[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
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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.
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