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[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
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