[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1723 Reported in Senate (RS)]
<DOC>
Calendar No. 432
118th CONGRESS
2d Session
S. 1723
[Report No. 118-187]
To establish the Truth and Healing Commission on Indian Boarding School
Policies in the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Ms. Warren (for herself, Mr. Markey, Ms. Smith, Mr. Casey, Mr.
Hickenlooper, Mr. Blumenthal, Mr. Durbin, Mr. Padilla, Mr. Booker, Mr.
Merkley, Ms. Baldwin, Ms. Hirono, Ms. Sinema, Mr. Kelly, Ms. Cortez
Masto, Mr. Van Hollen, Mr. Lujan, Mr. Wyden, Mr. Bennet, Mr. Schatz,
Ms. Cantwell, Mr. Heinrich, Ms. Klobuchar, Mrs. Murray, Mr. Tester, Mr.
Sanders, Ms. Murkowski, Ms. Rosen, Mrs. Feinstein, Mr. Fetterman, Ms.
Butler, Mr. Cardin, and Mrs. Shaheen) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
July 8, 2024
Reported by Mr. Schatz, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish the Truth and Healing Commission on Indian Boarding School
Policies in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Truth and Healing
Commission on Indian Boarding School Policies Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) assimilation processes, such as the Indian
Boarding School Policies, were adopted by the United States
Government to strip American Indian, Alaska Native, and Native
Hawaiian children of their Indigenous identities, beliefs, and
languages to assimilate them into non-Native culture through
federally funded and controlled Christian-run schools, which
had the intent and, in many cases, the effect, of termination,
with dire and intentional consequences on the cultures and
languages of Indigenous peoples;</DELETED>
<DELETED> (2) assimilation processes can be traced back to--
</DELETED>
<DELETED> (A) the enactment of the Act of March 3,
1819 (3 Stat. 516, chapter 85) (commonly known as the
``Indian Civilization Fund Act of 1819''), which
created a fund to administer the education, healthcare,
and rations promised to Tribal nations under treaties
those Tribal nations had with the United States;
and</DELETED>
<DELETED> (B) the Grant Administration's peace
policy with Tribal nations in 1868, which, among other
things, authorized amounts in the fund established
under the Act of March 3, 1819 (3 Stat. 516, chapter
85) (commonly known as the ``Indian Civilization Fund
Act of 1819''), to be used by churches;</DELETED>
<DELETED> (3) according to research from the National Native
American Boarding School Healing Coalition, the Federal
Government funded church-run boarding schools for Native
Americans from 1819 through the 1960s under the Act of March 3,
1819 (3 Stat. 516, chapter 85), which authorized the forced
removal of hundreds of thousands of American Indian and Alaska
Native children as young as 3 years old, relocating them from
their traditional homelands to 1 of at least 367 known Indian
boarding schools, of which 73 remain open today, across 30
States;</DELETED>
<DELETED> (4) beginning in 1820, missionaries from the
United States arrived in Hawai`i, bringing a similar desire to
civilize Native Hawaiians and convert ``Hawaiian heathens'' to
Christians, establishing day schools and boarding schools that
followed models first imposed on Tribal nations on the East
Coast of the United States;</DELETED>
<DELETED> (5) as estimated by David Wallace Adams, professor
emeritus of history and education at Cleveland State University
in Ohio, by 1926, nearly 83 percent of American Indian and
Alaska Native school-age children were enrolled in Indian
boarding schools in the United States, but, the full extent of
the Indian Boarding School Policies has yet to be fully
examined by--</DELETED>
<DELETED> (A) the Federal Government or the churches
who ran those schools; or</DELETED>
<DELETED> (B) other entities who profited from the
existence of those schools;</DELETED>
<DELETED> (6) General Richard Henry Pratt, the founder and
superintendent of the Carlisle Indian Industrial School in
Carlisle, Pennsylvania, stated that the ethos of Indian
Boarding School Policies was to ``kill the Indian in him, and
save the man'';</DELETED>
<DELETED> (7) in 1878, General Pratt brought a group of
American Indian warriors held as prisoners of war to what was
then known as the Hampton Agricultural and Industrial School in
Hampton, Virginia, for a residential experiment in the
education of Indigenous people;</DELETED>
<DELETED> (8) prior to arriving to the Hampton Agricultural
and Industrial School in 1878, the American Indian warriors
held as prisoners of war had already spent 3 years imprisoned,
during which time they were forced to shave their traditionally
grown hair, dress in military uniforms, participate in
Christian worship services, and adopt an English
name;</DELETED>
<DELETED> (9) General Samuel C. Armstrong, founder and, in
1878, principal, of the Hampton Agricultural and Industrial
School, was influenced by his parents and other missionaries in
the United States involved in the education of Native Hawaiian
children;</DELETED>
<DELETED> (10) General Armstrong modeled the Hampton
Agricultural and Industrial School after the Hilo Boarding
School in Hawai`i, a missionary-run boarding school that
targeted high performing Native Hawaiians to become
indoctrinated in Protestant ideology, which was similar to
boarding schools led by missionaries in the similarly sovereign
Five Tribes of Oklahoma, including the Cherokee and
Chickasaw;</DELETED>
<DELETED> (11) in addition to bringing a group of American
Indian warriors held as prisoners of war to the Hampton
Agricultural and Industrial School in 1878, General Pratt
influenced Sheldon Jackson, a Presbyterian missionary who, in
1885, was appointed by the Secretary of the Interior to be a
General Agent of Education in the Alaska Territory;</DELETED>
<DELETED> (12) Hampton Agricultural and Industrial School
continued as a boarding school for American Indians, Alaska
Natives, and Native Hawaiians until 1923;</DELETED>
<DELETED> (13) founded in 1879, the Carlisle Indian
Industrial School set the precedent for government-funded, off-
reservation Indian boarding schools in the United States, where
more than 10,000 American Indian and Alaska Native children
were enrolled from more than 140 Indian Tribes;</DELETED>
<DELETED> (14) Indian boarding schools, and the policies
that created, funded, and fueled their existence, were designed
to assimilate American Indian, Alaska Native, and Native
Hawaiian children into non-Native culture by stripping them of
their cultural identities, often through physical, sexual,
psychological, industrial, and spiritual abuse and
neglect;</DELETED>
<DELETED> (15) many of the children who were taken to Indian
boarding schools did not survive, and of those who did survive,
many never returned to their parents, extended families, and
communities;</DELETED>
<DELETED> (16) at the Carlisle Indian Industrial School
alone, approximately 180 American Indian and Alaska Native
children were buried;</DELETED>
<DELETED> (17) according to research from the National
Native American Boarding School Healing Coalition--</DELETED>
<DELETED> (A) while attending Indian boarding
schools, American Indian, Alaska Native, and Native
Hawaiian children suffered additional physical, sexual,
psychological, industrial, and spiritual abuse and
neglect as they were sent to non-Native homes and
businesses for involuntary and unpaid manual labor work
during the summers;</DELETED>
<DELETED> (B) many American Indian, Alaska Native,
and Native Hawaiian children escaped from Indian
boarding schools by running away, and then remained
missing or died of illnesses due to harsh living
conditions, abuse, or substandard health care provided
by the Indian boarding schools;</DELETED>
<DELETED> (C) many American Indian, Alaska Native,
and Native Hawaiian children died at hospitals
neighboring Indian boarding schools, including the
Puyallup Indian School that opened in 1860, which was
first renamed the Cushman Indian School in 1910 and
then the Cushman Hospital in 1918; and</DELETED>
<DELETED> (D) many of the American Indian and Alaska
Native children who died while attending Indian
boarding schools or neighboring hospitals were buried
in unmarked graves or off-campus cemeteries;</DELETED>
<DELETED> (18) according to independent ground penetrating
radar and magnetometry research commissioned by the National
Native American Boarding School Healing Coalition, evidence of
those unmarked graves and off-campus cemeteries has been found,
including--</DELETED>
<DELETED> (A) unmarked graves at Chemawa Indian
School in Salem, Oregon; and</DELETED>
<DELETED> (B) remains of children who were burned in
incinerators at Indian boarding schools;</DELETED>
<DELETED> (19) according to research from the National
Native American Boarding School Healing Coalition, inaccurate,
scattered, and missing school records make it difficult for
families to locate their loved ones, especially because--
</DELETED>
<DELETED> (A) less than 38 percent of Indian
boarding school records have been located, from only
142 of the at least 367 known Indian boarding schools;
and</DELETED>
<DELETED> (B) all other records are believed to be
held in catalogued and uncatalogued church archives,
private collections, or lost or destroyed;</DELETED>
<DELETED> (20) parents of the American Indian, Alaska
Native, and Native Hawaiian children who were forcibly removed
from or coerced into leaving their homes and placed in Indian
boarding schools were prohibited from visiting or engaging in
correspondence with their children;</DELETED>
<DELETED> (21) parental resistance to compliance with the
harsh no-contact policy described in paragraph (20) resulted in
the parents being incarcerated or losing access to basic human
rights, food rations, and clothing;</DELETED>
<DELETED> (22) in 2013, post-traumatic stress disorder rates
among American Indian and Alaska Native youth were 3-times the
general public, the same rates for post-traumatic stress
disorder among veterans;</DELETED>
<DELETED> (23) in 2014, the White House Report on Native
Youth declared a state of emergency due to a suicide epidemic
among American Indian and Alaska Native youth;</DELETED>
<DELETED> (24) the 2018 Broken Promises Report published by
the United States Commission on Civil Rights reported that
American Indian and Alaska Native communities continue to
experience intergenerational trauma resulting from experiences
in Indian boarding schools, which divided cultural family
structures, damaged Indigenous identities, and inflicted
chronic psychological ramifications on American Indian and
Alaska Native children and families;</DELETED>
<DELETED> (25) the Centers for Disease Control and
Prevention Kaiser Permanente Adverse Childhood Experiences
Study shows that adverse or traumatic childhood experiences
disrupt brain development, leading to a higher likelihood of
negative health outcomes as adults, including heart disease,
obesity, diabetes, autoimmune diseases, and early
death;</DELETED>
<DELETED> (26) American Indians, Alaska Natives, and Native
Hawaiians suffer from disproportional rates of each of the
diseases described in paragraph (25) compared to the national
average;</DELETED>
<DELETED> (27) the longstanding intended consequences and
ramifications of the treatment of American Indian, Alaska
Native, and Native Hawaiian children, families, and communities
because of Federal policies and the funding of Indian boarding
schools continue to impact Native communities through
intergenerational trauma, cycles of violence and abuse,
disappearance, health disparities, substance abuse, premature
deaths, additional undocumented physical, sexual,
psychological, industrial, and spiritual abuse and neglect, and
trauma;</DELETED>
<DELETED> (28) according to the Child Removal Survey
conducted by the National Native American Boarding School
Healing Coalition, the First Nations Repatriation Institute,
and the University of Minnesota, 75 percent of Indian boarding
school survivors who responded to the survey had attempted
suicide, and nearly half of respondents to the survey reported
being diagnosed with a mental health condition;</DELETED>
<DELETED> (29) the continuing lasting implications of the
Indian Boarding School Policies and the physical, sexual,
psychological, industrial, and spiritual abuse and neglect of
American Indian and Alaska Native children and families
influenced the present-day operation of Bureau of Indian
Education-operated schools;</DELETED>
<DELETED> (30) Bureau of Indian Education-operated schools
have often failed to meet the many needs of nearly 50,000
American Indian and Alaska Native students across 23
States;</DELETED>
<DELETED> (31) in Alaska, where there are no Bureau of
Indian Education-funded elementary and secondary schools, the
State public education system often fails to meet the needs of
Alaska Native students, families, and communities;</DELETED>
<DELETED> (32) the assimilation policies imposed on American
Indians, Alaska Natives, and Native Hawaiians during the Indian
boarding school era have been replicated through other Federal
actions and programs, including the Indian Adoption Project in
effect from 1958 to 1967, which placed American Indian and
Alaska Native children in non-Indian households and
institutions for foster care or adoption;</DELETED>
<DELETED> (33) the Association on American Indian Affairs
reported that the continuation of assimilation policies through
Federal American Indian and Alaska Native adoption and foster
care programs between 1941 to 1967 separated as many as one-
third of American Indian and Alaska Native children from their
families in Tribal communities;</DELETED>
<DELETED> (34) in some States, greater than 50 percent of
foster care children in State adoption systems are American
Indian, Alaska Native, or Native Hawaiian children, including
in Alaska, where over 60 percent of children in foster care are
Alaska Native;</DELETED>
<DELETED> (35) the general lack of public awareness,
accountability, education, information, and acknowledgment of
the ongoing and direct impacts of the Indian Boarding School
Policies and related intergenerational trauma persists,
signaling the overdue need for an investigative Federal
commission to further document and expose assimilation and
termination efforts to eradicate the cultures and languages of
Indigenous peoples implemented under Indian Boarding School
Policies; and</DELETED>
<DELETED> (36) in the secretarial memorandum entitled
``Federal Indian Boarding School Initiative'' and dated June
22, 2021, Secretary of the Interior Debra Haaland stated the
following: ``The assimilationist policies of the past are
contrary to the doctrine of trust responsibility, under which
the Federal Government must promote Tribal self-governance and
cultural integrity. Nevertheless, the legacy of Indian boarding
schools remains, manifesting itself in Indigenous communities
through intergenerational trauma, cycles of violence and abuse,
disappearance, premature deaths, and other undocumented bodily
and mental impacts.''.</DELETED>
<DELETED>SEC. 3. PURPOSES.</DELETED>
<DELETED> The purposes of this Act are to establish a Truth and
Healing Commission on Indian Boarding School Policies in the United
States--</DELETED>
<DELETED> (1) to formally investigate and document--
</DELETED>
<DELETED> (A) the attempted termination of cultures
and languages of Indigenous peoples, assimilation
practices, and human rights violations that occurred
against American Indians, Alaska Natives, and Native
Hawaiians through Indian Boarding School Policies in
furtherance of the motto to ``kill the Indian in him
and save the man''; and</DELETED>
<DELETED> (B) the impacts and ongoing effects of
historical and intergenerational trauma in Native
communities, including the effects of the attempted
cultural, religious, and linguistic termination of
American Indians, Alaska Natives, and Native Hawaiians,
resulting from Indian Boarding School
Policies;</DELETED>
<DELETED> (2) to hold culturally respectful and meaningful
public hearings for American Indian, Alaska Native, and Native
Hawaiian survivors, victims, families, communities,
organizations, and Tribal leaders to testify, discuss, and add
to the documentation of, the impacts of the physical,
psychological, and spiritual violence of Indian boarding
schools;</DELETED>
<DELETED> (3) to collaborate and exchange information with
the Department of the Interior with respect to the review of
the Indian Boarding School Policies announced by Secretary of
the Interior Debra Haaland in the secretarial memorandum
entitled ``Federal Indian Boarding School Initiative'' and
dated June 22, 2021; and</DELETED>
<DELETED> (4) to further develop recommendations for the
Federal Government to acknowledge and heal the historical and
intergenerational trauma caused by the Indian Boarding School
Policies and other cultural and linguistic termination
practices carried out by the Federal Government and State and
local governments, including recommendations--</DELETED>
<DELETED> (A) for resources and assistance that the
Federal Government should provide to aid in the healing
of the trauma caused by the Indian Boarding School
Policies;</DELETED>
<DELETED> (B) to establish a nationwide hotline for
survivors, family members, or other community members
affected by the Indian Boarding School Policies;
and</DELETED>
<DELETED> (C) to prevent the continued removal of
American Indian, Alaska Native, and Native Hawaiian
children from their families and Native communities
under modern-day assimilation practices carried out by
State social service departments, foster care agencies,
and adoption services.</DELETED>
<DELETED>SEC. 4. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Advisory committee.--The term ``Advisory
Committee'' means the Truth and Healing Advisory Committee
established by the Commission under section 5(g).</DELETED>
<DELETED> (2) Commission.--The term ``Commission'' means the
Truth and Healing Commission on Indian Boarding School Policies
in the United States established by section 5(a).</DELETED>
<DELETED> (3) Indian boarding school policies.--The term
``Indian Boarding School Policies'' means--</DELETED>
<DELETED> (A) the assimilation policies and
practices of the Federal Government, which began with
the enactment of the Act of March 3, 1819 (3 Stat. 516,
chapter 85) (commonly known as the ``Indian
Civilization Fund Act of 1819''), and the peace policy
with Tribal nations advanced by President Ulysses Grant
in 1868, under which more than 100,000 American Indian
and Alaska Native children were forcibly removed from
or coerced into leaving their family homes and placed
in Bureau of Indian Affairs-operated schools or church-
run schools, including at least 367 known Indian
boarding schools, at which assimilation and
``civilization'' practices were inflicted on those
children as part of the assimilation efforts of the
Federal Government, which were intended to terminate
the cultures and languages of Indigenous peoples in the
United States; and</DELETED>
<DELETED> (B) the assimilation practices inflicted
on Native Hawaiian children in boarding schools
following the arrival of Christian missionaries from
the United States in Hawai`i in 1820 who sought to
extinguish Hawaiian culture.</DELETED>
<DELETED>SEC. 5. TRUTH AND HEALING COMMISSION ON INDIAN BOARDING SCHOOL
POLICIES IN THE UNITED STATES.</DELETED>
<DELETED> (a) Establishment.--There is established the Truth and
Healing Commission on Indian Boarding School Policies in the United
States.</DELETED>
<DELETED> (b) Membership.--</DELETED>
<DELETED> (1) In general.--The Commission shall include 10
members, of whom--</DELETED>
<DELETED> (A) 2 shall be appointed by the
President;</DELETED>
<DELETED> (B) 2 shall be appointed by the President
pro tempore of the Senate, on the recommendation of the
majority leader of the Senate;</DELETED>
<DELETED> (C) 2 shall be appointed by the President
pro tempore of the Senate, on the recommendation of the
minority leader of the Senate; and</DELETED>
<DELETED> (D) 4 shall be appointed by the Speaker of
the House of Representatives, of whom not fewer than 2
shall be appointed on the recommendation of the
minority leader of the House of
Representatives.</DELETED>
<DELETED> (2) Requirements for membership.--To the maximum
extent practicable, the President and the Members of Congress
shall appoint members of the Commission under paragraph (1) to
represent diverse experiences and backgrounds and so as to
include Tribal and Native representatives and experts who will
provide balanced points of view with regard to the duties of
the Commission, including Tribal and Native representatives and
experts--</DELETED>
<DELETED> (A) from diverse geographic
areas;</DELETED>
<DELETED> (B) who possess personal experience with,
diverse policy experience with, or specific expertise
in, Indian boarding school history and the Indian
Boarding School Policies; and</DELETED>
<DELETED> (C) who possess expertise in truth and
healing endeavors that are traditionally and culturally
appropriate.</DELETED>
<DELETED> (3) Presidential appointment.--The President shall
make appointments to the Commission under this subsection in
coordination with the Secretary of the Interior and the
Director of the Bureau of Indian Education.</DELETED>
<DELETED> (4) Date.--The appointments of the members of the
Commission shall be made not later than 120 days after the date
of enactment of this Act.</DELETED>
<DELETED> (5) Period of appointment; vacancies; removal.--
</DELETED>
<DELETED> (A) Period of appointment.--A member of
the Commission shall be appointed for a term of 5
years.</DELETED>
<DELETED> (B) Vacancies.--A vacancy in the
Commission--</DELETED>
<DELETED> (i) shall not affect the powers of
the Commission; and</DELETED>
<DELETED> (ii) shall be filled in the same
manner as the original appointment.</DELETED>
<DELETED> (C) Removal.--A quorum of members may
remove a member appointed by that President or Member
of Congress, respectively, only for neglect of duty or
malfeasance in office.</DELETED>
<DELETED> (c) Meetings.--</DELETED>
<DELETED> (1) Initial meeting.--As soon as practicable after
the date of enactment of this Act, the Commission shall hold
the initial meeting of the Commission and begin
operations.</DELETED>
<DELETED> (2) Subsequent meetings.--After the initial
meeting of the Commission is held under paragraph (1), the
Commission shall meet at the call of the Chairperson.</DELETED>
<DELETED> (3) Format of meetings.--A meeting of the
Commission may be conducted in-person, virtually, or via
phone.</DELETED>
<DELETED> (d) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may hold
hearings.</DELETED>
<DELETED> (e) Chairperson and Vice Chairperson.--The Commission
shall select a Chairperson and Vice Chairperson from among the members
of the Commission.</DELETED>
<DELETED> (f) Commission Personnel Matters.--</DELETED>
<DELETED> (1) Compensation of members.--A member of the
Commission who is not an officer or employee of the Federal
Government shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed for level
IV of the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties of
the Commission.</DELETED>
<DELETED> (2) Travel expenses.--A member of the Commission
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.</DELETED>
<DELETED> (g) Truth and Healing Advisory Committee.--</DELETED>
<DELETED> (1) Establishment.--The Commission shall establish
an advisory committee, to be known as the ``Truth and Healing
Advisory Committee''.</DELETED>
<DELETED> (2) Membership.--The Advisory Committee shall
consist of--</DELETED>
<DELETED> (A) 1 representative from each of--
</DELETED>
<DELETED> (i) the National Native American
Boarding School Healing Coalition;</DELETED>
<DELETED> (ii) the National Congress of
American Indians;</DELETED>
<DELETED> (iii) the National Indian
Education Association;</DELETED>
<DELETED> (iv) the National Indian Child
Welfare Association;</DELETED>
<DELETED> (v) the Alaska Federation of
Natives; and</DELETED>
<DELETED> (vi) the Office of Hawaiian
Affairs;</DELETED>
<DELETED> (B) the Director of the Bureau of Indian
Education;</DELETED>
<DELETED> (C) the Director of the Office of Indian
Education of the Department of Education;</DELETED>
<DELETED> (D) the Commissioner of the Administration
for Native Americans of the Office of the
Administration for Children and Families of the
Department of Health and Human Services; and</DELETED>
<DELETED> (E) not fewer than--</DELETED>
<DELETED> (i) 5 members of different Indian
Tribes from diverse geographic areas, to be
selected from among nominations submitted by
Indian Tribes;</DELETED>
<DELETED> (ii) 1 member representing Alaska
Natives, to be selected by the Alaska
Federation of Natives from nominations
submitted by an Alaska Native individual,
organization, or village;</DELETED>
<DELETED> (iii) 1 member representing Native
Hawaiians, to be selected by a process
administered by the Office of Hawaiian
Affairs;</DELETED>
<DELETED> (iv) 2 health care or mental
health practitioners, Native healers,
counselors, or providers with experience in
working with former students, or descendants of
former students, of Indian boarding schools, to
be selected from among nominations of Tribal
chairs or elected Tribal leadership local to
the region in which the practitioner,
counselor, or provider works, in order to
ensure that the Commission considers culturally
responsive supports for victims, families, and
communities;</DELETED>
<DELETED> (v) 3 members of different
national American Indian, Alaska Native, or
Native Hawaiian organizations, regional
American Indian, Alaska Native, or Native
Hawaiian organizations, or urban Indian
organizations that are focused on, or have
relevant expertise studying, the history and
systemic and ongoing trauma associated with the
Indian Boarding School Policies;</DELETED>
<DELETED> (vi) 2 family members of students
who attended Indian boarding schools, who shall
represent diverse regions of the United
States;</DELETED>
<DELETED> (vii) 4 alumni who attended a
Bureau of Indian Education-operated school,
tribally controlled boarding school, State
public boarding school, private nonprofit
boarding school formerly operated by the
Federal Government, parochial boarding school,
or Bureau of Indian Education-operated college
or university;</DELETED>
<DELETED> (viii) 2 current teachers who
teach at an Indian boarding school;</DELETED>
<DELETED> (ix) 2 students who, as of the
date of enactment of this Act, attend an Indian
boarding school;</DELETED>
<DELETED> (x) 1 representative of the
International Indian Treaty Council or the
Association on American Indian Affairs;
and</DELETED>
<DELETED> (xi) 1 trained archivist who has
experience working with educational or church
records.</DELETED>
<DELETED> (3) Duties.--The Advisory Committee shall--
</DELETED>
<DELETED> (A) serve as an advisory body to the
Commission; and</DELETED>
<DELETED> (B) provide to the Commission advice and
recommendations, and submit to the Commission
materials, documents, testimony, and such other
information as the Commission determines to be
necessary, to carry out the duties of the Commission
under subsection (h).</DELETED>
<DELETED> (4) Survivors subcommittee.--The Advisory
Committee shall establish a subcommittee that shall consist of
not fewer than 4 former students or survivors who attended an
Indian boarding school.</DELETED>
<DELETED> (h) Duties of the Commission.--</DELETED>
<DELETED> (1) In general.--The Commission shall develop
recommendations on actions that the Federal Government can take
to adequately hold itself accountable for, and redress and
heal, the historical and intergenerational trauma inflicted by
the Indian Boarding School Policies, including developing
recommendations on ways--</DELETED>
<DELETED> (A) to protect unmarked graves and
accompanying land protections;</DELETED>
<DELETED> (B) to support repatriation and identify
the Tribal nations from which children were taken;
and</DELETED>
<DELETED> (C) to stop the continued removal of
American Indian, Alaska Native, and Native Hawaiian
children from their families and reservations under
modern-day assimilation practices.</DELETED>
<DELETED> (2) Matters investigated.--The matters
investigated by the Commission under paragraph (1) shall
include--</DELETED>
<DELETED> (A) the implementation of the Indian
Boarding School Policies and practices at--</DELETED>
<DELETED> (i) the schools operated by the
Bureau of Indian Affairs; and</DELETED>
<DELETED> (ii) church-run Indian boarding
schools;</DELETED>
<DELETED> (B) how the assimilation practices of the
Federal Government advanced the attempted cultural,
religious, and linguistic termination of American
Indians, Alaska Natives, and Native
Hawaiians;</DELETED>
<DELETED> (C) the impacts and ongoing effects of the
Indian Boarding School Policies;</DELETED>
<DELETED> (D) the location of American Indian,
Alaska Native, and Native Hawaiian children who are
still, as of the date of enactment of this Act, buried
at Indian boarding schools and off-campus cemeteries,
including notifying the Tribal nation from which the
children were taken; and</DELETED>
<DELETED> (E) church and government records,
including records relating to attendance, infirmary,
deaths, land, Tribal affiliation, and other
correspondence.</DELETED>
<DELETED> (3) Additional duties.--In carrying out paragraph
(1), the Commission shall--</DELETED>
<DELETED> (A) work to locate and identify unmarked
graves at Indian boarding school sites or off-campus
cemeteries;</DELETED>
<DELETED> (B) locate, document, analyze, and
preserve records from schools described in paragraph
(2)(A), including any records held at State and local
levels; and</DELETED>
<DELETED> (C) provide to, and receive from, the
Department of the Interior any information that the
Commission determines to be relevant--</DELETED>
<DELETED> (i) to the work of the Commission;
or</DELETED>
<DELETED> (ii) to any investigation of the
Indian Boarding School Policies being conducted
by the Department of the Interior.</DELETED>
<DELETED> (4) Testimony.--The Commission shall take
testimony from--</DELETED>
<DELETED> (A) survivors of schools described in
paragraph (2)(A), in order to identify how the
experience of those survivors impacts their lives, so
that their stories will be remembered as part of the
history of the United States; and</DELETED>
<DELETED> (B) American Indian, Alaska Native, and
Native Hawaiian individuals, tribes, and organizations
directly impacted by assimilation practices supported
by the Federal Government, including assimilation
practices promoted by--</DELETED>
<DELETED> (i) religious groups receiving
funding, or working closely with, the Federal
Government;</DELETED>
<DELETED> (ii) local, State, and territorial
school systems;</DELETED>
<DELETED> (iii) any other local, State, or
territorial government body or agency;
and</DELETED>
<DELETED> (iv) any other private entities;
and</DELETED>
<DELETED> (C) those who have access to, or knowledge
of, historical events, documents, and items relating to
the Indian Boarding School Policies and the impacts of
those policies, including--</DELETED>
<DELETED> (i) churches;</DELETED>
<DELETED> (ii) the Federal
Government;</DELETED>
<DELETED> (iii) State and local
governments;</DELETED>
<DELETED> (iv) individuals; and</DELETED>
<DELETED> (v) organizations.</DELETED>
<DELETED> (5) Reports.--</DELETED>
<DELETED> (A) Initial report.--Not later than 3
years after the date of enactment of this Act, the
Commission shall make publicly available and submit to
the President, the White House Council on Native
American Affairs, the Secretary of the Interior, the
Secretary of Education, the Secretary of Health and
Human Services, the Committee on Indian Affairs of the
Senate, the Committee on Natural Resources of the House
of Representatives, and the Members of Congress making
appointments under subsection (b)(1), an initial report
containing--</DELETED>
<DELETED> (i) a detailed statement of the
findings and conclusions of the
Commission;</DELETED>
<DELETED> (ii) the recommendations of the
Commission for such legislation and
administrative actions as the Commission
considers appropriate;</DELETED>
<DELETED> (iii) the recommendations of the
Commission to provide or increase Federal
funding to adequately fund--</DELETED>
<DELETED> (I) American Indian,
Alaska Native, and Native Hawaiian
programs for mental health and
traditional healing programs;</DELETED>
<DELETED> (II) a nationwide hotline
for survivors, family members, or other
community members affected by the
Indian Boarding School Policies;
and</DELETED>
<DELETED> (III) the development of
materials to be offered for possible
use in K-12 Native American and United
States history curricula to address the
history of Indian Boarding School
Policies; and</DELETED>
<DELETED> (iv) other recommendations of the
Commission to identify--</DELETED>
<DELETED> (I) possible ways to
address historical and
intergenerational trauma inflicted on
American Indian, Alaska Native, and
Native Hawaiian communities by the
Indian Boarding School Policies;
and</DELETED>
<DELETED> (II) ongoing and harmful
practices and policies relating to or
resulting from the Indian Boarding
School Policies that continue in public
education systems.</DELETED>
<DELETED> (B) Final report.--Not later than 5 years
after the date of enactment of this Act, the Commission
shall make available and submit a final report in
accordance with the requirements under subparagraph (A)
that have been agreed on by the vote of a majority of
the members of the Commission.</DELETED>
<DELETED> (i) Powers of Commission.--</DELETED>
<DELETED> (1) Hearings and evidence.--The Commission may,
for the purpose of carrying out this section--</DELETED>
<DELETED> (A) hold such hearings and sit and act at
such times and places, take such testimony, receive
such evidence, and administer such oaths, virtually or
in-person, as the Commission may determine advisable;
and</DELETED>
<DELETED> (B) subject to subparagraphs (A) and (B)
of paragraph (2), require, by subpoena or otherwise,
the attendance and testimony of such witnesses and the
production of such books, records, correspondence,
memoranda, papers, videos, oral histories, recordings,
documents, or any other paper or electronic material,
virtually or in-person, as the Commission may determine
advisable.</DELETED>
<DELETED> (2) Subpoenas.--</DELETED>
<DELETED> (A) In general.--</DELETED>
<DELETED> (i) Issuance of subpoenas.--
Subject to subparagraph (B), the Commission may
issue subpoenas requiring the attendance and
testimony of witnesses and the production of
any evidence relating to any matter that the
Commission is empowered to investigate under
this section.</DELETED>
<DELETED> (ii) Vote.--Subpoenas shall be
issued under clause (i) by agreement between
the Chairperson and Vice Chairperson of the
Commission, or by the vote of a majority of the
members of the Commission.</DELETED>
<DELETED> (iii) Attendance of witnesses and
production of evidence.--The attendance of
witnesses and the production of evidence may be
required from any place within the United
States at any designated place of hearing
within the United States.</DELETED>
<DELETED> (B) Protection of person subject to a
subpoena.--</DELETED>
<DELETED> (i) In general.--When issuing a
subpoena under subparagraph (A), the Commission
shall--</DELETED>
<DELETED> (I) consider the cultural,
emotional, and psychological well-being
of survivors, family members, and
community members affected by the
Indian Boarding School Policies;
and</DELETED>
<DELETED> (II) take reasonable steps
to avoid imposing undue burden,
including cultural, emotional, and
psychological trauma, on a survivor,
family member, or community member
affected by the Indian Boarding School
Policies.</DELETED>
<DELETED> (ii) Quashing or modifying a
subpoena.--On a timely motion, the district
court of the United States in the judicial
district in which compliance with the subpoena
is required shall quash or modify a subpoena
that subjects a person to undue burden as
described in clause (i)(II).</DELETED>
<DELETED> (C) Failure to obey a subpoena.--
</DELETED>
<DELETED> (i) Order from a district court of
the united states.--If a person does not obey a
subpoena issued under subparagraph (A), the
Commission is authorized to apply to a district
court of the United States for an order
requiring that person to appear before the
Commission to give testimony, produce evidence,
or both, relating to the matter under
investigation.</DELETED>
<DELETED> (ii) Location.--An application
under clause (i) may be made within the
judicial district where the hearing relating to
the subpoena is conducted or where the person
described in that clause is found, resides, or
transacts business.</DELETED>
<DELETED> (iii) Penalty.--Any failure to
obey an order of a court described in clause
(i) may be punished by the court as a civil
contempt.</DELETED>
<DELETED> (D) Subject matter jurisdiction.--The
district court of the United States in which an action
is brought under subparagraph (C)(i) shall have
original jurisdiction over any civil action brought by
the Commission to enforce, secure a declaratory
judgment concerning the validity of, or prevent a
threatened refusal or failure to comply with, the
applicable subpoena issued by the Commission.</DELETED>
<DELETED> (E) Service of subpoenas.--The subpoenas
of the Commission shall be served in the manner
provided for subpoenas issued by a district court of
the United States under the Federal Rules of Civil
Procedure.</DELETED>
<DELETED> (F) Service of process.--All process of
any court to which an application is made under
subparagraph (C) may be served in the judicial district
in which the person required to be served resides or
may be found.</DELETED>
<DELETED> (3) Additional personnel and services.--</DELETED>
<DELETED> (A) In general.--The Chairperson of the
Commission may procure additional personnel and
services to ensure that the work of the Commission
avoids imposing an undue burden, including cultural,
emotional, and psychological trauma, on survivors,
family members, or other community members affected by
the Indian Boarding School Policies.</DELETED>
<DELETED> (B) Compensation.--The Chairperson of the
Commission may fix the compensation of personnel
procured under subparagraph (A) without regard to
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of
positions and General Schedule pay rates, except that
the rate of pay for such personnel may not exceed the
rate payable for level V of the Executive Schedule
under section 5316 of that title.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Gifts.--The Commission may accept, use, and
dispose of gifts or donations of services or property relating
to the purpose of the Commission</DELETED>
<DELETED> (j) Application.--The Commission shall be subject to
chapter 10 of title 5, United States Code (commonly known as the
``Federal Advisory Committee Act'').</DELETED>
<DELETED> (k) Consultation With Indian Tribes.--In carrying out the
duties of the Commission under subsection (h), the Commission shall
consult with Indian Tribes.</DELETED>
<DELETED> (l) Collaboration by the Department of the Interior.--The
Department of the Interior shall collaborate and exchange relevant
information with the Commission in order for the Commission to
effectively carry out the duties of the Commission under subsection
(h).</DELETED>
<DELETED> (m) Termination of Commission.--The Commission shall
terminate 90 days after the date on which the Commission submits the
final report required under subsection (h)(5)(B).</DELETED>
<DELETED> (n) Authorization of Appropriations.--There are authorized
to be appropriated to the Commission to carry out this section such
sums as may be necessary, to remain available until expended.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Truth and Healing
Commission on Indian Boarding School Policies Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
TITLE I--COMMISSION AND SUBCOMMITTEES
Subtitle A--Truth and Healing Commission on Indian Boarding School
Policies in the United States
Sec. 101. Truth and Healing Commission on Indian Boarding School
Policies in the United States.
Subtitle B--Duties of the Commission
Sec. 111. Duties of the Commission.
Subtitle C--Survivors Truth and Healing Subcommittee
Sec. 121. Survivors Truth and Healing Subcommittee.
TITLE II--ADVISORY COMMITTEES
Subtitle A--Native American Truth and Healing Advisory Committee
Sec. 201. Native American Truth and Healing Advisory Committee.
Subtitle B--Federal Truth and Healing Advisory Committee
Sec. 211. Federal Truth and Healing Advisory Committee.
TITLE III--GENERAL PROVISIONS
Sec. 301. Clarification.
Sec. 302. Burial management.
Sec. 303. Co-stewardship agreements.
Sec. 304. No right of action.
SEC. 2. FINDINGS.
Congress finds that--
(1) attempts to destroy Native American cultures,
religions, and languages through assimilationist practices and
policies can be traced to the early 17th century and the
founding charters of some of the oldest educational
institutions in the United States;
(2) in June 2021, and in light of the long history of the
assimilationist policies and practices referred to in paragraph
(1) and calls for reform from Native peoples, the Secretary of
the Interior directed the Department of the Interior to
investigate the role of the Federal Government in supporting
those policies and practices and the intergenerational impacts
of those policies and practices;
(3) in May 2022, the Department of the Interior published
volume 1 of a report entitled ``Federal Indian Boarding School
Initiative Investigative Report'' (referred to in this section
as the ``Report''), which found that--
(A) as early as 1819, and until 1969, the Federal
Government directly or indirectly supported
approximately 408 Indian Boarding Schools across 37
States;
(B) American Indian, Alaska Native, and Native
Hawaiian children, as young as 3 years old, were
forcibly removed from their homes and sent to Indian
Boarding Schools located throughout the United States;
(C) Indian Boarding Schools used systematic,
violent, and militarized identity-altering methods,
such as physical, sexual, and psychological abuse and
neglect, to attempt to forcibly assimilate Native
children and strip them of their languages, cultures,
and social connections;
(D) the violent methods referred to in subparagraph
(C) were carried out for the purpose of--
(i) destroying the cultures, languages, and
religions of Native peoples; and
(ii) dispossessing Native peoples of their
ancestral lands;
(E) many of the children who were taken to Indian
Boarding Schools did not survive, and of those who did
survive, many never returned to their parents, extended
families, or communities;
(F) many of the children who were taken to Indian
Boarding Schools and did not survive were interred in
cemeteries and unmarked graves; and
(G) American Indian, Alaska Native, and Native
Hawaiian communities continue to experience
intergenerational trauma and cultural and familial
disruption from experiences rooted in Indian Boarding
Schools Policies, which divided family structures,
damaged cultures and individual identities, and
inflicted chronic physical and psychological
ramifications on American Indian, Alaska Native, and
Native Hawaiian children, families, and communities;
(4) the ethos and rationale for Indian Boarding Schools is
infamously expressed in the following quote from the founder of
the Carlisle Indian Industrial School, Richard Henry Pratt:
``Kill the Indian in him, and save the man.'';
(5) the children who perished at Indian Boarding Schools or
in neighboring hospitals and other institutions were buried in
on-campus and off-campus cemeteries and unmarked graves;
(6) parents of children who were forcibly removed from or
coerced into leaving their homes and placed in Indian Boarding
Schools were prohibited from visiting or engaging in
correspondence with their children;
(7) parental resistance to compliance with the harsh, no-
contact policy of Indian Boarding Schools resulted in parents
being incarcerated or losing access to basic human rights, food
rations, and clothing; and
(8) the Federal Government has a responsibility to fully
investigate its role in, and the lasting effects of, Indian
Boarding School Policies.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to establish a Truth and Healing Commission on Indian
Boarding School Policies in the United States, including other
necessary advisory committees and subcommittees;
(2) to formally investigate, document, and report on the
histories of Indian Boarding Schools, Indian Boarding School
Polices, and the systematic and long-term effects of those
schools and policies on Native American peoples;
(3) to develop recommendations for Federal action based on
the findings of the Commission; and
(4) to promote healing for survivors of Indian Boarding
Schools, the descendants of those survivors, and the
communities of those survivors.
SEC. 4. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Truth
and Healing Commission on Indian Boarding School Policies in
the United States established by section 101(a).
(2) Federal truth and healing advisory committee.--The term
``Federal Truth and Healing Advisory Committee'' means the
Federal Truth and Healing Advisory Committee established by
section 211(a).
(3) Indian.--The term ``Indian'' has the meaning given the
term in section 6151 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7491).
(4) Indian boarding school.--The term ``Indian Boarding
School'' means--
(A) a site of an institution that--
(i) provided on-site housing or overnight
lodging;
(ii) was described in Federal records as
providing formal academic or vocational
training and instruction to American Indians,
Alaska Natives, or Native Hawaiians;
(iii) received Federal funds or other
Federal support; and
(iv) was operational before 1969;
(B) a site of an institution identified by the
Department of the Interior in appendices A and B of the
report entitled ``Federal Indian Boarding School
Initiative Investigative Report'' and dated May 2022
(or a successor report); or
(C) any other institution that implemented Indian
Boarding School Policies, including an Indian day
school.
(5) Indian boarding school policies.--The term ``Indian
Boarding School Policies'' means Federal laws, policies, and
practices purported to ``assimilate'' and ``civilize'' American
Indians, Alaska Natives, and Native Hawaiians that included
psychological, physical, sexual, and mental abuse, forced
removal from home or community, and identity-altering practices
intended to terminate Native languages, cultures, religions,
social organizations, or connections to traditional land.
(6) 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. 5304).
(7) Native american.--The term ``Native American'' means an
individual who is--
(A) an Indian; or
(B) a Native Hawaiian.
(8) Native american truth and healing advisory committee.--
The term ``Native American Truth and Healing Advisory
Committee'' means the Native American Truth and Healing
Advisory Committee established by the Commission under section
201(a).
(9) Native hawaiian.--The term ``Native Hawaiian'' has the
meaning given the term in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517).
(10) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means a private nonprofit organization
that--
(A) serves and represents the interests of Native
Hawaiians;
(B) has as its primary and stated purpose the
provision of services to Native Hawaiians;
(C) has Native Hawaiians serving in substantive and
policymaking positions; and
(D) is recognized for having expertise in Native
Hawaiian affairs.
(11) Office of hawaiian affairs.--The term ``Office of
Hawaiian Affairs'' has the meaning given the term in section
6207 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7517).
(12) Survivors truth and healing subcommittee.--The term
``Survivors Truth and Healing Subcommittee'' means the
Survivors Truth and Healing Subcommittee established by section
121(a).
(13) Trauma-informed care.--The term ``trauma-informed
care'' means holistic psychological and health care practices
that include promoting culturally responsive practices, patient
psychological, physical, and emotional safety, and environments
of healing, trust, peer support, and recovery.
(14) Tribal organization.--The term ``Tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
TITLE I--COMMISSION AND SUBCOMMITTEES
Subtitle A--Truth and Healing Commission on Indian Boarding School
Policies in the United States
SEC. 101. TRUTH AND HEALING COMMISSION ON INDIAN BOARDING SCHOOL
POLICIES IN THE UNITED STATES.
(a) Establishment.--There is established a commission, to be known
as the ``Truth and Healing Commission on Indian Boarding School
Policies in the United States''.
(b) Membership.--
(1) Membership.--
(A) In general.--The Commission shall include 5
members, to be jointly appointed by the majority and
minority leaders of the Senate, in consultation with
the Chairperson and Vice Chairperson of the Committee
on Indian Affairs of the Senate, the Speaker of the
House of Representatives, the minority leader of the
House of Representatives, and the Chair and Ranking
Member of the Committee on Natural Resources of the
House of Representatives, from among the nominees
submitted under paragraph (2)(A), of whom--
(i) 1 shall be an individual with extensive
experience and expertise as a principal
investigator overseeing or leading complex
research initiatives with and for Indian Tribes
and Native Americans;
(ii) 1 shall be an individual (barred in
good standing) with extensive experience and
expertise in the area of indigenous human
rights law and policy, including overseeing or
leading broad-scale investigations of abuses of
indigenous human rights;
(iii) 1 shall be an individual with
extensive experience and expertise in Tribal
court judicial and restorative justice systems
and Federal agencies, such as participation as
a Tribal judge, researcher, or former
presidentially appointed commissioner;
(iv) 1 shall be an individual with
extensive experience and expertise in providing
and coordinating trauma-informed care and other
health-related services to Indian Tribes and
Native Americans; and
(v) 1 shall be a Native American individual
recognized as a traditional cultural authority
by their respective Native community.
(B) Additional requirements for membership.--In
addition to the requirements described in subparagraph
(A), members of the Commission shall be persons of
recognized integrity and empathy, with a demonstrated
commitment to the values of truth, reconciliation,
healing, and expertise in truth and healing endeavors
that are traditionally and culturally appropriate so as
to provide balanced points of view and expertise with
respect to the duties of the Commission.
(2) Nominations.--
(A) In general.--Indian Tribes, Tribal
organizations, Native Americans, the Office of Hawaiian
Affairs, and Native Hawaiian organizations may submit
to the Secretary of the Interior nominations for
individuals to be appointed to the Commission not later
than 90 days after the date of enactment of this Act.
(B) Native american preference.--Individuals
nominated under subparagraph (A) who are Native
American shall receive a preference in the selection
process for appointment to the Commission under
paragraph (1).
(C) Submission to congress.--Not later than 7 days
after the submission deadline for nominations described
in subparagraph (A), the Secretary of the Interior
shall submit to Congress a list of the individuals
nominated under that subparagraph.
(3) Date.--Members of the Commission under paragraph (1)
shall be appointed not later than 180 days after the date of
enactment of this Act.
(4) Period of appointment; vacancies; removal.--
(A) Period of appointment.--A member of the
Commission shall be appointed for a term that is the
shorter of--
(i) 6 years; and
(ii) the life of the Commission.
(B) Vacancies.--After all initial members of the
Commission are appointed and the initial business
meeting of the Commission has been convened under
subsection (c)(1), a single vacancy in the Commission--
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled within 90 days in the
same manner as was the original appointment.
(C) Removal.--A quorum of members of the Commission
may remove a member of the Commission only for neglect
of duty or malfeasance.
(5) Termination.--The Commission shall terminate 30 days
after the date on which the Commission completes its duties
under section 111(e)(5)(B).
(6) Limitation.--No member of the Commission shall be an
officer or employee of the Federal Government.
(c) Business Meetings.--
(1) Initial business meeting.--90 days after the date on
which all of the members of the Commission are appointed under
subsection (b)(1)(A), the Commission shall hold the initial
business meeting of the Commission--
(A) to appoint a Chairperson, a Vice Chairperson, a
Secretary, and such other positions as determined
necessary by the Commission;
(B) to establish rules for meetings of the
Commission; and
(C) to appoint members of--
(i) the Survivors Truth and Healing
Subcommittee under section 121(b)(1); and
(ii) the Native American Truth and Healing
Advisory Committee under section 201(b)(1).
(2) Subsequent business meetings.--After the initial
business meeting of the Commission is held under paragraph (1),
the Commission shall meet at the call of the Chairperson.
(3) Advisory and subcommittee committees designees.--Each
Commission business meeting shall include participation by 2
non-voting designees from each of the Survivors Truth and
Healing Subcommittee, the Native American Truth and Healing
Advisory Committee, and the Federal Truth and Healing Advisory
Committee, as appointed in accordance with section
121(c)(1)(D), section 201(e)(1)(C), and section 211(c)(1)(C),
as applicable.
(4) Format of meetings.--A business meeting of the
Commission may be conducted in-person, virtually, or via phone.
(5) Quorum required.--A business meeting of the Commission
may only be held once a quorum, established in accordance with
subsection (d), is present.
(d) Quorum.--A simple majority of the members of the Commission
present shall constitute a quorum for a business meeting.
(e) Rules.--The Commission may establish, by a majority vote, any
rules for the conduct of Commission business, in accordance with this
section and other applicable law.
(f) Commission Personnel Matters.--
(1) Compensation of commissioners.--A member of the
Commission shall be compensated at a daily equivalent of the
annual rate of basic pay prescribed for grade 14 of the General
Schedule under section 5332 of title 5, United States Code, for
each day, not to exceed 14 days per month, for which a member
is engaged in the performance of their duties under this Act,
including convening meetings, including business meetings or
public or private meetings to receive testimony in furtherance
of the duties of the Commission and the purposes of this Act.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate
Federal agency and at the request of the Commission, may be
detailed to the Commission without--
(A) reimbursement to the agency of that employee;
and
(B) interruption or loss of civil service status,
benefits, or privileges.
(g) Powers of Commission.--
(1) Hearings and evidence.--The Commission may, for the
purpose of carrying out this Act--
(A) hold such hearings and sit and act at such
times and places, take such testimony, and receive such
evidence, virtually or in-person, as the Commission may
determine necessary to accomplish the purposes of this
Act;
(B) conduct or request such interdisciplinary
research, investigation, or analysis of such
information and documents, records, or other evidence
as the Commission may determine necessary to accomplish
the purposes of this Act, including--
(i) securing, directly from a Federal
agency, such information as the Commission
considers necessary to accomplish the purposes
of this Act; and
(ii) requesting the head of any relevant
Tribal or State agency to provide to the
Commission such information as the Commission
considers necessary to accomplish the purposes
of this Act;
(C) subject to paragraphs (1) and (2) of subsection
(i), require, by subpoena or otherwise, the production
of such records, papers, correspondence, memoranda,
documents, books, videos, oral histories, recordings,
or any other paper or electronic material, as the
Commission may determine necessary to accomplish the
purposes of this Act;
(D) oversee, direct, and collaborate with the
Federal Truth and Healing Advisory Committee, the
Native American Truth and Healing Advisory Committee,
and the Survivors Truth and Healing Subcommittee to
accomplish the purposes of this Act; and
(E) coordinate with Federal and non-Federal
entities to preserve and archive, as appropriate, any
gifts, documents, or other property received while
carrying out the purposes of this Act.
(2) Contracting; volunteer services.--
(A) Contracting.--The Commission may, to such
extent and in such amounts as are provided in
appropriations Acts, and in accordance with applicable
law, enter into contracts and other agreements with
public agencies, private organizations, and individuals
to enable the Commission to carry out the duties of the
Commission under this Act.
(B) Volunteer and uncompensated services.--
Notwithstanding section 1342 of title 31, United States
Code, the Commission may accept and use such voluntary
and uncompensated services as the Commission determines
to be necessary.
(C) General services administration.--The
Administrator of General Services shall provide, on
request of the Commission, on a reimbursable basis,
administrative support and other services for the
performance of the functions of the Commission under
this Act.
(3) 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.
(4) Gifts, fundraising, and disbursement.--
(A) Gifts and donations.--
(i) In general.--The Commission may accept,
use, and dispose of any gift, donation,
service, property, or other record or recording
to accomplish the purposes of this Act.
(ii) Return of gifts and donations.--On
termination of the Commission under subsection
(b)(5), any gifts, unspent donations, property,
or other record or recording accepted by the
Commission under clause (i) shall be--
(I) returned to the applicable
donor that made the donation under that
clause; or
(II) archived under subparagraph
(E).
(B) Fundraising.--The Commission may, on the
affirmative vote of \3/5\ of the members of the
Commission, solicit funds to accomplish the purposes of
this Act.
(C) Disbursement.--The Commission may, on the
affirmative vote of \3/5\ of the members of the
Commission, approve the expenditure of funds to
accomplish the purposes of this Act.
(D) Tax documents.--The Commission (or a designee)
shall, on request of a donor under subparagraph (A) or
(B), provide tax documentation to that donor for any
tax-deductible gift made by that donor under those
subparagraphs.
(E) Archiving.--The Commission shall coordinate
with the Library of Congress and the National Museum of
the American Indian to archive and preserve relevant
gifts or donations received under subparagraph (A) or
(B).
(h) Convening.--
(1) Convening protocol.--
(A) In general.--Not later than 45 days after the
initial business meeting of the Native American Truth
and Healing Advisory Committee, the Commission, 3
designees from the Native American Truth and Healing
Advisory Committee, and 3 designees from the Survivors
Truth and Healing Subcommittee shall hold a meeting to
establish rules, protocols, and formats for convenings
carried out under this subsection.
(B) Rules and protocols.--Not later than 45 days
after the initial meeting described in subparagraph
(A), the Commission shall finalize rules, protocols,
and formats for convenings carried out under this
subsection by a \3/5\ majority in attendance at a
meeting of the Commission.
(C) Additional meetings.--The Commission and
designees described in subparagraph (A) may hold
additional meetings, as necessary, to amend, by a \3/5\
majority in attendance at a meeting of the Commission,
the rules, protocols, and formats for convenings
established under that subparagraph.
(2) Announcement of convenings.--Not later than 30 days
before the date of a convening under this subsection, the
Commission shall announce the location and details of the
convening.
(3) Minimum number of convenings.--The Commission shall
hold--
(A) not fewer than 1 convening in each of the 12
regions of the Bureau of Indian Affairs and Hawai`i
during the life of the Commission; and
(B) beginning 1 year after the date of enactment of
this Act, not fewer than 1 convening per quarter to
receive testimony each calendar year until the date on
which the Commission submits the final report of the
Commission under section 111(e)(3).
(4) Opportunity to provide testimony.--No person or entity
shall be denied the opportunity to provide relevant testimony
at a convenings held under this subsection, subject to the
discretion of the Chairperson of the Commission (or a
designee).
(i) Subpoenas.--
(1) In general.--
(A) Issuance of subpoenas.--
(i) In general.--If a person fails to
supply information requested by the Commission,
the Commission may issue, on a unanimous vote
of the Commission, a subpoena requiring from a
person the production of any written or
recorded evidence necessary to carry out the
duties of the Commission under section 111.
(ii) Notification.--
(I) In general.--Not later than 10
days before the date on which the
Commission issues a subpoena under
clause (i), the Commission shall submit
to the Attorney General a confidential,
written notice of the intent to issue
the subpoena.
(II) Subpoena prohibited by
attorney general.--
(aa) In general.--The
Attorney General, on receiving
a notice under subclause (I),
may, on a showing of a
procedural or substantive
defect, and after the
Commission has a reasonable
opportunity to cure, prohibit
the issuance of the applicable
subpoena described in that
notice.
(bb) Notification to
congress.--On prohibition of
the issuance of a subpoena
under item (aa), the Attorney
General shall submit to
Congress a report detailing the
reasons for that prohibition.
(B) Production of evidence.--The production of
evidence may be required from any place within the
United States.
(2) Failure to obey a subpoena.--
(A) Order from a district court of the united
states.--If a person does not obey a subpoena issued
under paragraph (1), the Commission is authorized to
apply to a district court of the United States
described in subparagraph (B) for an order requiring
that person to comply with the subpoena.
(B) Location.--An application under subparagraph
(A) may be made within the judicial district where the
person described in that subparagraph resides or
transacts business.
(C) Penalty.--Any failure to obey an order of a
court described in subparagraph (A) may be punished by
the court as a civil contempt.
(3) Subject matter jurisdiction.--The district court of the
United States in which an action is brought under paragraph
(2)(B) shall have original jurisdiction over any civil action
brought by the Commission to enforce, secure a declaratory
judgment concerning the validity of, or prevent a threatened
refusal or failure to comply with the applicable subpoena
issued by the Commission.
(4) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a district court of the United States under the Federal Rules
of Civil Procedure.
(5) Service of process.--All process of any court to which
an application is made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or transacts business.
(j) Nondisclosure.--
(1) Privacy act of 1974 applicability.--Subsection (b) of
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974''), shall not apply to the
Commission.
(2) Freedom of information act applicability.--Records and
other communications provided to, from, between, or within the
Commission, the Federal Truth and Healing Advisory Committee,
the Native American Truth and Healing Advisory Committee, the
Survivors Truth and Healing Subcommittee, and related agencies
shall be exempt from disclosure under subsection (b)(3)(B) of
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act'').
(3) Federal advisory committee act applicability.--Chapter
10 of title 5, United States Code (commonly known as the
``Federal Advisory Committee Act''), shall not apply to the
Commission.
(k) Consultation or Engagement With Native Americans, Indian
Tribes, Tribal Organizations, the Office of Hawaiian Affairs, and
Native Hawaiian Organizations.--In carrying out the duties of the
Commission under section 111, the Commission shall meaningfully consult
or engage, as appropriate, in a timely manner with Native Americans,
Indian Tribes, Tribal organizations, the Office of Hawaiian Affairs,
and Native Hawaiian organizations.
(l) Authorization of Appropriations.--There is authorized to be
appropriated to the Commission to carry out this Act $15,000,000 for
each fiscal year, to remain available until expended.
Subtitle B--Duties of the Commission
SEC. 111. DUTIES OF THE COMMISSION.
(a) Investigation.--
(1) In general.--The Commission shall conduct a
comprehensive interdisciplinary investigation of Indian
Boarding School Policies, including the social, cultural,
economic, emotional, and physical effects of Indian Boarding
School Policies in the United States on Native American
communities, Indian Tribes, survivors of Indian Boarding
Schools, families of those survivors, and their descendants.
(2) Matters to be investigated.--The matters to be
investigated by the Commission under paragraph (1) shall
include, at a minimum--
(A) conducting a comprehensive review of existing
research and historical records of Indian Boarding
School Policies and any documentation, scholarship, or
other resources relevant to the purposes of this Act
from--
(i) any archive or any other document
storage location, notwithstanding the location
of that archive or document storage location;
and
(ii) any research conducted by private
individuals, private entities, and non-Federal
Government entities, whether domestic or
foreign, including religious institutions;
(B) collaborating with the Federal Truth and
Healing Advisory Committee to obtain all relevant
information from--
(i) the Department of the Interior, the
Department of Health and Human Services, other
relevant Federal agencies, and institutions or
organizations, including religious institutions
or organizations, that operated an Indian
Boarding School, carried out Indian Boarding
School Policies, or have information the
Commission determines relevant to the
investigation of the Commission; and
(ii) Indian Tribes, Tribal organizations,
Native Americans, the Office of Hawaiian
Affairs, and Native Hawaiian organizations; and
(C) conducting a comprehensive assessment of the
impacts of Indian Boarding School Policies on American
Indian, Alaska Native, and Native Hawaiian cultures,
traditions, and languages.
(3) Research related to objects, artifacts, and real
property.--If the Commission conducts a comprehensive review of
research described in paragraph (2)(A)(ii) that focuses on
objects, artifacts, or real or personal property that are in
the possession or control of private individuals, private
entities, or non-Federal government entities within the United
States, the Commission may enter into a contract or agreement
to acquire, hold, curate, or maintain those objects, artifacts,
or real or personal property until the objects, artifacts, or
real or personal property can be properly repatriated or
returned, consistent with applicable Federal law and
regulations, subject to the condition that no Federal funds may
be used to purchase those objects, artifacts, or real or
personal property.
(b) Meetings and Convenings.--
(1) In general.--The Commission shall hold, with the advice
of the Native American Truth and Healing Advisory Committee and
the Survivors Truth and Healing Subcommittee, and in
coordination with, as relevant, Indian Tribes, Tribal
organizations, the Office of Hawaiian Affairs, and Native
Hawaiian organizations, as part of its investigation under
subsection (a), safe, trauma-informed, and culturally
appropriate public or private meetings or convenings to receive
testimony relating to that investigation.
(2) Requirements.--The Commission shall ensure that
meetings and convenings held under paragraph (1) provide access
to adequate trauma-informed care services for participants,
attendees, and communities during and following the meetings
and convenings where the Commission receives testimony,
including ensuring private space is available for survivors and
descendants of survivors, family members, and other community
members to receive trauma-informed care services.
(c) Recommendations.--
(1) In general.--The Commission shall make recommendations
to Congress relating to the investigation carried out under
subsection (a), which shall be included in the final report
required under subsection (e)(3).
(2) Inclusions.--Recommendations made under paragraph (1)
shall include, at a minimum, recommendations relating to--
(A) in light of Tribal and Native Hawaiian law,
Tribal customary law, tradition, custom, and practice,
how the Federal Government can meaningfully acknowledge
the role of the Federal Government in supporting Indian
Boarding School Policies in all issue areas that the
Commission determines relevant, including appropriate
forms of memorialization, preservation of records,
objects, artifacts, and burials;
(B) how modification of existing laws, procedures,
regulations, policies, budgets, and practices will, in
the determination of the Commission, address the
findings of the Commission and ongoing effects of
Indian Boarding School Policies; and
(C) how the Federal Government can promote public
awareness and education of Indian Boarding School
Policies and the impacts of those policies, including
through coordinating with the Native American Truth and
Healing Advisory Committee, the Survivors Truth and
Healing Subcommittee, the National Museum of the
American Indian, and other relevant institutions and
organizations.
(d) Duties Related to Burials.--The Commission shall, with respect
to burial sites associated with Indian Boarding Schools--
(1) coordinate, as appropriate, with the Native American
Truth and Healing Advisory Committee, the Federal Truth and
Healing Advisory Committee, the Survivors Truth and Healing
Subcommittee, lineal descendants, Indian Tribes, the Office of
Hawaiian Affairs, Federal agencies, institutions, and
organizations to locate and identify, in a culturally
appropriate manner, marked and unmarked burial sites, including
cemeteries, unmarked graves, and mass burial sites, where
students of Indian Boarding Schools were originally or later
interred;
(2) locate, document, analyze, and coordinate the
preservation or continued preservation of records and
information relating to the interment of students, including
any records held by Federal, State, international, or local
entities or religious institutions or organizations; and
(3) share, to the extent practicable, with affected lineal
descendants, Indian Tribes, and the Office of Hawaiian Affairs
burial locations and the identities of children that attended
Indian Boarding Schools.
(e) Reports.--
(1) Annual reports to congress.--Not less frequently than
annually each year until the year before the year in which the
Commission submits the final report under paragraph (3), the
Commission shall submit to the Committee on Indian Affairs of
the Senate and the Committee on Natural Resources of the House
of Representatives a report that describes the activities of
the Committee during the previous year, including an accounting
of funds and gifts received and expenditures made, the progress
made, and any barriers encountered in carrying out this Act.
(2) Commission initial report.--Not later than 4 years
after the date on which a majority of the members of the
Commission are appointed under section 101(b)(1), the
Commission shall submit to the individuals described in
paragraph (4), and make publicly available, an initial report
containing--
(A) a detailed review of existing research,
including documentation, scholarship, or other
resources shared with the Commission that further the
purposes of this Act;
(B) a detailed statement of the initial findings
and conclusions of the Commission; and
(C) a detailed statement of the initial
recommendations of the Commission.
(3) Commission final report.--Not later than 6 years after
the date on which a majority of the members of the Commission
are appointed under section 101(b)(1), the Commission shall
submit to the individuals described in paragraph (4), and make
publicly available, a final report containing the findings,
conclusions, and recommendations of the Commission that have
been agreed on by the vote of a majority of the members of the
Commission and \3/5\ of the members of each of the Native
American Truth and Healing Advisory Committee and the Survivors
Truth and Healing Subcommittee.
(4) Report recipients.--The individuals referred to in
paragraphs (2) and (3) are--
(A) the President;
(B) the Secretary of the Interior;
(C) the Attorney General;
(D) the Comptroller General of the United States;
(E) the Secretary of Education;
(F) the Secretary of Health and Human Services;
(G) the Secretary of Defense;
(H) the Chairperson and Vice Chairperson of the
Committee on Indian Affairs of the Senate;
(I) the Chairperson and Ranking Member of the
Committee on Natural Resources of the House of
Representatives;
(J) the Chair and Co-Chair of the Congressional
Native American Caucus;
(K) the Executive Director of the White House
Council on Native American Affairs;
(L) the Director of the Office of Management and
Budget;
(M) the Archivist of the United States;
(N) the Librarian of Congress; and
(O) the Director of the National Museum of the
American Indian.
(5) Additional commission responsibilities relating to the
publication of the initial and final reports.--
(A) Events relating to initial report.--
(i) In general.--The Commission shall hold
not fewer than 2 events in each region of the
Bureau of Indian Affairs and Hawai`i following
publication of the initial report under
paragraph (2) to receive comments on the
initial report.
(ii) Timing.--The schedule of events
referred to in clause (i) shall be announced
not later than 90 days after the date on which
the initial report under paragraph (2) is
published.
(B) Publication of final report.--Not later than
180 days after the date on which the Commission submits
the final report under paragraph (3), the Commission,
the Secretary of the Interior, the Secretary of
Education, the Secretary of Defense, and the Secretary
of Health and Human Services shall each make the final
report publicly available on the website of the
applicable agency.
(6) Secretarial response to final report.--Not later than
120 days after the date on which the Secretary of the Interior,
the Secretary of Education, the Secretary of Defense, and the
Secretary of Health and Human Services receive the final report
under paragraph (3), the Secretaries shall each make publicly
available a written response to recommendations for future
action by those agencies, if any, contained in the final
report, and submit the written response to--
(A) the President;
(B) the Committee on Indian Affairs of the Senate;
(C) the Committee on Natural Resources of the House
of Representatives; and
(D) the Comptroller General of the United States.
Subtitle C--Survivors Truth and Healing Subcommittee
SEC. 121. SURVIVORS TRUTH AND HEALING SUBCOMMITTEE.
(a) Establishment.--There is established a subcommittee of the
Commission, to be known as the ``Survivors Truth and Healing
Subcommittee''.
(b) Membership, Nomination, and Appointment to the Survivors Truth
and Healing Subcommittee.--
(1) Membership.--The Survivors Truth and Healing
Subcommittee shall include 15 members, to be appointed by the
Commission, in consultation with the National Native American
Boarding School Healing Coalition, from among the nominees
submitted under paragraph (2)(A), of whom--
(A) 13 shall be representatives from each of the 12
regions of the Bureau of Indian Affairs and Hawai`i;
(B) 9 shall be individuals who attended an Indian
Boarding School, of whom--
(i) not fewer than 2 shall be individuals
who graduated during the 5-year period
preceding the date of enactment of this Act
from--
(I) an Indian Boarding School in
operation as of that date of enactment;
or
(II) a Bureau of Indian Education-
funded school; and
(ii) all shall represent diverse regions of
the United States;
(C) 5 shall be descendants of individuals who
attended Indian Boarding Schools, who shall represent
diverse regions of the United States; and
(D) 1 shall be an educator who, as of the date of
the appointment--
(i) is employed at an Indian Boarding
School; or
(ii) was employed at an Indian Boarding
School during the 5-year period preceding the
date of enactment of this Act.
(2) Nominations.--
(A) In general.--Indian Tribes, Tribal
organizations, Native Americans, the Office of Hawaiian
Affairs, and Native Hawaiian organizations may submit
to the Secretary of the Interior nominations for
individuals to be appointed to the Survivors Truth and
Healing Subcommittee not later than 90 days after the
date of enactment of this Act.
(B) Submission.--The Secretary of the Interior
shall provide the Commission with nominations submitted
under subparagraph (A) at the initial business meeting
of the Commission under section 101(c)(1) and the
Commission shall select the members of the Survivors
Truth and Healing Subcommittee from among those
nominees.
(3) Date.--
(A) In general.--The Commission shall appoint all
members of the Survivors Truth and Healing Subcommittee
during the initial business meeting of the Commission
under section 101(c)(1).
(B) Failure to appoint.--If the Commission fails to
appoint all members of the Survivors Truth and Healing
Subcommittee in accordance with subparagraph (A), the
Chair of the Committee on Indian Affairs of the Senate,
with the concurrence of the Vice Chair of the Committee
on Indian Affairs of the Senate, shall appoint
individuals, in accordance with the requirements of
paragraph (1), to all vacant positions of the Survivors
Truth and Healing Subcommittee not later than 30 days
after the date of the initial business meeting of the
Commission under section 101(c)(1).
(4) Period of appointment; vacancies; removal.--
(A) Period of appointment.--A member of the
Survivors Truth and Healing Subcommittee shall be
appointed for an automatically renewable term of 2
years.
(B) Vacancies.--
(i) In general.--A member of the Survivors
Truth and Healing Subcommittee may self-vacate
the position at any time and for any reason.
(ii) Effect; filling of vacancy.--A vacancy
in the Survivors Truth and Healing
Subcommittee--
(I) shall not affect the powers of
the Survivors Truth and Healing
Subcommittee if a simple majority of
the positions of the Survivors Truth
and Healing Subcommittee are filled;
and
(II) shall be filled within 90 days
in the same manner as was the original
appointment.
(C) Removal.--A quorum of members of the Commission
may remove a member of the Survivors Truth and Healing
Subcommittee only for neglect of duty or malfeasance.
(5) Termination.--The Survivors Truth and Healing
Subcommittee shall terminate 90 days after the date on which
the Commission submits the final report required under section
111(e)(3).
(6) Limitation.--No member of the Survivors Truth and
Healing Subcommittee shall be an officer or employee of the
Federal Government.
(c) Business Meetings.--
(1) Initial meeting.--Not later 30 days after the date on
which all members of the Survivors Truth and Healing
Subcommittee are appointed under subsection (b)(1), the
Survivors Truth and Healing Subcommittee shall hold an initial
business meeting--
(A) to appoint--
(i) a Chairperson, who shall also serve as
the Vice Chairperson of the Federal Truth and
Healing Advisory Committee;
(ii) a Vice Chairperson, who shall also
serve as the Vice Chairperson of the Native
American Truth and Healing Advisory Committee;
and
(iii) a Secretary;
(B) to establish, with the advice of the
Commission, rules for the Survivors Truth and Healing
Subcommittee;
(C) to appoint 3 designees to fulfill the
responsibilities described in section 101(h)(1)(A); and
(D) to appoint, with the advice of the Commission,
2 members of the Survivors Truth and Healing
Subcommittee to serve as non-voting designees on the
Commission in accordance with section 101(c)(3).
(2) Subsequent business meetings.--After the initial
business meeting of the Survivors Truth and Healing
subcommittee is held under paragraph (1), the Survivors Truth
and Healing Subcommittee shall meet at the call of the
Chairperson.
(3) Format of business meetings.--A business meeting of the
Survivors Truth and Healing Subcommittee may be conducted in-
person, virtually, or via phone.
(4) Quorum required.--A business meeting of the Survivors
Truth and Healing Subcommittee may only be held once a quorum,
established in accordance with subsection (d), is present.
(d) Quorum.--A simple majority of the members of the Survivors
Truth and Healing Subcommittee present shall constitute a quorum for a
business meeting.
(e) Rules.--The Survivors Truth and Healing Subcommittee, with the
advice of the Commission, may establish, by a majority vote, any rules
for the conduct of business, in accordance with this section and other
applicable law.
(f) Duties.--The Survivors Truth and Healing Subcommittee shall--
(1) assist the Commission, the Native American Truth and
Healing Advisory Committee, and the Federal Truth and Healing
Advisory Committee in coordinating public and private
convenings, including--
(A) providing advice to the Commission on
developing criteria and protocols for convenings; and
(B) providing advice and evaluating Committee
recommendations relating to the commemoration and
public education relating to Indian Boarding Schools
and Indian Boarding School Policies; and
(2) provide advice to, or fulfill such other requests by,
the Commission as the Commission may require to carry out the
purposes described in section 3.
(g) Consultation or Engagement With Native Americans, Indian
Tribes, Tribal Organizations, the Office of Hawaiian Affairs, and
Native Hawaiian Organizations.--In carrying out the duties of the
Survivors Truth and Healing Subcommittee under subsection (f), the
Survivors Truth and Healing Subcommittee shall meaningfully consult or
engage, as appropriate, in a timely manner with Native Americans,
Indian Tribes, Tribal organizations, the Office of Hawaiian Affairs,
and Native Hawaiian organizations.
(h) Nondisclosure.--
(1) Privacy act of 1974 applicability.--Subsection (b) of
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974''), shall not apply to the Survivors
Truth and Healing Subcommittee.
(2) Freedom of information act applicability.--Records and
other communications provided to, from, between, or within the
Commission, the Federal Truth and Healing Advisory Committee,
the Native American Truth and Healing Advisory Committee, the
Survivors Truth and Healing Subcommittee, and related agencies
shall be exempt from disclosure under subsection (b)(3)(B) of
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act'').
(3) Federal advisory committee act applicability.--Chapter
10 of title 5, United States Code (commonly known as the
``Federal Advisory Committee Act''), shall not apply to the
Survivors Truth and Healing Subcommittee.
(i) Personnel Matters.--
(1) Compensation of members.--A member of the Survivors
Truth and Healing Subcommittee shall be compensated at a daily
equivalent of the annual rate of basic pay prescribed for grade
13 of the General Schedule under section 5332 of title 5,
United States Code, for each day, not to exceed 14 days per
month, for which a member of the Survivors Truth and Healing
Subcommittee is engaged in the performance of their duties
under this Act, including the convening of meetings, including
public and private meetings to receive testimony in furtherance
of the duties of the Survivors Truth and Healing Subcommittee
and the purposes of this Act.
(2) Travel expenses.--A member of the Survivors Truth and
Healing Subcommittee shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or
regular places of business in the performance of services for
the Survivors Truth and Healing Subcommittee.
TITLE II--ADVISORY COMMITTEES
Subtitle A--Native American Truth and Healing Advisory Committee
SEC. 201. NATIVE AMERICAN TRUTH AND HEALING ADVISORY COMMITTEE.
(a) Establishment.--The Commission shall establish an advisory
committee, to be known as the ``Native American Truth and Healing
Advisory Committee''.
(b) Membership, Nomination, and Appointment to the Native American
Truth and Healing Advisory Committee .--
(1) Membership.--
(A) In general.--The Native American Truth and
Healing Advisory Committee shall include 19 members, to
be appointed by the Commission from among the nominees
submitted under paragraph (2)(A), of whom--
(i) 1 shall be the Vice Chairperson of the
Commission, who shall serve as the Chairperson
of the Native American Truth and Healing
Advisory Committee;
(ii) 1 shall be the Vice Chairperson of the
Survivors Truth and Healing Subcommittee, who
shall serve as the Vice Chairperson of the
Native American Truth and Healing Advisory
Committee;
(iii) 1 shall be the Secretary of the
Interior, or a designee, who shall serve as the
Secretary of the Native American Truth and
Healing Advisory Committee;
(iv) 13 shall be representatives from each
of the 12 regions of the Bureau of Indian
Affairs and Hawai`i;
(v) 1 shall represent the National Native
American Boarding School Healing Coalition;
(vi) 1 shall represent the National
Association of Tribal Historic Preservation
Officers; and
(vii) 1 shall represent the National Indian
Education Association.
(B) Additional requirements.--Not fewer than 2
members of the Native American Truth and Healing
Advisory Committee shall have experience with health
care or mental health, traditional healing or cultural
practices, counseling, or working with survivors, or
descendants of survivors, of Indian Boarding Schools to
ensure that the Commission considers culturally
responsive support for survivors, families, and
communities.
(2) Nominations.--
(A) In general.--Indian Tribes, Tribal
organizations, Native Americans, the Office of Hawaiian
Affairs, and Native Hawaiian organizations may submit
to the Secretary of the Interior nominations for
individuals to be appointed to the Native American
Truth and Healing Advisory Committee not later than 90
days after the date of enactment of this Act.
(B) Submission.--The Secretary of the Interior
shall provide the Commission with nominations submitted
under subparagraph (A) at the initial business meeting
of the Commission under section 101(c)(1) and the
Commission shall select the members of the Native
American Truth and Healing Advisory Committee from
among those nominees.
(3) Date.--
(A) In general.--The Commission shall appoint all
members of the Native American Truth and Healing
Advisory Committee during the initial business meeting
of the Commission under section 101(c)(1).
(B) Failure to appoint.--If the Commission fails to
appoint all members of the Native American Truth and
Healing Advisory Committee in accordance with
subparagraph (A), the Chair of the Committee on Indian
Affairs of the Senate, with the concurrence of the Vice
Chair of the Committee on Indian Affairs of the Senate,
shall appoint, in accordance with the requirements of
paragraph (1), individuals to all vacant positions of
the Native American Truth and Healing Advisory
Committee not later than 30 days after the date of the
initial business meeting of the Commission under
section 101(c)(1).
(4) Period of appointment; vacancies.--
(A) Period of appointment.--A member of the Native
American Truth and Healing Advisory Committee shall be
appointed for an automatically renewable term of 2
years.
(B) Vacancies.--A vacancy in the Native American
Truth and Healing Advisory Committee--
(i) shall not affect the powers of the
Native American Truth and Healing Advisory
Committee if a simple majority of the positions
of the Native American Truth and Healing
Advisory Committee are filled; and
(ii) shall be filled within 90 days in the
same manner as was the original appointment.
(5) Termination.--The Native American Truth and Healing
Advisory Committee shall terminate 90 days after the date on
which the Commission submits the final report required under
section 111(e)(3).
(6) Limitation.--No member of the Native American Truth and
Healing Advisory Committee (other than the member described in
paragraph (1)(A)(iii)) shall be an officer or employee of the
Federal Government.
(c) Quorum.--A simple majority of the members of the Native
American Truth and Healing Committee shall constitute a quorum.
(d) Removal.--A quorum of members of the Native American Truth and
Healing Committee may remove another member only for neglect of duty or
malfeasance.
(e) Business Meetings.--
(1) Initial business meeting.--Not later than 30 days after
the date on which all members of the Native American Truth and
Healing Advisory Committee are appointed under subsection
(b)(1)(A), the Native American Truth and Healing Advisory
Committee shall hold an initial business meeting--
(A) to establish rules for the Native American
Truth and Healing Advisory Committee;
(B) to appoint 3 designees to fulfill the
responsibilities described in section 101(h)(1)(A); and
(C) to appoint 2 members of the Native American
Truth and Healing Advisory Committee to serve non-
voting as designees on the Commission in accordance
with section 101(c)(3).
(2) Subsequent business meetings.--After the initial
business meeting of the Native American Truth and Healing
Advisory Committee is held under paragraph (1), the Native
American Truth and Healing Advisory Committee shall meet at the
call of the Chairperson.
(3) Format of business meetings.--A meeting of the Native
American Truth and Healing Advisory Committee may be conducted
in-person, virtually, or via phone.
(4) Quorum required.--A business meeting of the Native
American Truth and Healing Advisory Committee may only be held
once a quorum, established in accordance with subsection (c),
is present.
(f) Rules.--The Native American Truth and Healing Advisory
Committee may establish, with the advice of the Commission, by a
majority vote, any rules for the conduct of business, in accordance
with this section and other applicable law.
(g) Duties.--The Native American Truth and Healing Advisory
Committee shall--
(1) serve as an advisory body to the Commission;
(2) assist the Commission in organizing and carrying out
culturally appropriate public and private convenings relating
to the duties of the Commission;
(3) assist the Commission in determining what documentation
from Federal and religious organizations and institutions may
be necessary to fulfill the duties of the Commission;
(4) assist the Commission in the production of the initial
report and final report required under paragraphs (2) and (3),
respectively, of section 111(e);
(5) coordinate with the Federal Truth and Healing Advisory
Committee and the Survivors Truth and Healing Subcommittee; and
(6) provide advice to, or fulfill such other requests by,
the Commission as the Commission may require to carry out the
purposes described in section 3.
(h) Consultation or Engagement With Native Americans, Indian
Tribes, Tribal Organizations, the Office of Hawaiian Affairs, and
Native Hawaiian Organizations.--In carrying out the duties of the
Native American Truth and Healing Advisory Committee under subsection
(g), the Native American Truth and Healing Advisory Committee shall
meaningfully consult or engage, as appropriate, in a timely manner with
Native Americans, Indian Tribes, Tribal organizations, the Office of
Hawaiian Affairs, and Native Hawaiian organizations.
(i) Nondisclosure.--
(1) Privacy act of 1974 applicability.--Subsection (b) of
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974''), shall not apply to the Native
American Truth and Healing Advisory Committee.
(2) Freedom of information act applicability.--Records and
other communications provided to, from, between, or within the
Commission, the Federal Truth and Healing Advisory Committee,
the Native American Truth and Healing Advisory Committee, the
Survivors Truth and Healing Subcommittee, and related agencies
shall be exempt from disclosure under subsection (b)(3)(B) of
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act'').
(3) Federal advisory committee act applicability.--Chapter
10 of title 5, United States Code (commonly known as the
``Federal Advisory Committee Act''), shall not apply to the
Native American Truth and Healing Advisory Committee.
(j) Personnel Matters.--
(1) Compensation of members.--A member of the Native
American Truth and Healing Advisory Committee shall be
compensated at a daily equivalent of the annual rate of basic
pay prescribed for grade 13 of the General Schedule under
section 5332 of title 5, United States Code, for each day, not
to exceed 14 days per month, for which a member is engaged in
the performance of their duties under this Act, including the
convening of meetings, including public and private meetings to
receive testimony in furtherance of the duties of the Native
American Truth and Healing Advisory Committee and the purposes
of this Act.
(2) Travel expenses.--A member of the Native American Truth
and Healing Advisory Committee shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Native American Truth and Healing Advisory
Committee.
Subtitle B--Federal Truth and Healing Advisory Committee
SEC. 211. FEDERAL TRUTH AND HEALING ADVISORY COMMITTEE.
(a) Establishment.--There is established within the Department of
the Interior an advisory committee, to be known as the ``Federal Truth
and Healing Advisory Committee''.
(b) Membership and Appointment to the Federal Truth and Healing
Advisory Committee.--
(1) Membership.--The Federal Truth and Healing Advisory
Committee shall include 17 members, of whom--
(A) 1 shall be the Chairperson of the Commission,
who shall serve as the Chairperson of the Federal Truth
and Healing Advisory Committee;
(B) 1 shall be the Chairperson of the Survivors
Truth and Healing Subcommittee, who shall serve as the
Vice Chairperson of the Federal Truth and Healing
Advisory Committee;
(C) 1 shall be the White House Domestic Policy
Advisor, who shall serve as the Secretary of the
Federal Truth and Healing Advisory Committee;
(D) 1 shall be the Director of the Bureau of Trust
Funds Administration (or a designee);
(E) 1 shall be the Archivist of the United States
(or a designee);
(F) 1 shall be the Librarian of Congress (or a
designee);
(G) 1 shall be the Director of the Department of
the Interior Library (or a designee);
(H) 1 shall be the Director of the Indian Health
Service (or a designee);
(I) 1 shall be the Assistant Secretary for Mental
Health and Substance Abuse of the Department of Health
and Human Services (or a designee);
(J) 1 shall be the Commissioner of the
Administration for Native Americans of the Department
of Health and Human Services (or a designee);
(K) 1 shall be the Director of the National
Institutes of Health (or a designee);
(L) 1 shall be the Senior Program Director of the
Office of Native Hawaiian Relations of the Department
of the Interior (or a designee);
(M) 1 shall be the Director of the Office of Indian
Education of the Department of Education (or a
designee);
(N) 1 shall be the Director of the Rural, Insular,
and Native American Achievement Programs of the
Department of Education (or a designee);
(O) 1 shall be the Chair of the Advisory Council on
Historic Preservation (or a designee);
(P) 1 shall be the Assistant Secretary of Indian
Affairs (or a designee); and
(Q) 1 shall be the Director of the Bureau of Indian
Education (or a designee).
(2) Period of service; vacancies; removal.--
(A) Period of service.--A member of the Federal
Truth and Healing Advisory Committee shall serve for an
automatically renewable term of 2 years.
(B) Vacancies.--A vacancy in the Federal Truth and
Healing Advisory Committee--
(i) shall not affect the powers of the
Federal Truth and Healing Advisory Committee if
a simple majority of the positions of the
Federal Truth and Healing Advisory Committee
are filled; and
(ii) shall be filled within 90 days in the
same manner as was the original appointment.
(C) Removal.--A quorum of members of the Federal
Truth and Healing Advisory Committee may remove a
member of the Federal Truth and Healing Advisory
Committee only for neglect of duty or malfeasance.
(3) Termination.--The Federal Truth and Healing Advisory
Committee shall terminate 90 days after the date on which the
Commission submits the final report required under section
111(e)(3).
(c) Business Meetings.--
(1) Initial business meeting.--Not later than 30 days after
the date of the initial business meeting of the Commission
under section 101(c)(1), the Federal Truth and Healing Advisory
Committee shall hold an initial business meeting--
(A) to establish rules for the Federal Truth and
Healing Advisory Committee; and
(B) to appoint 2 members of the Federal Truth and
Healing Advisory Committee to serve as non-voting
designees on the Commission in accordance with section
101(c)(3).
(2) Subsequent business meetings.--After the initial
business meeting of the Federal Truth and Healing Advisory
Committee is held under paragraph (1), the Federal Truth and
Healing Advisory Committee shall meet at the call of the
Chairperson.
(3) Format of business meetings.--A business meeting of the
Federal Truth and Healing Advisory Committee may be conducted
in-person, virtually, or via phone.
(4) Quorum required.--A business meeting of the Federal
Truth and Healing Advisory Committee may only be held once a
quorum, established in accordance with subsection (d), is
present.
(d) Quorum.--A simple majority of the members of the Federal Truth
and Healing Advisory Committee present shall constitute a quorum for a
business meeting.
(e) Rules.--The Federal Truth and Healing Advisory Committee may
establish, with the advice of the Commission, by a majority vote, any
rules for the conduct of business, in accordance with this section and
other applicable law.
(f) Duties.--The Federal Truth and Healing Advisory Committee
shall--
(1) ensure the effective and timely coordination between
Federal agencies in furtherance of the purposes of this Act;
(2) assist the Commission and the Native American Truth and
Healing Advisory Committee in coordinating--
(A) meetings and other related public and private
convenings; and
(B) the collection, organization, and preservation
of information obtained from witnesses and by other
Federal agencies; and
(3) ensure the timely submission to the Commission of
materials, documents, testimony, and such other information as
the Commission determines to be necessary to carry out the
duties of the Commission.
(g) Consultation or Engagement With Native Americans, Indian
Tribes, Tribal Organizations, the Office of Hawaiian Affairs, and
Native Hawaiian Organizations.--In carrying out the duties of the
Federal Truth and Healing Advisory Committee under subsection (f), the
Federal Truth and Healing Advisory Committee shall meaningfully consult
or engage, as appropriate, in a timely manner with Native Americans,
Indian Tribes, Tribal organizations, the Office of Hawaiian Affairs,
and Native Hawaiian organizations.
(h) Nondisclosure.--
(1) Privacy act of 1974 applicability.--Subsection (b) of
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974''), shall not apply to the Federal
Truth and Healing Advisory Committee.
(2) Freedom of information act applicability.--Records and
other communications provided to, from, between, or within the
Commission, the Federal Truth and Healing Advisory Committee,
the Native American Truth and Healing Advisory Committee, the
Survivors Truth and Healing Subcommittee, and related agencies
shall be exempt from disclosure under subsection (b)(3)(B) of
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act'').
(3) Federal advisory committee act applicability.--Chapter
10 of title 5, United States Code (commonly known as the
``Federal Advisory Committee Act''), shall not apply to the
Federal Truth and Healing Advisory Committee.
TITLE III--GENERAL PROVISIONS
SEC. 301. CLARIFICATION.
Any human remains or associated or unassociated funerary objects
located on Federal land, on land managed by a Federal agency, or land
otherwise curated by a Federal agency and relating to an Indian
Boarding School shall be considered collections or holdings over which
a Federal agency has possession or control and the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) shall
apply.
SEC. 302. BURIAL MANAGEMENT.
A Federal agency that carries out activities pursuant to this Act
or that created or controls a cemetery with remains of an individual
who attended an Indian Boarding School may rebury the remains of that
individual and any associated funerary items that have been repatriated
pursuant to section 7 of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3005), consistent with Tribal practices, on
any Federal land as agreed to by the relevant parties.
SEC. 303. CO-STEWARDSHIP AGREEMENTS.
A Federal agency that carries out activities pursuant to this Act
or that created or controls a cemetery with remains of an individual
who attended an Indian Boarding School or an Indian Boarding School may
enter into a co-stewardship agreement for the management of the
cemetery or Indian Boarding School.
SEC. 304. NO RIGHT OF ACTION.
Nothing in this Act creates a private right of action to seek
administrative or judicial relief.
Calendar No. 432
118th CONGRESS
2d Session
S. 1723
[Report No. 118-187]
_______________________________________________________________________
A BILL
To establish the Truth and Healing Commission on Indian Boarding School
Policies in the United States, and for other purposes.
_______________________________________________________________________
July 8, 2024
Reported with an amendment