,,ii #aacth ,,congress #ast ,session ,s4 #afbb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #cj1 #bjac,ms4 ,heitkamp 7for herself and ,ms4 ,murkowski7 introduced the following bill2 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 ,children1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,alyce ,spotted ,bear and ,walter ,soboleff ,commission on ,native ,children ,act4 #b4 ,findings ,congress finds that-- 7#a7 the ,united ,states has a distinct legal1 treaty1 and trust obligation to provide for the education1 health care1 safety1 social welfare1 and other needs of ,native children2 7#b7 chronic underfunding of ,federal programs to fulfill the longstanding ,federal trust obligation has resulted in limited access to critical services for the more than #b1ajj1jjj ,native children under the age of #bd living in the ,united ,states2 7#c7 ,native children are the most at-risk population in the ,united ,states1 confronting serious disparities in education1 health1 and safety1 with #cg percent living in poverty2 7#d7 #ag percent of ,native children have no health insurance coverage1 and child mortality has increased #ae percent among ,native children aged #a to #ad1 while the overall rate of child mortality in the ,united ,states decreased by #i percent2 7#e7 suicide is the second leading cause of death in ,native children aged #ae through #bd1 a rate that is #b4e times the national average1 and violence1 including intentional injuries1 homicide1 and suicide1 account for #ge percent of the deaths of ,native children aged #ab through #bj2 7#f7 #eh percent of #c- and #d-year-old ,native children are not attending any form of preschool1 #ae percent of ,native children are not in school and not working1 and the graduation rate for ,native high school students is #ej percent2 7#g7 #bb4i percent of ,native children aged #ab and older report alcohol use1 #af percent report substance dependence or abuse1 #ce4h percent report tobacco use1 and #ab4e percent report illicit drug use2 7#h7 ,native children disproportionately enter foster care at a rate more than #b4a times the general population and have the third highest rate of victimization2 and 7#i7 there is no resource that is more vital to the continued existence and integrity of ,native communities than ,native children1 and the ,united ,states has a direct interest1 as trustee1 in protecting ,native children4 #c4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,alyce ,spotted ,bear and ,walter ,soboleff ,commission on ,native ,children established by section #d4 7#b7 ,indian ,the term ,indian has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#c7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#d7 ,native child ,the term ,native child means-- 7,a7 an ,indian child1 as that term is defined in section #d of the ,indian ,child ,welfare ,act of #aigh 7#be ,u4,s4,c4 #aijc72 7,b7 an ,indian who is between the ages of #ah and #bd years old2 and 7,c7 a ,native ,hawaiian who is not older than #bd years old4 7#e7 ,native ,hawaiian ,the term ,native ,hawaiian has the meaning given the term in section #gbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag74 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#g7 ,tribal ,college or ,university ,the term ,tribal ,college or ,university has the meaning given the term in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b774 #d4 ,commission on ,native ,children 7a7 ,in general ,there is established a commission in the ,office of ,tribal ,justice of the ,department of ,justice1 to be known as the ,alyce ,spotted ,bear and ,walter ,soboleff ,commission on ,native ,children4 7b7 ,membership 7#a7 ,in general ,the ,commission shall be composed of #aa members1 of whom-- 7,a7 #c shall be appointed by the ,president1 in consultation with-- 7i7 the ,attorney ,general2 7ii7 the ,secretary2 7iii7 the ,secretary of ,education2 and 7iv7 the ,secretary of ,health and ,human ,services2 7,b7 #c shall be appointed by the ,majority ,leader of the ,senate1 in consultation with the ,chairperson of the ,committee on ,indian ,affairs of the ,senate2 7,c7 #a shall be appointed by the ,minority ,leader of the ,senate1 in consultation with the ,vice ,chairperson of the ,committee on ,indian ,affairs of the ,senate2 7,d7 #c shall be appointed by the ,speaker of the ,house of ,representatives1 in consultation with the ,chairperson of the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7,e7 #a shall be appointed by the ,minority ,leader of the ,house of ,representatives1 in consultation with the ,ranking ,member of the ,committee on ,natural ,resources of the ,house of ,representatives4 7#b7 ,requirements for eligibility 7,a7 ,in general ,subject to subparagraph 7,b71 each member of the ,commission shall have significant experience and expertise in-- 7i7 ,indian affairs2 and 7ii7 matters to be studied by the ,commission1 including-- 7,i7 health care issues facing ,native children1 including mental health1 physical health1 and nutrition2 7,,ii7 ,indian education1 including experience with ,bureau of ,indian ,education schools and public schools1 tribally operated schools1 tribal colleges or universities1 early childhood education programs1 and the development of extracurricular programs2 7,,iii7 juvenile justice programs relating to prevention and reducing incarceration and rates of recidivism2 and 7,,iv7 social service programs that are used by ,native children and designed to address basic needs1 such as food1 shelter1 and safety1 including child protective services1 group homes1 and shelters4 7,b7 ,experts 7i7 ,native children #a member of the ,commission shall-- 7,i7 meet the requirements under subparagraph 7,a72 and 7,,ii7 be responsible for providing the ,commission with insight into and input from ,native children on the matters studied by the ,commission4 7ii7 ,research #a member of the ,commission shall-- 7,i7 meet the requirements of subparagraph 7,a72 and 7,,ii7 have extensive experience in statistics or social science research4 7#c7 ,terms 7,a7 ,in general ,each member of the ,commission shall be appointed for a term of #c years4 7,b7 ,vacancies 7i7 ,in general ,a vacancy in the ,commission shall be filled in the manner in which the original appointment was made4 7ii7 ,terms ,any member appointed to fill a vacancy shall be appointed for the remainder of that term4 7c7 ,operation 7#a7 ,chairperson ,not later than #ae days after the date on which all members of the ,commission have been appointed1 the ,commission shall select #a member to serve as ,chairperson of the ,commission4 7#b7 ,meetings 7,a7 ,in general ,the ,commission shall meet at the call of the ,chairperson4 7,b7 ,initial meeting ,the initial meeting of the ,commission shall take place not later than #cj days after the date described in paragraph 7#a74 7#c7 ,quorum ,a majority of the members of the ,commission shall constitute a quorum1 but a lesser number of members may hold hearings4 7#d7 ,rules ,the ,commission may establish1 by majority vote1 any rules for the conduct of ,commission business1 in accordance with this ,act and other applicable law4 7d7 ,native ,advisory ,committee 7#a7 ,establishment ,the ,commission shall establish a committee1 to be known as the ,native ,advisory ,committee4 7#b7 ,membership 7,a7 ,composition ,the ,native ,advisory ,committee shall consist of-- 7i7 #a representative of ,indian tribes from each region of the ,bureau of ,indian ,affairs who is #be years of age or older2 and 7ii7 #a ,native ,hawaiian who is #be years of age or older4 7,b7 ,qualifications ,each member of the ,native ,advisory ,committee shall have experience relating to matters to be studied by the ,commission4 7#c7 ,duties ,the ,native ,advisory ,committee shall-- 7,a7 serve as an advisory body to the ,commission2 and 7,b7 provide to the ,commission advice and recommendations1 submit materials1 documents1 testimony1 and such other information as the ,commission determines to be necessary to carry out the duties of the ,commission under this section4 7#d7 ,native children subcommittee ,the ,native ,advisory ,committee shall establish a subcommittee that shall consist of at least #a member from each region of the ,bureau of ,indian ,affairs and #a ,native ,hawaiian1 each of whom shall be a ,native child1 and have experience serving on the council of a tribal1 regional1 or national youth organization4 7e7 ,comprehensive study of ,native children issues 7#a7 ,in general ,the ,commission shall conduct a comprehensive study of ,federal1 ,state1 local1 and tribal programs that serve ,native children1 including an evaluation of-- 7,a7 the impact of concurrent jurisdiction on child welfare systems2 7,b7 the barriers ,indian tribes and ,native ,hawaiians face in applying1 reporting on1 and using existing public and private grant resources1 including identification of any ,federal cost-sharing requirements2 7,c7 the obstacles to nongovernmental financial support1 such as from private foundations and corporate charities1 for programs benefitting ,native children2 7,d7 the issues relating to data collection1 such as small sample sizes1 large margins of errors1 or other issues related to the validity and statistical significance of data on ,native children2 7,e7 the barriers to the development of sustainable1 multidisciplinary programs designed to assist high-risk ,native children and families of those high-risk ,native children1 as well as any examples of successful program models and use of best practices2 and 7,f7 the barriers to interagency coordination on programs benefitting ,native children4 7#b7 ,coordination ,in conducting the study under paragraph 7#a71 to avoid duplication of efforts1 the ,commission shall1 to the maximum extent practicable1 collaborate with other workgroups focused on similar issues1 such as the ,task ,force on ,american ,indian_/,alaska ,native ,children ,exposed to ,violence of the ,attorney ,general4 7#c7 ,recommendations ,taking into consideration the results of the study under paragraph 7#a7 and the analysis of any existing data relating to ,native children received from ,federal agencies1 the ,commission shall-- 7,a7 develop goals1 and plans for achieving those goals1 for ,federal policy relating to ,native children in the short-1 mid-1 and long-term1 which shall be informed by the development of accurate child well-being measures2 7,b7 make recommendations on necessary modifications and improvements to programs that serve ,native children at the ,federal1 ,state1 and tribal level that integrate the cultural strengths of the communities of the ,native children and will result in-- 7i7 improvements to the child welfare system that-- 7,i7 reduce the disproportionate rate at which ,native children enter child protective services and the period of time spent in the foster system2 7,,ii7 increase coordination among social workers1 police1 and foster families assisting ,native children while in the foster system to result in the increased safety of ,native children while in the foster system2 7,,iii7 encourage the hiring and retention of licensed social workers in ,native communities2 7,,iv7 address the lack of available foster homes in ,native communities2 and 7,v7 improve the academic proficiency and graduation rates of ,native children in the foster system2 7ii7 improvements to the mental and physical health of ,native children1 taking into consideration the rates of suicide1 substance abuse1 and access to nutrition and health care1 including-- 7,i7 an analysis of the increased access of ,native children to ,medicaid under the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh7 and the effect of that increase on the ability of ,indian tribes and ,native ,hawaiians to develop sustainable health programs2 and 7,,ii7 an evaluation of the effects of a lack of public sanitation infrastructure1 including in-home sewer and water1 on the health status of ,native children2 7iii7 improvements to educational and vocational opportunities for ,native children that will lead to-- 7,i7 increased school attendance1 performance1 and graduation rates for ,native children across all educational levels1 including early education1 post-secondary1 and graduate school2 7,,ii7 scholarship opportunities at a ,tribal ,college or ,university and other public and private postsecondary institutions2 7,,iii7 increased participation of the immediate families of ,native children2 7,,iv7 coordination among schools and ,indian tribes that serve ,native children1 including in the areas of data sharing and student tracking2 7,v7 accurate identification of students as ,native children2 and 7,,vi7 increased school counseling services1 improved access to quality nutrition at school1 and safe student transportation2 7iv7 improved policies and practices by local school districts that would result in improved academic proficiency for ,native children2 7v7 increased access to extracurricular activities for ,native children that are designed to increase self-esteem1 promote community engagement1 and support academic excellence while also serving to prevent unplanned pregnancy1 membership in gangs1 drug and alcohol abuse1 and suicide1 including activities that incorporate traditional language and cultural practices of ,indians and ,native ,hawaiians2 7vi7 improvements to ,federal1 ,state1 and tribal juvenile detention programs-- 7,i7 to provide greater access to educational opportunities and social services for incarcerated ,native children2 7,,ii7 to promote prevention and reduce incarceration and recidivism rates among ,native children2 7,,iii7 to incorporate families and the traditional cultures of ,indians and ,native ,hawaiians in the process1 including through the development of a family court for juvenile offenses2 and 7,,iv7 to prevent unnecessary detentions and identify successful reentry programs2 7vii7 expanded access to a continuum of early development and learning services for ,native children from prenatal to age #e that are culturally competent1 support ,native language preservation1 and comprehensively promote the health1 well-being1 learning1 and development of ,native children1 such as-- 7,i7 high quality early care and learning programs for children starting from birth1 including ,early ,head ,start1 ,head ,start1 child care1 and preschool programs2 7,,ii7 programs1 including home visiting and family resource and support programs1 that increase the capacity of parents to support the learning and development of the children of the parents1 beginning prenatally1 and connect the parents with necessary resources2 7,,iii7 early intervention and preschool services for infants1 toddlers1 and preschool-aged children with developmental delays or disabilities2 and 7,,iv7 professional development opportunities for ,native providers of early development and learning services2 7viii7 the development of a system that delivers wrap-around services to ,native children in a way that is comprehensive and sustainable1 including through increased coordination among ,indian tribes1 schools1 law enforcement1 health care providers1 social workers1 and families2 7ix7 more flexible use of existing ,federal programs1 such as by-- 7,i7 providing ,indians and ,native ,hawaiians with more flexibility to carry out programs1 while minimizing administrative time1 cost1 and expense and reducing the burden of ,federal paperwork requirements2 and 7,,ii7 allowing unexpended ,federal funds to be used flexibly across ,federal agencies to support programs benefitting ,native children1 while taking into account-- 7aa7 the #dgg ,demonstration ,initiative of the ,department of the ,interior2 7bb7 the ,coordinated ,tribal ,assistance ,solicitation program of the ,department of ,justice2 7cc7 the ,federal policy of self-determination2 and 7dd7 any consolidated grant programs2 and 7x7 solutions to other issues that1 as determined by the ,commission1 would improve the health1 safety1 and well-being of ,native children2 7,c7 based on the use by the ,commission of the existing data1 make recommendations for improving data collection methods that consider-- 7i7 the adoption of standard definitions and compatible systems platforms to allow for greater linkage of data sets across ,federal agencies2 7ii7 the appropriateness of existing data categories for comparative purposes2 7iii7 the development of quality data and measures1 such as by ensuring sufficient sample sizes and frequency of sampling1 for ,federal1 ,state1 and tribal programs that serve ,native children2 7iv7 the collection and measurement of data that are useful to ,indian tribes and ,native ,hawaiians2 7v7 the inclusion of ,native children in longitudinal studies2 and 7vi7 tribal access to data gathered by ,federal1 ,state1 and local governmental agencies2 and 7,d7 identify models of successful ,federal1 ,state1 and tribal programs in the areas studied by the ,commission4 7f7 ,report ,not later than #c years after the date on which all members of the ,commission are appointed and amounts are made available to carry out this ,act1 the ,commission shall submit to the ,president1 ,congress1 and the ,white ,house ,council on ,native ,american ,affairs a report that contains-- 7#a7 a detailed statement of the findings and conclusions of the ,commission2 and 7#b7 the recommendations of the ,commission for such legislative and administrative actions as the ,commission considers to be appropriate4 7g7 ,powers 7#a7 ,hearings 7,a7 ,in general ,the ,commission may hold such hearings1 meet and act at such times and places1 take such testimony1 and receive such evidence as the ,commission considers to be advisable to carry out the duties of the ,commission under this section1 except that the ,commission shall hold not less than #e hearings in ,native communities4 7,b7 ,public requirement ,the hearings of the ,commission under this paragraph shall be open to the public4 7#b7 ,witness expenses 7,a7 ,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 #ahba of title #bh1 ,united ,states ,code4 7,b7 ,per diem and mileage ,the fees and allowances for a witness shall be paid from funds made available to the ,commission4 7#c7 ,information from ,federal1 tribal1 and ,state agencies 7,a7 ,in general ,the ,commission may secure directly from a ,federal agency such information as the ,commission considers to be necessary to carry out this section4 7,b7 ,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 ,act4 7#d7 ,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 ,government4 7#e7 ,gifts ,the ,commission may accept1 use1 and dispose of gifts or donations of services or property related to the purpose of the ,commission4 7h7 ,commission personnel matters 7#a7 ,travel expenses ,a member of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of an agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the ,commission4 7#b7 ,detail of ,federal employees 7,a7 ,in general ,on the affirmative vote of #b_/c of the members of the ,commission-- 7i7 the ,attorney ,general1 the ,secretary1 the ,secretary of ,education1 and the ,secretary of the ,health and ,human ,services shall each detail1 without reimbursement1 #a or more employees of the ,department of ,justice1 the ,department of the ,interior1 the ,department of ,education1 and the ,department of ,health and ,human ,services2 and 7ii7 with the approval of the appropriate ,federal agency head1 an employee of any other ,federal agency may be1 without reimbursement1 detailed to the ,commission4 7,b7 ,effect on detailees ,detail under this paragraph shall be without interruption or loss of civil service status1 benefits1 or privileges4 7#c7 ,procurement of temporary and intermittent services 7,a7 ,in general ,on request of the ,commission1 the ,attorney ,general shall provide to the ,commission1 on a reimbursable basis1 reasonable and appropriate office space1 supplies1 and administrative assistance4 7,b7 ,no requirement for physical facilities ,the ,administrator of ,general ,services shall not be required to locate a permanent1 physical office space for the operation of the ,commission4 7#d7 ,members not ,federal employees ,no member of the ,commission1 the ,native ,advisory ,committee1 or the ,native ,children ,subcommittee shall be considered to be a ,federal employee4 7i7 ,termination of commission ,the ,commission shall terminate #ij days after the date on which the ,commission submits the report under subsection 7f74 7j7 ,nonapplicability of ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,commission1 the ,native ,advisory ,committee1 or the ,native ,children ,subcommittee4 7k7 ,funding ,out of any unobligated amounts made available to the ,secretary1 the ,attorney ,general1 or the ,secretary of ,health and ,human ,services1 the ,attorney ,general shall make not more than #b1jjj1jjj available to the ,commission to carry out this ,act4