[Senate Report 114-39]
[From the U.S. Government Publishing Office]
Calendar No. 79
114th Congress } { Report
SENATE
1st Session } { 114-39
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TO ESTABLISH THE ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON
NATIVE CHILDREN, AND FOR OTHER PURPOSES
_______
May 11, 2015.--Ordered to be printed
_______
Mr. Barrasso, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 246]
The Committee on Indian Affairs, to which was referred the
bill (S. 246) to establish the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
PURPOSE
The purpose of S. 246 is to establish the Alyce Spotted
Bear and Walter Soboleff Commission on Native Children in the
Office of Tribal Justice within the Department of Justice. The
Commission would conduct a comprehensive study on Federal,
state, local, and tribal programs that serve Native children.
Using the results from the study, the Commission would submit a
report to Congress and the President on how to improve the
programs studied.
BACKGROUND
The Federal government has a trust responsibility to
provide for the education, health, and safety of Indian
children. Yet, Native children are the most at-risk population
in the country, facing significant disparities in these areas.
For example, the National Indian Child Welfare Association
(NICWA) reports that Indian children are overrepresented in
foster care--at more than 2.1 times the general population.
Indian children have the third highest rate of victimization at
11.6 per 1,000 children of the same race or ethnicity.\1\
According to NICWA, in 2009, 7,335 Indian children were victims
of child maltreatment.
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\1\U.S. Department of Health and Human Services Administration for
Children and Families, Child Welfare Outcomes 2008-2011 Report to
Congress, https://www.acf.hhs.gov/sites/default/files/cb/cwo08_11.pdf
(last visited on Feb. 26, 2015).
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Another challenge for Native youth is substance abuse.
According to the National Survey on Drug Use and Health, 22.9
percent of Indian youth ages 12 and older report alcohol use,
18.4 percent report binge drinking and 16.0 percent report
substance abuse or dependence. In the same group, 35.8 percent
report tobacco use and 12.5 percent report illicit drug use.
One indicator for the health of a community is mortality
rates. The Federal Interagency Forum on Child and Family
Statistics found that Indian infants experience higher infant
mortality rates than those of other racial or ethnic groups.
For example, in 2009, the rate of infant mortality for Indian
babies was 8.5 per 1,000 live births. That figure is higher
than the rates among White, non-Hispanic (5.3 per 1,000 live
births), Hispanic (5.3 per 1,000 live births), and Asian or
Pacific Islander (4.4 per 1,000 live births) infants.\2\
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\2\Federal Interagency Forum on Child and Family Statistics,
America's Children: Key National Indicators of Well-Being, 2013, http:/
/www.childstats.gov/pdf/ac2013/ac_13.pdf (last visited on Mar. 6,
2015).
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Under- or unemployment and poverty are more pervasive
problems among Indian families than other populations. The
Annie E. Casey Foundation KIDS COUNT--State Trends in Child
Well-Being 2013 Data Book reported that 37 percent of Indian
children live in poverty compared with 14 percent of non-
Hispanic white children.\3\ It further reported that 51 percent
of Indian children's parents lack secure employment as defined
by full-time, year-round employment compared with 25 percent of
non-Hispanic white children and 39 percent of Latino children.
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\3\The Annie E. Casey Foundation, Kids Count 2013 Data Book--State
Trends in Child Well-Being, http://datacenter.kidscount.org/files/
2013KIDSCOUNTDataBook.pdf (last visited on Mar. 6, 2015).
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Indian teens have considerably higher rates of being
neither in school or working than their non-Hispanic or Asian
or Pacific Islander counterparts. Fifteen percent of Indian
teens are not in school and not working. Fifty-eight percent of
3 and 4 year-old Indian children were not attending any form of
pre-school compared with 50 percent of African-American and
Asian and Pacific Islander children.
Each of these studies indicates that Native youth
experience significantly more challenges in virtually every
aspect of their development, from birth to adolescence than any
other population. However, it is most troubling that these
youth face a higher risk and rate of premature death than other
youth. The Substance Abuse and Mental Health Services
Administration reports that suicide is the second leading cause
of death--2.5 times the national rate--for Indian youth in the
15 to 24 age group.
Indian tribal governments face numerous obstacles in
responding to the needs of Native children. Insufficient access
to current grant opportunities, due to cumbersome bureaucracy
and associated costs, slows the efforts of Indian tribes to
tackle these issues. Federal agencies lack clear implementation
plans, training and technical assistance for tribes and tribal
governments, and coordinated efforts to best address the needs
of Native children.
The Commission proposed by S. 246 is named in honor of two
tribal leaders. The first is Alyce Spotted Bear, a former
tribal chairwoman of the Mandan, Hidatsa, and Arikara Nation in
North Dakota, a passionate advocate for Native children, and a
recognized leader in education. The second is Walter Soboleff,
a Tlingit from Alaska, a noted educator, a cultural and
traditional historian, a religious leader for Alaska Native
people, and the first Alaska Native Chairman of the Alaska
State Board of Education.
Protecting Native children and providing safe and
supportive communities has been a top priority identified by
tribal leaders to this Committee. Yet, the lack of sufficient
coordinated research on the full scope of the causes, existing
issues and challenges inhibits the Federal and tribal
governments from developing appropriate, tailored programs to
deliver the most efficient and targeted services to these
children.
The collection, development, and evaluation of appropriate
data is fundamental to a comprehensive assessment of the needs
of Native children who may be rendered even more vulnerable by
the misplaced or chronic underfunding of programs for Indian
Country due to the lack of data. This bill would establish a
Commission to facilitate such an assessment.
Finding the best methods of developing and coordinating the
service delivery systems for Native children would be a central
mission of the Commission. The intent of S. 246 and goal of the
Commission is to develop recommendations to address the unique
needs of Native children and to create safeguards for
protecting these children. The Commission's work is intended to
strengthen the efforts of other workgroups evaluating Native
children's needs, such as the Attorney General's Task Force on
American Indian/Alaska Native Children Exposed to Violence.
The Commission proposed by S. 246 would develop
recommendations and issue a report on the necessary
modifications and improvements to programs at Federal, state,
and tribal levels. These recommendations are intended to
identify improvements to child welfare systems in which Native
children are involved, the mental and physical health systems
serving Native children, and the educational systems that
foster the academic achievement of Native students.
LEGISLATIVE HISTORY
The bill, S. 246, was introduced on January 22, 2015, by
Senators Heitkamp and Murkowski with 23 co-sponsors: Senators
Baldwin, Blumenthal, Boxer, Cantwell, Collins, Feinstein,
Fischer, Franken, Heinrich, Hirono, Hoeven, Inhofe, Klobuchar,
Moran, Murray, Schatz, Shaheen, Stabenow, Tester, Thune, Udall,
Warren, and Whitehouse.
The bill was referred to the Committee on Indian Affairs.
No hearing was held on the legislation this Congress. On
February 4, 2015, the Committee held a business meeting to
consider the bill. One amendment was offered and adopted. The
bill, as amended, was ordered to be reported favorably to the
Senate.
In the 113th Congress, Senators Heitkamp and Murkowski
introduced S. 1622, the predecessor bill, on October 30, 2013
with 33 co-sponsors. The Committee held a hearing on the bill
on April 2, 2014 where the Administration testified in support
of the bill. The Committee held a business meeting on May 21,
2014 and ordered the bill, with an amendment, to be reported
favorably. A substitute amendment was later offered for Senate
consideration. The bill did not pass the Senate. The current
bill, S. 246, includes the changes incorporated in the
substitute amendment from the 113th Congress.
SECTION-BY-SECTION ANALYSIS OF BILL
Section 1--Short title
This section states that the short title of the bill is the
``Alyce Spotted Bear and Walter Soboleff Commission on Native
Children Act.''
Section 2--Findings
This section sets forth the findings of Congress.
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. 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.
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 and
seventeen percent have no health insurance coverage.
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. Suicide
is the second leading cause of death in Native children aged 15
through 24, 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.
Fifty-eight percent of 3- and 4-year-old Native children
are not attending any form of preschool while 15 percent of
Native children are not in school and not working. The
graduation rate for Native high school students is 50 percent.
Approximately 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.
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.
There is no resource that is more vital to the continued
existence and integrity of Native communities than Native
children. The United States has a direct interest, as trustee,
in protecting Native children.
Section 3--Definitions
This section sets forth definitions:
``Commission'' means the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children established by section
4;
``Indian'' means a person who is a member of an Indian
tribe, as defined by section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. Sec. 450b);
``Indian tribe'' means any Indian tribe, band, nation, or
other organized group or community, including any Alaska Native
village or regional or village corporation, as defined in or
established pursuant to the Alaska Native Claims Settlement Act
(43 U.S.C. Sec. 1601 et seq., 85 Stat. 688), which is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians, as defined by section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. Sec.
450b);
``Native child'' means: (A) an Indian child is any
unmarried person who is under age eighteen and is either (a) a
member of an Indian tribe or (b) is eligible for membership in
an Indian tribe and is the biological child of a member of an
Indian tribe, as defined by section 4 of the Indian Child
Welfare Act of 1978 (25 U.S.C. Sec. 1903), (B) an Indian who
is between the ages of 18 and 24 years old, and (C) a Native
Hawaiian who is not older than 24 years old;
``Native Hawaiian'' means any individual who is: (A) a
citizen of the United States; and (B) a descendant of the
aboriginal people who, prior to 1778, occupied and exercised
sovereignty in the area that now comprises the State of Hawaii,
as evidenced by--(i) genealogical records, (ii) Kupuna (elders)
or Kamaaina (long-term community residents) verification; or
(iii) certified birth records, as defined by section 7207 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
Sec. 7517);
``Secretary'' means the Secretary of the Interior; and
``Tribal College or University'' means an institution that:
(A) qualifies for funding under the Tribally Controlled
Colleges and Universities Assistance Act of 1978 (25 U.S.C.
Sec. 1802 et seq.) or the Navajo Community College Act (25
U.S.C. 640a); or (B) is cited in section 532 of the Equity in
Education Land-Grant Status Act of 1994 (7 U.S.C. Sec. 301
note), as defined by section 316(b) of the Higher Education Act
of 1965 (20 U.S.C. Sec. 1059c(b)).
Section 4--Commission on Native children
Section 4(a) establishes the Commission in the Office of
Tribal Justice within the Department of Justice.
Section 4(b)(1) provides that there shall be eleven members
to the Commission. Three members would be appointed by the
President in consultation with the Attorney General and the
Secretaries of the Interior, Education, and Health and Human
Services.
Three members would be appointed by the Speaker of the
House in consultation with the Chairman of the House Committee
on Natural Resources. Another three would be appointed by the
Majority Leader of the Senate, in consultation with the
Chairman of the Senate Committee on Indian Affairs. Finally,
the Minority Leaders of the House and Senate would each appoint
one member, in consultation with the Ranking Member of the
House Committee on Natural Resources and the Vice Chairman of
the Senate Committee on Indian Affairs, respectively.
Section 4(b)(2) determines the requirements for eligibility
for Commission members. Each member is required to have
expertise and experience in Indian affairs and matters to be
studied by the Commission. One member shall be an expert on
Native children, and one member is required to have expertise
in social science research or statistics.
Section 4(b)(3) delineates the term of appointment for each
commissioner, which is the life of the Commission, with any
vacancy being filled in the same manner in which the original
appointment was made.
Section 4(c) establishes that the commissioners shall
choose their own chairperson. The chairperson will call the
initial meeting within thirty days following the appointment of
all commissioners, and that, with a quorum of commissioners set
at a majority, the Commission shall determine its own rules.
Section 4(d) provides for the mandatory creation of a
Native Advisory Committee (NAC) composed of one representative
of an Indian tribe from each of the Bureau of Indian Affairs
regions and one Native Hawaiian. Each member of the NAC must be
25 years of age or older and have experience in matters
relating to the Commission's study. The NAC will provide advice
and recommendations to the Commission as the Commission deems
necessary. Furthermore, the NAC will have a Native Children
subcommittee consisting of at least one member from each of the
Bureau of Indian Affairs' regions and a Native Hawaiian, each
of whom shall be a Native child who has experience serving on
the council of a tribal, regional, or national youth
organization.
Section 4(e)(1) sets forth the requirement that the
Commission produce a comprehensive study of Federal, state,
local, and tribal programs that serve Native children. That
report shall include evaluations of concurrent jurisdiction of
child welfare systems, barriers in applying for public and
private grants, obstacles to obtaining nongovernmental support,
issues relating to data collection, barriers to developing
sustainable, multidisciplinary programs to assist high-risk
Natives and their families, and barriers to interagency
coordination.
Section 4(e)(2) determines that, in order to prevent
duplication, the Commission must 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. In addition, to the extent practicable,
the Commission is to use available technology to reduce travel
and other costs.
Section 4(e)(3) requires the Commission to 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.
In addition, the Commission is to make recommendations on
necessary modifications and improvements to programs that serve
Native children at the Federal, state, and tribal levels that
integrate the cultural strengths of the communities of the
Native children and will result in the following key
improvements:
(i) improvements to the child welfare system;
(ii) improvements to the mental and physical health
of Native children, taking into consideration the rates
of suicide, substance abuse, and access to nutrition
and health care;
(iii) improvements to educational and vocational
opportunities for Native children;
(iv) improved policies and practices by local school
districts that would result in increased academic
proficiency for Native children;
(v) increased access to extracurricular activities
for Native children that are designed to increase self-
esteem, promote community engagement, and support
academic excellence while also serving to prevent
unplanned pregnancy, membership in gangs, drug and
alcohol abuse, and suicide, including activities that
incorporate traditional language and cultural practices
of Indians and Native Hawaiians;
(vi) improvements to Federal, state, and tribal
juvenile detention programs;
(vii) expanded access to a continuum of early
development and learning services for Native children
from prenatal to age five that are culturally
competent, support Native language preservation, and
comprehensively promote the health, wellbeing,
learning, and development of Native children; (viii)
the development of a system that delivers wrap-around
services to Native children in a way that is
comprehensive and sustainable, including through
increased coordination among Indian tribes, schools,
law enforcement, health care providers, social workers,
and families;
(ix) more flexible use of existing Federal programs;
and
(x) solutions to other issues that, as determined by
the Commission, would improve the health, safety, and
well-being of Native children.
The Commission is also required to make recommendations on
improving data collection and sharing.
Section 4(f) requires the Commission to issue a report to
the Congress, the President, and the White House Council on
Native American Affairs on its findings and recommendations for
legislative and administrative actions. The report is due no
later than three years after which all commissioners are
appointed and funds are made available to carry out the
requirements of the Act.
Section 4(g) establishes the powers of the Commission to
hold not less than five hearings, which shall be public, and
that witness expenses shall be provided for as under section
1821 of title 28, United States Code. Federal agencies must
provide information to the Commission as requested, but state
and tribal authorities are not so required. Use of the postal
services shall be the same as for other Federal departments and
gifts may be accepted and used as they relate to the purpose of
the Commission.
Section 4(h) determines that the travel expenses of
commissioners shall be at the same rates as under title 5,
chapter 57, subchapter I of the United States Code, as are
allowed for federal employees. Federal detailees may be used by
the Commission upon approval by a two-thirds vote of the
commissioners and by the respective agency head. Detailees
shall suffer no impairment of their civil service status due to
their detail. Further, the Attorney General shall provide
physical space and on a reimbursable basis and supplies to the
Commission as may be necessary to carry out its work. No
commissioner, member of NAC, nor member of the Native Children
Subcommittee shall be considered a Federal employee.
Section 4(i) provides that the Commission shall terminate
ninety days after the submission of its report.
Section 4(j) prevents the Federal Advisory Committee Act (5
U.S.C. App.) from applying to the Commission.
Section 4(k) prevents the recognition or establishment of a
government-to-government relationship with any entity not
recognized on or before the date of enactment of the Act by the
Federal government through an Act of Congress, Executive
action, judicial decree, or any other action; or any entity not
included in the list of Federally Recognized Indian Tribes, as
determined in 25 U.S.C. 479a et seq. The amount of $2,000,000
is authorized to be appropriated to carry out the Act.
COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated February 10, 2015, was
prepared for S. 246.
February 10, 2015.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
United States Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 246, the Alyce
Spotted Bear and Walter Soboleff Commission on Native Children
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Martin von
Gnechten.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 246--Alyce Spotted Bear and Walter Soboleff Commission on Native
Children Act
S. 246 would establish the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children in the Office of Tribal
Justice of the Department of Justice. The 11-member commission
would be tasked with completing a study of federal and
nonfederal programs that serve Native American children. Under
the bill, the commission would use the results of the study to
develop plans and recommendations to improve those programs.
The commission would submit a report on those recommendations
to the Congress and the President within three years of the
formation of the commission. S. 246 also would allow the
commission to use staff detailed from other federal agencies to
complete its work and reimburse commission members for
traveling expenses. The legislation would authorize the
appropriation of $2 million to establish and run the
commission.
Based on the costs of similar commissions, CBO estimates
that implementing the legislation would cost about $2 million
over the 2015-2020 period, subject to appropriation of the
necessary amounts. Under the bill, amounts would be used to pay
for travel expenses, fees for witnesses, and preparing the
commission's report. CBO estimates that any costs for employees
detailed from other agencies to work for the commission would
not be significant.
Enacting S. 246 would affect direct spending because it
would authorize the new commission to accept and spend gifts;
therefore, pay-as-you-go procedures apply. However, CBO
estimates that the net effect of that provision on direct
spending would be insignificant. Enacting S. 246 would not
affect revenues.
S. 246 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
REGULATORY AND PAPERWORK REDUCTION STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 246 will
have a minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has not received any Executive Communications
from the Executive Branch regarding S. 246.
CHANGES IN EXISTING LAW
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, the Committee finds that the
enactment of S. 246 will not make any changes to existing law.
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