II 

Calendar No. 537 

113TH CONGRESS 

2D 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, Ms. MURKOWSKI, Mr. BEGICH, Mr. JOHNSON of 

South Dakota, Mr. TESTER, Mr. SCHATZ, Ms. HIRONO, Mrs. FEINSTEIN, 

Mr. FRANKEN, Mr. HOEVEN, Mr. UDALL of New Mexico, Ms. KLOBUCHAR, Mrs. MURRAY, Mr. BAUCUS, Mr. CRAPO, Mr. THUNE, Ms. 

WARREN, Mr. HEINRICH, Mr. MORAN, Mr. WHITEHOUSE, Ms. COLLINS, 

Mrs. BOXER, Ms. STABENOW, Mrs. FISCHER, Mr. HATCH, Mr. UDALL

of Colorado, Mr. WALSH, Ms. CANTWELL, Mrs. HAGAN, Mr. JOHANNS, 

Ms. BALDWIN, Mr. BLUMENTHAL, Mr. ROCKEFELLER, Ms. MIKULSKI, 

and Mrs. GILLIBRAND) introduced the following bill; which was read 

twice and referred to the Committee on Indian Affairs 

AUGUST 26, 2014 

Reported, under authority of the order of the Senate of August 5 (legislative 

day, August 1), 2014, by Mr. TESTER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

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

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

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) the United States has a distinct legal, trea7 ty, and trust obligation to provide for the education, 

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

9 Native children; 

10 (2) chronic underfunding of Federal programs 

11 to fulfill the longstanding Federal trust obligation 

12 has resulted in limited access to critical services for 

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

14 age of 24 living in the United States; 

15 (3) Native children are the most at-risk popu16 lation in the United States, confronting serious dis17 parities in education, health, and safety, with 37 

18 percent living in poverty; 

19 (4) 17 percent of Native children have no 

20 health insurance coverage, and child mortality has 

21 increased 15 percent among Native children aged 1 

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

23 United States decreased by 9 percent; 

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

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

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1 cluding intentional injuries, homicide, and suicide, 

2 account for 75 percent of the deaths of Native chil3 dren aged 12 through 20; 

4 (6) 58 percent of 3- and 4-year-old Native chil5 dren are not attending any form of preschool, 15 

6 percent of Native children are not in school and not 

7 working, and the graduation rate for Native high 

8 school students is 50 percent; 

9 (7) 22.9 percent of Native children aged 12 and 

10 older report alcohol use, 16 percent report substance 

11 dependence or abuse, 35.8 percent report tobacco 

12 use, and 12.5 percent report illicit drug use; 

13 (8) Native children disproportionately enter fos14 ter care at a rate more than 2.1 times the general 

15 population and have the third highest rate of victim16 ization; and 

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

18 continued existence and integrity of Native commu19 nities than Native children, and the United States 

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

21 children. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 

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

25 means the Alyce Spotted Bear and Walter Soboleff 


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1 Commission on Native Children established by sec2 tion 4. 

3 (2) INDIAN.—The term ‘‘Indian’’ has the mean4 ing given the term in section 4 of the Indian Self5 Determination and Education Assistance Act (25 

6 U.S.C. 450b). 

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

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

9 Indian Self-Determination and Education Assistance 

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

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

12 means— 

13 (A) an Indian child, as that term is de14 fined in section 4 of the Indian Child Welfare 

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

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

17 18 and 24 years old; and 

18 (C) a Native Hawaiian who is not older 

19 than 24 years old. 

20 (5) NATIVE HAWAIIAN.—The term ‘‘Native Ha21 waiian’’ has the meaning given the term in section 

22 7207 of the Elementary and Secondary Education 

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

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

25 the Secretary of the Interior. 


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1 (7) TRIBAL COLLEGE OR UNIVERSITY.—The 

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

3 given the term in section 316(b) of the Higher Edu4 cation Act of 1965 (20 U.S.C. 1059c(b)). 

5 SEC. 4. COMMISSION ON NATIVE CHILDREN. 

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

7 in the Office of Tribal Justice of the Department of Jus8 tice, to be known as the ‘‘Alyce Spotted Bear and Walter 

9 Soboleff Commission on Native Children’’. 

10 (b) MEMBERSHIP.— 

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

12 composed of 11 members, of whom— 

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

14 in consultation with— 

15 (i) the Attorney General; 

16 (ii) the Secretary; 

17 (iii) the Secretary of Education; and 

18 (iv) the Secretary of Health and 

19 Human Services; 

20 (B) 3 shall be appointed by the Majority 

21 Leader of the Senate, in consultation with the 

22 Chairperson of the Committee on Indian Affairs 

23 of the Senate; 

24 (C) 1 shall be appointed by the Minority 

25 Leader of the Senate, in consultation with the 


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1 Vice Chairperson of the Committee on Indian 

2 Affairs of the Senate; 

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

4 the House of Representatives, in consultation 

5 with the Chairperson of the Committee on Nat6 ural Resources of the House of Representatives; 

7 and 

8 (E) 1 shall be appointed by the Minority 

9 Leader of the House of Representatives, in con10 sultation with the Ranking Member of the Com11 mittee on Natural Resources of the House of 

12 Representatives. 

13 (2) REQUIREMENTS FOR ELIGIBILITY.— 

14 (A) IN GENERAL.—Subject to subpara15 graph (B), each member of the Commission 

16 shall have significant experience and expertise 

17 in— 

18 (i) Indian affairs; and 

19 (ii) matters to be studied by the Com20 mission, including— 

21 (I) health care issues facing Na22 tive children, including mental health, 

23 physical health, and nutrition; 

24 (II) Indian education, including 

25 experience with Bureau of Indian 


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1 Education schools and public schools, 

2 tribally operated schools, tribal col3 leges or universities, early childhood 

4 education programs, and the develop5 ment of extracurricular programs; 

6 (III) juvenile justice programs re7 lating to prevention and reducing in8 carceration and rates of recidivism; 

9 and 

10 (IV) social service programs that 

11 are used by Native children and de12 signed to address basic needs, such as 

13 food, shelter, and safety, including 

14 child protective services, group homes, 

15 and shelters. 

16 (B) EXPERTS.— 

17 (i) NATIVE CHILDREN.—1 member of 

18 the Commission shall— 

19 (I) meet the requirements under 

20 subparagraph (A); and 

21 (II) be responsible for providing 

22 the Commission with insight into and 

23 input from Native children on the 

24 matters studied by the Commission. 


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1 (ii) RESEARCH.—1 member of the 

2 Commission shall— 

3 (I) meet the requirements of sub4 paragraph (A); and 

5 (II) have extensive experience in 

6 statistics or social science research. 

7 (3) TERMS.— 

8 (A) IN GENERAL.—Each member of the 

9 Commission shall be appointed for a term of 3 

10 years. 

11 (B) VACANCIES.— 

12 (i) IN GENERAL.—A vacancy in the 

13 Commission shall be filled in the manner 

14 in which the original appointment was 

15 made. 

16 (ii) TERMS.—Any member appointed 

17 to fill a vacancy shall be appointed for the 

18 remainder of that term. 

19 (c) OPERATION.— 

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

21 after the date on which all members of the Commis22 sion have been appointed, the Commission shall se23 lect 1 member to serve as Chairperson of the Com24 mission. 

25 (2) MEETINGS.— 


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1 (A) IN GENERAL.—The Commission shall 

2 meet at the call of the Chairperson. 

3 (B) INITIAL MEETING.—The initial meet4 ing of the Commission shall take place not later 

5 than 30 days after the date described in para6 graph (1). 

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

8 the Commission shall constitute a quorum, but a 

9 lesser number of members may hold hearings. 

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

11 majority vote, any rules for the conduct of Commis12 sion business, in accordance with this Act and other 

13 applicable law. 

14 (d) NATIVE ADVISORY COMMITTEE.— 

15 (1) ESTABLISHMENT.—The Commission shall 

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

17 Advisory Committee’’. 

18 (2) MEMBERSHIP.— 

19 (A) COMPOSITION.—The Native Advisory 

20 Committee shall consist of— 

21 (i) 1 representative of Indian tribes 

22 from each region of the Bureau of Indian 

23 Affairs who is 25 years of age or older; 

24 and 


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1 (ii) 1 Native Hawaiian who is 25 

2 years of age or older. 

3 (B) QUALIFICATIONS.—Each member of 

4 the Native Advisory Committee shall have expe5 rience relating to matters to be studied by the 

6 Commission. 

7 (3) DUTIES.—The Native Advisory Committee 

8 shall— 

9 (A) serve as an advisory body to the Com10 mission; and 

11 (B) provide to the Commission advice and 

12 recommendations, submit materials, documents, 

13 testimony, and such other information as the 

14 Commission determines to be necessary to carry 

15 out the duties of the Commission under this 

16 section. 

17 (4) NATIVE CHILDREN SUBCOMMITTEE.—The 

18 Native Advisory Committee shall establish a sub19 committee that shall consist of at least 1 member 

20 from each region of the Bureau of Indian Affairs 

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

22 Native child, and have experience serving on the 

23 council of a tribal, regional, or national youth orga24 nization. 


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1 (e) COMPREHENSIVE STUDY OF NATIVE CHILDREN

2 ISSUES.— 

3 (1) IN GENERAL.—The Commission shall con4 duct a comprehensive study of Federal, State, local, 

5 and tribal programs that serve Native children, in6 cluding an evaluation of— 

7 (A) the impact of concurrent jurisdiction 

8 on child welfare systems; 

9 (B) the barriers Indian tribes and Native 

10 Hawaiians face in applying, reporting on, and 

11 using existing public and private grant re12 sources, including identification of any Federal 

13 cost-sharing requirements; 

14 (C) the obstacles to nongovernmental fi15 nancial support, such as from private founda16 tions and corporate charities, for programs ben17 efitting Native children; 

18 (D) the issues relating to data collection, 

19 such as small sample sizes, large margins of er20 rors, or other issues related to the validity and 

21 statistical significance of data on Native chil22 dren; 

23 (E) the barriers to the development of sus24 tainable, multidisciplinary programs designed to 

25 assist high-risk Native children and families of 


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

2 examples of successful program models and use 

3 of best practices; and 

4 (F) the barriers to interagency coordina5 tion on programs benefitting Native children. 

6 (2) COORDINATION.—In conducting the study 

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

8 the Commission shall, to the maximum extent prac9 ticable, collaborate with other workgroups focused on 

10 similar issues, such as the Task Force on American 

11 Indian/Alaska Native Children Exposed to Violence 

12 of the Attorney General. 

13 (3) RECOMMENDATIONS.—Taking into consid14 eration the results of the study under paragraph (1) 

15 and the analysis of any existing data relating to Na16 tive children received from Federal agencies, the 

17 Commission shall— 

18 (A) develop goals, and plans for achieving 

19 those goals, for Federal policy relating to Na20 tive children in the short-, mid-, and long-term, 

21 which shall be informed by the development of 

22 accurate child well-being measures; 

23 (B) make recommendations on necessary 

24 modifications and improvements to programs 

25 that serve Native children at the Federal, State, 


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1 and tribal level that integrate the cultural 

2 strengths of the communities of the Native chil3 dren and will result in— 

4 (i) improvements to the child welfare 

5 system that— 

6 (I) reduce the disproportionate 

7 rate at which Native children enter 

8 child protective services and the pe9 riod of time spent in the foster sys10 tem; 

11 (II) increase coordination among 

12 social workers, police, and foster fami13 lies assisting Native children while in 

14 the foster system to result in the in15 creased safety of Native children while 

16 in the foster system; 

17 (III) encourage the hiring and re18 tention of licensed social workers in 

19 Native communities; 

20 (IV) address the lack of available 

21 foster homes in Native communities; 

22 and 

23 (V) improve the academic pro24 ficiency and graduation rates of Na25 tive children in the foster system; 


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1 (ii) improvements to the mental and 

2 physical health of Native children, taking 

3 into consideration the rates of suicide, sub4 stance abuse, and access to nutrition and 

5 health care, including— 

6 (I) an analysis of the increased 

7 access of Native children to Medicaid 

8 under the Patient Protection and Af9 fordable Care Act (Public Law 111– 

10 148) and the effect of that increase 

11 on the ability of Indian tribes and Na12 tive Hawaiians to develop sustainable 

13 health programs; and 

14 (II) an evaluation of the effects 

15 of a lack of public sanitation infra16 structure, including in-home sewer 

17 and water, on the health status of Na18 tive children; 

19 (iii) improvements to educational and 

20 vocational opportunities for Native children 

21 that will lead to— 

22 (I) increased school attendance, 

23 performance, and graduation rates for 

24 Native children across all educational 


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1 levels, including early education, post2 secondary, and graduate school; 

3 (II) scholarship opportunities at 

4 a Tribal College or University and 

5 other public and private postsecondary 

6 institutions; 

7 (III) increased participation of 

8 the immediate families of Native chil9 dren; 

10 (IV) coordination among schools 

11 and Indian tribes that serve Native 

12 children, including in the areas of 

13 data sharing and student tracking; 

14 (V) accurate identification of stu15 dents as Native children; and 

16 (VI) increased school counseling 

17 services, improved access to quality 

18 nutrition at school, and safe student 

19 transportation; 

20 (iv) improved policies and practices by 

21 local school districts that would result in 

22 improved academic proficiency for Native 

23 children; 

24 (v) increased access to extracurricular 

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1 signed to increase self-esteem, promote 

2 community engagement, and support aca3 demic excellence while also serving to pre4 vent unplanned pregnancy, membership in 

5 gangs, drug and alcohol abuse, and suicide, 

6 including activities that incorporate tradi7 tional language and cultural practices of 

8 Indians and Native Hawaiians; 

9 (vi) improvements to Federal, State, 

10 and tribal juvenile detention programs— 

11 (I) to provide greater access to 

12 educational opportunities and social 

13 services for incarcerated Native chil14 dren; 

15 (II) to promote prevention and 

16 reduce incarceration and recidivism 

17 rates among Native children; 

18 (III) to incorporate families and 

19 the traditional cultures of Indians and 

20 Native Hawaiians in the process, in21 cluding through the development of a 

22 family court for juvenile offenses; and 

23 (IV) to prevent unnecessary de24 tentions and identify successful re25 entry programs; 


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1 (vii) expanded access to a continuum 

2 of early development and learning services 

3 for Native children from prenatal to age 5 

4 that are culturally competent, support Na5 tive language preservation, and comprehen6 sively promote the health, well-being, learn7 ing, and development of Native children, 

8 such as— 

9 (I) high quality early care and 

10 learning programs for children start11 ing from birth, including Early Head 

12 Start, Head Start, child care, and 

13 preschool programs; 

14 (II) programs, including home 

15 visiting and family resource and sup16 port programs, that increase the ca17 pacity of parents to support the learn18 ing and development of the children of 

19 the parents, beginning prenatally, and 

20 connect the parents with necessary re21 sources; 

22 (III) early intervention and pre23 school services for infants, toddlers, 

24 and preschool-aged children with de25 velopmental delays or disabilities; and 


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1 (IV) professional development op2 portunities for Native providers of 

3 early development and learning serv4 ices; 

5 (viii) the development of a system that 

6 delivers wrap-around services to Native 

7 children in a way that is comprehensive 

8 and sustainable, including through in9 creased coordination among Indian tribes, 

10 schools, law enforcement, health care pro11 viders, social workers, and families; 

12 (ix) more flexible use of existing Fed13 eral programs, such as by— 

14 (I) providing Indians and Native 

15 Hawaiians with more flexibility to 

16 carry out programs, while minimizing 

17 administrative time, cost, and expense 

18 and reducing the burden of Federal 

19 paperwork requirements; and 

20 (II) allowing unexpended Federal 

21 funds to be used flexibly across Fed22 eral agencies to support programs 

23 benefitting Native children, while tak24 ing into account— 


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1 (aa) the 477 Demonstration 

2 Initiative of the Department of 

3 the Interior; 

4 (bb) the Coordinated Tribal 

5 Assistance Solicitation program 

6 of the Department of Justice; 

7 (cc) the Federal policy of 

8 self-determination; and 

9 (dd) any consolidated grant 

10 programs; and 

11 (x) solutions to other issues that, as 

12 determined by the Commission, would im13 prove the health, safety, and well-being of 

14 Native children; 

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

16 the existing data, make recommendations for 

17 improving data collection methods that con18 sider— 

19 (i) the adoption of standard defini20 tions and compatible systems platforms to 

21 allow for greater linkage of data sets 

22 across Federal agencies; 

23 (ii) the appropriateness of existing 

24 data categories for comparative purposes; 


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1 (iii) the development of quality data 

2 and measures, such as by ensuring suffi3 cient sample sizes and frequency of sam4 pling, for Federal, State, and tribal pro5 grams that serve Native children; 

6 (iv) the collection and measurement of 

7 data that are useful to Indian tribes and 

8 Native Hawaiians; 

9 (v) the inclusion of Native children in 

10 longitudinal studies; and 

11 (vi) tribal access to data gathered by 

12 Federal, State, and local governmental 

13 agencies; and 

14 (D) identify models of successful Federal, 

15 State, and tribal programs in the areas studied 

16 by the Commission. 

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

18 on which all members of the Commission are appointed 

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

20 Commission shall submit to the President, Congress, and 

21 the White House Council on Native American Affairs a 

22 report that contains— 

23 (1) a detailed statement of the findings and 

24 conclusions of the Commission; and 


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1 (2) the recommendations of the Commission for 

2 such legislative and administrative actions as the 

3 Commission considers to be appropriate. 

4 (g) POWERS.— 

5 (1) HEARINGS.— 

6 (A) IN GENERAL.—The Commission may 

7 hold such hearings, meet and act at such times 

8 and places, take such testimony, and receive 

9 such evidence as the Commission considers to 

10 be advisable to carry out the duties of the Com11 mission under this section, except that the 

12 Commission shall hold not less than 5 hearings 

13 in Native communities. 

14 (B) PUBLIC REQUIREMENT.—The hearings 

15 of the Commission under this paragraph shall 

16 be open to the public. 

17 (2) WITNESS EXPENSES.— 

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

19 appear before the Commission shall be paid the 

20 same fees and allowances as are paid to wit21 nesses under section 1821 of title 28, United 

22 States Code. 

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

24 and allowances for a witness shall be paid from 

25 funds made available to the Commission. 


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1 (3) INFORMATION FROM FEDERAL, TRIBAL, 

2 AND STATE AGENCIES.— 

3 (A) IN GENERAL.—The Commission may 

4 secure directly from a Federal agency such in5 formation as the Commission considers to be 

6 necessary to carry out this section. 

7 (B) TRIBAL AND STATE AGENCIES.—The 

8 Commission may request the head of any tribal 

9 or State agency to provide to the Commission 

10 such information as the Commission considers 

11 to be necessary to carry out this Act. 

12 (4) POSTAL SERVICES.—The Commission may 

13 use the United States mails in the same manner and 

14 under the same conditions as other agencies of the 

15 Federal Government. 

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

17 and dispose of gifts or donations of services or prop18 erty related to the purpose of the Commission. 

19 (h) COMMISSION PERSONNEL MATTERS.— 

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

21 Commission shall be allowed travel expenses, includ22 ing per diem in lieu of subsistence, at rates author23 ized for an employee of an agency under subchapter 

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

25 away from the home or regular place of business of 


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1 the member in the performance of the duties of the 

2 Commission. 

3 (2) DETAIL OF FEDERAL EMPLOYEES.— 

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

of 2 5 ⁄3 of the members of the Commission— 

6 (i) the Attorney General, the Sec7 retary, the Secretary of Education, and the 

8 Secretary of the Health and Human Serv9 ices shall each detail, without reimburse10 ment, 1 or more employees of the Depart11 ment of Justice, the Department of the In12 terior, the Department of Education, and 

13 the Department of Health and Human 

14 Services; and 

15 (ii) with the approval of the appro16 priate Federal agency head, an employee of 

17 any other Federal agency may be, without 

18 reimbursement, detailed to the Commis19 sion. 

20 (B) EFFECT ON DETAILEES.—Detail 

21 under this paragraph shall be without interrup22 tion or loss of civil service status, benefits, or 

23 privileges. 

24 (3) PROCUREMENT OF TEMPORARY AND INTER25 MITTENT SERVICES.— 


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1 (A) IN GENERAL.—On request of the Com2 mission, the Attorney General shall provide to 

3 the Commission, on a reimbursable basis, rea4 sonable and appropriate office space, supplies, 

5 and administrative assistance. 

6 (B) NO REQUIREMENT FOR PHYSICAL FA7 CILITIES.—The Administrator of General Serv8 ices shall not be required to locate a permanent, 

9 physical office space for the operation of the 

10 Commission. 

11 (4) MEMBERS NOT FEDERAL EMPLOYEES.—No 

12 member of the Commission, the Native Advisory 

13 Committee, or the Native Children Subcommittee 

14 shall be considered to be a Federal employee. 

15 (i) TERMINATION OF COMMISSION.—The Commis16 sion shall terminate 90 days after the date on which the 

17 Commission submits the report under subsection (f). 

18 (j) NONAPPLICABILITY OF FACA.—The Federal Ad19 visory Committee Act (5 U.S.C. App.) shall not apply to 

20 the Commission, the Native Advisory Committee, or the 

21 Native Children Subcommittee. 

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

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

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1 ney General shall make not more than $2,000,000 avail2 able to the Commission to carry out this Act. 

3 SECTION 1. SHORT TITLE. 

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

5 Walter Soboleff Commission on Native Children Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the United States has a distinct legal, treaty, 

9 and trust obligation to provide for the education, 

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

11 Native children; 

12 (2) chronic underfunding of Federal programs to 

13 fulfill the longstanding Federal trust obligation has 

14 resulted in limited access to critical services for the 

15 more than 2,100,000 Native children under the age of 

16 24 living in the United States; 

17 (3) Native children are the most at-risk popu18 lation in the United States, confronting serious dis19 parities in education, health, and safety, with 37 per20 cent living in poverty; 

21 (4) 17 percent of Native children have no health 

22 insurance coverage, and child mortality has increased 

23 15 percent among Native children aged 1 to 14, while 

24 the overall rate of child mortality in the United 

25 States decreased by 9 percent; 


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

2 in Native children aged 15 through 24, a rate that is 

3 2.5 times the national average, and violence, includ4 ing intentional injuries, homicide, and suicide, ac5 count for 75 percent of the deaths of Native children 

6 aged 12 through 20; 

7 (6) 58 percent of 3- and 4-year-old Native chil8 dren are not attending any form of preschool, 15 per9 cent of Native children are not in school and not 

10 working, and the graduation rate for Native high 

11 school students is 50 percent; 

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

13 older report alcohol use, 16 percent report substance 

14 dependence or abuse, 35.8 percent report tobacco use, 

15 and 12.5 percent report illicit drug use; 

16 (8) Native children disproportionately enter fos17 ter care at a rate more than 2.1 times the general 

18 population and have the third highest rate of victim19 ization; and 

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

21 continued existence and integrity of Native commu22 nities than Native children, and the United States 

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

24 children. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

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

4 means the Alyce Spotted Bear and Walter Soboleff 

5 Commission on Native Children established by section 

6 4. 

7 (2) INDIAN.—The term ‘‘Indian’’ has the mean8 ing given the term in section 4 of the Indian Self-De9 termination and Education Assistance Act (25 U.S.C. 

10 450b). 

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

12 the meaning given the term in section 4 of the Indian 

13 Self-Determination and Education Assistance Act (25 

14 U.S.C. 450b). 

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

16 means— 

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

18 in section 4 of the Indian Child Welfare Act of 

19 1978 (25 U.S.C. 1903); 

20 (B) an Indian who is between the ages of 18 

21 and 24 years old; and 

22 (C) a Native Hawaiian who is not older 

23 than 24 years old. 

24 (5) NATIVE HAWAIIAN.—The term ‘‘Native Ha25 waiian’’ has the meaning given the term in section 


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1 7207 of the Elementary and Secondary Education 

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

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

4 the Secretary of the Interior. 

5 (7) TRIBAL COLLEGE OR UNIVERSITY.—The term 

6 ‘‘Tribal College or University’’ has the meaning given 

7 the term in section 316(b) of the Higher Education 

8 Act of 1965 (20 U.S.C. 1059c(b)). 

9 SEC. 4. COMMISSION ON NATIVE CHILDREN. 

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

11 in the Office of Tribal Justice of the Department of Justice, 

12 to be known as the ‘‘Alyce Spotted Bear and Walter Soboleff 

13 Commission on Native Children’’. 

14 (b) MEMBERSHIP.— 

15 (1) IN GENERAL.—The Commission shall be com16 posed of 11 members, of whom— 

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

18 in consultation with— 

19 (i) the Attorney General; 

20 (ii) the Secretary; 

21 (iii) the Secretary of Education; and 

22 (iv) the Secretary of Health and 

23 Human Services; 

24 (B) 3 shall be appointed by the Majority 

25 Leader of the Senate, in consultation with the 


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1 Chairperson of the Committee on Indian Affairs 

2 of the Senate; 

3 (C) 1 shall be appointed by the Minority 

4 Leader of the Senate, in consultation with the 

5 Vice Chairperson of the Committee on Indian Af6 fairs of the Senate; 

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

8 the House of Representatives, in consultation 

9 with the Chairperson of the Committee on Nat10 ural Resources of the House of Representatives; 

11 and 

12 (E) 1 shall be appointed by the Minority 

13 Leader of the House of Representatives, in con14 sultation with the Ranking Member of the Com15 mittee on Natural Resources of the House of Rep16 resentatives. 

17 (2) REQUIREMENTS FOR ELIGIBILITY.— 

18 (A) IN GENERAL.—Subject to subparagraph 

19 (B), each member of the Commission shall have 

20 significant experience and expertise in— 

21 (i) Indian affairs; and 

22 (ii) matters to be studied by the Com23 mission, including— 


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1 (I) health care issues facing Na2 tive children, including mental health, 

3 physical health, and nutrition; 

4 (II) Indian education, including 

5 experience with Bureau of Indian Edu6 cation schools and public schools, trib7 ally operated schools, tribal colleges or 

8 universities, early childhood education 

9 programs, and the development of ex10 tracurricular programs; 

11 (III) juvenile justice programs re12 lating to prevention and reducing in13 carceration and rates of recidivism; 

14 and 

15 (IV) social service programs that 

16 are used by Native children and de17 signed to address basic needs, such as 

18 food, shelter, and safety, including 

19 child protective services, group homes, 

20 and shelters. 

21 (B) EXPERTS.— 

22 (i) NATIVE CHILDREN.—1 member of 

23 the Commission shall— 

24 (I) meet the requirements of sub25 paragraph (A); and 


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1 (II) be responsible for providing 

2 the Commission with insight into and 

3 input from Native children on the mat4 ters studied by the Commission. 

5 (ii) RESEARCH.—1 member of the 

6 Commission shall— 

7 (I) meet the requirements of sub8 paragraph (A); and 

9 (II) have extensive experience in 

10 statistics or social science research. 

11 (3) TERMS.— 

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

13 Commission shall be appointed for the life of the 

14 Commission. 

15 (B) VACANCIES.—A vacancy in the Com16 mission shall be filled in the manner in which 

17 the original appointment was made. 

18 (c) OPERATION.— 

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

20 the date on which all members of the Commission 

21 have been appointed, the Commission shall select 1 

22 member to serve as Chairperson of the Commission. 

23 (2) MEETINGS.— 

24 (A) IN GENERAL.—The Commission shall 

25 meet at the call of the Chairperson. 


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1 (B) INITIAL MEETING.—The initial meeting 

2 of the Commission shall take place not later than 

3 30 days after the date described in paragraph 

4 (1). 

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

6 Commission shall constitute a quorum, but a lesser 

7 number of members may hold hearings. 

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

9 majority vote, any rules for the conduct of Commis10 sion business, in accordance with this Act and other 

11 applicable law. 

12 (d) NATIVE ADVISORY COMMITTEE.— 

13 (1) ESTABLISHMENT.—The Commission shall es14 tablish a committee, to be known as the ‘‘Native Advi15 sory Committee’’. 

16 (2) MEMBERSHIP.— 

17 (A) COMPOSITION.—The Native Advisory 

18 Committee shall consist of— 

19 (i) 1 representative of Indian tribes 

20 from each region of the Bureau of Indian 

21 Affairs who is 25 years of age or older; and 

22 (ii) 1 Native Hawaiian who is 25 

23 years of age or older. 

24 (B) QUALIFICATIONS.—Each member of the 

25 Native Advisory Committee shall have experience 


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1 relating to matters to be studied by the Commis2 sion. 

3 (3) DUTIES.—The Native Advisory Committee 

4 shall— 

5 (A) serve as an advisory body to the Com6 mission; and 

7 (B) provide to the Commission advice and 

8 recommendations, submit materials, documents, 

9 testimony, and such other information as the 

10 Commission determines to be necessary to carry 

11 out the duties of the Commission under this sec12 tion. 

13 (4) NATIVE CHILDREN SUBCOMMITTEE.—The 

14 Native Advisory Committee shall establish a sub15 committee that shall consist of at least 1 member from 

16 each region of the Bureau of Indian Affairs and 1 

17 Native Hawaiian, each of whom shall be a Native 

18 child, and have experience serving on the council of 

19 a tribal, regional, or national youth organization. 

20 (e) COMPREHENSIVE STUDY OF NATIVE CHILDREN

21 ISSUES.— 

22 (1) IN GENERAL.—The Commission shall conduct 

23 a comprehensive study of Federal, State, local, and 

24 tribal programs that serve Native children, including 

25 an evaluation of— 


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1 (A) the impact of concurrent jurisdiction on 

2 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 finan9 cial support, such as from private foundations 

10 and corporate charities, for programs benefitting 

11 Native children; 

12 (D) the issues relating to data collection, 

13 such as small sample sizes, large margins of 

14 error, 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 of 

22 best practices; and 

23 (F) the barriers to interagency coordination 

24 on programs benefitting Native children. 


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1 (2) COORDINATION.—In conducting the study 

2 under paragraph (1), the Commission shall, to the 

3 maximum extent practicable— 

4 (A) to avoid duplication of efforts, collabo5 rate with other workgroups focused on similar 

6 issues, such as the Task Force on American In7 dian/Alaska Native Children Exposed to Violence 

8 of the Attorney General; and 

9 (B) to improve coordination and reduce 

10 travel costs, use available technology. 

11 (3) RECOMMENDATIONS.—Taking into consider12 ation the results of the study under paragraph (1) 

13 and the analysis of any existing data relating to Na14 tive children received from Federal agencies, the Com15 mission shall— 

16 (A) develop goals, and plans for achieving 

17 those goals, for Federal policy relating to Native 

18 children in the short-, mid-, and long-term, 

19 which shall be informed by the development of 

20 accurate child well-being measures; 

21 (B) make recommendations on necessary 

22 modifications and improvements to programs 

23 that serve Native children at the Federal, State, 

24 and tribal levels that integrate the cultural 


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1 strengths of the communities of the Native chil2 dren and will result in— 

3 (i) improvements to the child welfare 

4 system that— 

5 (I) reduce the disproportionate 

6 rate at which Native children enter 

7 child protective services and the period 

8 of time spent in the foster system; 

9 (II) increase coordination among 

10 social workers, police, and foster fami11 lies assisting Native children while in 

12 the foster system to result in the in13 creased safety of Native children while 

14 in the foster system; 

15 (III) encourage the hiring and re16 tention of licensed social workers in 

17 Native communities; 

18 (IV) address the lack of available 

19 foster homes in Native communities; 

20 and 

21 (V) reduce truancy and improve 

22 the academic proficiency and gradua23 tion rates of Native children in the fos24 ter system; 


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1 (ii) improvements to the mental and 

2 physical health of Native children, taking 

3 into consideration the rates of suicide, sub4 stance abuse, and access to nutrition and 

5 health care, including— 

6 (I) an analysis of the increased 

7 access of Native children to Medicaid 

8 under the Patient Protection and Af9 fordable Care Act (Public Law 111– 

10 148) and the effect of that increase on 

11 the ability of Indian tribes and Native 

12 Hawaiians to develop sustainable 

13 health programs; and 

14 (II) an evaluation of the effects of 

15 a lack of public sanitation infrastruc16 ture, including in-home sewer and 

17 water, on the health status of Native 

18 children; 

19 (iii) improvements to educational and 

20 vocational opportunities for Native children 

21 that will lead to— 

22 (I) increased school attendance, 

23 performance, and graduation rates for 

24 Native children across all educational 


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1 levels, including early education, post2 secondary, and graduate school; 

3 (II) localized strategies developed 

4 by educators, tribal and community 

5 leaders, and law enforcement to pre6 vent and reduce truancy among Native 

7 children; 

8 (III) scholarship opportunities at 

9 a Tribal College or University and 

10 other public and private postsecondary 

11 institutions; 

12 (IV) increased participation of the 

13 immediate families of Native children; 

14 (V) coordination among schools 

15 and Indian tribes that serve Native 

16 children, including in the areas of data 

17 sharing and student tracking; 

18 (VI) accurate identification of 

19 students as Native children; and 

20 (VII) increased school counseling 

21 services, improved access to quality nu22 trition at school, and safe student 

23 transportation; 

24 (iv) improved policies and practices by 

25 local school districts that would result in 


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1 improved academic proficiency for Native 

2 children; 

3 (v) increased access to extracurricular 

4 activities for Native children that are de5 signed to increase self-esteem, promote com6 munity engagement, and support academic 

7 excellence while also serving to prevent un8 planned pregnancy, membership in gangs, 

9 drug and alcohol abuse, and suicide, includ10 ing activities that incorporate traditional 

11 language and cultural practices of Indians 

12 and Native Hawaiians; 

13 (vi) improvements to Federal, State, 

14 and tribal juvenile detention programs— 

15 (I) to provide greater access to 

16 educational opportunities and social 

17 services for incarcerated Native chil18 dren; 

19 (II) to promote prevention and re20 duce incarceration and recidivism 

21 rates among Native children; 

22 (III) to incorporate families and 

23 the traditional cultures of Indians and 

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1 cluding through the development of a 

2 family court for juvenile offenses; and 

3 (IV) to prevent unnecessary deten4 tions and identify successful reentry 

5 programs; 

6 (vii) expanded access to a continuum 

7 of early development and learning services 

8 for Native children from prenatal to age 5 

9 that are culturally competent, support Na10 tive language preservation, and comprehen11 sively promote the health, well-being, learn12 ing, and development of Native children, 

13 such as— 

14 (I) high quality early care and 

15 learning programs for children start16 ing from birth, including Early Head 

17 Start, Head Start, child care, and pre18 school programs; 

19 (II) programs, including home 

20 visiting and family resource and sup21 port programs, that increase the capac22 ity of parents to support the learning 

23 and development of the children of the 

24 parents, beginning prenatally, and 


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1 connect the parents with necessary re2 sources; 

3 (III) early intervention and pre4 school services for infants, toddlers, 

5 and preschool-aged children with devel6 opmental delays or disabilities; and 

7 (IV) professional development op8 portunities for Native providers of 

9 early development and learning serv10 ices; 

11 (viii) the development of a system that 

12 delivers wrap-around services to Native 

13 children in a way that is comprehensive 

14 and sustainable, including through in15 creased coordination among Indian tribes, 

16 schools, law enforcement, health care pro17 viders, social workers, and families; 

18 (ix) more flexible use of existing Fed19 eral programs, such as by— 

20 (I) providing Indians and Native 

21 Hawaiians with more flexibility to 

22 carry out programs, while minimizing 

23 administrative time, cost, and expense 

24 and reducing the burden of Federal pa25 perwork requirements; and 


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1 (II) allowing unexpended Federal 

2 funds to be used flexibly across Federal 

3 agencies to support programs benefit4 ting Native children, while taking into 

5 account— 

6 (aa) the 477 Demonstration 

7 Initiative of the Department of 

8 the Interior; 

9 (bb) the Coordinated Tribal 

10 Assistance Solicitation program of 

11 the Department of Justice; 

12 (cc) the Federal policy of self13 determination; and 

14 (dd) any consolidated grant 

15 programs; and 

16 (x) solutions to other issues that, as de17 termined by the Commission, would im18 prove the health, safety, and well-being of 

19 Native children; 

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

21 the existing data, make recommendations for im22 proving data collection methods that consider— 

23 (i) the adoption of standard definitions 

24 and compatible systems platforms to allow 


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1 for greater linkage of data sets across Fed2 eral agencies; 

3 (ii) the appropriateness of existing 

4 data categories for comparative purposes; 

5 (iii) the development of quality data 

6 and measures, such as by ensuring suffi7 cient sample sizes and frequency of sam8 pling, for Federal, State, and tribal pro9 grams that serve Native children; 

10 (iv) the collection and measurement of 

11 data that are useful to Indian tribes and 

12 Native Hawaiians; 

13 (v) the inclusion of Native children in 

14 longitudinal studies; and 

15 (vi) tribal access to data gathered by 

16 Federal, State, and local governmental 

17 agencies; and 

18 (D) identify models of successful Federal, 

19 State, and tribal programs in the areas studied 

20 by the Commission. 

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

22 which all members of the Commission are appointed and 

23 amounts are made available to carry out this Act, the Com24 mission shall submit to the President, Congress, and the 


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1 White House Council on Native American Affairs a report 

2 that contains— 

3 (1) a detailed statement of the findings and con4 clusions of the Commission; and 

5 (2) the recommendations of the Commission for 

6 such legislative and administrative actions as the 

7 Commission considers to be appropriate. 

8 (g) POWERS.— 

9 (1) HEARINGS.— 

10 (A) IN GENERAL.—The Commission may 

11 hold such hearings, meet and act at such times 

12 and places, take such testimony, and receive such 

13 evidence as the Commission considers to be ad14 visable to carry out the duties of the Commission 

15 under this section, except that the Commission 

16 shall hold not less than 5 hearings in Native 

17 communities. 

18 (B) PUBLIC REQUIREMENT.—The hearings 

19 of the Commission under this paragraph shall be 

20 open to the public. 

21 (2) WITNESS EXPENSES.— 

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

23 appear before the Commission shall be paid the 

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1 nesses under section 1821 of title 28, United 

2 States Code. 

3 (B) PER DIEM AND MILEAGE.—The fees and 

4 allowances for a witness shall be paid from funds 

5 made available to the Commission. 

6 (3) INFORMATION FROM FEDERAL, TRIBAL, AND

7 STATE AGENCIES.— 

8 (A) IN GENERAL.—The Commission may se9 cure directly from a Federal agency such infor10 mation as the Commission considers to be nec11 essary to carry out this section. 

12 (B) TRIBAL AND STATE AGENCIES.—The 

13 Commission may request the head of any tribal 

14 or State agency to provide to the Commission 

15 such information as the Commission considers to 

16 be necessary to carry out this Act. 

17 (4) POSTAL SERVICES.—The Commission may 

18 use the United States mails in the same manner and 

19 under the same conditions as other agencies of the 

20 Federal Government. 

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

22 and dispose of gifts or donations of services or prop23 erty related to the purpose of the Commission. 

24 (h) COMMISSION PERSONNEL MATTERS.— 


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1 (1) TRAVEL EXPENSES.—A member of the Com2 mission shall be allowed travel expenses, including 

3 per diem in lieu of subsistence, at rates authorized for 

4 an employee of an agency under subchapter I of chap5 ter 57 of title 5, United States Code, while away from 

6 the home or regular place of business of the member 

7 in the performance of the duties of the Commission. 

8 (2) DETAIL OF FEDERAL EMPLOYEES.— 

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

of 2 10 ⁄3 of the members of the Commission— 

11 (i) the Attorney General, the Secretary, 

12 the Secretary of Education, and the Sec13 retary of the Health and Human Services 

14 shall each detail, without reimbursement, 1 

15 or more employees of the Department of 

16 Justice, the Department of the Interior, the 

17 Department of Education, and the Depart18 ment of Health and Human Services; and 

19 (ii) with the approval of the appro20 priate Federal agency head, an employee of 

21 any other Federal agency may be, without 

22 reimbursement, detailed to the Commission. 

23 (B) EFFECT ON DETAILEES.—Detail under 

24 this paragraph shall be without interruption or 

25 loss of civil service status, benefits, or privileges. 


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1 (3) PROCUREMENT OF TEMPORARY AND INTER2 MITTENT SERVICES.— 

3 (A) IN GENERAL.—On request of the Com4 mission, the Attorney General shall provide to 

5 the Commission, on a reimbursable basis, reason6 able and appropriate office space, supplies, and 

7 administrative assistance. 

8 (B) NO REQUIREMENT FOR PHYSICAL FA9 CILITIES.—The Administrator of General Serv10 ices shall not be required to locate a permanent, 

11 physical office space for the operation of the 

12 Commission. 

13 (4) MEMBERS NOT FEDERAL EMPLOYEES.—No 

14 member of the Commission, the Native Advisory Com15 mittee, or the Native Children Subcommittee shall be 

16 considered to be a Federal employee. 

17 (i) TERMINATION OF COMMISSION.—The Commission 

18 shall terminate 90 days after the date on which the Com19 mission submits the report under subsection (f). 

20 (j) NONAPPLICABILITY OF FACA.—The Federal Advi21 sory Committee Act (5 U.S.C. App.) shall not apply to the 

22 Commission, the Native Advisory Committee, or the Native 

23 Children Subcommittee. 

24 (k) FUNDING.—Out of any unobligated amounts made 

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1 retary of Health and Human Services, the Attorney General 

2 shall make not more than $2,000,000 available to the Com3 mission to carry out this Act. 


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Calendar No. 537 

113TH CONGRESS 

2D SESSION S. 1622 

A BILL 

To establish the Alyce Spotted Bear and Walter 

other purposes. Soboleff Commission on Native Children, and for 

AUGUST 26, 2014 

Reported with an amendment 


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