Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act - (Sec. 4) Establishes the Alyce Spotted Bear and Walter Soboleff Commission on Native Children in the Office of Tribal Justice of the Department of Justice (DOJ).
Requires the President and Congress to appoint to the Commission individuals who have significant experience and expertise in Indian affairs and matters to be studied by the Commission, including health care issues facing Native children, Indian education, juvenile justice programs, and social service programs used by Native children.
Requires the Commission to establish a Native Advisory Committee consisting of representatives of Indian tribes from each region of the Bureau of Indian Affairs (BIA) and a native Hawaiian. Requires members of the Committee to be experienced in matters to be studied by the Commission.
Requires the Commission to conduct a comprehensive study of federal, state, local, and tribal programs that serve Native children, including an evaluation of:
Directs the Commission to use the results of the study and analyses of existing federal data to:
Requires the Commission to submit a report to the President, Congress, and the White House Council on Native American Affairs on its findings, conclusions, and recommendations for legislative and administrative action.
Terminates the Commission 90 days after the report is submitted.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1622 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1622
To establish the Alyce Spotted Bear and Walter Soboleff Commission on
Native Children, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 30, 2013
Ms. Heitkamp (for herself and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on Indian
Affairs
_______________________________________________________________________
A BILL
To establish the Alyce Spotted Bear and Walter Soboleff Commission on
Native Children, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alyce Spotted Bear and Walter
Soboleff Commission on Native Children Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States has a distinct legal, treaty, and
trust obligation to provide for the education, health care,
safety, social welfare, and other needs of Native children;
(2) chronic underfunding of Federal programs to fulfill the
longstanding Federal trust obligation has resulted in limited
access to critical services for the more than 2,100,000 Native
children under the age of 24 living in the United States;
(3) Native children are the most at-risk population in the
United States, confronting serious disparities in education,
health, and safety, with 37 percent living in poverty;
(4) 17 percent of Native children have no health insurance
coverage, and child mortality has increased 15 percent among
Native children aged 1 to 14, while the overall rate of child
mortality in the United States decreased by 9 percent;
(5) suicide is the second leading cause of death in Native
children aged 15 through 24, a rate that is 2.5 times the
national average, and violence, including intentional injuries,
homicide, and suicide, account for 75 percent of the deaths of
Native children aged 12 through 20;
(6) 58 percent of 3- and 4-year-old Native children are not
attending any form of preschool, 15 percent of Native children
are not in school and not working, and the graduation rate for
Native high school students is 50 percent;
(7) 22.9 percent of Native children aged 12 and older
report alcohol use, 16 percent report substance dependence or
abuse, 35.8 percent report tobacco use, and 12.5 percent report
illicit drug use;
(8) Native children disproportionately enter foster care at
a rate more than 2.1 times the general population and have the
third highest rate of victimization; and
(9) there is no resource that is more vital to the
continued existence and integrity of Native communities than
Native children, and the United States has a direct interest,
as trustee, in protecting Native children.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Alyce
Spotted Bear and Walter Soboleff Commission on Native Children
established by section 4.
(2) Indian.--The term ``Indian'' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Native child.--The term ``Native child'' means--
(A) an Indian child, as that term is defined in
section 4 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1903);
(B) an Indian who is between the ages of 18 and 24
years old; and
(C) a Native Hawaiian who is not older than 24
years old.
(5) Native hawaiian.--The term ``Native Hawaiian'' has the
meaning given the term in section 7207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given the term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).
SEC. 4. COMMISSION ON NATIVE CHILDREN.
(a) In General.--There is established a commission in the Office of
Tribal Justice of the Department of Justice, to be known as the ``Alyce
Spotted Bear and Walter Soboleff Commission on Native Children''.
(b) Membership.--
(1) In general.--The Commission shall be composed of 11
members, of whom--
(A) 3 shall be appointed by the President, in
consultation with--
(i) the Attorney General;
(ii) the Secretary;
(iii) the Secretary of Education; and
(iv) the Secretary of Health and Human
Services;
(B) 3 shall be appointed by the Majority Leader of
the Senate, in consultation with the Chairperson of the
Committee on Indian Affairs of the Senate;
(C) 1 shall be appointed by the Minority Leader of
the Senate, in consultation with the Vice Chairperson
of the Committee on Indian Affairs of the Senate;
(D) 3 shall be appointed by the Speaker of the
House of Representatives, in consultation with the
Chairperson of the Committee on Natural Resources of
the House of Representatives; and
(E) 1 shall be appointed by the Minority Leader of
the House of Representatives, in consultation with the
Ranking Member of the Committee on Natural Resources of
the House of Representatives.
(2) Requirements for eligibility.--
(A) In general.--Subject to subparagraph (B), each
member of the Commission shall have significant
experience and expertise in--
(i) Indian affairs; and
(ii) matters to be studied by the
Commission, including--
(I) health care issues facing
Native children, including mental
health, physical health, and nutrition;
(II) Indian education, including
experience with Bureau of Indian
Education schools and public schools,
tribally operated schools, tribal
colleges or universities, early
childhood education programs, and the
development of extracurricular
programs;
(III) juvenile justice programs
relating to prevention and reducing
incarceration and rates of recidivism;
and
(IV) social service programs that
are used by Native children and
designed to address basic needs, such
as food, shelter, and safety, including
child protective services, group homes,
and shelters.
(B) Experts.--
(i) Native children.--1 member of the
Commission shall--
(I) meet the requirements under
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 a term of 3 years.
(B) Vacancies.--
(i) In general.--A vacancy in the
Commission shall be filled in the manner in
which the original appointment was made.
(ii) Terms.--Any member appointed to fill a
vacancy shall be appointed for the remainder of
that term.
(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 errors, 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, as well as any examples of successful program
models and use of best practices; and
(F) the barriers to interagency coordination on
programs benefitting Native children.
(2) Coordination.--In conducting the study under paragraph
(1), to avoid duplication of efforts, the Commission shall, to
the maximum extent practicable, 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.
(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 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;
(B) make recommendations on necessary modifications
and improvements to programs that serve Native children
at the Federal, State, and tribal level that 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) 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) scholarship opportunities at a
Tribal College or University and other
public and private postsecondary
institutions;
(III) increased participation of
the immediate families of Native
children;
(IV) coordination among schools and
Indian tribes that serve Native
children, including in the areas of
data sharing and student tracking;
(V) accurate identification of
students as Native children; and
(VI) 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) improvements to Federal, State, and
tribal juvenile 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 incorporate families and
the traditional cultures of Indians and
Native Hawaiians in the process,
including through the development of a
family court for juvenile offenses; and
(IV) 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 minimizing
administrative time, cost, and expense
and reducing the burden of Federal
paperwork requirements; and
(II) allowing unexpended Federal
funds to be used flexibly across
Federal agencies to support programs
benefitting Native children, while
taking into account--
(aa) the 477 Demonstration
Initiative of the Department of
the Interior;
(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) based on the use by the Commission of the
existing data, 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) Funding.--Out of any unobligated amounts made available to the
Secretary, the Attorney General, or the Secretary of Health and Human
Services, the Attorney General shall make not more than $2,000,000
available to the Commission to carry out this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7678-7679, S7680)
Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 113-324.
Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Indian Affairs. Reported by Senator Tester under authority of the order of the Senate of 08/05/2014 with an amendment in the nature of a substitute. Without written report.
Committee on Indian Affairs. Reported by Senator Tester under authority of the order of the Senate of 08/05/2014 with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 537.
By Senator Tester from Committee on Indian Affairs filed written report under authority of the order of the Senate of 09/18/2014. Report No. 113-264. Additional views filed.
By Senator Tester from Committee on Indian Affairs filed written report under authority of the order of the Senate of 09/18/2014. Report No. 113-264. Additional views filed.
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