[House Report 117-103]
[From the U.S. Government Publishing Office]


117th Congress   }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                    {       117-103

======================================================================

 
   TO AMEND THE ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON 
 NATIVE CHILDREN ACT TO EXTEND THE DEADLINE FOR A REPORT BY THE ALYCE 
SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN, AND FOR 
                             OTHER PURPOSES

                                _______
                                

 July 26, 2021.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 438]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 438) to amend the Alyce Spotted Bear and Walter 
Soboleff Commission on Native Children Act to extend the 
deadline for a report by the Alyce Spotted Bear and Walter 
Soboleff Commission on Native Children, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R.438 is to amend the Alyce Spotted Bear 
and Walter Soboleff Commission on Native Children Act to extend 
the deadline for a report by the Alyce Spotted Bear and Walter 
Soboleff Commission on Native Children.

                  Background and Need for Legislation

    Chronic underfunding and insufficient access to federal 
grant programs slow the efforts of tribal governments to 
address the needs of Native American children.
    The Alyce Spotted Bear and Walter Soboleff Commission on 
Native Children Act\1\ established a commission in the Office 
of Tribal Justice at the U.S. Department of Justice to conduct 
a comprehensive study of federal, state, and tribal programs 
that serve Native American Children. The Commission, comprised 
of members with significant expertise in Indian Affairs, was 
required to submit a final report with its findings, 
conclusions, and recommendations.
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    \1\P.L. 114-244, 130 Stat. 981 (2016), https://uscode.house.gov/
statviewer.htm?volume=130&page=981 (not codified) (statutory 
compilation as amended through Pub. L. No.116-94 at https://
www.govinfo.gov/content/pkg/COMPS-12220/pdf/COMPS-12220.pdf).
---------------------------------------------------------------------------
    The COVID-19 pandemic impacted the Commission's ability to 
complete its work on schedule and limited traveling 
opportunities. H.R. 438 provides a two-year extension for the 
Alyce Spotted Bear and Walter Soboleff Commission on Native 
Children to publish its report and make policy and legislative 
recommendations or improvements for federal, state, and tribal 
programs that serve Native children.

                            Committee Action

    H.R. 438 was introduced on January 21, 2021, by 
Representative Don Young (R-AK). The bill was referred solely 
to the Committee on Natural Resources, and within the Committee 
to the Subcommittee for Indigenous Peoples of the United 
States. On May 20, 2021, the Subcommittee held a hearing on the 
bill. On May 26, 2021, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. No amendments were offered. The bill was adopted and 
ordered favorably reported to the House of Representatives by 
unanimous consent.
    The U.S. Senate has acted on an identical companion bill, 
S. 325. Senator Lisa Murkowski (R-AK) introduced the bill on 
February 12, 2021, and the Senate referred the bill solely to 
the Senate Committee on Indian Affairs. On March 10, 2021, the 
Senate Committee met to consider the bill. No amendments were 
filed, and the bill was adopted and ordered favorably reported 
by voice vote. The Senate Committee reported the bill to the 
Senate on April 14, 2021.\2\ On May 26, 2021, the Senate passed 
S. 325 without amendment by voice vote. On May 28, 2021, the 
House received the Senate-engrossed bill and held it at the 
desk.
---------------------------------------------------------------------------
    \2\S. Rep. No. 117-12 (2021), https://www.congress.gov/117/crpt/
srpt12/CRPT-117srpt12.pdf.
---------------------------------------------------------------------------

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee for Indigenous Peoples of the 
United States held on May 20, 2021.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) of rule XIII 
of the Rules of the House of Representatives and section 308(a) 
of the Congressional Budget Act of 1974 and with respect to 
requirements of clause (3)(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee adopts 
as its own cost estimate the forthcoming cost estimate of the 
Director of the Congressional Budget Office, should such cost 
estimate be made available before House passage of the bill.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    The Committee notes that CBO's analysis of S. 325, the 
identical companion legislation, is available and shows the 
bill as having an insignificant net effect on direct spending 
and no effect on revenues.\3\
---------------------------------------------------------------------------
    \3\https://www.cbo.gov/system/files/2021-03/s325.pdf.
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    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to extend the deadline for a report 
by the Alyce Spotted Bear and Walter Soboleff Commission on 
Native Children.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chair of 
the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.
    The Committee notes that CBO's analysis of S. 325, the 
identical companion legislation, is available and shows the 
bill as not creating any mandates for purposes of UMRA.\4\
---------------------------------------------------------------------------
    \4\Id.
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                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN 
                                  ACT




           *       *       *       *       *       *       *
SEC. 3. COMMISSION ON NATIVE CHILDREN.

  (a) In general.--There is established a commission, 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--
                  (A) 3 shall be appointed by the President, in 
                consultation 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 experience 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 colleges or 
                                universities, early childhood 
                                education programs, and the 
                                development of extracurricular 
                                programs;
                                  (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 
                                shelters.
                  (B) Experts.--
                          (i) Native children.--1 member of the 
                        Commission shall--
                                  (I) meet the requirements of 
                                subparagraph (A); and
                                  (II) be responsible for 
                                providing the Commission with 
                                insight into and input from 
                                Native children on the matters 
                                studied by the Commission.
                          (ii) Research.--1 member of the 
                        Commission shall--
                                  (I) meet the requirements of 
                                subparagraph (A); and
                                  (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 
        Commission 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 matters 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 
                recommendations, 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 
        comprehensive study of Federal, State, local, and 
        tribal programs that serve Native children, including 
        an evaluation of--
                  (A) the impact of concurrent jurisdiction on 
                child welfare 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 
                children;
                  (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 programs 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 
        paragraph (1), the Commission shall, to the maximum 
        extent practicable--
                  (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 consider 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 at the Federal, State, 
                and tribal levels, on the condition that the 
                recommendations recognize the diversity in 
                cultural values, integrate the cultural 
                strengths of the communities 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 
                                sustainable 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 educators, tribal 
                                and community leaders, and law 
                                enforcement to prevent and 
                                reduce truancy among Native 
                                children;
                                  (III) scholarship 
                                opportunities at a Tribal 
                                College 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;
                          (iv) improved policies and practices 
                        by local school districts that would 
                        result in improved academic proficiency 
                        for Native children;
                          (v) increased access to 
                        extracurricular activities for Native 
                        children that are designed to increase 
                        self-esteem, promote community 
                        engagement, and support academic 
                        excellence while also serving to 
                        prevent unplanned pregnancy, membership 
                        in gangs, drug and alcohol abuse, and 
                        suicide, including activities that 
                        incorporate traditional language and 
                        cultural practices of Indians and 
                        Native Hawaiians;
                          (vi) 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 incarceration 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 comprehensively 
                        promote the health, well-being, 
                        learning, and development of Native 
                        children, such as--
                                  (I) high quality early care 
                                and learning programs for 
                                children starting from birth, 
                                including Early Head Start, 
                                Head Start, child care, and 
                                preschool 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 
                                parents 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, 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 
                                administrative 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 
                                        Justice;
                                          (cc) the Federal 
                                        policy of self-
                                        determination; 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 
                collection methods that consider--
                          (i) the adoption of standard 
                        definitions and compatible 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 frequency 
                        of sampling, for Federal, State, and 
                        tribal programs 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] 5 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 Representatives 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 
        legislative and administrative actions as the 
        Commission considers to be appropriate.
  (g) Powers.--
          (1) Hearings.--
                  (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 Commission 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 
        agencies.--
                  (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 subsistence, 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 Secretary of Education, 
                        and the Secretary of the Health and 
                        Human Services shall each detail, 
                        without reimbursement, 1 or more 
                        employees of the Department 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.
                  (B) Effect on detailees.--Detail under this 
                paragraph shall be without interruption or loss 
                of civil service status, benefits, or 
                privileges.
          (3) Procurement of temporary and intermittent 
        services.--
                  (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 operation 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 
terminate 90 days after the date on which the Commission 
submits the report under subsection (f).
  (j) Nonapplicability of FACA.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Commission, the 
Native Advisory Committee, or the Native Children Subcommittee.
  (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.).

        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]