Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act
PL 114-244 (S.246), enacted 10/14/2016

130 STAT. 981 
PUBLIC LAW 114–244—OCT. 14, 2016 
Public Law 114–244 
114th Congress 
An Act 
To establish the Alyce Spotted Bear and Walter Soboleff Commission on Native 
Children, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Alyce Spotted Bear and Walter 
Soboleff Commission on Native Children Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COMMISSION.—The term ‘‘Commission’’ means the Alyce 
Spotted Bear and Walter Soboleff Commission on Native Chil-
dren established by section 3. 
(2) INDIAN.—The term ‘‘Indian’’ has the meaning given 
the term in section 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b). 
(3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 
given the term in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b). 
(4) NATIVE CHILD.—The term ‘‘Native child’’ means— 
(A) an Indian child, as that term is defined in section 
4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903); 
(B) an Indian who is between the ages of 18 and 
24 years old; and 
(C) a Native Hawaiian who is not older than 24 years 
old. 
(5) NATIVE HAWAIIAN.—The term ‘‘Native Hawaiian’’ has 
the meaning given the term in section 7207 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7517). 
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(7) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘‘Tribal Col-
lege or University’’ has the meaning given the term in section 
316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). 
SEC. 3. COMMISSION ON NATIVE CHILDREN. 
(a) IN GENERAL.—There is established a commission in the 
Office of Tribal Justice of the Department of Justice, to be known 
as the ‘‘Alyce Spotted Bear and Walter Soboleff Commission on 
Native Children’’. 
(b) MEMBERSHIP.— 
(1) IN GENERAL.—The Commission shall be composed of 
11 members, of whom— 
Consultations. 
Establishment. 
Alyce Spotted 
Bear and Walter 
Soboleff 
Commission on 
Native Children 
Act. 
Oct. 14, 2016 
[S. 246] 
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130 STAT. 982 
PUBLIC LAW 114–244—OCT. 14, 2016 
(A) 3 shall be appointed by the President, in consulta-
tion with— 
(i) the Attorney General; 
(ii) the Secretary; 
(iii) the Secretary of Education; and 
(iv) the Secretary of Health and Human Services; 
(B) 3 shall be appointed by the Majority Leader of 
the Senate, in consultation with the Chairperson of the 
Committee on Indian Affairs of the Senate; 
(C) 1 shall be appointed by the Minority Leader of 
the Senate, in consultation with the Vice Chairperson of 
the Committee on Indian Affairs of the Senate; 
(D) 3 shall be appointed by the Speaker of the House 
of Representatives, in consultation with the Chairperson 
of the Committee on Natural Resources of the House of 
Representatives; and 
(E) 1 shall be appointed by the Minority Leader of 
the House of Representatives, in consultation with the 
Ranking Member of the Committee on Natural Resources 
of the House of Representatives. 
(2) REQUIREMENTS FOR ELIGIBILITY.— 
(A) IN GENERAL.—Subject to subparagraph (B), each 
member of the Commission shall have significant experi-
ence and expertise in— 
(i) Indian affairs; and 
(ii) matters to be studied by the Commission, 
including— 
(I) health care issues facing Native children, 
including mental health, physical health, and 
nutrition; 
(II) Indian education, including experience 
with Bureau of Indian Education schools and 
public schools, tribally operated schools, tribal col-
leges or universities, early childhood education pro-
grams, and the development of extracurricular pro-
grams; 
(III) juvenile justice programs relating to 
prevention and reducing incarceration and rates 
of recidivism; and 
(IV) social service programs that are used by 
Native children and designed to address basic 
needs, such as food, shelter, and safety, including 
child protective services, group homes, and shel-
ters. 
(B) EXPERTS.— 
(i) NATIVE CHILDREN.—1 member of the Commis-
sion shall— 
(I) meet the requirements of subparagraph (A); 
and 
(II) be responsible for providing the Commis-
sion with insight into and input from Native chil-
dren on the matters studied by the Commission. 
(ii) RESEARCH.—1 member of the Commission 
shall— 
(I) meet the requirements of subparagraph (A); 
and 
President. 
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130 STAT. 983 
PUBLIC LAW 114–244—OCT. 14, 2016 
(II) have extensive experience in statistics or 
social science research. 
(3) TERMS.— 
(A) IN
GENERAL.—Each member of the Commission 
shall be appointed for the life of the Commission. 
(B) VACANCIES.—A vacancy in the Commission shall 
be filled in the manner in which the original appointment 
was made. 
(c) OPERATION.— 
(1) CHAIRPERSON.—Not later than 15 days after the date 
on which all members of the Commission have been appointed, 
the Commission shall select 1 member to serve as Chairperson 
of the Commission. 
(2) MEETINGS.— 
(A) IN GENERAL.—The Commission shall meet at the 
call of the Chairperson. 
(B) INITIAL
MEETING.—The initial meeting of the 
Commission shall take place not later than 30 days after 
the date described in paragraph (1). 
(3) QUORUM.—A majority of the members of the Commis-
sion shall constitute a quorum, but a lesser number of members 
may hold hearings. 
(4) RULES.—The Commission may establish, by majority 
vote, any rules for the conduct of Commission business, in 
accordance with this Act and other applicable law. 
(d) NATIVE ADVISORY COMMITTEE.— 
(1) ESTABLISHMENT.—The Commission shall establish a 
committee, to be known as the ‘‘Native Advisory Committee’’. 
(2) MEMBERSHIP.— 
(A) COMPOSITION.—The Native Advisory Committee 
shall consist of— 
(i) 1 representative of Indian tribes from each 
region of the Bureau of Indian Affairs who is 25 years 
of age or older; and 
(ii) 1 Native Hawaiian who is 25 years of age 
or older. 
(B) QUALIFICATIONS.—Each member of the Native 
Advisory Committee shall have experience relating to mat-
ters to be studied by the Commission. 
(3) DUTIES.—The Native Advisory Committee shall— 
(A) serve as an advisory body to the Commission; and 
(B) provide to the Commission advice and recommenda-
tions, submit materials, documents, testimony, and such 
other information as the Commission determines to be 
necessary to carry out the duties of the Commission under 
this section. 
(4) NATIVE CHILDREN SUBCOMMITTEE.—The Native Advisory 
Committee shall establish a subcommittee that shall consist 
of at least 1 member from each region of the Bureau of Indian 
Affairs and 1 Native Hawaiian, each of whom shall be a Native 
child, and have experience serving on the council of a tribal, 
regional, or national youth organization. 
(e) COMPREHENSIVE STUDY OF NATIVE CHILDREN ISSUES.— 
(1) IN GENERAL.—The Commission shall conduct a com-
prehensive study of Federal, State, local, and tribal programs 
that serve Native children, including an evaluation of— 
Evaluation. 
Establishment. 
Recommenda- 
tions. 
Determination. 
Deadline. 
Deadline. 
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130 STAT. 984 
PUBLIC LAW 114–244—OCT. 14, 2016 
(A) the impact of concurrent jurisdiction on child wel-
fare systems; 
(B) the barriers Indian tribes and Native Hawaiians 
face in applying, reporting on, and using existing public 
and private grant resources, including identification of any 
Federal cost-sharing requirements; 
(C) the obstacles to nongovernmental financial support, 
such as from private foundations and corporate charities, 
for programs benefitting Native children; 
(D) the issues relating to data collection, such as small 
sample sizes, large margins of error, or other issues related 
to the validity and statistical significance of data on Native 
children; 
(E) the barriers to the development of sustainable, 
multidisciplinary programs designed to assist high-risk 
Native children and families of those high-risk Native chil-
dren; 
(F) cultural or socioeconomic challenges in communities 
of Native children; 
(G) any examples of successful program models and 
use of best practices in programs that serve children and 
families; 
(H) the barriers to interagency coordination on pro-
grams benefitting Native children; and 
(I) the use of memoranda of agreement or interagency 
agreements to facilitate or improve agency coordination, 
including the effects of existing memoranda or interagency 
agreements on program service delivery and efficiency. 
(2) COORDINATION.—In conducting the study under para-
graph (1), the Commission shall, to the maximum extent prac-
ticable— 
(A) to avoid duplication of efforts, collaborate with 
other workgroups focused on similar issues, such as the 
Task Force on American Indian/Alaska Native Children 
Exposed to Violence of the Attorney General; and 
(B) to improve coordination and reduce travel costs, 
use available technology. 
(3) RECOMMENDATIONS.—Taking into consideration the 
results of the study under paragraph (1) and the analysis 
of any existing data relating to Native children received from 
Federal agencies, the Commission shall— 
(A) develop recommendations for goals, and plans for 
achieving those goals, for Federal policy relating to Native 
children in the short-, mid-, and long-term, which shall 
be informed by the development of accurate child well- 
being measures, except that the Commission shall not con-
sider or recommend the recognition or the establishment 
of a government-to-government relationship with— 
(i) any entity not recognized on or before the date 
of enactment of this Act by the Federal Government 
through an Act of Congress, Executive action, judicial 
decree, or any other action; or 
(ii) any entity not included in the list authorized 
pursuant to the Federally Recognized Indian Tribe List 
Act of 1994 (25 U.S.C. 479a et seq.); 
(B) make recommendations on necessary modifications 
and improvements to programs that serve Native children 
Plans. 
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130 STAT. 985 
PUBLIC LAW 114–244—OCT. 14, 2016 
at the Federal, State, and tribal levels, on the condition 
that the recommendations recognize the diversity in cul-
tural values, integrate the cultural strengths of the commu-
nities of the Native children, and will result in— 
(i) improvements to the child welfare system that— 
(I) reduce the disproportionate rate at which 
Native children enter child protective services and 
the period of time spent in the foster system; 
(II) 
increase 
coordination 
among 
social 
workers, police, and foster families assisting 
Native children while in the foster system to result 
in the increased safety of Native children while 
in the foster system; 
(III) encourage the hiring and retention of 
licensed social workers in Native communities; 
(IV) address the lack of available foster homes 
in Native communities; and 
(V) reduce truancy and improve the academic 
proficiency and graduation rates of Native children 
in the foster system; 
(ii) improvements to the mental and physical 
health of Native children, taking into consideration 
the rates of suicide, substance abuse, and access to 
nutrition and health care, including— 
(I) an analysis of the increased access of Native 
children to Medicaid under the Patient Protection 
and Affordable Care Act (Public Law 111–148) and 
the effect of that increase on the ability of Indian 
tribes and Native Hawaiians to develop sustain-
able health programs; and 
(II) an evaluation of the effects of a lack of 
public sanitation infrastructure, including in-home 
sewer and water, on the health status of Native 
children; 
(iii) improvements to educational and vocational 
opportunities for Native children that will lead to— 
(I) increased school attendance, performance, 
and graduation rates for Native children across 
all educational levels, including early education, 
post-secondary, and graduate school; 
(II) localized strategies developed by edu-
cators, tribal and community leaders, and law 
enforcement to prevent and reduce truancy among 
Native children; 
(III) scholarship opportunities at a Tribal Col-
lege or University and other public and private 
postsecondary institutions; 
(IV) increased participation of the immediate 
families of Native children; 
(V) coordination among schools and Indian 
tribes that serve Native children, including in the 
areas of data sharing and student tracking; 
(VI) accurate identification of students as 
Native children; and 
(VII) increased school counseling services, 
improved access to quality nutrition at school, and 
safe student transportation; 
Evaluation. 
Analysis. 
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130 STAT. 986 
PUBLIC LAW 114–244—OCT. 14, 2016 
(iv) improved policies and practices by local school 
districts that would result in improved academic pro-
ficiency for Native children; 
(v) increased access to extracurricular activities 
for Native children that are designed to increase self- 
esteem, promote community engagement, and support 
academic excellence while also serving to prevent 
unplanned pregnancy, membership in gangs, drug and 
alcohol abuse, and suicide, including activities that 
incorporate traditional language and cultural practices 
of Indians and Native Hawaiians; 
(vi) taking into consideration the report of the 
Indian Law and Order Commission issued pursuant 
to section 15(f) of the Indian Law Enforcement Reform 
Act (25 U.S.C. 2812(f)), improvements to Federal, 
State, and tribal juvenile justice systems and detention 
programs— 
(I) to provide greater access to educational 
opportunities and social services for incarcerated 
Native children; 
(II) to promote prevention and reduce incarcer-
ation and recidivism rates among Native children; 
(III) to identify intervention approaches and 
alternatives to incarceration of Native children; 
(IV) to incorporate families and the traditional 
cultures of Indians and Native Hawaiians in the 
juvenile justice process, including through the 
development of a family court for juvenile offenses; 
and 
(V) to prevent unnecessary detentions and 
identify successful reentry programs; 
(vii) expanded access to a continuum of early 
development and learning services for Native children 
from prenatal to age 5 that are culturally competent, 
support Native language preservation, and comprehen-
sively promote the health, well-being, learning, and 
development of Native children, such as— 
(I) high quality early care and learning pro-
grams for children starting from birth, including 
Early Head Start, Head Start, child care, and pre-
school programs; 
(II) programs, including home visiting and 
family resource and support programs, that 
increase the capacity of parents to support the 
learning and development of the children of the 
parents, beginning prenatally, and connect the par-
ents with necessary resources; 
(III) early intervention and preschool services 
for infants, toddlers, and preschool-aged children 
with developmental delays or disabilities; and 
(IV) professional development opportunities 
for Native providers of early development and 
learning services; 
(viii) the development of a system that delivers 
wrap-around services to Native children in a way that 
is comprehensive and sustainable, including through 
increased coordination among Indian tribes, schools, 
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130 STAT. 987 
PUBLIC LAW 114–244—OCT. 14, 2016 
law enforcement, health care providers, social workers, 
and families; 
(ix) more flexible use of existing Federal programs, 
such as by— 
(I) providing Indians and Native Hawaiians 
with more flexibility to carry out programs, while 
maintaining accountability, minimizing adminis-
trative time, cost, and expense and reducing the 
burden of Federal paperwork requirements; and 
(II) allowing unexpended Federal funds to be 
used flexibly to support programs benefitting 
Native children, while taking into account— 
(aa) the Indian Employment, Training and 
Related Services Demonstration Act of 1992 
(25 U.S.C. 3401 note; 106 Stat. 2302); 
(bb) the Coordinated Tribal Assistance 
Solicitation program of the Department of Jus-
tice; 
(cc) the Federal policy of self-determina-
tion; and 
(dd) any consolidated grant programs; and 
(x) solutions to other issues that, as determined 
by the Commission, would improve the health, safety, 
and well-being of Native children; 
(C) make recommendations for improving data collec-
tion methods that consider— 
(i) the adoption of standard definitions and compat-
ible systems platforms to allow for greater linkage 
of data sets across Federal agencies; 
(ii) the appropriateness of existing data categories 
for comparative purposes; 
(iii) the development of quality data and measures, 
such as by ensuring sufficient sample sizes and fre-
quency of sampling, for Federal, State, and tribal pro-
grams that serve Native children; 
(iv) the collection and measurement of data that 
are useful to Indian tribes and Native Hawaiians; 
(v) the inclusion of Native children in longitudinal 
studies; and 
(vi) tribal access to data gathered by Federal, 
State, and local governmental agencies; and 
(D) identify models of successful Federal, State, and 
tribal programs in the areas studied by the Commission. 
(f) REPORT.—Not later than 3 years after the date on which 
all members of the Commission are appointed and amounts are 
made available to carry out this Act, the Commission shall submit 
to the President, the Committee on Natural Resources of the House 
of Representatives, the Committee on Indian Affairs of the Senate, 
and the Committees on Appropriations of the House of Representa-
tives and the Senate, a report that contains— 
(1) a detailed statement of the findings and conclusions 
of the Commission; and 
(2) the recommendations of the Commission for such legis-
lative and administrative actions as the Commission considers 
to be appropriate. 
(g) POWERS.— 
(1) HEARINGS.— 
Recommenda- 
tions. 
Records. 
Determination. 
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130 STAT. 988 
PUBLIC LAW 114–244—OCT. 14, 2016 
(A) IN
GENERAL.—The Commission may hold such 
hearings, meet and act at such times and places, take 
such testimony, and receive such evidence as the Commis-
sion considers to be advisable to carry out the duties of 
the Commission under this section, except that the 
Commission shall hold not less than 5 hearings in Native 
communities. 
(B) PUBLIC
REQUIREMENT.—The hearings of the 
Commission under this paragraph shall be open to the 
public. 
(2) WITNESS EXPENSES.— 
(A) IN GENERAL.—A witness requested to appear before 
the Commission shall be paid the same fees and allowances 
as are paid to witnesses under section 1821 of title 28, 
United States Code. 
(B) PER DIEM AND MILEAGE.—The fees and allowances 
for a witness shall be paid from funds made available 
to the Commission. 
(3) INFORMATION FROM FEDERAL, TRIBAL, AND STATE AGEN-
CIES.— 
(A) IN GENERAL.—The Commission may secure directly 
from a Federal agency such information as the Commission 
considers to be necessary to carry out this section. 
(B) TRIBAL
AND
STATE
AGENCIES.—The Commission 
may request the head of any tribal or State agency to 
provide to the Commission such information as the 
Commission considers to be necessary to carry out this 
Act. 
(4) POSTAL SERVICES.—The Commission may use the United 
States mails in the same manner and under the same conditions 
as other agencies of the Federal Government. 
(5) GIFTS.—The Commission may accept, use, and dispose 
of gifts or donations of services or property related to the 
purpose of the Commission. 
(h) COMMISSION PERSONNEL MATTERS.— 
(1) TRAVEL EXPENSES.—A member of the Commission shall 
be allowed travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for an employee of an agency under 
subchapter I of chapter 57 of title 5, United States Code, 
while away from the home or regular place of business of 
the member in the performance of the duties of the Commission. 
(2) DETAIL OF FEDERAL EMPLOYEES.— 
(A) IN GENERAL.—On the affirmative vote of 2⁄3 of the 
members of the Commission— 
(i) the Attorney General, the Secretary, the Sec-
retary of Education, and the Secretary of the Health 
and Human Services shall each detail, without 
reimbursement, 1 or more employees of the Depart-
ment of Justice, the Department of the Interior, the 
Department of Education, and the Department of 
Health and Human Services; and 
(ii) with the approval of the appropriate Federal 
agency head, an employee of any other Federal agency 
may be, without reimbursement, detailed to the 
Commission. 
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130 STAT. 989 
PUBLIC LAW 114–244—OCT. 14, 2016 
LEGISLATIVE HISTORY—S. 246: 
HOUSE REPORTS: No. 114–722 (Comm. on Natural Resources). 
SENATE REPORTS: No. 114–39 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD: 
Vol. 161 (2015): June 1, considered and passed Senate. 
Vol. 162 (2016): Sept. 12, considered and passed House, amended. 
Sept. 29, Senate concurred in House amendment. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016): 
Oct. 14, Presidential statement. 
(B) EFFECT ON DETAILEES.—Detail under this para-
graph shall be without interruption or loss of civil service 
status, benefits, or privileges. 
(3) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES.— 
(A) IN GENERAL.—On request of the Commission, the 
Attorney General shall provide to the Commission, on a 
reimbursable basis, reasonable and appropriate office 
space, supplies, and administrative assistance. 
(B) NO REQUIREMENT FOR PHYSICAL FACILITIES.—The 
Administrator of General Services shall not be required 
to locate a permanent, physical office space for the oper-
ation of the Commission. 
(4) MEMBERS
NOT
FEDERAL
EMPLOYEES.—No member of 
the Commission, the Native Advisory Committee, or the Native 
Children Subcommittee shall be considered to be a Federal 
employee. 
(i) TERMINATION OF COMMISSION.—The Commission shall termi-
nate 90 days after the date on which the Commission submits 
the report under subsection (f). 
(j) NONAPPLICABILITY OF FACA.—The Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to the Commission, 
the Native Advisory Committee, or the Native Children Sub-
committee. 
(k) EFFECT.—This Act shall not be construed to recognize or 
establish a government-to-government relationship with— 
(1) any entity not recognized on or before the date of 
enactment of this Act by the Federal Government through 
an Act of Congress, Executive action, judicial decree, or any 
other action; or 
(2) any entity not included in the list authorized pursuant 
to the Federally Recognized Indian Tribe List Act of 1994 
(25 U.S.C. 479a et seq.). 
Approved October 14, 2016. 
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