[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1723 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1723

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, and Ms. Murkowski) introduced the following bill; which was 
       read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Truth and Healing Commission on 
Indian Boarding School Policies Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (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;
            (2) assimilation processes can be traced back to--
                    (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
                    (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;
            (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;
            (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;
            (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--
                    (A) the Federal Government or the churches who ran 
                those schools; or
                    (B) other entities who profited from the existence 
                of those schools;
            (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'';
            (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;
            (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;
            (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;
            (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;
            (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;
            (12) Hampton Agricultural and Industrial School continued 
        as a boarding school for American Indians, Alaska Natives, and 
        Native Hawaiians until 1923;
            (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;
            (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;
            (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;
            (16) at the Carlisle Indian Industrial School alone, 
        approximately 180 American Indian and Alaska Native children 
        were buried;
            (17) according to research from the National Native 
        American Boarding School Healing Coalition--
                    (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;
                    (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;
                    (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
                    (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;
            (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--
                    (A) unmarked graves at Chemawa Indian School in 
                Salem, Oregon; and
                    (B) remains of children who were burned in 
                incinerators at Indian boarding schools;
            (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--
                    (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
                    (B) all other records are believed to be held in 
                catalogued and uncatalogued church archives, private 
                collections, or lost or destroyed;
            (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;
            (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;
            (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;
            (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;
            (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;
            (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;
            (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;
            (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;
            (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;
            (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;
            (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;
            (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;
            (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;
            (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;
            (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;
            (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
            (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.''.

SEC. 3. PURPOSES.

    The purposes of this Act are to establish a Truth and Healing 
Commission on Indian Boarding School Policies in the United States--
            (1) to formally investigate and document--
                    (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
                    (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;
            (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;
            (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
            (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--
                    (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;
                    (B) to establish a nationwide hotline for 
                survivors, family members, or other community members 
                affected by the Indian Boarding School Policies; and
                    (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.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Truth and Healing Advisory Committee established by 
        the Commission under section 5(g).
            (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).
            (3) Indian boarding school policies.--The term ``Indian 
        Boarding School Policies'' means--
                    (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
                    (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.

SEC. 5. TRUTH AND HEALING COMMISSION ON INDIAN BOARDING SCHOOL POLICIES 
              IN THE UNITED STATES.

    (a) Establishment.--There is established the Truth and Healing 
Commission on Indian Boarding School Policies in the United States.
    (b) Membership.--
            (1) In general.--The Commission shall include 10 members, 
        of whom--
                    (A) 2 shall be appointed by the President;
                    (B) 2 shall be appointed by the President pro 
                tempore of the Senate, on the recommendation of the 
                majority leader of the Senate;
                    (C) 2 shall be appointed by the President pro 
                tempore of the Senate, on the recommendation of the 
                minority leader of the Senate; and
                    (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.
            (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--
                    (A) from diverse geographic areas;
                    (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
                    (C) who possess expertise in truth and healing 
                endeavors that are traditionally and culturally 
                appropriate.
            (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.
            (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.
            (5) Period of appointment; vacancies; removal.--
                    (A) Period of appointment.--A member of the 
                Commission shall be appointed for a term of 5 years.
                    (B) Vacancies.--A vacancy in the Commission--
                            (i) shall not affect the powers of the 
                        Commission; and
                            (ii) shall be filled in the same manner as 
                        the original appointment.
                    (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.
    (c) Meetings.--
            (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.
            (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.
            (3) Format of meetings.--A meeting of the Commission may be 
        conducted in-person, virtually, or via phone.
    (d) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (e) Chairperson and Vice Chairperson.--The Commission shall select 
a Chairperson and Vice Chairperson from among the members of the 
Commission.
    (f) Commission Personnel Matters.--
            (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.
            (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.
    (g) Truth and Healing Advisory Committee.--
            (1) Establishment.--The Commission shall establish an 
        advisory committee, to be known as the ``Truth and Healing 
        Advisory Committee''.
            (2) Membership.--The Advisory Committee shall consist of--
                    (A) 1 representative from each of--
                            (i) the National Native American Boarding 
                        School Healing Coalition;
                            (ii) the National Congress of American 
                        Indians;
                            (iii) the National Indian Education 
                        Association;
                            (iv) the National Indian Child Welfare 
                        Association;
                            (v) the Alaska Federation of Natives; and
                            (vi) the Office of Hawaiian Affairs;
                    (B) the Director of the Bureau of Indian Education;
                    (C) the Director of the Office of Indian Education 
                of the Department of Education;
                    (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
                    (E) not fewer than--
                            (i) 5 members of different Indian Tribes 
                        from diverse geographic areas, to be selected 
                        from among nominations submitted by Indian 
                        Tribes;
                            (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;
                            (iii) 1 member representing Native 
                        Hawaiians, to be selected by a process 
                        administered by the Office of Hawaiian Affairs;
                            (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;
                            (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;
                            (vi) 2 family members of students who 
                        attended Indian boarding schools, who shall 
                        represent diverse regions of the United States;
                            (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;
                            (viii) 2 current teachers who teach at an 
                        Indian boarding school;
                            (ix) 2 students who, as of the date of 
                        enactment of this Act, attend an Indian 
                        boarding school;
                            (x) 1 representative of the International 
                        Indian Treaty Council or the Association on 
                        American Indian Affairs; and
                            (xi) 1 trained archivist who has experience 
                        working with educational or church records.
            (3) Duties.--The Advisory Committee shall--
                    (A) serve as an advisory body to the Commission; 
                and
                    (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).
            (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.
    (h) Duties of the Commission.--
            (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--
                    (A) to protect unmarked graves and accompanying 
                land protections;
                    (B) to support repatriation and identify the Tribal 
                nations from which children were taken; and
                    (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.
            (2) Matters investigated.--The matters investigated by the 
        Commission under paragraph (1) shall include--
                    (A) the implementation of the Indian Boarding 
                School Policies and practices at--
                            (i) the schools operated by the Bureau of 
                        Indian Affairs; and
                            (ii) church-run Indian boarding schools;
                    (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;
                    (C) the impacts and ongoing effects of the Indian 
                Boarding School Policies;
                    (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
                    (E) church and government records, including 
                records relating to attendance, infirmary, deaths, 
                land, Tribal affiliation, and other correspondence.
            (3) Additional duties.--In carrying out paragraph (1), the 
        Commission shall--
                    (A) work to locate and identify unmarked graves at 
                Indian boarding school sites or off-campus cemeteries;
                    (B) locate, document, analyze, and preserve records 
                from schools described in paragraph (2)(A), including 
                any records held at State and local levels; and
                    (C) provide to, and receive from, the Department of 
                the Interior any information that the Commission 
                determines to be relevant--
                            (i) to the work of the Commission; or
                            (ii) to any investigation of the Indian 
                        Boarding School Policies being conducted by the 
                        Department of the Interior.
            (4) Testimony.--The Commission shall take testimony from--
                    (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
                    (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--
                            (i) religious groups receiving funding, or 
                        working closely with, the Federal Government;
                            (ii) local, State, and territorial school 
                        systems;
                            (iii) any other local, State, or 
                        territorial government body or agency; and
                            (iv) any other private entities; and
                    (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--
                            (i) churches;
                            (ii) the Federal Government;
                            (iii) State and local governments;
                            (iv) individuals; and
                            (v) organizations.
            (5) Reports.--
                    (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--
                            (i) a detailed statement of the findings 
                        and conclusions of the Commission;
                            (ii) the recommendations of the Commission 
                        for such legislation and administrative actions 
                        as the Commission considers appropriate;
                            (iii) the recommendations of the Commission 
                        to provide or increase Federal funding to 
                        adequately fund--
                                    (I) American Indian, Alaska Native, 
                                and Native Hawaiian programs for mental 
                                health and traditional healing 
                                programs;
                                    (II) a nationwide hotline for 
                                survivors, family members, or other 
                                community members affected by the 
                                Indian Boarding School Policies; and
                                    (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
                            (iv) other recommendations of the 
                        Commission to identify--
                                    (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
                                    (II) ongoing and harmful practices 
                                and policies relating to or resulting 
                                from the Indian Boarding School 
                                Policies that continue in public 
                                education systems.
                    (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.
    (i) Powers of Commission.--
            (1) Hearings and evidence.--The Commission may, for the 
        purpose of carrying out this section--
                    (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
                    (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.
            (2) Subpoenas.--
                    (A) In general.--
                            (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.
                            (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.
                            (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.
                    (B) Protection of person subject to a subpoena.--
                            (i) In general.--When issuing a subpoena 
                        under subparagraph (A), the Commission shall--
                                    (I) consider the cultural, 
                                emotional, and psychological well-being 
                                of survivors, family members, and 
                                community members affected by the 
                                Indian Boarding School Policies; and
                                    (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.
                            (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).
                    (C) Failure to obey a subpoena.--
                            (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.
                            (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.
                            (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.
                    (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.
                    (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.
                    (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.
            (3) Additional personnel and services.--
                    (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.
                    (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.
            (4) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other agencies of the Federal Government.
            (5) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property relating to the 
        purpose of the Commission
    (j) Application.--The Commission shall be subject to chapter 10 of 
title 5, United States Code (commonly known as the ``Federal Advisory 
Committee Act'').
    (k) Consultation With Indian Tribes.--In carrying out the duties of 
the Commission under subsection (h), the Commission shall consult with 
Indian Tribes.
    (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).
    (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).
    (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.
                                 <all>