PUBLIC LAW 114–244—OCT. 14, 2016 130 STAT. 981 

Public Law 114–244 

114th Congress 

An Act 

To establish the Alyce Spotted Bear and Walter Soboleff Commission on Native 

Children, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Alyce Spotted Bear and Walter 

Soboleff Commission on Native Children Act’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) COMMISSION.—The term ‘‘Commission’’ means the Alyce 

Spotted Bear and Walter Soboleff Commission on Native Children established by section 3. 

(2) INDIAN.—The term ‘‘Indian’’ has the meaning given 

the term in section 4 of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450b). 

(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 

given the term in section 4 of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450b). 

(4) NATIVE CHILD.—The term ‘‘Native child’’ means— 

(A) an Indian child, as that term is defined in section 

4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903); 

(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. 

(5) NATIVE HAWAIIAN.—The term ‘‘Native Hawaiian’’ has 

the meaning given the term in section 7207 of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 7517). 

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(7) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘‘Tribal College or University’’ has the meaning given the term in section 

316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). 

SEC. 3. COMMISSION ON NATIVE CHILDREN. 

(a) IN GENERAL.—There is established a commission in the 

Office of Tribal Justice of the Department of Justice, to be known 

as the ‘‘Alyce Spotted Bear and Walter Soboleff Commission on 

Native Children’’. 

(b) MEMBERSHIP.— 

(1) IN GENERAL.—The Commission shall be composed of 

11 members, of whom— 

Consultations. 

Establishment. 

Alyce Spotted 

Bear and Walter 

Soboleff 

Commission on 

Native Children 

Act. 

Oct. 14, 2016 

[S. 246] 


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130 STAT. 982 PUBLIC LAW 114–244—OCT. 14, 2016 

(A) 3 shall be appointed by the President, in consultation with— 

(i) the Attorney General; 

(ii) the Secretary; 

(iii) the Secretary of Education; and 

(iv) the Secretary of Health and Human Services; 

(B) 3 shall be appointed by the Majority Leader of 

the Senate, in consultation with the Chairperson of the 

Committee on Indian Affairs of the Senate; 

(C) 1 shall be appointed by the Minority Leader of 

the Senate, in consultation with the Vice Chairperson of 

the Committee on Indian Affairs of the Senate; 

(D) 3 shall be appointed by the Speaker of the House 

of Representatives, in consultation with the Chairperson 

of the Committee on Natural Resources of the House of 

Representatives; and 

(E) 1 shall be appointed by the Minority Leader of 

the House of Representatives, in consultation with the 

Ranking Member of the Committee on Natural Resources 

of the House of Representatives. 

(2) REQUIREMENTS FOR ELIGIBILITY.— 

(A) IN GENERAL.—Subject to subparagraph (B), each 

member of the Commission shall have significant experience and expertise in— 

(i) Indian affairs; and 

(ii) matters to be studied by the Commission, 

including— 

(I) health care issues facing Native children, 

including mental health, physical health, and 

nutrition; 

(II) Indian education, including experience 

with Bureau of Indian Education schools and 

public schools, tribally operated schools, tribal colleges or universities, early childhood education programs, and the development of extracurricular programs; 

(III) juvenile justice programs relating to 

prevention and reducing incarceration and rates 

of recidivism; and 

(IV) social service programs that are used by 

Native children and designed to address basic 

needs, such as food, shelter, and safety, including 

child protective services, group homes, and shelters. 

(B) EXPERTS.— 

(i) NATIVE CHILDREN.—1 member of the Commission shall— 

(I) meet the requirements of subparagraph (A); 

and 

(II) be responsible for providing the Commission with insight into and input from Native children on the matters studied by the Commission. 

(ii) RESEARCH.—1 member of the Commission 

shall— 

(I) meet the requirements of subparagraph (A); 

and 

President. 


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PUBLIC LAW 114–244—OCT. 14, 2016 130 STAT. 983 

(II) have extensive experience in statistics or 

social science research. 

(3) TERMS.— 

(A) IN GENERAL.—Each member of the Commission 

shall be appointed for the life of the Commission. 

(B) VACANCIES.—A vacancy in the Commission shall 

be filled in the manner in which the original appointment 

was made. 

(c) OPERATION.— 

(1) CHAIRPERSON.—Not later than 15 days after the date 

on which all members of the Commission have been appointed, 

the Commission shall select 1 member to serve as Chairperson 

of the Commission. 

(2) MEETINGS.— 

(A) IN GENERAL.—The Commission shall meet at the 

call of the Chairperson. 

(B) INITIAL MEETING.—The initial meeting of the 

Commission shall take place not later than 30 days after 

the date described in paragraph (1). 

(3) QUORUM.—A majority of the members of the Commission shall constitute a quorum, but a lesser number of members 

may hold hearings. 

(4) RULES.—The Commission may establish, by majority 

vote, any rules for the conduct of Commission business, in 

accordance with this Act and other applicable law. 

(d) NATIVE ADVISORY COMMITTEE.— 

(1) ESTABLISHMENT.—The Commission shall establish a 

committee, to be known as the ‘‘Native Advisory Committee’’. 

(2) MEMBERSHIP.— 

(A) COMPOSITION.—The Native Advisory Committee 

shall consist of— 

(i) 1 representative of Indian tribes from each 

region of the Bureau of Indian Affairs who is 25 years 

of age or older; and 

(ii) 1 Native Hawaiian who is 25 years of age 

or older. 

(B) QUALIFICATIONS.—Each member of the Native 

Advisory Committee shall have experience relating to matters to be studied by the Commission. 

(3) DUTIES.—The Native Advisory Committee shall— 

(A) serve as an advisory body to the Commission; and 

(B) provide to the Commission advice and recommendations, submit materials, documents, testimony, and such 

other information as the Commission determines to be 

necessary to carry out the duties of the Commission under 

this section. 

(4) NATIVE CHILDREN SUBCOMMITTEE.—The Native Advisory 

Committee shall establish a subcommittee that shall consist 

of at least 1 member from each region of the Bureau of Indian 

Affairs and 1 Native Hawaiian, each of whom shall be a Native 

child, and have experience serving on the council of a tribal, 

regional, or national youth organization. 

(e) COMPREHENSIVE STUDY OF NATIVE CHILDREN ISSUES.— 

(1) IN GENERAL.—The Commission shall conduct a comprehensive study of Federal, State, local, and tribal programs 

that serve Native children, including an evaluation of— 

Evaluation. 

Establishment. 

Recommendations. 

Determination. 

Deadline. 

Deadline. 


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130 STAT. 984 PUBLIC LAW 114–244—OCT. 14, 2016 

(A) the impact of concurrent jurisdiction on child welfare systems; 

(B) the barriers Indian tribes and Native Hawaiians 

face in applying, reporting on, and using existing public 

and private grant resources, including identification of any 

Federal cost-sharing requirements; 

(C) the obstacles to nongovernmental financial support, 

such as from private foundations and corporate charities, 

for programs benefitting Native children; 

(D) 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) 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) cultural or socioeconomic challenges in communities 

of Native children; 

(G) any examples of successful program models and 

use of best practices in programs that serve children and 

families; 

(H) the barriers to interagency coordination on programs benefitting Native children; and 

(I) 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) COORDINATION.—In conducting the study under paragraph (1), the Commission shall, to the maximum extent practicable— 

(A) 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) to improve coordination and reduce travel costs, 

use available technology. 

(3) RECOMMENDATIONS.—Taking into consideration the 

results of the study under paragraph (1) and the analysis 

of any existing data relating to Native children received from 

Federal agencies, the Commission shall— 

(A) 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 wellbeing measures, except that the Commission shall not consider or recommend the recognition or the establishment 

of a government-to-government relationship with— 

(i) 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) 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) make recommendations on necessary modifications 

and improvements to programs that serve Native children 

Plans. 


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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) improvements to the child welfare system that— 

(I) reduce the disproportionate rate at which 

Native children enter child protective services and 

the period of time spent in the foster system; 

(II) increase coordination among social 

workers, police, and foster families assisting 

Native children while in the foster system to result 

in the increased safety of Native children while 

in the foster system; 

(III) encourage the hiring and retention of 

licensed social workers in Native communities; 

(IV) address the lack of available foster homes 

in Native communities; and 

(V) reduce truancy and improve the academic 

proficiency and graduation rates of Native children 

in the foster 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, including— 

(I) 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) 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) improvements to educational and vocational 

opportunities for Native children that will lead to— 

(I) increased school attendance, performance, 

and graduation rates for Native children across 

all educational levels, including early education, 

post-secondary, and graduate school; 

(II) localized strategies developed by educators, tribal and community leaders, and law 

enforcement to prevent and reduce truancy among 

Native children; 

(III) scholarship opportunities at a Tribal College or University and other public and private 

postsecondary institutions; 

(IV) increased participation of the immediate 

families of Native children; 

(V) coordination among schools and Indian 

tribes that serve Native children, including in the 

areas of data sharing and student tracking; 

(VI) accurate identification of students as 

Native children; and 

(VII) increased school counseling services, 

improved access to quality nutrition at school, and 

safe student transportation; 

Evaluation. 

Analysis. 


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(iv) improved policies and practices by local school 

districts that would result in improved academic proficiency for Native children; 

(v) increased access to extracurricular activities 

for Native children that are designed to increase selfesteem, 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) 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) to provide greater access to educational 

opportunities and social services for incarcerated 

Native children; 

(II) to promote prevention and reduce incarceration and recidivism rates among Native children; 

(III) to identify intervention approaches and 

alternatives to incarceration of Native children; 

(IV) 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) to prevent unnecessary detentions and 

identify successful reentry programs; 

(vii) 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) high quality early care and learning programs for children starting from birth, including 

Early Head Start, Head Start, child care, and preschool programs; 

(II) 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) early intervention and preschool services 

for infants, toddlers, and preschool-aged children 

with developmental delays or disabilities; and 

(IV) professional development opportunities 

for Native providers of early development and 

learning services; 

(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, 


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PUBLIC LAW 114–244—OCT. 14, 2016 130 STAT. 987 

law enforcement, health care providers, social workers, 

and families; 

(ix) more flexible use of existing Federal programs, 

such as by— 

(I) 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) allowing unexpended Federal funds to be 

used flexibly to support programs benefitting 

Native children, while taking into account— 

(aa) the Indian Employment, Training and 

Related Services Demonstration Act of 1992 

(25 U.S.C. 3401 note; 106 Stat. 2302); 

(bb) the Coordinated Tribal Assistance 

Solicitation program of the Department of Justice; 

(cc) the Federal policy of self-determination; and 

(dd) any consolidated grant programs; and 

(x) solutions to other issues that, as determined 

by the Commission, would improve the health, safety, 

and well-being of Native children; 

(C) make recommendations for improving data collection methods that consider— 

(i) the adoption of standard definitions and compatible systems platforms to allow for greater linkage 

of data sets across Federal agencies; 

(ii) the appropriateness of existing data categories 

for comparative purposes; 

(iii) 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) the collection and measurement of data that 

are useful to Indian tribes and Native Hawaiians; 

(v) the inclusion of Native children in longitudinal 

studies; and 

(vi) tribal access to data gathered by Federal, 

State, and local governmental agencies; and 

(D) identify models of successful Federal, State, and 

tribal programs in the areas studied by the Commission. 

(f) 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, the Committee on Natural Resources of the House 

of Representatives, the Committee on Indian Affairs of the Senate, 

and the Committees on Appropriations of the House of Representatives and the Senate, a report that contains— 

(1) a detailed statement of the findings and conclusions 

of the Commission; and 

(2) the recommendations of the Commission for such legislative and administrative actions as the Commission considers 

to be appropriate. 

(g) POWERS.— (1) HEARINGS.— 

Recommendations. 

Records. 

Determination. 


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130 STAT. 988 PUBLIC LAW 114–244—OCT. 14, 2016 

(A) 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) PUBLIC REQUIREMENT.—The hearings of the 

Commission under this paragraph shall be open to the 

public. 

(2) WITNESS EXPENSES.— 

(A) 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) PER DIEM AND MILEAGE.—The fees and allowances 

for a witness shall be paid from funds made available 

to the Commission. 

(3) INFORMATION FROM FEDERAL, TRIBAL, AND STATE AGENCIES.— 

(A) 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) 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) 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) GIFTS.—The Commission may accept, use, and dispose 

of gifts or donations of services or property related to the 

purpose of the Commission. 

(h) COMMISSION PERSONNEL MATTERS.— 

(1) 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) DETAIL OF FEDERAL EMPLOYEES.— 

(A) IN GENERAL.—On the affirmative vote of 2⁄3 of the 

members of the Commission— 

(i) 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) with the approval of the appropriate Federal 

agency head, an employee of any other Federal agency 

may be, without reimbursement, detailed to the 

Commission. 


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PUBLIC LAW 114–244—OCT. 14, 2016 130 STAT. 989 

LEGISLATIVE HISTORY—S. 246: 

HOUSE REPORTS: No. 114–722 (Comm. on Natural Resources). 

SENATE REPORTS: No. 114–39 (Comm. on Indian Affairs). 

CONGRESSIONAL RECORD: 

Vol. 161 (2015): June 1, considered and passed Senate. 

Vol. 162 (2016): Sept. 12, considered and passed House, amended. 

Sept. 29, Senate concurred in House amendment. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016): 

Oct. 14, Presidential statement. 

Æ 

(B) EFFECT ON DETAILEES.—Detail under this paragraph shall be without interruption or loss of civil service 

status, benefits, or privileges. 

(3) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV- ICES.— (A) 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) 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) 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) TERMINATION OF COMMISSION.—The Commission shall terminate 90 days after the date on which the Commission submits 

the report under subsection (f). 

(j) 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) EFFECT.—This Act shall not be construed to recognize or 

establish a government-to-government relationship with— 

(1) 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) 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.). 

Approved October 14, 2016. 


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