[Congressional Record Volume 162, Number 137 (Monday, September 12, 2016)]
[House]
[Pages H5287-H5289]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN 
                                  ACT

  Mrs. RADEWAGEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 246) to establish the Alyce Spotted Bear and Walter Soboleff 
Commission on Native Children, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 246

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Alyce Spotted Bear and 
     Walter Soboleff Commission on Native Children Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Commission.--The term ``Commission'' means the Alyce 
     Spotted Bear and Walter Soboleff Commission on Native 
     Children established by section 3.
       (2) Indian.--The term ``Indian'' has the meaning given the 
     term in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b).
       (3) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (4) Native child.--The term ``Native child'' means--
       (A) an Indian child, as that term is defined in section 4 
     of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903);
       (B) an Indian who is between the ages of 18 and 24 years 
     old; and
       (C) a Native Hawaiian who is not older than 24 years old.
       (5) Native hawaiian.--The term ``Native Hawaiian'' has the 
     meaning given the term in section 7207 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7517).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) Tribal college or university.--The term ``Tribal 
     College or University'' has the meaning given the term in 
     section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b)).

     SEC. 3. COMMISSION ON NATIVE CHILDREN.

       (a) In General.--There is established a commission in the 
     Office of Tribal Justice of the Department of Justice, to be 
     known as the ``Alyce Spotted Bear and Walter Soboleff 
     Commission on Native Children''.
       (b) Membership.--
       (1) In general.--The Commission shall be composed of 11 
     members, of whom--
       (A) 3 shall be appointed by the President, in consultation 
     with--
       (i) the Attorney General;
       (ii) the Secretary;
       (iii) the Secretary of Education; and
       (iv) the Secretary of Health and Human Services;
       (B) 3 shall be appointed by the Majority Leader of the 
     Senate, in consultation with the Chairperson of the Committee 
     on Indian Affairs of the Senate;
       (C) 1 shall be appointed by the Minority Leader of the 
     Senate, in consultation with the Vice Chairperson of the 
     Committee on Indian Affairs of the Senate;
       (D) 3 shall be appointed by the Speaker of the House of 
     Representatives, in consultation with the Chairperson of the 
     Committee on Natural Resources of the House of 
     Representatives; and
       (E) 1 shall be appointed by the Minority Leader of the 
     House of Representatives, in consultation with the Ranking 
     Member of the Committee on Natural Resources of the House of 
     Representatives.
       (2) Requirements for eligibility.--
       (A) In general.--Subject to subparagraph (B), each member 
     of the Commission shall have significant experience and 
     expertise in--
       (i) Indian affairs; and
       (ii) matters to be studied by the Commission, including--

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

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

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

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

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

       (3) Terms.--
       (A) In general.--Each member of the Commission shall be 
     appointed for the life of the Commission.
       (B) Vacancies.--A vacancy in the Commission shall be filled 
     in the manner in which the original appointment was made.
       (c) Operation.--
       (1) Chairperson.--Not later than 15 days after the date on 
     which all members of the Commission have been appointed, the 
     Commission shall select 1 member to serve as Chairperson of 
     the Commission.
       (2) Meetings.--
       (A) In general.--The Commission shall meet at the call of 
     the Chairperson.
       (B) Initial meeting.--The initial meeting of the Commission 
     shall take place not later than 30 days after the date 
     described in paragraph (1).
       (3) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (4) Rules.--The Commission may establish, by majority vote, 
     any rules for the conduct of Commission business, in 
     accordance with this Act and other applicable law.
       (d) Native Advisory Committee.--
       (1) Establishment.--The Commission shall establish a 
     committee, to be known as the ``Native Advisory Committee''.
       (2) Membership.--
       (A) Composition.--The Native Advisory Committee shall 
     consist of--
       (i) 1 representative of Indian tribes from each region of 
     the Bureau of Indian Affairs who is 25 years of age or older; 
     and
       (ii) 1 Native Hawaiian who is 25 years of age or older.
       (B) Qualifications.--Each member of the Native Advisory 
     Committee shall have experience relating to matters to be 
     studied by the Commission.
       (3) Duties.--The Native Advisory Committee shall--
       (A) serve as an advisory body to the Commission; and
       (B) provide to the Commission advice and recommendations, 
     submit materials, documents, testimony, and such other 
     information as the Commission determines to be necessary to 
     carry out the duties of the Commission under this section.
       (4) Native children subcommittee.--The Native Advisory 
     Committee shall establish a subcommittee that shall consist 
     of at least 1 member

[[Page H5288]]

     from each region of the Bureau of Indian Affairs and 1 Native 
     Hawaiian, each of whom shall be a Native child, and have 
     experience serving on the council of a tribal, regional, or 
     national youth organization.
       (e) Comprehensive Study of Native Children Issues.--
       (1) In general.--The Commission shall conduct a 
     comprehensive study of Federal, State, local, and tribal 
     programs that serve Native children, including an evaluation 
     of--
       (A) the impact of concurrent jurisdiction on child welfare 
     systems;
       (B) the barriers Indian tribes and Native Hawaiians face in 
     applying, reporting on, and using existing public and private 
     grant resources, including identification of any Federal 
     cost-sharing requirements;
       (C) the obstacles to nongovernmental financial support, 
     such as from private foundations and corporate charities, for 
     programs benefitting Native children;
       (D) the issues relating to data collection, such as small 
     sample sizes, large margins of error, or other issues related 
     to the validity and statistical significance of data on 
     Native children;
       (E) the barriers to the development of sustainable, 
     multidisciplinary programs designed to assist high-risk 
     Native children and families of those high-risk Native 
     children;
       (F) cultural or socioeconomic challenges in communities of 
     Native children;
       (G) any examples of successful program models and use of 
     best practices in programs that serve children and families;
       (H) the barriers to interagency coordination on programs 
     benefitting Native children; and
       (I) the use of memoranda of agreement or interagency 
     agreements to facilitate or improve agency coordination, 
     including the effects of existing memoranda or interagency 
     agreements on program service delivery and efficiency.
       (2) Coordination.--In conducting the study under paragraph 
     (1), the Commission shall, to the maximum extent 
     practicable--
       (A) to avoid duplication of efforts, collaborate with other 
     workgroups focused on similar issues, such as the Task Force 
     on American Indian/Alaska Native Children Exposed to Violence 
     of the Attorney General; and
       (B) to improve coordination and reduce travel costs, use 
     available technology.
       (3) Recommendations.--Taking into consideration the results 
     of the study under paragraph (1) and the analysis of any 
     existing data relating to Native children received from 
     Federal agencies, the Commission shall--
       (A) develop recommendations for goals, and plans for 
     achieving those goals, for Federal policy relating to Native 
     children in the short-, mid-, and long-term, which shall be 
     informed by the development of accurate child well-being 
     measures, except that the Commission shall not consider or 
     recommend the recognition or the establishment of a 
     government-to-government relationship with--
       (i) any entity not recognized on or before the date of 
     enactment of this Act by the Federal Government through an 
     Act of Congress, Executive action, judicial decree, or any 
     other action; or
       (ii) any entity not included in the list authorized 
     pursuant to the Federally Recognized Indian Tribe List Act of 
     1994 (25 U.S.C. 479a et seq.);
       (B) make recommendations on necessary modifications and 
     improvements to programs that serve Native children at the 
     Federal, State, and tribal levels, on the condition that the 
     recommendations recognize the diversity in cultural values, 
     integrate the cultural strengths of the communities of the 
     Native children, and will result in--
       (i) improvements to the child welfare system that--

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

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

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

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

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

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

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

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

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

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

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

       (aa) the Indian Employment, Training and Related Services 
     Demonstration Act of 1992 (25 U.S.C. 3401 note; 106 Stat. 
     2302);
       (bb) the Coordinated Tribal Assistance Solicitation program 
     of the Department of Justice;
       (cc) the Federal policy of self-determination; and
       (dd) any consolidated grant programs; and
       (x) solutions to other issues that, as determined by the 
     Commission, would improve the health, safety, and well-being 
     of Native children;
       (C) make recommendations for improving data collection 
     methods that consider--
       (i) the adoption of standard definitions and compatible 
     systems platforms to allow for greater linkage of data sets 
     across Federal agencies;
       (ii) the appropriateness of existing data categories for 
     comparative purposes;
       (iii) the development of quality data and measures, such as 
     by ensuring sufficient sample sizes and frequency of 
     sampling, for Federal, State, and tribal programs that serve 
     Native children;
       (iv) the collection and measurement of data that are useful 
     to Indian tribes and Native Hawaiians;
       (v) the inclusion of Native children in longitudinal 
     studies; and
       (vi) tribal access to data gathered by Federal, State, and 
     local governmental agencies; and
       (D) identify models of successful Federal, State, and 
     tribal programs in the areas studied by the Commission.
       (f) Report.--Not later than 3 years after the date on which 
     all members of the Commission are appointed and amounts are 
     made available to carry out this Act, the Commission shall 
     submit to the President, the Committee on Natural Resources 
     of the House of Representatives, the Committee on Indian 
     Affairs of the Senate, and the Committees on Appropriations 
     of the House of Representatives and the Senate, a report that 
     contains--
       (1) a detailed statement of the findings and conclusions of 
     the Commission; and
       (2) the recommendations of the Commission for such 
     legislative and administrative actions as the Commission 
     considers to be appropriate.
       (g) Powers.--
       (1) Hearings.--
       (A) In general.--The Commission may hold such hearings, 
     meet and act at such times and

[[Page H5289]]

     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.).

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
American Samoa (Mrs. Radewagen) and the gentleman from the Northern 
Mariana Islands (Mr. Sablan) each will control 20 minutes.
  The Chair recognizes the gentlewoman from American Samoa.


                             General Leave

  Mrs. RADEWAGEN. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from American Samoa?
  There was no objection.
  Mrs. RADEWAGEN. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise today in support of S. 246, the Alyce Spotted Bear and Walter 
Soboleff Commission on Native Children Act. This bill would establish a 
commission in the Office of Tribal Justice at the Department of 
Justice. The commission would be composed of 11 members appointed by 
the President and congressional leadership. Each commissioner would be 
required to have significant expertise in Indian affairs, healthcare 
issues facing Native children, Indian education, juvenile justice 
programs focused on reducing incarceration and recidivism, and social 
services programs used by Native children.

                              {time}  1645

  The commission would report to Congress and to the President with 
legislative and administrative recommendations for improving support 
for mental and physical health and increased educational opportunities 
for Native children.
  Protecting Native children and providing safe and supportive 
communities has always been a top priority identified by tribal 
leaders, yet the lack of sufficient coordinated research on the full 
scope of the causes, existing issues, and challenges inhibits the 
Federal and tribal governments from developing appropriate tailored 
programs to deliver the most efficient and targeted services to Native 
children.
  S. 246 is a companion bill to H.R. 2751, sponsored by the gentlewoman 
from Minnesota (Ms. McCollum). I urge adoption of S. 246.
  I reserve the balance of my time.
  Mr. SABLAN. Mr. Speaker, I yield myself such time as I may consume.
  The studies indicate that Native youth experience significantly more 
challenges in virtually every aspect of their development from birth to 
adolescence than any other population. Native infants experience higher 
infant mortality rates than those of other racial or ethnic groups. 
Native children are overrepresented in foster care, at more than 2.1 
times the general population, and 37 percent of Native children live in 
poverty.
  Finally, it is most troubling that Native youth face a higher risk 
and rate of premature death than other youth. In fact, suicide is the 
second leading cause of death, 2.5 times the national rate, for Native 
youth in the 15 to 24 age group.
  We need to take a comprehensive look at the health and well-being of 
Native children and to find the root causes of and real solutions to 
the problems and issues that are leading to these disturbing trends. 
This is why I wholeheartedly support S. 246 and the establishment of 
the Alyce Spotted Bear and Walter Soboleff Commission on Native 
Children.
  The commission will be comprised of experts in the areas of juvenile 
justice, social work, education, and mental and physical health, 
working alongside a Native advisory committee composed of Native tribal 
representatives. They will conduct a comprehensive study of current 
Federal and local programs, grants, and support available for Native 
communities and children, and will report our recommendations for 
legislative and administrative actions and modifications and 
improvements to better serve our Native children.
  I want to thank Senator Heitkamp for introducing this important 
legislation and for tirelessly advocating for the creation of this 
commission. I also want to thank the gentlewoman from Minnesota (Ms. 
McCollum) for championing the House version of the bill, H.R. 2751.
  Mr. Speaker, I know that the Alyce Spotted Bear and Walter Soboleff 
Commission on Native Children will be successful in its endeavor, and I 
encourage my colleagues to swiftly adopt this legislation. Native 
children cannot wait any longer.
  I have no further speakers, and I yield back the balance of my time.
  Mrs. RADEWAGEN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from American Samoa (Mrs. Radewagen) that the House suspend 
the rules and pass the bill, S. 246, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________