[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2516-S2522]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 323. Ms. WARREN (for herself and Ms. Murkowski) submitted an 
amendment intended to be proposed by her to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

  DIVISION F--TRUTH AND HEALING COMMISSION ON INDIAN BOARDING SCHOOL 
                          POLICIES ACT OF 2023

     SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division 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 
     division is as follows:

  DIVISION F--TRUTH AND HEALING COMMISSION ON INDIAN BOARDING SCHOOL 
                          POLICIES ACT OF 2023

Sec. 6001. Short title; table of contents.
Sec. 6002. Findings.
Sec. 6003. Purposes.
Sec. 6004. Definitions.

                TITLE LXI--COMMISSION AND SUBCOMMITTEES

  Subtitle A--Truth and Healing Commission on Indian Boarding School 
                     Policies in the United States

Sec. 6101. Truth and Healing Commission on Indian Boarding School 
              Policies in the United States.

                  Subtitle B--Duties of the Commission

Sec. 6111. Duties of the Commission.

          Subtitle C--Survivors Truth and Healing Subcommittee

Sec. 6121. Survivors Truth and Healing Subcommittee.

                    TITLE LXII--ADVISORY COMMITTEES

    Subtitle A--Native American Truth and Healing Advisory Committee

Sec. 6201. Native American Truth and Healing Advisory Committee.

        Subtitle B--Federal Truth and Healing Advisory Committee

Sec. 6211. Federal Truth and Healing Advisory Committee.

                    TITLE LXIII--GENERAL PROVISIONS

Sec. 6301. Clarification.
Sec. 6302. Burial management.
Sec. 6303. Co-stewardship agreements.
Sec. 6304. No right of action.

     SEC. 6002. 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. 6003. PURPOSES.

       The purposes of this division 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. 6004. DEFINITIONS.

       In this division:
       (1) Commission.--The term ``Commission'' means the Truth 
     and Healing Commission on Indian Boarding School Policies in 
     the United States established by section 6101(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 6211(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).

[[Page S2517]]

       (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 6201(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 6121(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 LXI--COMMISSION AND SUBCOMMITTEES

  Subtitle A--Truth and Healing Commission on Indian Boarding School 
                     Policies in the United States

     SEC. 6101. 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 6111(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 
     6121(b)(1); and
       (ii) the Native American Truth and Healing Advisory 
     Committee under section 6201(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 
     6121(c)(1)(D), section 6201(e)(1)(C), and section 
     6211(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 division, including convening meetings, including 
     business

[[Page S2518]]

     meetings or public or private meetings to receive testimony 
     in furtherance of the duties of the Commission and the 
     purposes of this division.
       (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 division--
       (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 division;
       (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 division, 
     including--
       (i) securing, directly from a Federal agency, such 
     information as the Commission considers necessary to 
     accomplish the purposes of this division; 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 division;
       (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 division;
       (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 
     division; 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 division.
       (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 division.
       (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 division.
       (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 
     division.
       (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 division.
       (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 
     division.
       (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 6111(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 6111.
       (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

[[Page S2519]]

     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 6111, 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 
     division $15,000,000 for each fiscal year, to remain 
     available until expended.

                  Subtitle B--Duties of the Commission

     SEC. 6111. 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 division 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 division.
       (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 6101(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 division;
       (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 6101(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.--

[[Page S2520]]

       (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. 6121. 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 6101(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 
     6101(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 
     6101(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 6111(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 6101(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 6101(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 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--
       (1) providing advice to the Commission on developing 
     criteria and protocols for convenings;
       (2) providing advice and evaluating Committee 
     recommendations relating to the commemoration and public 
     education relating to Indian Boarding Schools and Indian 
     Boarding School Policies; and
       (3) providing such other advice as may be required by 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 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

[[Page S2521]]

     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 division, 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 division.
       (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 LXII--ADVISORY COMMITTEES

    Subtitle A--Native American Truth and Healing Advisory Committee

     SEC. 6201. 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 6101(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 6101(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 
     6101(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 6111(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 6101(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 6101(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 6111(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 6003.
       (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

[[Page S2522]]

     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 division, 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 
     division.
       (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. 6211. 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 Executive Director 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 
     6111(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 6101(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 6101(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 
     division;
       (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 LXIII--GENERAL PROVISIONS

     SEC. 6301. 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. 6302. BURIAL MANAGEMENT.

       A Federal agency that carries out activities pursuant to 
     this division 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. 6303. CO-STEWARDSHIP AGREEMENTS.

       A Federal agency that carries out activities pursuant to 
     this division 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. 6304. NO RIGHT OF ACTION.

       Nothing in this division creates a private right of action 
     to seek administrative or judicial relief.
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