I 

114TH CONGRESS 

1ST SESSION H. R. 2751 

To establish the Alyce Spotted Bear and Walter Soboleff Commission on 

Native Children, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2015 

Ms. MCCOLLUM (for herself, Mr. COLE, Mr. TAKAI, and Mr. DENHAM) introduced the following bill; which was referred to the Committee on Natural 

Resources 

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 of sub15 paragraph (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 the life of 

4 the Commission. 

5 (B) VACANCIES.—A vacancy in the Com6 mission shall be filled in the manner in which 

7 the original appointment was made. 

8 (c) OPERATION.— 

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

10 after the date on which all members of the Commis11 sion have been appointed, the Commission shall se12 lect 1 member to serve as Chairperson of the Com13 mission. 

14 (2) MEETINGS.— 

15 (A) IN GENERAL.—The Commission shall 

16 meet at the call of the Chairperson. 

17 (B) INITIAL MEETING.—The initial meet18 ing of the Commission shall take place not later 

19 than 30 days after the date described in para20 graph (1). 

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

22 the Commission shall constitute a quorum, but a 

23 lesser number of members may hold hearings. 

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

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1 sion business, in accordance with this Act and other 

2 applicable law. 

3 (d) NATIVE ADVISORY COMMITTEE.— 

4 (1) ESTABLISHMENT.—The Commission shall 

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

6 Advisory Committee’’. 

7 (2) MEMBERSHIP.— 

8 (A) COMPOSITION.—The Native Advisory 

9 Committee shall consist of— 

10 (i) 1 representative of Indian tribes 

11 from each region of the Bureau of Indian 

12 Affairs who is 25 years of age or older; 

13 and 

14 (ii) 1 Native Hawaiian who is 25 

15 years of age or older. 

16 (B) QUALIFICATIONS.—Each member of 

17 the Native Advisory Committee shall have expe18 rience relating to matters to be studied by the 

19 Commission. 

20 (3) DUTIES.—The Native Advisory Committee 

21 shall— 

22 (A) serve as an advisory body to the Com23 mission; and 

24 (B) provide to the Commission advice and 

25 recommendations, submit materials, documents, 


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1 testimony, and such other information as the 

2 Commission determines to be necessary to carry 

3 out the duties of the Commission under this 

4 section. 

5 (4) NATIVE CHILDREN SUBCOMMITTEE.—The 

6 Native Advisory Committee shall establish a sub7 committee that shall consist of at least 1 member 

8 from each region of the Bureau of Indian Affairs 

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

10 Native child, and have experience serving on the 

11 council of a tribal, regional, or national youth orga12 nization. 

13 (e) COMPREHENSIVE STUDY OF NATIVE CHILDREN

14 ISSUES.— 

15 (1) IN GENERAL.—The Commission shall con16 duct a comprehensive study of Federal, State, local, 

17 and tribal programs that serve Native children, in18 cluding an evaluation of— 

19 (A) the impact of concurrent jurisdiction 

20 on child welfare systems; 

21 (B) the barriers Indian tribes and Native 

22 Hawaiians face in applying, reporting on, and 

23 using existing public and private grant re24 sources, including identification of any Federal 

25 cost-sharing requirements; 


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1 (C) the obstacles to nongovernmental fi2 nancial support, such as from private founda3 tions and corporate charities, for programs ben4 efitting Native children; 

5 (D) the issues relating to data collection, 

6 such as small sample sizes, large margins of 

7 error, or other issues related to the validity and 

8 statistical significance of data on Native chil9 dren; 

10 (E) the barriers to the development of sus11 tainable, multidisciplinary programs designed to 

12 assist high-risk Native children and families of 

13 those high-risk Native children; 

14 (F) cultural or socioeconomic challenges in 

15 communities of Native children; 

16 (G) any examples of successful program 

17 models and use of best practices in programs 

18 that serve children and families; 

19 (H) the barriers to interagency coordina20 tion on programs benefitting Native children; 

21 and 

22 (I) the use of memoranda of agreement or 

23 interagency agreements to facilitate or improve 

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1 isting memoranda or interagency agreements on 

2 program service delivery and efficiency. 

3 (2) COORDINATION.—In conducting the study 

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

5 maximum extent practicable— 

6 (A) to avoid duplication of efforts, collabo7 rate with other workgroups focused on similar 

8 issues, such as the Task Force on American In9 dian/Alaska Native Children Exposed to Vio10 lence of the Attorney General; and 

11 (B) to improve coordination and reduce 

12 travel costs, use available technology. 

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 recommendations for goals, 

19 and plans for achieving those goals, for Federal 

20 policy relating to Native children in the short21 , mid-, and long-term, which shall be informed 

22 by the development of accurate child well-being 

23 measures, except that the Commission shall not 

24 consider or recommend the recognition or the 


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1 establishment of a government-to-government 

2 relationship with— 

3 (i) any entity not recognized on or be4 fore the date of enactment of this Act by 

5 the Federal Government through an Act of 

6 Congress, Executive action, judicial decree, 

7 or any other action; or 

8 (ii) any entity not included in the list 

9 authorized pursuant to the Federally Rec10 ognized Indian Tribe List Act of 1994 (25 

11 U.S.C. 479a et seq.); 

12 (B) make recommendations on necessary 

13 modifications and improvements to programs 

14 that serve Native children at the Federal, State, 

15 and tribal levels, on the condition that the rec16 ommendations recognize the diversity in cul17 tural values, integrate the cultural strengths of 

18 the communities of the Native children, and will 

19 result in— 

20 (i) improvements to the child welfare 

21 system that— 

22 (I) reduce the disproportionate 

23 rate at which Native children enter 

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1 riod of time spent in the foster sys2 tem; 

3 (II) increase coordination among 

4 social workers, police, and foster fami5 lies assisting Native children while in 

6 the foster system to result in the in7 creased safety of Native children while 

8 in the foster system; 

9 (III) encourage the hiring and re10 tention of licensed social workers in 

11 Native communities; 

12 (IV) address the lack of available 

13 foster homes in Native communities; 

14 and 

15 (V) reduce truancy and improve 

16 the academic proficiency and gradua17 tion rates of Native children in the 

18 foster system; 

19 (ii) improvements to the mental and 

20 physical health of Native children, taking 

21 into consideration the rates of suicide, sub22 stance abuse, and access to nutrition and 

23 health care, including— 

24 (I) an analysis of the increased 

25 access of Native children to Medicaid 


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1 under the Patient Protection and Af2 fordable Care Act (Public Law 111– 

3 148) and the effect of that increase 

4 on the ability of Indian tribes and Na5 tive Hawaiians to develop sustainable 

6 health programs; and 

7 (II) an evaluation of the effects 

8 of a lack of public sanitation infra9 structure, including in-home sewer 

10 and water, on the health status of Na11 tive children; 

12 (iii) improvements to educational and 

13 vocational opportunities for Native children 

14 that will lead to— 

15 (I) increased school attendance, 

16 performance, and graduation rates for 

17 Native children across all educational 

18 levels, including early education, post19 secondary, and graduate school; 

20 (II) localized strategies developed 

21 by educators, tribal and community 

22 leaders, and law enforcement to pre23 vent and reduce truancy among Na24 tive children; 


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1 (III) scholarship opportunities at 

2 a Tribal College or University and 

3 other public and private postsecondary 

4 institutions; 

5 (IV) increased participation of 

6 the immediate families of Native chil7 dren; 

8 (V) coordination among schools 

9 and Indian tribes that serve Native 

10 children, including in the areas of 

11 data sharing and student tracking; 

12 (VI) accurate identification of 

13 students as Native children; and 

14 (VII) increased school counseling 

15 services, improved access to quality 

16 nutrition at school, and safe student 

17 transportation; 

18 (iv) improved policies and practices by 

19 local school districts that would result in 

20 improved academic proficiency for Native 

21 children; 

22 (v) increased access to extracurricular 

23 activities for Native children that are de24 signed to increase self-esteem, promote 

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1 demic excellence while also serving to pre2 vent unplanned pregnancy, membership in 

3 gangs, drug and alcohol abuse, and suicide, 

4 including activities that incorporate tradi5 tional language and cultural practices of 

6 Indians and Native Hawaiians; 

7 (vi) taking into consideration the re8 port of the Indian Law and Order Com9 mission issued pursuant to section 15(f) of 

10 the Indian Law Enforcement Reform Act 

11 (25 U.S.C. 2812(f)), improvements to Fed12 eral, State, and tribal juvenile justice sys13 tems and detention programs— 

14 (I) to provide greater access to 

15 educational opportunities and social 

16 services for incarcerated Native chil17 dren; 

18 (II) to promote prevention and 

19 reduce incarceration and recidivism 

20 rates among Native children; 

21 (III) to identify intervention ap22 proaches and alternatives to incarcer23 ation of Native children; 

24 (IV) to incorporate families and 

25 the traditional cultures of Indians and 


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1 Native Hawaiians in the juvenile jus2 tice process, including through the de3 velopment of a family court for juve4 nile offenses; and 

5 (V) to prevent unnecessary de6 tentions and identify successful re7 entry programs; 

8 (vii) expanded access to a continuum 

9 of early development and learning services 

10 for Native children from prenatal to age 5 

11 that are culturally competent, support Na12 tive language preservation, and comprehen13 sively promote the health, well-being, learn14 ing, and development of Native children, 

15 such as— 

16 (I) high quality early care and 

17 learning programs for children start18 ing from birth, including Early Head 

19 Start, Head Start, child care, and 

20 preschool programs; 

21 (II) programs, including home 

22 visiting and family resource and sup23 port programs, that increase the ca24 pacity of parents to support the learn25 ing and development of the children of 


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1 the parents, beginning prenatally, and 

2 connect the parents with necessary re3 sources; 

4 (III) early intervention and pre5 school services for infants, toddlers, 

6 and preschool-aged children with de7 velopmental delays or disabilities; and 

8 (IV) professional development op9 portunities for Native providers of 

10 early development and learning serv11 ices; 

12 (viii) the development of a system that 

13 delivers wraparound services to Native 

14 children in a way that is comprehensive 

15 and sustainable, including through in16 creased coordination among Indian tribes, 

17 schools, law enforcement, health care pro18 viders, social workers, and families; 

19 (ix) more flexible use of existing Fed20 eral programs, such as by— 

21 (I) providing Indians and Native 

22 Hawaiians with more flexibility to 

23 carry out programs, while maintaining 

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1 ducing the burden of Federal paper2 work requirements; and 

3 (II) allowing unexpended Federal 

4 funds to be used flexibly to support 

5 programs benefitting Native children, 

6 while taking into account— 

7 (aa) the Indian Employ8 ment, Training and Related Serv9 ices Demonstration Act of 1992 

10 (25 U.S.C. 3401 note; 106 Stat. 

11 2302); 

12 (bb) the Coordinated Tribal 

13 Assistance Solicitation program 

14 of the Department of Justice; 

15 (cc) the Federal policy of 

16 self-determination; and 

17 (dd) any consolidated grant 

18 programs; and 

19 (x) solutions to other issues that, as 

20 determined by the Commission, would im21 prove the health, safety, and well-being of 

22 Native children; 

23 (C) make recommendations for improving 

24 data collection methods that consider— 


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1 (i) the adoption of standard defini2 tions and compatible systems platforms to 

3 allow for greater linkage of data sets 

4 across Federal agencies; 

5 (ii) the appropriateness of existing 

6 data categories for comparative purposes; 

7 (iii) the development of quality data 

8 and measures, such as by ensuring suffi9 cient sample sizes and frequency of sam10 pling, for Federal, State, and tribal pro11 grams that serve Native children; 

12 (iv) the collection and measurement of 

13 data that are useful to Indian tribes and 

14 Native Hawaiians; 

15 (v) the inclusion of Native children in 

16 longitudinal studies; and 

17 (vi) tribal access to data gathered by 

18 Federal, State, and local governmental 

19 agencies; and 

20 (D) identify models of successful Federal, 

21 State, and tribal programs in the areas studied 

22 by the Commission. 

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

24 on which all members of the Commission are appointed 

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


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1 Commission shall submit to the President, Congress, and 

2 the White House Council on Native American Affairs a 

3 report that contains— 

4 (1) a detailed statement of the findings and 

5 conclusions of the Commission; and 

6 (2) the recommendations of the Commission for 

7 such legislative and administrative actions as the 

8 Commission considers to be appropriate. 

9 (g) POWERS.— 

10 (1) HEARINGS.— 

11 (A) IN GENERAL.—The Commission may 

12 hold such hearings, meet and act at such times 

13 and places, take such testimony, and receive 

14 such evidence as the Commission considers to 

15 be advisable to carry out the duties of the Com16 mission under this section, except that the 

17 Commission shall hold not less than 5 hearings 

18 in Native communities. 

19 (B) PUBLIC REQUIREMENT.—The hearings 

20 of the Commission under this paragraph shall 

21 be open to the public. 

22 (2) WITNESS EXPENSES.— 

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

24 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 

4 and allowances for a witness shall be paid from 

5 funds made available to the Commission. 

6 (3) INFORMATION FROM FEDERAL, TRIBAL, 

7 AND STATE AGENCIES.— 

8 (A) IN GENERAL.—The Commission may 

9 secure directly from a Federal agency such in10 formation as the Commission considers to be 

11 necessary 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 

16 to 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 

2 Commission shall be allowed travel expenses, includ3 ing per diem in lieu of subsistence, at rates author4 ized for an employee of an agency under subchapter 

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

6 away from the home or regular place of business of 

7 the member in the performance of the duties of the 

8 Commission. 

9 (2) DETAIL OF FEDERAL EMPLOYEES.— 

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

of 2 11 ⁄3 of the members of the Commission— 

12 (i) the Attorney General, the Sec13 retary, the Secretary of Education, and the 

14 Secretary of Health and Human Services 

15 shall each detail, without reimbursement, 

16 one or more employees of the Department 

17 of Justice, the Department of the Interior, 

18 the Department of Education, and the De19 partment of Health and Human Services; 

20 and 

21 (ii) with the approval of the appro22 priate Federal agency head, an employee of 

23 any other Federal agency may be, without 

24 reimbursement, detailed to the Commis25 sion. 


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1 (B) EFFECT ON DETAILEES.—Detail 

2 under this paragraph shall be without interrup3 tion or loss of civil service status, benefits, or 

4 privileges. 

5 (3) PROCUREMENT OF TEMPORARY AND INTER6 MITTENT SERVICES.— 

7 (A) IN GENERAL.—On request of the Com8 mission, the Attorney General shall provide to 

9 the Commission, on a reimbursable basis, rea10 sonable and appropriate office space, supplies, 

11 and administrative assistance. 

12 (B) NO REQUIREMENT FOR PHYSICAL FA13 CILITIES.—The Administrator of General Serv14 ices shall not be required to locate a permanent, 

15 physical office space for the operation of the 

16 Commission. 

17 (4) MEMBERS NOT FEDERAL EMPLOYEES.—No 

18 member of the Commission, the Native Advisory 

19 Committee, or the Native Children Subcommittee 

20 shall be considered to be a Federal employee. 

21 (i) TERMINATION OF COMMISSION.—The Commis22 sion shall terminate 90 days after the date on which the 

23 Commission submits the report under subsection (f). 

24 (j) NONAPPLICABILITY OF FACA.—The Federal Ad25 visory Committee Act (5 U.S.C. App.) shall not apply to 


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1 the Commission, the Native Advisory Committee, or the 

2 Native Children Subcommittee. 

3 (k) EFFECT.—This Act shall not be construed to rec4 ognize or establish a government-to-government relation5 ship with— 

6 (1) any entity not recognized on or before the 

7 date of enactment of this Act by the Federal Gov8 ernment through an Act of Congress, Executive ac9 tion, judicial decree, or any other action; or 

10 (2) any entity not included in the list author11 ized pursuant to the Federally Recognized Indian 

12 Tribe List Act of 1994 (25 U.S.C. 479a et seq.). 

13 (l) FUNDING.—There is authorized to be appro14 priated to carry out this Act $2,000,000. 

Æ 


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