[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.
____________________