II 

113TH CONGRESS 

1ST SESSION S. 1622 

To establish the Alyce Spotted Bear and Walter Soboleff Commission on 

Native Children, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 30, 2013 

Ms. HEITKAMP (for herself and Ms. MURKOWSKI) introduced the following 

bill; which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To establish the Alyce Spotted Bear and Walter Soboleff 

Commission on Native Children, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Alyce Spotted Bear 

5 and Walter Soboleff Commission on Native Children Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the United States has a distinct legal, trea9 ty, and trust obligation to provide for the education, 


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1 health care, safety, social welfare, and other needs of 

2 Native children; 

3 (2) chronic underfunding of Federal programs 

4 to fulfill the longstanding Federal trust obligation 

5 has resulted in limited access to critical services for 

6 the more than 2,100,000 Native children under the 

7 age of 24 living in the United States; 

8 (3) Native children are the most at-risk popu9 lation in the United States, confronting serious dis10 parities in education, health, and safety, with 37 

11 percent living in poverty; 

12 (4) 17 percent of Native children have no 

13 health insurance coverage, and child mortality has 

14 increased 15 percent among Native children aged 1 

15 to 14, while the overall rate of child mortality in the 

16 United States decreased by 9 percent; 

17 (5) suicide is the second leading cause of death 

18 in Native children aged 15 through 24, a rate that 

19 is 2.5 times the national average, and violence, in20 cluding intentional injuries, homicide, and suicide, 

21 account for 75 percent of the deaths of Native chil22 dren aged 12 through 20; 

23 (6) 58 percent of 3- and 4-year-old Native chil24 dren are not attending any form of preschool, 15 

25 percent of Native children are not in school and not 


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1 working, and the graduation rate for Native high 

2 school students is 50 percent; 

3 (7) 22.9 percent of Native children aged 12 and 

4 older report alcohol use, 16 percent report substance 

5 dependence or abuse, 35.8 percent report tobacco 

6 use, and 12.5 percent report illicit drug use; 

7 (8) Native children disproportionately enter fos8 ter care at a rate more than 2.1 times the general 

9 population and have the third highest rate of victim10 ization; and 

11 (9) there is no resource that is more vital to the 

12 continued existence and integrity of Native commu13 nities than Native children, and the United States 

14 has a direct interest, as trustee, in protecting Native 

15 children. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) COMMISSION.—The term ‘‘Commission’’ 

19 means the Alyce Spotted Bear and Walter Soboleff 

20 Commission on Native Children established by sec21 tion 4. 

22 (2) INDIAN.—The term ‘‘Indian’’ has the mean23 ing given the term in section 4 of the Indian Self24 Determination and Education Assistance Act (25 

25 U.S.C. 450b). 


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1 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

2 has the meaning given the term in section 4 of the 

3 Indian Self-Determination and Education Assistance 

4 Act (25 U.S.C. 450b). 

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

6 means— 

7 (A) an Indian child, as that term is de8 fined in section 4 of the Indian Child Welfare 

9 Act of 1978 (25 U.S.C. 1903); 

10 (B) an Indian who is between the ages of 

11 18 and 24 years old; and 

12 (C) a Native Hawaiian who is not older 

13 than 24 years old. 

14 (5) NATIVE HAWAIIAN.—The term ‘‘Native Ha15 waiian’’ has the meaning given the term in section 

16 7207 of the Elementary and Secondary Education 

17 Act of 1965 (20 U.S.C. 7517). 

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

19 the Secretary of the Interior. 

20 (7) TRIBAL COLLEGE OR UNIVERSITY.—The 

21 term ‘‘Tribal College or University’’ has the meaning 

22 given the term in section 316(b) of the Higher Edu23 cation Act of 1965 (20 U.S.C. 1059c(b)). 


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1 SEC. 4. COMMISSION ON NATIVE CHILDREN. 

2 (a) IN GENERAL.—There is established a commission 

3 in the Office of Tribal Justice of the Department of Jus4 tice, to be known as the ‘‘Alyce Spotted Bear and Walter 

5 Soboleff Commission on Native Children’’. 

6 (b) MEMBERSHIP.— 

7 (1) IN GENERAL.—The Commission shall be 

8 composed of 11 members, of whom— 

9 (A) 3 shall be appointed by the President, 

10 in consultation with— 

11 (i) the Attorney General; 

12 (ii) the Secretary; 

13 (iii) the Secretary of Education; and 

14 (iv) the Secretary of Health and 

15 Human Services; 

16 (B) 3 shall be appointed by the Majority 

17 Leader of the Senate, in consultation with the 

18 Chairperson of the Committee on Indian Affairs 

19 of the Senate; 

20 (C) 1 shall be appointed by the Minority 

21 Leader of the Senate, in consultation with the 

22 Vice Chairperson of the Committee on Indian 

23 Affairs of the Senate; 

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

25 the House of Representatives, in consultation 

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1 ural Resources of the House of Representatives; 

2 and 

3 (E) 1 shall be appointed by the Minority 

4 Leader of the House of Representatives, in con5 sultation with the Ranking Member of the Com6 mittee on Natural Resources of the House of 

7 Representatives. 

8 (2) REQUIREMENTS FOR ELIGIBILITY.— 

9 (A) IN GENERAL.—Subject to subpara10 graph (B), each member of the Commission 

11 shall have significant experience and expertise 

12 in— 

13 (i) Indian affairs; and 

14 (ii) matters to be studied by the Com15 mission, including— 

16 (I) health care issues facing Na17 tive children, including mental health, 

18 physical health, and nutrition; 

19 (II) Indian education, including 

20 experience with Bureau of Indian 

21 Education schools and public schools, 

22 tribally operated schools, tribal col23 leges or universities, early childhood 

24 education programs, and the develop25 ment of extracurricular programs; 


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1 (III) juvenile justice programs re2 lating to prevention and reducing in3 carceration and rates of recidivism; 

4 and 

5 (IV) social service programs that 

6 are used by Native children and de7 signed to address basic needs, such as 

8 food, shelter, and safety, including 

9 child protective services, group homes, 

10 and shelters. 

11 (B) EXPERTS.— 

12 (i) NATIVE CHILDREN.—1 member of 

13 the Commission shall— 

14 (I) meet the requirements under 

15 subparagraph (A); and 

16 (II) be responsible for providing 

17 the Commission with insight into and 

18 input from Native children on the 

19 matters studied by the Commission. 

20 (ii) RESEARCH.—1 member of the 

21 Commission shall— 

22 (I) meet the requirements of sub23 paragraph (A); and 

24 (II) have extensive experience in 

25 statistics or social science research. 


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1 (3) TERMS.— 

2 (A) IN GENERAL.—Each member of the 

3 Commission shall be appointed for a term of 3 

4 years. 

5 (B) VACANCIES.— 

6 (i) IN GENERAL.—A vacancy in the 

7 Commission shall be filled in the manner 

8 in which the original appointment was 

9 made. 

10 (ii) TERMS.—Any member appointed 

11 to fill a vacancy shall be appointed for the 

12 remainder of that term. 

13 (c) OPERATION.— 

14 (1) CHAIRPERSON.—Not later than 15 days 

15 after the date on which all members of the Commis16 sion have been appointed, the Commission shall se17 lect 1 member to serve as Chairperson of the Com18 mission. 

19 (2) MEETINGS.— 

20 (A) IN GENERAL.—The Commission shall 

21 meet at the call of the Chairperson. 

22 (B) INITIAL MEETING.—The initial meet23 ing of the Commission shall take place not later 

24 than 30 days after the date described in para25 graph (1). 


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1 (3) QUORUM.—A majority of the members of 

2 the Commission shall constitute a quorum, but a 

3 lesser number of members may hold hearings. 

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

5 majority vote, any rules for the conduct of Commis6 sion business, in accordance with this Act and other 

7 applicable law. 

8 (d) NATIVE ADVISORY COMMITTEE.— 

9 (1) ESTABLISHMENT.—The Commission shall 

10 establish a committee, to be known as the ‘‘Native 

11 Advisory Committee’’. 

12 (2) MEMBERSHIP.— 

13 (A) COMPOSITION.—The Native Advisory 

14 Committee shall consist of— 

15 (i) 1 representative of Indian tribes 

16 from each region of the Bureau of Indian 

17 Affairs who is 25 years of age or older; 

18 and 

19 (ii) 1 Native Hawaiian who is 25 

20 years of age or older. 

21 (B) QUALIFICATIONS.—Each member of 

22 the Native Advisory Committee shall have expe23 rience relating to matters to be studied by the 

24 Commission. 


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1 (3) DUTIES.—The Native Advisory Committee 

2 shall— 

3 (A) serve as an advisory body to the Com4 mission; and 

5 (B) provide to the Commission advice and 

6 recommendations, submit materials, documents, 

7 testimony, and such other information as the 

8 Commission determines to be necessary to carry 

9 out the duties of the Commission under this 

10 section. 

11 (4) NATIVE CHILDREN SUBCOMMITTEE.—The 

12 Native Advisory Committee shall establish a sub13 committee that shall consist of at least 1 member 

14 from each region of the Bureau of Indian Affairs 

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

16 Native child, and have experience serving on the 

17 council of a tribal, regional, or national youth orga18 nization. 

19 (e) COMPREHENSIVE STUDY OF NATIVE CHILDREN

20 ISSUES.— 

21 (1) IN GENERAL.—The Commission shall con22 duct a comprehensive study of Federal, State, local, 

23 and tribal programs that serve Native children, in24 cluding an evaluation of— 


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1 (A) the impact of concurrent jurisdiction 

2 on child welfare systems; 

3 (B) the barriers Indian tribes and Native 

4 Hawaiians face in applying, reporting on, and 

5 using existing public and private grant re6 sources, including identification of any Federal 

7 cost-sharing requirements; 

8 (C) the obstacles to nongovernmental fi9 nancial support, such as from private founda10 tions and corporate charities, for programs ben11 efitting Native children; 

12 (D) the issues relating to data collection, 

13 such as small sample sizes, large margins of er14 rors, or other issues related to the validity and 

15 statistical significance of data on Native chil16 dren; 

17 (E) the barriers to the development of sus18 tainable, multidisciplinary programs designed to 

19 assist high-risk Native children and families of 

20 those high-risk Native children, as well as any 

21 examples of successful program models and use 

22 of best practices; and 

23 (F) the barriers to interagency coordina24 tion on programs benefitting Native children. 


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1 (2) COORDINATION.—In conducting the study 

2 under paragraph (1), to avoid duplication of efforts, 

3 the Commission shall, to the maximum extent prac4 ticable, collaborate with other workgroups focused on 

5 similar issues, such as the Task Force on American 

6 Indian/Alaska Native Children Exposed to Violence 

7 of the Attorney General. 

8 (3) RECOMMENDATIONS.—Taking into consid9 eration the results of the study under paragraph (1) 

10 and the analysis of any existing data relating to Na11 tive children received from Federal agencies, the 

12 Commission shall— 

13 (A) develop goals, and plans for achieving 

14 those goals, for Federal policy relating to Na15 tive children in the short-, mid-, and long-term, 

16 which shall be informed by the development of 

17 accurate child well-being measures; 

18 (B) make recommendations on necessary 

19 modifications and improvements to programs 

20 that serve Native children at the Federal, State, 

21 and tribal level that integrate the cultural 

22 strengths of the communities of the Native chil23 dren and will result in— 

24 (i) improvements to the child welfare 

25 system that— 


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1 (I) reduce the disproportionate 

2 rate at which Native children enter 

3 child protective services and the pe4 riod of time spent in the foster sys5 tem; 

6 (II) increase coordination among 

7 social workers, police, and foster fami8 lies assisting Native children while in 

9 the foster system to result in the in10 creased safety of Native children while 

11 in the foster system; 

12 (III) encourage the hiring and re13 tention of licensed social workers in 

14 Native communities; 

15 (IV) address the lack of available 

16 foster homes in Native communities; 

17 and 

18 (V) improve the academic pro19 ficiency and graduation rates of Na20 tive children in the foster system; 

21 (ii) improvements to the mental and 

22 physical health of Native children, taking 

23 into consideration the rates of suicide, sub24 stance abuse, and access to nutrition and 

25 health care, including— 


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1 (I) an analysis of the increased 

2 access of Native children to Medicaid 

3 under the Patient Protection and Af4 fordable Care Act (Public Law 111– 

5 148) and the effect of that increase 

6 on the ability of Indian tribes and Na7 tive Hawaiians to develop sustainable 

8 health programs; and 

9 (II) an evaluation of the effects 

10 of a lack of public sanitation infra11 structure, including in-home sewer 

12 and water, on the health status of Na13 tive children; 

14 (iii) improvements to educational and 

15 vocational opportunities for Native children 

16 that will lead to— 

17 (I) increased school attendance, 

18 performance, and graduation rates for 

19 Native children across all educational 

20 levels, including early education, post21 secondary, and graduate school; 

22 (II) scholarship opportunities at 

23 a Tribal College or University and 

24 other public and private postsecondary 

25 institutions; 


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1 (III) increased participation of 

2 the immediate families of Native chil3 dren; 

4 (IV) coordination among schools 

5 and Indian tribes that serve Native 

6 children, including in the areas of 

7 data sharing and student tracking; 

8 (V) accurate identification of stu9 dents as Native children; and 

10 (VI) increased school counseling 

11 services, improved access to quality 

12 nutrition at school, and safe student 

13 transportation; 

14 (iv) improved policies and practices by 

15 local school districts that would result in 

16 improved academic proficiency for Native 

17 children; 

18 (v) increased access to extracurricular 

19 activities for Native children that are de20 signed to increase self-esteem, promote 

21 community engagement, and support aca22 demic excellence while also serving to pre23 vent unplanned pregnancy, membership in 

24 gangs, drug and alcohol abuse, and suicide, 

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1 tional language and cultural practices of 

2 Indians and Native Hawaiians; 

3 (vi) improvements to Federal, State, 

4 and tribal juvenile detention programs— 

5 (I) to provide greater access to 

6 educational opportunities and social 

7 services for incarcerated Native chil8 dren; 

9 (II) to promote prevention and 

10 reduce incarceration and recidivism 

11 rates among Native children; 

12 (III) to incorporate families and 

13 the traditional cultures of Indians and 

14 Native Hawaiians in the process, in15 cluding through the development of a 

16 family court for juvenile offenses; and 

17 (IV) to prevent unnecessary de18 tentions and identify successful re19 entry programs; 

20 (vii) expanded access to a continuum 

21 of early development and learning services 

22 for Native children from prenatal to age 5 

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1 ing, and development of Native children, 

2 such as— 

3 (I) high quality early care and 

4 learning programs for children start5 ing from birth, including Early Head 

6 Start, Head Start, child care, and 

7 preschool programs; 

8 (II) programs, including home 

9 visiting and family resource and sup10 port programs, that increase the ca11 pacity of parents to support the learn12 ing and development of the children of 

13 the parents, beginning prenatally, and 

14 connect the parents with necessary re15 sources; 

16 (III) early intervention and pre17 school services for infants, toddlers, 

18 and preschool-aged children with de19 velopmental delays or disabilities; and 

20 (IV) professional development op21 portunities for Native providers of 

22 early development and learning serv23 ices; 

24 (viii) the development of a system that 

25 delivers wrap-around services to Native 


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1 children in a way that is comprehensive 

2 and sustainable, including through in3 creased coordination among Indian tribes, 

4 schools, law enforcement, health care pro5 viders, social workers, and families; 

6 (ix) more flexible use of existing Fed7 eral programs, such as by— 

8 (I) providing Indians and Native 

9 Hawaiians with more flexibility to 

10 carry out programs, while minimizing 

11 administrative time, cost, and expense 

12 and reducing the burden of Federal 

13 paperwork requirements; and 

14 (II) allowing unexpended Federal 

15 funds to be used flexibly across Fed16 eral agencies to support programs 

17 benefitting Native children, while tak18 ing into account— 

19 (aa) the 477 Demonstration 

20 Initiative of the Department of 

21 the Interior; 

22 (bb) the Coordinated Tribal 

23 Assistance Solicitation program 

24 of the Department of Justice; 


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1 (cc) the Federal policy of 

2 self-determination; and 

3 (dd) any consolidated grant 

4 programs; and 

5 (x) solutions to other issues that, as 

6 determined by the Commission, would im7 prove the health, safety, and well-being of 

8 Native children; 

9 (C) based on the use by the Commission of 

10 the existing data, make recommendations for 

11 improving data collection methods that con12 sider— 

13 (i) the adoption of standard defini14 tions and compatible systems platforms to 

15 allow for greater linkage of data sets 

16 across Federal agencies; 

17 (ii) the appropriateness of existing 

18 data categories for comparative purposes; 

19 (iii) the development of quality data 

20 and measures, such as by ensuring suffi21 cient sample sizes and frequency of sam22 pling, for Federal, State, and tribal pro23 grams that serve Native children; 


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1 (iv) the collection and measurement of 

2 data that are useful to Indian tribes and 

3 Native Hawaiians; 

4 (v) the inclusion of Native children in 

5 longitudinal studies; and 

6 (vi) tribal access to data gathered by 

7 Federal, State, and local governmental 

8 agencies; and 

9 (D) identify models of successful Federal, 

10 State, and tribal programs in the areas studied 

11 by the Commission. 

12 (f) REPORT.—Not later than 3 years after the date 

13 on which all members of the Commission are appointed 

14 and amounts are made available to carry out this Act, the 

15 Commission shall submit to the President, Congress, and 

16 the White House Council on Native American Affairs a 

17 report that contains— 

18 (1) a detailed statement of the findings and 

19 conclusions of the Commission; and 

20 (2) the recommendations of the Commission for 

21 such legislative and administrative actions as the 

22 Commission considers to be appropriate. 

23 (g) POWERS.— 

24 (1) HEARINGS.— 


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1 (A) IN GENERAL.—The Commission may 

2 hold such hearings, meet and act at such times 

3 and places, take such testimony, and receive 

4 such evidence as the Commission considers to 

5 be advisable to carry out the duties of the Com6 mission under this section, except that the 

7 Commission shall hold not less than 5 hearings 

8 in Native communities. 

9 (B) PUBLIC REQUIREMENT.—The hearings 

10 of the Commission under this paragraph shall 

11 be open to the public. 

12 (2) WITNESS EXPENSES.— 

13 (A) IN GENERAL.—A witness requested to 

14 appear before the Commission shall be paid the 

15 same fees and allowances as are paid to wit16 nesses under section 1821 of title 28, United 

17 States Code. 

18 (B) PER DIEM AND MILEAGE.—The fees 

19 and allowances for a witness shall be paid from 

20 funds made available to the Commission. 

21 (3) INFORMATION FROM FEDERAL, TRIBAL, 

22 AND STATE AGENCIES.— 

23 (A) IN GENERAL.—The Commission may 

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1 formation as the Commission considers to be 

2 necessary to carry out this section. 

3 (B) TRIBAL AND STATE AGENCIES.—The 

4 Commission may request the head of any tribal 

5 or State agency to provide to the Commission 

6 such information as the Commission considers 

7 to be necessary to carry out this Act. 

8 (4) POSTAL SERVICES.—The Commission may 

9 use the United States mails in the same manner and 

10 under the same conditions as other agencies of the 

11 Federal Government. 

12 (5) GIFTS.—The Commission may accept, use, 

13 and dispose of gifts or donations of services or prop14 erty related to the purpose of the Commission. 

15 (h) COMMISSION PERSONNEL MATTERS.— 

16 (1) TRAVEL EXPENSES.—A member of the 

17 Commission shall be allowed travel expenses, includ18 ing per diem in lieu of subsistence, at rates author19 ized for an employee of an agency under subchapter 

20 I of chapter 57 of title 5, United States Code, while 

21 away from the home or regular place of business of 

22 the member in the performance of the duties of the 

23 Commission. 

24 (2) DETAIL OF FEDERAL EMPLOYEES.— 


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1 (A) IN GENERAL.—On the affirmative vote 

of 2 2 ⁄3 of the members of the Commission— 

3 (i) the Attorney General, the Sec4 retary, the Secretary of Education, and the 

5 Secretary of the Health and Human Serv6 ices shall each detail, without reimburse7 ment, 1 or more employees of the Depart8 ment of Justice, the Department of the In9 terior, the Department of Education, and 

10 the Department of Health and Human 

11 Services; and 

12 (ii) with the approval of the appro13 priate Federal agency head, an employee of 

14 any other Federal agency may be, without 

15 reimbursement, detailed to the Commis16 sion. 

17 (B) EFFECT ON DETAILEES.—Detail 

18 under this paragraph shall be without interrup19 tion or loss of civil service status, benefits, or 

20 privileges. 

21 (3) PROCUREMENT OF TEMPORARY AND INTER22 MITTENT SERVICES.— 

23 (A) IN GENERAL.—On request of the Com24 mission, the Attorney General shall provide to 

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1 sonable and appropriate office space, supplies, 

2 and administrative assistance. 

3 (B) NO REQUIREMENT FOR PHYSICAL FA4 CILITIES.—The Administrator of General Serv5 ices shall not be required to locate a permanent, 

6 physical office space for the operation of the 

7 Commission. 

8 (4) MEMBERS NOT FEDERAL EMPLOYEES.—No 

9 member of the Commission, the Native Advisory 

10 Committee, or the Native Children Subcommittee 

11 shall be considered to be a Federal employee. 

12 (i) TERMINATION OF COMMISSION.—The Commis13 sion shall terminate 90 days after the date on which the 

14 Commission submits the report under subsection (f). 

15 (j) NONAPPLICABILITY OF FACA.—The Federal Ad16 visory Committee Act (5 U.S.C. App.) shall not apply to 

17 the Commission, the Native Advisory Committee, or the 

18 Native Children Subcommittee. 

19 (k) FUNDING.—Out of any unobligated amounts 

20 made available to the Secretary, the Attorney General, or 

21 the Secretary of Health and Human Services, the Attor22 ney General shall make not more than $2,000,000 avail23 able to the Commission to carry out this Act. 

Æ 


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