49–010 

Calendar No. 537 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–264 

TO ESTABLISH THE ALYCE SPOTTED BEAR AND WALTER 

SOBOLEFF COMMISSION ON NATIVE CHILDREN, AND 

FOR OTHER PURPOSES 

OCTOBER 1, 2014.—Ordered to be printed 

Filed, under authority of the order of the Senate of September 18, 2014 

Mr. TESTER, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany S. 1622] 

The Committee on Indian Affairs, to which was referred the bill 

(S. 1622) 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. 1622 is to provide for a Commission to conduct 

a comprehensive study on issues affecting Native children. The 

Commission is named in honor of Ms. Alyce Spotted Bear and Mr. 

Walter Soboleff. Ms. Spotted Bear was a former tribal chairwoman 

of the Mandan, Hidatsa, Arikara Nation in North Dakota, a passionate advocate for Native children and a recognized leader in 

education. Mr. Soboleff was a member of the Tlingit in Alaska as 

well as an educator, cultural and traditional historian, and religious leader for the Alaska Native people. 


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1 CNAY Native American Youth 101. http://www.aspeninstitute.org/sites/default/files/content/upload/Native%20American%20Youth%20101_higres. 2 2008–2011 Child Welfare Outcomes Report to Congress. See https://www.acf.hhs.gov/programs/cb/resource/cwo-08-11. 3 Id. 

4 CNAY Native American Youth 101. http://www.aspeninstitute.org/sites/default/files/content/upload/Native%20American%20Youth%20101_higres. 5 Id. 

6 America’s Children: Key National Indicators of Well-Being 2013. http://www.childstats.gov/ 

pdf/ac2013/ac_13.pdf. 

BACKGROUND

The federal government has a trust responsibility to provide for 

the education, health, and safety of Native children. Yet Native 

children are the most at-risk population in the country, facing significant disparities in these areas. 

According to the Center for Native Youth, there are currently 

over 2.1 million American Indians and Alaska Natives (AI/AN) 

under the age of 24 living in the United States.1 The National Indian Child Welfare Association (NICWA) reports that AI/AN children are overrepresented in foster care—at more than 2.1 times the 

general population—and 2 to 4 times the expected level are awaiting adoption, and further that AI/AN children have the third highest rate of victimization at 11.6 per 1,000 children of the same race 

or ethnicity.2 According to NICWA, in 2009, 7,335 AI/AN children 

were victims of child maltreatment.3 The Substance Abuse and 

Mental Health Services reports that suicide is the second leading 

cause of death—2.5 times the national rate—for AI/AN youth in 

the 15 to 24 age group.4 And the Suicide Prevention Resource Center reports that between 1 in 9 and 1 in 5 AI/AN youth report attempting suicide each year.5

Another challenge for native youth is substance abuse. According 

to the National Survey on Drug Use and Health, 22.9 percent of 

AI/AN youth ages 12 and older report alcohol use, 18.4 percent report binge drinking and 16.0 percent report substance dependence 

or abuse. 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 AI/AN infants experience higher infant mortality rates 

than those of other racial or ethnic groups. For example, in 2009, 

the AI/AN rate of infant mortality was 8.5 per 1,000 live births; 

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.6

The Annie E. Casey Foundation KIDS COUNT—State Trends in 

Child Well-Being 2013 Data Book found that 37 percent of American Indian children live in poverty compared with 14 percent of 

non-Hispanic white children; 51 percent of American Indian children’s parents lack secure employment defined as full-time, yearround employment compared with 25 percent of non-Hispanic 

white children and 39 percent of Latino children; American Indian 

teens have considerably higher rates of being neither in school nor 

working than their non-Hispanic or Asian or Pacific Islander counterparts; 15 percent of American Indian teens are not in school and 

not working; 58 percent of 3 and 4 year-old American Indian children were not attending any form of pre-school compared with 50 


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7Kids Count—State Trends in Child Well-Being 2013 Data Book. http:// 

datacenter.kidscount.org/files/2013KIDSCOUNTDataBook.pdf. 

percent of African-American and Asian and Pacific Islander children; and 13 percent of American Indian teens abuse alcohol or 

drugs compared with 6 percent of African-American teens.7

Each of these studies indicates that the United States is failing 

native youth in virtually every aspect of their development, from 

birth to adolescence. 

Indian tribal governments face numerous obstacles in responding 

to the needs of Native children. The lack of access to current grant 

opportunities, due to cumbersome bureaucracy and associated 

costs, stymies the efforts of Indian tribes to tackle these issues. 

Federal agencies lack clear implementation plans and coordinated 

efforts to best address the needs of Native children. 

The Commission proposed by S. 1622 is named in honor of Alyce 

Spotted Bear—a former tribal chairwoman of the Mandan, Hidatsa, 

Arikara Nation in North Dakota and a passionate advocate for Native children and a recognized leader in education—and Walter 

Soboleff—a Tlingit from Alaska, a noted educator, cultural and traditional historian and religious leader for Alaska Native people. 

Knowing how to address the unique needs of Native children, 

and creating safeguards and protections for them to develop in 

safe, supportive communities, is considered a top priority for Indian 

Country. Yet, we lack sufficient research and understanding on the 

full scope of the issues and challenges that exist. 

Protecting Native children and providing them with safe and 

supportive communities has been a top priority identified by tribal 

leaders to this Committee. The collection, development, and evaluation of appropriate data is fundamental to a comprehensive assessment of the needs of Native children, who are the most vulnerable 

victims of the chronic underfunding of programs delivering services 

to Indian Country. S. 1622 would establish a Commission to facilitate such an assessment. 

Finding the best methods of and coordinating the service delivery 

systems for these children would be a central mission of the Commission. The intent of S. 1622 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 also intended to build upon 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. 1622 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, mental and physical health systems serving Native children, and the 

educational and academic achievement of Native students. 

LEGISLATIVE HISTORY

S. 1622 was introduced on October 30, 2013, by Senator Heidi 

Heitkamp (D–ND) along with Senator Lisa Murkowski (R–AK) as 

an original cosponsor. The following were also added as cosponsors: 


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Senators Tammy Baldwin (D–WI), Max Baucus (D–MT), Mark 

Begich (D–AK), Richard Blumenthal (D–CT), Barbara Boxer (D– 

CA), Maria Cantwell (D–WA), Susan Collins (R–ME), Mike Crapo 

(R–ID), Dianne Feinstein (D–CA), Deb Fischer (R–NE), Al Franken 

(D–MN), Kirsten Gillibrand (D–NY), Kay Hagan (D–NC), Orrin 

Hatch (R–UT), Martin Heinrich (D–NM), Mazie Hirono (D–HI), 

John Hoeven (R–ND), Mike Johanns (R–NE), Tim Johnson (D–SD), 

Amy Klobuchar (D–MN), Barbara Mikulski (D–MD), Jerry Moran 

(R–KS), Patty Murray (D–WA), John Rockefeller (D–WV), Brian 

Schatz (D–HI), Debbie Stabenow (D–MI), Jon Tester (D–MT), John 

Thune (R–SD), Mark Udall (D–CO), Tom Udall (D–NM), John 

Walsh (D–MT), Elizabeth Warren (D–MA), and Sheldon Whitehouse (D–RI). 

The bill was referred to the Committee on Indian Affairs. On 

April 2, 2014, the Committee held a hearing on the bill. The Department of the Interior testified in favor of the bill. On May 21, 

2014, the Committee met at a business meeting to consider the bill. 

One amendment was offered and adopted, and the bill as amended 

was ordered to be favorably reported to the Senate by voice vote. 

SUMMARY OF AMENDMENT

At a Committee business meeting held on May 21, 2014, Senator 

Heitkamp offered an amendment in the nature of a substitute. The 

amendment was agreed to. In addition to technical corrections, the 

amendment amended provisions of the bill regarding Commission 

appointments to make it clear that they last for the life of the Commission. It also amended the bill to require the Commission to utilize available technology to improve coordination and reduce travel 

costs to the maximum extent practicable. Finally, it directed the 

Commission to make recommendations for strategies to prevent 

and reduce truancy among Native children. 

SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED

Section 1. Short title 

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

Soboleff Commission on Native Children Act.’’ 

Section 2. Findings 

Section 2 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; 

• 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; 


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• Suicide is the second leading cause of death in Native children aged 15 through 24, a rate that is 2.5 times the national 

average, and violence, including intentional injuries, homicide, 

and suicide, account for 75 percent of the deaths of Native children aged 12 through 20; • 58 percent of 3- and 4-year-old Native children are not attending any form of preschool, 15 percent of Native children 

are not in school and not working, and the graduation rate for 

Native high school students is 50 percent; • 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; and • 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. 

Section 3. Definitions 

Section 3 defines key terms used throughout the Act. 

Section 4. Commission on Native children 

Section 4(a) establishes the Commission in the Office of Tribal 

Justice in the Department of Justice. 

Section 4(b)(1) provides that there shall be 11 members to the 

Commission: three would be appointed by the President in consultation with the Attorney General, the Secretary of the Interior, 

the Secretary of Education, and the Secretary of Health and 

Human Services; three by the Speaker of the House in consultation 

with the House Committee on Natural Resources; three by the Majority Leader of the Senate, in consultation with the Senate Committee on Indian Affairs; and finally, the Minority Leaders of the 

House and Senate would each appoint one member. 

Section 4(b)(2) determines the requirements for eligibility for 

Commission members. Each member is required to have expertise 

and experience in Indian Affairs. 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 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, and that she will call the initial meeting within 

30 days following the appointment of the eleventh commissioner, 

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 who is at 

least 25 years old or older, of Indian tribes from each of the Bureau 

of Indian Affairs regions and one Native Hawaiian who is at least 

25 years old or older. Each member of the NAC must also have exVerDate Sep 11 2014 05:48 Oct 02, 2014 Jkt 049010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR264.XXX SR264

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perience 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 

subcommittee consisting of at least one member from each of the 

BIA’s 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, including 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. In addition, 

to the extent practicable, the Commission is to use available technology to reduce travel and other costs. 

Section 4(e)(3) provides the Commission is 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: (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 improved 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) soluVerDate Sep 11 2014 05:48 Oct 02, 2014 Jkt 049010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR264.XXX SR264

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tions 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 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 

hearings, which shall be public, and that witness expenses shall be 

provided for as under 28 U.S.C. 1821. 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 U.S.C. 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 90 

days after the submission of its report. 

Section 4(j) prevents the Federal Advisory Committee Act from 

applying to the Commission. 

Section 4(k) determines that of any unobligated amounts made 

available to the Secretary of the Interior, the Attorney General, the 

Secretary of Health and Human Services, the Attorney General 

shall not make more than $2,000,000 available to the Commission 

to carry out this Act. 

COST AND BUDGETARY CONSIDERATIONS

The following cost estimate, as provided by the Congressional 

Budget Office, dated July 7, 2014, was prepared for S. 1622: 

Washington DC, July 7, 2014. 

Hon. JON TESTER, 

Chairman, Committee on Indian Affairs, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1622, 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. 


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S. 1622—Alyce Spotted Bear and Walter Soboleff Commission on 

Native Children Act 

Summary: S. 1622 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 

non-federal 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. S. 

1622 also would allow the commission to use staff detailed from 

other federal agencies to complete its work and reimburse commission members for traveling expenses. 

Estimated cost to the federal Government: Based on the costs of 

similar commissions, CBO estimates that implementing the legislation would cost about $3 million over the 2015–2019 period, subject 

to appropriation of the necessary amounts, mostly to pay salaries 

and expenses of employees detailed to the commission. 

Pay-As-You-Go considerations: Enacting S. 1622 also 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 on direct spending 

would be insignificant. Enacting S. 1622 would not affect revenues. 

Estimated impact on state, local, and tribal governments: S. 1622 

contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

Estimated impact on the private sector: None. 

Estimate prepared by: The estimate was prepared by Martin von 

Gnechten. 

Estimate approved by: The estimate was approved by Theresa 

Gullo, Deputy Assistant Director for Budget Analysis. 

REGULATORY AND PAPERWORK IMPACT 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. 1622 will have a minimal impact on regulatory or paperwork requirements. 

EXECUTIVE COMMUNICATIONS

The Committee has received no communications from the Executive Branch regarding S. 1622. 


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ADDITIONAL VIEWS OF VICE CHAIRMAN BARRASSO 

The Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act, S. 1622, establishes a Commission within the Department of Justice to conduct a comprehensive study of Federal, 

state, local, and tribal programs that serve Native children. The 

Commission is required to develop goals (and plans for achieving 

those goals) for Federal policy relating to Native children—including both Indian and Native Hawaiian children. 

There are many opportunities for the agencies providing these 

programs to work together in a more effective manner for these 

children. For example, the Indian Law and Order Commission, established by the Tribal Law and Order Act, provided an extensive 

review of several key issues and recommendations relating to Native American children to consider. Likewise, the Attorney General 

established the Task Force on American Indian and Alaska Native 

Children Exposed to Violence to examine the scope of violence impacting Native American children and make recommendations to 

address it. In addition, the White House Council on Native American Affairs can promote interagency coordination to address Native children’s issues. 

We must be confident that policies are implemented effectively to 

support and protect Native children. That begins with recognizing 

important distinctions underlying these policies. 

The overarching purpose of the bill is to lead to improvements 

in the quality of life for Native children through the various policies, programs, and services provided by the Federal, state, local, 

and tribal governments. This very same premise was the basis for 

the Department of the Interior’s Advanced Notice of Proposed Rulemaking (ANPR) on reestablishing a government to government relationship with the Native Hawaiians. See Procedures for Reestablishing a Government-to-Government Relationship With the Native 

Hawaiian Community, 79 Fed. Reg. 35296, 35298, June 20, 2014. 

The ANPR fails to distinguish that Congressional or Executive 

actions providing assistance and programs for the betterment of 

the Native Hawaiian people are profoundly different from the solemn act of recognizing a sovereign government, similar to tribes or 

otherwise. 

It is unclear under S. 1622 to what extent the Commission would 

propose changes to Federal and state policies involving aspects of 

recognizing a Native Hawaiian government to improve services, 

similar to what the Department of the Interior is attempting to do. 

Congress, and this Committee in particular, has long struggled 

with the constitutionality of Native Hawaiian recognition. The 

Commission is not in any better position than Congress to examine 

and determine the constitutionality of such recognition. 

The breadth of the Commission’s responsibilities under S. 1622 

is quite extensive. I am concerned, in particular, with how the 


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Commission’s recommendations could extend to matters which implicate the Federal recognition of a Native Hawaiian government. 


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CHANGES IN EXISTING LAW (CORDON RULE)

In compliance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee finds that the enactment of 

S. 1622 will not make any changes in existing law. 

Æ 


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