US Codex
Bill
Notes

S. 246 — what changed

Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act

From Reported in House to Engrossed in Senate. 2 sections amended and 1 added between Reported in House and Engrossed in Senate.

Sec. 2 Findings

changed In this Act:Congress finds that—

(1)
changed Commission— The term “Commission” means the Alyce Spotted Bear United States has a distinct legal, treaty, and Walter Soboleff Commission on trust obligation to provide for the education, health care, safety, social welfare, and other needs of Native Children established by section 3.children;
(2)
changed Indian— The term “Indian” chronic underfunding of Federal programs to fulfill the longstanding Federal trust obligation has resulted in limited access to critical services for the meaning given more than 2,100,000 Native children under the term in section 4 age of 24 living in the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).United States;
(3)
changed Indian tribe— The term “Indian tribe” has the meaning given Native children are the term most at-risk population in section 4 of the Indian Self-Determination United States, confronting serious disparities in education, health, and Education Assistance Act (25 U.S.C. 450b).safety, with 37 percent living in poverty;
(4)
changed Native child— The term “Native child” means—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;
(A)
removed 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)
removed an Indian who is between the ages of 18 and 24 years old; and
(C)
removed a Native Hawaiian who is not older than 24 years old.
(5)
changed Native Hawaiian— The term “Native Hawaiian” has the meaning given suicide is the term in section 7207 second leading cause of death in Native children aged 15 through 24, a rate that is 2.5 times the Elementary national average, and Secondary Education Act violence, including intentional injuries, homicide, and suicide, account for 75 percent of 1965 (20 U.S.C. 7517).the deaths of Native children aged 12 through 20;
(6)
changed Secretary— The term “Secretary” means the Secretary 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 Interior.graduation rate for Native high school students is 50 percent;
(7)
changed 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 22.9 percent of 1965 (20 U.S.C. 1059c(b)).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)
added 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)
added 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

added In this Act:

(1)
added Commission— The term “Commission” means the Alyce Spotted Bear and Walter Soboleff Commission on Native Children established by section 4.
(2)
added 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)
added 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)
added Native child— The term “Native child” means—
(a)
removed 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)
removed Membership—
(1)
removed In general— The Commission shall be composed of 11 members, of whom—
(A)
removed 3 shall be appointed by the President, in consultation with—
(i)
removed the Attorney General;
(ii)
removed the Secretary;
(iii)
removed the Secretary of Education; and
(iv)
removed the Secretary of Health and Human Services;
(B)
removed 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)
removed 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)
removed 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)
removed 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)
removed Requirements for eligibility—
(A)
removed In general— Subject to subparagraph (B), each member of the Commission shall have significant experience and expertise in—
(i)
removed Indian affairs; and
(ii)
removed matters to be studied by the Commission, including—
(I)
removed health care issues facing Native children, including mental health, physical health, and nutrition;
(II)
removed 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)
removed juvenile justice programs relating to prevention and reducing incarceration and rates of recidivism; and
(IV)
removed 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)
removed Experts—
(i)
removed Native children— 1 member of the Commission shall—
(I)
removed meet the requirements of subparagraph (A); and
(II)
removed be responsible for providing the Commission with insight into and input from Native children on the matters studied by the Commission.
(ii)
removed Research— 1 member of the Commission shall—
(I)
removed meet the requirements of subparagraph (A); and
(II)
removed have extensive experience in statistics or social science research.
(3)
removed Terms—
(A)
removed In general— Each member of the Commission shall be appointed for the life of the Commission.
(B)
removed Vacancies— A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
(c)
removed Operation—
(1)
removed 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)
removed Meetings—
(A)
removed In general— The Commission shall meet at the call of the Chairperson.
(B)
removed Initial meeting— The initial meeting of the Commission shall take place not later than 30 days after the date described in paragraph (1).
(3)
removed Quorum— A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
(4)
removed 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)
removed Native Advisory Committee—
(1)
removed Establishment— The Commission shall establish a committee, to be known as the “Native Advisory Committee”.
(2)
removed Membership—
(A)
removed Composition— The Native Advisory Committee shall consist of—
(i)
removed 1 representative of Indian tribes from each region of the Bureau of Indian Affairs who is 25 years of age or older; and
(ii)
removed 1 Native Hawaiian who is 25 years of age or older.
(B)
removed Qualifications— Each member of the Native Advisory Committee shall have experience relating to matters to be studied by the Commission.
(3)
removed Duties— The Native Advisory Committee shall—
(A)
removed serve as an advisory body to the Commission; and
(B)
removed 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)
removed 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)
removed Comprehensive study of Native children issues—
(1)
removed 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)
removed the impact of concurrent jurisdiction on child welfare systems;
(B)
removed 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)
removed the obstacles to nongovernmental financial support, such as from private foundations and corporate charities, for programs benefitting Native children;
(D)
removed 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)
removed 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)
removed cultural or socioeconomic challenges in communities of Native children;
(G)
removed any examples of successful program models and use of best practices in programs that serve children and families;
(H)
removed the barriers to interagency coordination on programs benefitting Native children; and
(I)
removed 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.
(A)
changed Coordination— In conducting the study under paragraph (1), the Commission shall, to an Indian child, as that term is defined in section 4 of the maximum extent practicable—Indian Child Welfare Act of 1978 (25 U.S.C. 1903);
(A)
removed 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)
removed to improve coordination and reduce travel costs, use available technology.
(B)
changed Recommendations— Taking into consideration an Indian who is between the results ages of the study under paragraph (1) 18 and the analysis of any existing data relating to Native children received from Federal agencies, the Commission shall—24 years old; and
(C)
added a Native Hawaiian who is not older than 24 years old.
(A)
removed 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)
removed 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)
removed 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)
removed 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)
removed improvements to the child welfare system that—
(I)
removed reduce the disproportionate rate at which Native children enter child protective services and the period of time spent in the foster system;
(II)
removed 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)
removed encourage the hiring and retention of licensed social workers in Native communities;
(IV)
removed address the lack of available foster homes in Native communities; and
(V)
removed reduce truancy and improve the academic proficiency and graduation rates of Native children in the foster system;
(ii)
removed 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)
removed 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)
removed 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)
removed improvements to educational and vocational opportunities for Native children that will lead to—
(I)
removed increased school attendance, performance, and graduation rates for Native children across all educational levels, including early education, post-secondary, and graduate school;
(II)
removed localized strategies developed by educators, tribal and community leaders, and law enforcement to prevent and reduce truancy among Native children;
(III)
removed scholarship opportunities at a Tribal College or University and other public and private postsecondary institutions;
(IV)
removed increased participation of the immediate families of Native children;
(V)
removed coordination among schools and Indian tribes that serve Native children, including in the areas of data sharing and student tracking;
(VI)
removed accurate identification of students as Native children; and
(VII)
removed increased school counseling services, improved access to quality nutrition at school, and safe student transportation;
(iv)
removed improved policies and practices by local school districts that would result in improved academic proficiency for Native children;
(v)
removed 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)
removed 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)
removed to provide greater access to educational opportunities and social services for incarcerated Native children;
(II)
removed to promote prevention and reduce incarceration and recidivism rates among Native children;
(III)
removed to identify intervention approaches and alternatives to incarceration of Native children;
(IV)
removed 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)
removed to prevent unnecessary detentions and identify successful reentry programs;
(vii)
removed 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)
removed high quality early care and learning programs for children starting from birth, including Early Head Start, Head Start, child care, and preschool programs;
(II)
removed 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)
removed early intervention and preschool services for infants, toddlers, and preschool-aged children with developmental delays or disabilities; and
(IV)
removed professional development opportunities for Native providers of early development and learning services;
(viii)
removed 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)
removed more flexible use of existing Federal programs, such as by—
(I)
removed 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)
removed allowing unexpended Federal funds to be used flexibly to support programs benefitting Native children, while taking into account—
(aa)
removed the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 note; 106 Stat. 2302);
(bb)
removed the Coordinated Tribal Assistance Solicitation program of the Department of Justice;
(cc)
removed the Federal policy of self-determination; and
(dd)
removed any consolidated grant programs; and
(x)
removed solutions to other issues that, as determined by the Commission, would improve the health, safety, and well-being of Native children;
(C)
removed make recommendations for improving data collection methods that consider—
(i)
removed the adoption of standard definitions and compatible systems platforms to allow for greater linkage of data sets across Federal agencies;
(ii)
removed the appropriateness of existing data categories for comparative purposes;
(iii)
removed 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)
removed the collection and measurement of data that are useful to Indian tribes and Native Hawaiians;
(v)
removed the inclusion of Native children in longitudinal studies; and
(vi)
removed tribal access to data gathered by Federal, State, and local governmental agencies; and
(D)
removed identify models of successful Federal, State, and tribal programs in the areas studied by the Commission.
(5)
changed Report—Native Hawaiian— 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 term “Native Hawaiian” has the House of Representatives, meaning given the Committee on Indian Affairs term in section 7207 of the Senate, Elementary and the Committees on Appropriations of the House Secondary Education Act of Representatives and the Senate, a report that contains—1965 (20 U.S.C. 7517).
(6)
added Secretary— The term “Secretary” means the Secretary of the Interior.
(7)
added 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)).
(1)
removed a detailed statement of the findings and conclusions of the Commission; and
(2)
removed the recommendations of the Commission for such legislative and administrative actions as the Commission considers to be appropriate.
(g)
removed Powers—
(1)
removed Hearings—
(A)
removed 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)
removed Public requirement— The hearings of the Commission under this paragraph shall be open to the public.
(2)
removed Witness expenses—
(A)
removed 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)
removed Per diem and mileage— The fees and allowances for a witness shall be paid from funds made available to the Commission.
(3)
removed Information from Federal, tribal, and State agencies—
(A)
removed 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)
removed 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)
removed 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)
removed Gifts— The Commission may accept, use, and dispose of gifts or donations of services or property related to the purpose of the Commission.
(h)
removed Commission personnel matters—
(1)
removed 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)
removed Detail of Federal employees—
(A)
removed In general— On the affirmative vote of 2/3 of the members of the Commission—
(i)
removed 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)
removed 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)
removed Effect on detailees— Detail under this paragraph shall be without interruption or loss of civil service status, benefits, or privileges.
(3)
removed Procurement of temporary and intermittent services—
(A)
removed 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)
removed 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)
removed 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)
removed Termination of commission— The Commission shall terminate 90 days after the date on which the Commission submits the report under subsection (f).
(j)
removed 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)
removed Effect— This Act shall not be construed to recognize or establish a government-to-government relationship with—
(1)
removed 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)
removed 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.).

Sec. 4 Commission on Native Children

added
(a)
added 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)
added Membership—
(1)
added In general— The Commission shall be composed of 11 members, of whom—
(A)
added 3 shall be appointed by the President, in consultation with—
(i)
added the Attorney General;
(ii)
added the Secretary;
(iii)
added the Secretary of Education; and
(iv)
added the Secretary of Health and Human Services;
(B)
added 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)
added 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)
added 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)
added 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)
added Requirements for eligibility—
(A)
added In general— Subject to subparagraph (B), each member of the Commission shall have significant experience and expertise in—
(i)
added Indian affairs; and
(ii)
added matters to be studied by the Commission, including—
(I)
added health care issues facing Native children, including mental health, physical health, and nutrition;
(II)
added 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)
added juvenile justice programs relating to prevention and reducing incarceration and rates of recidivism; and
(IV)
added 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)
added Experts—
(i)
added Native children— 1 member of the Commission shall—
(I)
added meet the requirements of subparagraph (A); and
(II)
added be responsible for providing the Commission with insight into and input from Native children on the matters studied by the Commission.
(ii)
added Research— 1 member of the Commission shall—
(I)
added meet the requirements of subparagraph (A); and
(II)
added have extensive experience in statistics or social science research.
(3)
added Terms—
(A)
added In general— Each member of the Commission shall be appointed for the life of the Commission.
(B)
added Vacancies— A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
(c)
added Operation—
(1)
added 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)
added Meetings—
(A)
added In general— The Commission shall meet at the call of the Chairperson.
(B)
added Initial meeting— The initial meeting of the Commission shall take place not later than 30 days after the date described in paragraph (1).
(3)
added Quorum— A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
(4)
added 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)
added Native Advisory Committee—
(1)
added Establishment— The Commission shall establish a committee, to be known as the “Native Advisory Committee”.
(2)
added Membership—
(A)
added Composition— The Native Advisory Committee shall consist of—
(i)
added 1 representative of Indian tribes from each region of the Bureau of Indian Affairs who is 25 years of age or older; and
(ii)
added 1 Native Hawaiian who is 25 years of age or older.
(B)
added Qualifications— Each member of the Native Advisory Committee shall have experience relating to matters to be studied by the Commission.
(3)
added Duties— The Native Advisory Committee shall—
(A)
added serve as an advisory body to the Commission; and
(B)
added 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)
added 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)
added Comprehensive study of Native children issues—
(1)
added 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)
added the impact of concurrent jurisdiction on child welfare systems;
(B)
added 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)
added the obstacles to nongovernmental financial support, such as from private foundations and corporate charities, for programs benefitting Native children;
(D)
added 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)
added 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)
added cultural or socioeconomic challenges in communities of Native children;
(G)
added any examples of successful program models and use of best practices in programs that serve children and families;
(H)
added the barriers to interagency coordination on programs benefitting Native children; and
(I)
added 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)
added Coordination— In conducting the study under paragraph (1), the Commission shall, to the maximum extent practicable—
(A)
added 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)
added to improve coordination and reduce travel costs, use available technology.
(3)
added 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)
added 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)
added 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)
added 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)
added 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)
added improvements to the child welfare system that—
(I)
added reduce the disproportionate rate at which Native children enter child protective services and the period of time spent in the foster system;
(II)
added 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)
added encourage the hiring and retention of licensed social workers in Native communities;
(IV)
added address the lack of available foster homes in Native communities; and
(V)
added reduce truancy and improve the academic proficiency and graduation rates of Native children in the foster system;
(ii)
added 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)
added 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)
added 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)
added improvements to educational and vocational opportunities for Native children that will lead to—
(I)
added increased school attendance, performance, and graduation rates for Native children across all educational levels, including early education, post-secondary, and graduate school;
(II)
added localized strategies developed by educators, tribal and community leaders, and law enforcement to prevent and reduce truancy among Native children;
(III)
added scholarship opportunities at a Tribal College or University and other public and private postsecondary institutions;
(IV)
added increased participation of the immediate families of Native children;
(V)
added coordination among schools and Indian tribes that serve Native children, including in the areas of data sharing and student tracking;
(VI)
added accurate identification of students as Native children; and
(VII)
added increased school counseling services, improved access to quality nutrition at school, and safe student transportation;
(iv)
added improved policies and practices by local school districts that would result in improved academic proficiency for Native children;
(v)
added 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)
added 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)
added to provide greater access to educational opportunities and social services for incarcerated Native children;
(II)
added to promote prevention and reduce incarceration and recidivism rates among Native children;
(III)
added to identify intervention approaches and alternatives to incarceration of Native children;
(IV)
added 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)
added to prevent unnecessary detentions and identify successful reentry programs;
(vii)
added 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)
added high quality early care and learning programs for children starting from birth, including Early Head Start, Head Start, child care, and preschool programs;
(II)
added 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)
added early intervention and preschool services for infants, toddlers, and preschool-aged children with developmental delays or disabilities; and
(IV)
added professional development opportunities for Native providers of early development and learning services;
(viii)
added 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)
added more flexible use of existing Federal programs, such as by—
(I)
added 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)
added allowing unexpended Federal funds to be used flexibly to support programs benefitting Native children, while taking into account—
(aa)
added the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 note; 106 Stat. 2302);
(bb)
added the Coordinated Tribal Assistance Solicitation program of the Department of Justice;
(cc)
added the Federal policy of self-determination; and
(dd)
added any consolidated grant programs; and
(x)
added solutions to other issues that, as determined by the Commission, would improve the health, safety, and well-being of Native children;
(C)
added make recommendations for improving data collection methods that consider—
(i)
added the adoption of standard definitions and compatible systems platforms to allow for greater linkage of data sets across Federal agencies;
(ii)
added the appropriateness of existing data categories for comparative purposes;
(iii)
added 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)
added the collection and measurement of data that are useful to Indian tribes and Native Hawaiians;
(v)
added the inclusion of Native children in longitudinal studies; and
(vi)
added tribal access to data gathered by Federal, State, and local governmental agencies; and
(D)
added identify models of successful Federal, State, and tribal programs in the areas studied by the Commission.
(f)
added 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)
added a detailed statement of the findings and conclusions of the Commission; and
(2)
added the recommendations of the Commission for such legislative and administrative actions as the Commission considers to be appropriate.
(g)
added Powers—
(1)
added Hearings—
(A)
added 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)
added Public requirement— The hearings of the Commission under this paragraph shall be open to the public.
(2)
added Witness expenses—
(A)
added 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)
added Per diem and mileage— The fees and allowances for a witness shall be paid from funds made available to the Commission.
(3)
added Information from Federal, tribal, and State agencies—
(A)
added 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)
added 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)
added 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)
added Gifts— The Commission may accept, use, and dispose of gifts or donations of services or property related to the purpose of the Commission.
(h)
added Commission personnel matters—
(1)
added 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)
added Detail of Federal employees—
(A)
added In general— On the affirmative vote of 2/3 of the members of the Commission—
(i)
added 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)
added 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)
added Effect on detailees— Detail under this paragraph shall be without interruption or loss of civil service status, benefits, or privileges.
(3)
added Procurement of temporary and intermittent services—
(A)
added 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)
added 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)
added 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)
added Termination of commission— The Commission shall terminate 90 days after the date on which the Commission submits the report under subsection (f).
(j)
added 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)
added Effect— This Act shall not be construed to recognize or establish a government-to-government relationship with—
(1)
added 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)
added 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.).
(l)
added Funding— There is authorized to be appropriated to carry out this Act $2,000,000.