[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1622 Reported in Senate (RS)]
Calendar No. 537
113th CONGRESS
2d 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, Ms. Murkowski, Mr. Begich, Mr. Johnson of
South Dakota, Mr. Tester, Mr. Schatz, Ms. Hirono, Mrs. Feinstein, Mr.
Franken, Mr. Hoeven, Mr. Udall of New Mexico, Ms. Klobuchar, Mrs.
Murray, Mr. Baucus, Mr. Crapo, Mr. Thune, Ms. Warren, Mr. Heinrich, Mr.
Moran, Mr. Whitehouse, Ms. Collins, Mrs. Boxer, Ms. Stabenow, Mrs.
Fischer, Mr. Hatch, Mr. Udall of Colorado, Mr. Walsh, Ms. Cantwell,
Mrs. Hagan, Mr. Johanns, Ms. Baldwin, Mr. Blumenthal, Mr. Rockefeller,
Ms. Mikulski, and Mrs. Gillibrand) introduced the following bill; which
was read twice and referred to the Committee on Indian Affairs
August 26, 2014
Reported, under authority of the order of the Senate of August 5
(legislative day, August 1), 2014, by Mr. Tester, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Alyce Spotted Bear and
Walter Soboleff Commission on Native Children Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Commission.--The term ``Commission'' means the
Alyce Spotted Bear and Walter Soboleff Commission on Native
Children established by section 4.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (4) Native child.--The term ``Native child''
means--</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (B) an Indian who is between the ages of
18 and 24 years old; and</DELETED>
<DELETED> (C) a Native Hawaiian who is not older
than 24 years old.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (6) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (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)).</DELETED>
<DELETED>SEC. 4. COMMISSION ON NATIVE CHILDREN.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Membership.--</DELETED>
<DELETED> (1) In general.--The Commission shall be composed
of 11 members, of whom--</DELETED>
<DELETED> (A) 3 shall be appointed by the President,
in consultation with--</DELETED>
<DELETED> (i) the Attorney
General;</DELETED>
<DELETED> (ii) the Secretary;</DELETED>
<DELETED> (iii) the Secretary of Education;
and</DELETED>
<DELETED> (iv) the Secretary of Health and
Human Services;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Requirements for eligibility.--</DELETED>
<DELETED> (A) In general.--Subject to subparagraph
(B), each member of the Commission shall have
significant experience and expertise in--</DELETED>
<DELETED> (i) Indian affairs; and</DELETED>
<DELETED> (ii) matters to be studied by the
Commission, including--</DELETED>
<DELETED> (I) health care issues
facing Native children, including
mental health, physical health, and
nutrition;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (III) juvenile justice
programs relating to prevention and
reducing incarceration and rates of
recidivism; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Experts.--</DELETED>
<DELETED> (i) Native children.--1 member of
the Commission shall--</DELETED>
<DELETED> (I) meet the requirements
under subparagraph (A); and</DELETED>
<DELETED> (II) be responsible for
providing the Commission with insight
into and input from Native children on
the matters studied by the
Commission.</DELETED>
<DELETED> (ii) Research.--1 member of the
Commission shall--</DELETED>
<DELETED> (I) meet the requirements
of subparagraph (A); and</DELETED>
<DELETED> (II) have extensive
experience in statistics or social
science research.</DELETED>
<DELETED> (3) Terms.--</DELETED>
<DELETED> (A) In general.--Each member of the
Commission shall be appointed for a term of 3
years.</DELETED>
<DELETED> (B) Vacancies.--</DELETED>
<DELETED> (i) In general.--A vacancy in the
Commission shall be filled in the manner in
which the original appointment was
made.</DELETED>
<DELETED> (ii) Terms.--Any member appointed
to fill a vacancy shall be appointed for the
remainder of that term.</DELETED>
<DELETED> (c) Operation.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Meetings.--</DELETED>
<DELETED> (A) In general.--The Commission shall meet
at the call of the Chairperson.</DELETED>
<DELETED> (B) Initial meeting.--The initial meeting
of the Commission shall take place not later than 30
days after the date described in paragraph
(1).</DELETED>
<DELETED> (3) Quorum.--A majority of the members of the
Commission shall constitute a quorum, but a lesser number of
members may hold hearings.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Native Advisory Committee.--</DELETED>
<DELETED> (1) Establishment.--The Commission shall establish
a committee, to be known as the ``Native Advisory
Committee''.</DELETED>
<DELETED> (2) Membership.--</DELETED>
<DELETED> (A) Composition.--The Native Advisory
Committee shall consist of--</DELETED>
<DELETED> (i) 1 representative of Indian
tribes from each region of the Bureau of Indian
Affairs who is 25 years of age or older;
and</DELETED>
<DELETED> (ii) 1 Native Hawaiian who is 25
years of age or older.</DELETED>
<DELETED> (B) Qualifications.--Each member of the
Native Advisory Committee shall have experience
relating to matters to be studied by the
Commission.</DELETED>
<DELETED> (3) Duties.--The Native Advisory Committee shall--
</DELETED>
<DELETED> (A) serve as an advisory body to the
Commission; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Comprehensive Study of Native Children Issues.--
</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the impact of concurrent jurisdiction
on child welfare systems;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (C) the obstacles to nongovernmental
financial support, such as from private foundations and
corporate charities, for programs benefitting Native
children;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (F) the barriers to interagency
coordination on programs benefitting Native
children.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) improvements to the child
welfare system that--</DELETED>
<DELETED> (I) reduce the
disproportionate rate at which Native
children enter child protective
services and the period of time spent
in the foster system;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (III) encourage the hiring
and retention of licensed social
workers in Native
communities;</DELETED>
<DELETED> (IV) address the lack of
available foste