any 
     covered individual who--
       ``(i) resides in the home or is employed at the institution 
     in which the foster care placement is made after the date on 
     which the investigation described in paragraph (2)(A)(i) is 
     completed; and
       ``(ii) was not the subject of an investigation described in 
     paragraph (2)(A)(i) before the foster care placement was 
     made;
       ``(B) self-reporting requirements for foster care homes or 
     institutions in which any covered individual described in 
     subparagraph (A) resides if the head of the household or the 
     operator of the institution has knowledge that the covered 
     individual--
       ``(i) has been found by a Federal, State, or tribal court 
     to have committed any crime listed in clause (i) or (ii) of 
     section 471(a)(20)(A) of the Social Security Act (42 U.S.C. 
     671(a)(20)(A)); or
       ``(ii) is listed on a registry described in clause (II) or 
     (III) of paragraph (2)(B)(i);
       ``(C) promising practices used by Indian tribes to address 
     emergency foster care placement procedures under paragraph 
     (3); and
       ``(D) procedures for certifying compliance with this 
     Act.''.

  The committee-reported amendment to S. 246 in the nature of a 
substitute was agreed to.
  The bill (S. 246), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  Mr. HOEVEN. Mr. President, I rise to speak about the Native American 
Children's Safety Act, S. 184. This legislation, which I have 
introduced along with Senator Tester, is about one thing: making sure 
that foster children in Native American communities are placed in safe 
homes.
  Without this legislation, there will continue to be inconsistent 
rules guiding the placement of Native American children in foster care. 
At this time, Native American tribes and their tribal courts use 
procedures and guidelines when placing a Native American child in a 
foster home that vary significantly from tribe to tribe.
  S. 184 addresses this problem by creating a transparent pathway for 
the Federal Government and the tribes to partner together to establish 
safety standards and policies to ensure the safety of Native American 
foster care children. Moreover, this bill will strengthen the 
governance of the tribes and create safeguards for their foster care 
placement programs and the individuals those programs serve.
  The Native American Children's Safety Act specifically includes the 
following reforms: It requires that all prospective foster care parents 
and adults living in the home undergo a background check prior to the 
placement of a Native American foster child in that home; it requires 
that background checks include checking for criminal activity as well 
as State and tribal child abuse and neglect registries; it requires 
adults who join the household after the foster care child has been 
placed there also undergo background checks; and, it requires that 
foster care homes undergo recertification periodically to ensure they 
remain safe for foster care children.
  We worked on this legislation with the tribes, with the National 
Indian Child Welfare Association, with the Bureau of Indian Affairs, 
and the U.S. Department of Health and Human Services Administration for 
Children and Families. The reforms are just commonsense measures 
designed to protect those Native American children who are in need of a 
good, safe home. In fact, S. 184 has been endorsed by the National 
Indian Child Welfare Association as well as the Spirit Lake and

[[Page S3385]]

Turtle Mountain tribes in my home State of North Dakota.
  This bill has undergone many thoughtful efforts on the part of many 
people and plenty of thoughtful consideration, and it has gone through 
regular order in the Senate. It passed unanimously out of the Senate 
Committee on Indian Affairs on February 4, 2015. I am pleased this bill 
now has passed the full Senate so these children can receive the 
protection they deserve.
  With that, I yield the floor.
  Ms. HEITKAMP. Mr. President, I today can say that I am elated that 
the Senate unanimously passed my legislation that would create a 
commission on the status of Native American children.
  This bipartisan bill, which was first introduced when I came to the 
Senate--in fact, it was my first bill--will study the challenges facing 
Native American kids, including poverty, crime, high unemployment, 
substance abuse, domestic violence, and dire economic opportunities, as 
well as making recommendations on how to make sure Native American 
youth receive the tools and educational resources they need to thrive.
  This is not a new issue for me. This is an issue I worked on when I 
was North Dakota's attorney general and I saw the challenges for so 
many of our children living in Indian Country. I saw that sometimes 
they are the most forgotten children in America. I fought for Native 
families all during my time as North Dakota's attorney general, 
pledging to improve the lives of Native American youth once I was 
positioned to do so.
  So this is truly an important day for tribes and Native communities, 
as well as Native children and their families. But we can't stop the 
momentum. I look forward to working with my colleagues in the House of 
Representatives to uphold the Federal Government's trust responsibility 
to Indian tribes and to pass this bill, because standing up for Native 
children is an issue on which we should all agree.
  The Commission on Native Children will work to identify complex 
challenges faced by Native kids in North Dakota and across the United 
States. The comprehensive and first-of-its-kind commission would 
conduct an intensive study on issues affecting Native American youth.
  The 11-member commission will issue a report to provide 
recommendations ensuring Native kids have access to sustainable 
wraparound systems, as well as the protection, economic resources, and 
educational tools necessary for success in both academia and in their 
careers.
  In addition to the Commission on Native Children, the subcommittee 
will also provide advice in order to ensure that those in Washington 
don't lose sight of these children.
  I thank all of my colleagues who have joined me in this effort, but I 
particularly want to single out Senator Lisa Murkowski from Alaska. She 
has been a cochampion and a copartner. She sees the same issues among 
Alaska Natives as I see among the Plains Indians in my State. And we 
have named this bill after two great educational and spiritual leaders 
of our States.
  In my case, my bill is named after Alyce Spotted Bear, former tribal 
chairwoman of the Mandan, Hidatsa, and Arikara Nation in North Dakota. 
Alyce was a passionate advocate for Native children and a recognized 
leader in education. Unfortunately, she passed away much too soon, but 
I know her spirit is here in this bill.

  I look forward to getting this bill passed in the House of 
Representatives. I look forward to the report, and I look forward to 
all of us pulling in the same direction to make sure all of our 
children are protected, all of our children are loved, and all of our 
children are given equal opportunity, including those children in 
Native American homes and those children in Indian Country.
  I yield the floor.

                          ____________________