[Congressional Record Volume 170, Number 190 (Friday, December 20, 2024)]
[Senate]
[Pages S7254-S7267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRUTH AND HEALING COMMISSION ON INDIAN BOARDING SCHOOL POLICIES ACT
Mr. SCHATZ. Mr. President, earlier this week, I spoke about the
historic accomplishments of the Senate Committee on Indian Affairs with
my good friend and vice chair Lisa Murkowski over the last 4 years.
I made it very clear that the foundation of this success--and
continues to be--Native leaders, communities, and advocates sharing
their priorities and telling us what is most important to them.
I also emphasized that we cannot and will not rest on our laurels
because our progress is still in progress.
That is why, today, we have to pass S. 1723, the Truth and Healing
Commission on Indian Boarding School Policies Act.
This bill would establish a Federal commission to investigate the
Federal Indian boarding school era, when the Federal Government
partnered with religious institutions in an attempt to assimilate
Native children at so-called schools, often far from their homes and
families, where they were stripped of their cultures, languages, and
identities and beaten and abused, both mentally and physically.
Thousands--likely more--died at those schools, and those who returned
home were never the same.
The Truth and Healing Commission would turn the page on this shameful
era and help begin the healing process for Native survivors,
descendants, and communities and those who continue to experience the
generational trauma and lasting legacy of these policies today.
S. 1723 passed out of the committee after extensive bipartisan
debate. Since then, Vice Chair Murkowski and I have worked with the
bill's sponsor, Senator Warren, the Native American Boarding School
Coalition, and other advocates to refine the bill and to accommodate
feedback. The current version of this legislation is the result of
hundreds of hours--hundreds of hours--of drafting, redrafting,
discussion, and tough negotiations.
I will now turn it over to the vice chair for some remarks before I
make a unanimous consent request.
The PRESIDING OFFICER. The Senator from Alaska.
Ms. MURKOWSKI. Mr. President, I want to thank and acknowledge Senator
Schatz, as well as his team on the Indian Affairs Committee, for their
work as we have sought to advance S. 1723, the Truth and Healing
Commission on Indian Boarding School Policies Act.
I also want to acknowledge Senator Warren for her help on this and,
of course, the Native American Boarding School Coalition and so many of
the advocates that really, really have helped us advance this.
As the chairman of the committee has noted, we have worked this
legislation over a long period of time, and it is a priority for us in
the committee because, for too long--for far too long--this dark legacy
of the Indian boarding school era has just kind of sat in the corner,
unrecognized and unacknowledged.
From 1819 to 1969, the U.S. Government forcibly removed Native
children from their families and Tribes and placed them in boarding
schools. These Indian boarding schools, as they came
[[Page S7255]]
to be called, were not just education institutions, but, oftentimes,
they were viewed as tools to eradicate Native cultures, languages, and
traditions to ``civilize'' Native American children--again, a very dark
era within our government.
So what we seek to do with this bill is to create a commission to
bring light to the generational trauma caused by this time of Indian
boarding schools. By allowing people's stories to be heard, we can help
honor the experience of victims and their families, facilitate healing,
and foster greater understanding and empathy among all people.
I think this is a good step and an important step in helping the
survivors of Indian boarding schools and the families and communities
that were impacted, to help them find healing. We have heard stories--I
have heard stories--of many in my State who attended boarding schools,
some in the State of Alaska, some outside the State of Alaska, in the
listening sessions that Secretary Haaland led, as Secretary of the
Interior, on this very important issue. Again, these are stories that
must be recognized. And, again, I thank those who have shared them
because, at many times, they were very painful, uncovering scars from
the past. But how we can offer ways to pursue healing is what this
commission is all about.
Again, my thanks to Chairman Schatz for being such a great partner on
this legislation, as well as on so many other matters that we have been
able to advance successfully through the committee. And my thanks to
the chairman's team and to mine, as the ranking member on the
committee. We have done good work. It has been a successful year for
the committee.
I am hoping--hoping--that there is a path somehow and that this
legislation will actually be able to be taken up by the House of
Representatives and signed into law. That would be a good and a fitting
ending.
The PRESIDING OFFICER. The Senator from Hawaii.
Mr. SCHATZ. Mr. President, as if in legislative session and
notwithstanding rule XXII, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 432, S. 1723.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 1723) to establish the Truth and Healing
Commission on Indian Boarding School Policies in the United
States, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Indian Affairs with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Truth and
Healing Commission on Indian Boarding School Policies Act of
2023''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
TITLE I--COMMISSION AND SUBCOMMITTEES
Subtitle A--Truth and Healing Commission on Indian Boarding School
Policies in the United States
Sec. 101. Truth and Healing Commission on Indian Boarding School
Policies in the United States.
Subtitle B--Duties of the Commission
Sec. 111. Duties of the Commission.
Subtitle C--Survivors Truth and Healing Subcommittee
Sec. 121. Survivors Truth and Healing Subcommittee.
TITLE II--ADVISORY COMMITTEES
Subtitle A--Native American Truth and Healing Advisory Committee
Sec. 201. Native American Truth and Healing Advisory Committee.
Subtitle B--Federal Truth and Healing Advisory Committee
Sec. 211. Federal Truth and Healing Advisory Committee.
TITLE III--GENERAL PROVISIONS
Sec. 301. Clarification.
Sec. 302. Burial management.
Sec. 303. Co-stewardship agreements.
Sec. 304. No right of action.
SEC. 2. FINDINGS.
Congress finds that--
(1) attempts to destroy Native American cultures,
religions, and languages through assimilationist practices
and policies can be traced to the early 17th century and the
founding charters of some of the oldest educational
institutions in the United States;
(2) in June 2021, and in light of the long history of the
assimilationist policies and practices referred to in
paragraph (1) and calls for reform from Native peoples, the
Secretary of the Interior directed the Department of the
Interior to investigate the role of the Federal Government in
supporting those policies and practices and the
intergenerational impacts of those policies and practices;
(3) in May 2022, the Department of the Interior published
volume 1 of a report entitled ``Federal Indian Boarding
School Initiative Investigative Report'' (referred to in this
section as the ``Report''), which found that--
(A) as early as 1819, and until 1969, the Federal
Government directly or indirectly supported approximately 408
Indian Boarding Schools across 37 States;
(B) American Indian, Alaska Native, and Native Hawaiian
children, as young as 3 years old, were forcibly removed from
their homes and sent to Indian Boarding Schools located
throughout the United States;
(C) Indian Boarding Schools used systematic, violent, and
militarized identity-altering methods, such as physical,
sexual, and psychological abuse and neglect, to attempt to
forcibly assimilate Native children and strip them of their
languages, cultures, and social connections;
(D) the violent methods referred to in subparagraph (C)
were carried out for the purpose of--
(i) destroying the cultures, languages, and religions of
Native peoples; and
(ii) dispossessing Native peoples of their ancestral lands;
(E) many of the children who were taken to Indian Boarding
Schools did not survive, and of those who did survive, many
never returned to their parents, extended families, or
communities;
(F) many of the children who were taken to Indian Boarding
Schools and did not survive were interred in cemeteries and
unmarked graves; and
(G) American Indian, Alaska Native, and Native Hawaiian
communities continue to experience intergenerational trauma
and cultural and familial disruption from experiences rooted
in Indian Boarding Schools Policies, which divided family
structures, damaged cultures and individual identities, and
inflicted chronic physical and psychological ramifications on
American Indian, Alaska Native, and Native Hawaiian children,
families, and communities;
(4) the ethos and rationale for Indian Boarding Schools is
infamously expressed in the following quote from the founder
of the Carlisle Indian Industrial School, Richard Henry
Pratt: ``Kill the Indian in him, and save the man.'';
(5) the children who perished at Indian Boarding Schools or
in neighboring hospitals and other institutions were buried
in on-campus and off-campus cemeteries and unmarked graves;
(6) parents of children who were forcibly removed from or
coerced into leaving their homes and placed in Indian
Boarding Schools were prohibited from visiting or engaging in
correspondence with their children;
(7) parental resistance to compliance with the harsh, no-
contact policy of Indian Boarding Schools resulted in parents
being incarcerated or losing access to basic human rights,
food rations, and clothing; and
(8) the Federal Government has a responsibility to fully
investigate its role in, and the lasting effects of, Indian
Boarding School Policies.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to establish a Truth and Healing Commission on Indian
Boarding School Policies in the United States, including
other necessary advisory committees and subcommittees;
(2) to formally investigate, document, and report on the
histories of Indian Boarding Schools, Indian Boarding School
Polices, and the systematic and long-term effects of those
schools and policies on Native American peoples;
(3) to develop recommendations for Federal action based on
the findings of the Commission; and
(4) to promote healing for survivors of Indian Boarding
Schools, the descendants of those survivors, and the
communities of those survivors.
SEC. 4. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Truth
and Healing Commission on Indian Boarding School Policies in
the United States established by section 101(a).
(2) Federal truth and healing advisory committee.--The term
``Federal Truth and Healing Advisory Committee'' means the
Federal Truth and Healing Advisory Committee established by
section 211(a).
(3) Indian.--The term ``Indian'' has the meaning given the
term in section 6151 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7491).
(4) Indian boarding school.--The term ``Indian Boarding
School'' means--
(A) a site of an institution that--
(i) provided on-site housing or overnight lodging;
(ii) was described in Federal records as providing formal
academic or vocational training and instruction to American
Indians, Alaska Natives, or Native Hawaiians;
(iii) received Federal funds or other Federal support; and
(iv) was operational before 1969;
(B) a site of an institution identified by the Department
of the Interior in appendices A and B of the report entitled
``Federal Indian Boarding School Initiative Investigative
Report'' and dated May 2022 (or a successor report); or
(C) any other institution that implemented Indian Boarding
School Policies, including an Indian day school.
[[Page S7256]]
(5) Indian boarding school policies.--The term ``Indian
Boarding School Policies'' means Federal laws, policies, and
practices purported to ``assimilate'' and ``civilize''
American Indians, Alaska Natives, and Native Hawaiians that
included psychological, physical, sexual, and mental abuse,
forced removal from home or community, and identity-altering
practices intended to terminate Native languages, cultures,
religions, social organizations, or connections to
traditional land.
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(7) Native american.--The term ``Native American'' means an
individual who is--
(A) an Indian; or
(B) a Native Hawaiian.
(8) Native american truth and healing advisory committee.--
The term ``Native American Truth and Healing Advisory
Committee'' means the Native American Truth and Healing
Advisory Committee established by the Commission under
section 201(a).
(9) Native hawaiian.--The term ``Native Hawaiian'' has the
meaning given the term in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517).
(10) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means a private nonprofit
organization that--
(A) serves and represents the interests of Native
Hawaiians;
(B) has as its primary and stated purpose the provision of
services to Native Hawaiians;
(C) has Native Hawaiians serving in substantive and
policymaking positions; and
(D) is recognized for having expertise in Native Hawaiian
affairs.
(11) Office of hawaiian affairs.--The term ``Office of
Hawaiian Affairs'' has the meaning given the term in section
6207 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7517).
(12) Survivors truth and healing subcommittee.--The term
``Survivors Truth and Healing Subcommittee'' means the
Survivors Truth and Healing Subcommittee established by
section 121(a).
(13) Trauma-informed care.--The term ``trauma-informed
care'' means holistic psychological and health care practices
that include promoting culturally responsive practices,
patient psychological, physical, and emotional safety, and
environments of healing, trust, peer support, and recovery.
(14) Tribal organization.--The term ``Tribal organization''
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
TITLE I--COMMISSION AND SUBCOMMITTEES
Subtitle A--Truth and Healing Commission on Indian Boarding School
Policies in the United States
SEC. 101. TRUTH AND HEALING COMMISSION ON INDIAN BOARDING
SCHOOL POLICIES IN THE UNITED STATES.
(a) Establishment.--There is established a commission, to
be known as the ``Truth and Healing Commission on Indian
Boarding School Policies in the United States''.
(b) Membership.--
(1) Membership.--
(A) In general.--The Commission shall include 5 members, to
be jointly appointed by the majority and minority leaders of
the Senate, in consultation with the Chairperson and Vice
Chairperson of the Committee on Indian Affairs of the Senate,
the Speaker of the House of Representatives, the minority
leader of the House of Representatives, and the Chair and
Ranking Member of the Committee on Natural Resources of the
House of Representatives, from among the nominees submitted
under paragraph (2)(A), of whom--
(i) 1 shall be an individual with extensive experience and
expertise as a principal investigator overseeing or leading
complex research initiatives with and for Indian Tribes and
Native Americans;
(ii) 1 shall be an individual (barred in good standing)
with extensive experience and expertise in the area of
indigenous human rights law and policy, including overseeing
or leading broad-scale investigations of abuses of indigenous
human rights;
(iii) 1 shall be an individual with extensive experience
and expertise in Tribal court judicial and restorative
justice systems and Federal agencies, such as participation
as a Tribal judge, researcher, or former presidentially
appointed commissioner;
(iv) 1 shall be an individual with extensive experience and
expertise in providing and coordinating trauma-informed care
and other health-related services to Indian Tribes and Native
Americans; and
(v) 1 shall be a Native American individual recognized as a
traditional cultural authority by their respective Native
community.
(B) Additional requirements for membership.--In addition to
the requirements described in subparagraph (A), members of
the Commission shall be persons of recognized integrity and
empathy, with a demonstrated commitment to the values of
truth, reconciliation, healing, and expertise in truth and
healing endeavors that are traditionally and culturally
appropriate so as to provide balanced points of view and
expertise with respect to the duties of the Commission.
(2) Nominations.--
(A) In general.--Indian Tribes, Tribal organizations,
Native Americans, the Office of Hawaiian Affairs, and Native
Hawaiian organizations may submit to the Secretary of the
Interior nominations for individuals to be appointed to the
Commission not later than 90 days after the date of enactment
of this Act.
(B) Native american preference.--Individuals nominated
under subparagraph (A) who are Native American shall receive
a preference in the selection process for appointment to the
Commission under paragraph (1).
(C) Submission to congress.--Not later than 7 days after
the submission deadline for nominations described in
subparagraph (A), the Secretary of the Interior shall submit
to Congress a list of the individuals nominated under that
subparagraph.
(3) Date.--Members of the Commission under paragraph (1)
shall be appointed not later than 180 days after the date of
enactment of this Act.
(4) Period of appointment; vacancies; removal.--
(A) Period of appointment.--A member of the Commission
shall be appointed for a term that is the shorter of--
(i) 6 years; and
(ii) the life of the Commission.
(B) Vacancies.--After all initial members of the Commission
are appointed and the initial business meeting of the
Commission has been convened under subsection (c)(1), a
single vacancy in the Commission--
(i) shall not affect the powers of the Commission; and
(ii) shall be filled within 90 days in the same manner as
was the original appointment.
(C) Removal.--A quorum of members of the Commission may
remove a member of the Commission only for neglect of duty or
malfeasance.
(5) Termination.--The Commission shall terminate 30 days
after the date on which the Commission completes its duties
under section 111(e)(5)(B).
(6) Limitation.--No member of the Commission shall be an
officer or employee of the Federal Government.
(c) Business Meetings.--
(1) Initial business meeting.--90 days after the date on
which all of the members of the Commission are appointed
under subsection (b)(1)(A), the Commission shall hold the
initial business meeting of the Commission--
(A) to appoint a Chairperson, a Vice Chairperson, a
Secretary, and such other positions as determined necessary
by the Commission;
(B) to establish rules for meetings of the Commission; and
(C) to appoint members of--
(i) the Survivors Truth and Healing Subcommittee under
section 121(b)(1); and
(ii) the Native American Truth and Healing Advisory
Committee under section 201(b)(1).
(2) Subsequent business meetings.--After the initial
business meeting of the Commission is held under paragraph
(1), the Commission shall meet at the call of the
Chairperson.
(3) Advisory and subcommittee committees designees.--Each
Commission business meeting shall include participation by 2
non-voting designees from each of the Survivors Truth and
Healing Subcommittee, the Native American Truth and Healing
Advisory Committee, and the Federal Truth and Healing
Advisory Committee, as appointed in accordance with section
121(c)(1)(D), section 201(e)(1)(C), and section 211(c)(1)(C),
as applicable.
(4) Format of meetings.--A business meeting of the
Commission may be conducted in-person, virtually, or via
phone.
(5) Quorum required.--A business meeting of the Commission
may only be held once a quorum, established in accordance
with subsection (d), is present.
(d) Quorum.--A simple majority of the members of the
Commission present shall constitute a quorum for a business
meeting.
(e) Rules.--The Commission may establish, by a majority
vote, any rules for the conduct of Commission business, in
accordance with this section and other applicable law.
(f) Commission Personnel Matters.--
(1) Compensation of commissioners.--A member of the
Commission shall be compensated at a daily equivalent of the
annual rate of basic pay prescribed for grade 14 of the
General Schedule under section 5332 of title 5, United States
Code, for each day, not to exceed 14 days per month, for
which a member is engaged in the performance of their duties
under this Act, including convening meetings, including
business meetings or public or private meetings to receive
testimony in furtherance of the duties of the Commission and
the purposes of this Act.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate
Federal agency and at the request of the Commission, may be
detailed to the Commission without--
(A) reimbursement to the agency of that employee; and
(B) interruption or loss of civil service status, benefits,
or privileges.
(g) Powers of Commission.--
(1) Hearings and evidence.--The Commission may, for the
purpose of carrying out this Act--
(A) hold such hearings and sit and act at such times and
places, take such testimony, and receive such evidence,
virtually or in-person, as the Commission may determine
necessary to accomplish the purposes of this Act;
(B) conduct or request such interdisciplinary research,
investigation, or analysis of such information and documents,
records, or other evidence as the Commission may determine
necessary to accomplish the purposes of this Act, including--
(i) securing, directly from a Federal agency, such
information as the Commission considers necessary to
accomplish the purposes of this Act; and
[[Page S7257]]
(ii) requesting the head of any relevant Tribal or State
agency to provide to the Commission such information as the
Commission considers necessary to accomplish the purposes of
this Act;
(C) subject to paragraphs (1) and (2) of subsection (i),
require, by subpoena or otherwise, the production of such
records, papers, correspondence, memoranda, documents, books,
videos, oral histories, recordings, or any other paper or
electronic material, as the Commission may determine
necessary to accomplish the purposes of this Act;
(D) oversee, direct, and collaborate with the Federal Truth
and Healing Advisory Committee, the Native American Truth and
Healing Advisory Committee, and the Survivors Truth and
Healing Subcommittee to accomplish the purposes of this Act;
and
(E) coordinate with Federal and non-Federal entities to
preserve and archive, as appropriate, any gifts, documents,
or other property received while carrying out the purposes of
this Act.
(2) Contracting; volunteer services.--
(A) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriations Acts, and in
accordance with applicable law, enter into contracts and
other agreements with public agencies, private organizations,
and individuals to enable the Commission to carry out the
duties of the Commission under this Act.
(B) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission
may accept and use such voluntary and uncompensated services
as the Commission determines to be necessary.
(C) General services administration.--The Administrator of
General Services shall provide, on request of the Commission,
on a reimbursable basis, administrative support and other
services for the performance of the functions of the
Commission under this Act.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(4) Gifts, fundraising, and disbursement.--
(A) Gifts and donations.--
(i) In general.--The Commission may accept, use, and
dispose of any gift, donation, service, property, or other
record or recording to accomplish the purposes of this Act.
(ii) Return of gifts and donations.--On termination of the
Commission under subsection (b)(5), any gifts, unspent
donations, property, or other record or recording accepted by
the Commission under clause (i) shall be--
(I) returned to the applicable donor that made the donation
under that clause; or
(II) archived under subparagraph (E).
(B) Fundraising.--The Commission may, on the affirmative
vote of \3/5\ of the members of the Commission, solicit funds
to accomplish the purposes of this Act.
(C) Disbursement.--The Commission may, on the affirmative
vote of \3/5\ of the members of the Commission, approve the
expenditure of funds to accomplish the purposes of this Act.
(D) Tax documents.--The Commission (or a designee) shall,
on request of a donor under subparagraph (A) or (B), provide
tax documentation to that donor for any tax-deductible gift
made by that donor under those subparagraphs.
(E) Archiving.--The Commission shall coordinate with the
Library of Congress and the National Museum of the American
Indian to archive and preserve relevant gifts or donations
received under subparagraph (A) or (B).
(h) Convening.--
(1) Convening protocol.--
(A) In general.--Not later than 45 days after the initial
business meeting of the Native American Truth and Healing
Advisory Committee, the Commission, 3 designees from the
Native American Truth and Healing Advisory Committee, and 3
designees from the Survivors Truth and Healing Subcommittee
shall hold a meeting to establish rules, protocols, and
formats for convenings carried out under this subsection.
(B) Rules and protocols.--Not later than 45 days after the
initial meeting described in subparagraph (A), the Commission
shall finalize rules, protocols, and formats for convenings
carried out under this subsection by a \3/5\ majority in
attendance at a meeting of the Commission.
(C) Additional meetings.--The Commission and designees
described in subparagraph (A) may hold additional meetings,
as necessary, to amend, by a \3/5\ majority in attendance at
a meeting of the Commission, the rules, protocols, and
formats for convenings established under that subparagraph.
(2) Announcement of convenings.--Not later than 30 days
before the date of a convening under this subsection, the
Commission shall announce the location and details of the
convening.
(3) Minimum number of convenings.--The Commission shall
hold--
(A) not fewer than 1 convening in each of the 12 regions of
the Bureau of Indian Affairs and Hawai`i during the life of
the Commission; and
(B) beginning 1 year after the date of enactment of this
Act, not fewer than 1 convening per quarter to receive
testimony each calendar year until the date on which the
Commission submits the final report of the Commission under
section 111(e)(3).
(4) Opportunity to provide testimony.--No person or entity
shall be denied the opportunity to provide relevant testimony
at a convenings held under this subsection, subject to the
discretion of the Chairperson of the Commission (or a
designee).
(i) Subpoenas.--
(1) In general.--
(A) Issuance of subpoenas.--
(i) In general.--If a person fails to supply information
requested by the Commission, the Commission may issue, on a
unanimous vote of the Commission, a subpoena requiring from a
person the production of any written or recorded evidence
necessary to carry out the duties of the Commission under
section 111.
(ii) Notification.--
(I) In general.--Not later than 10 days before the date on
which the Commission issues a subpoena under clause (i), the
Commission shall submit to the Attorney General a
confidential, written notice of the intent to issue the
subpoena.
(II) Subpoena prohibited by attorney general.--
(aa) In general.--The Attorney General, on receiving a
notice under subclause (I), may, on a showing of a procedural
or substantive defect, and after the Commission has a
reasonable opportunity to cure, prohibit the issuance of the
applicable subpoena described in that notice.
(bb) Notification to congress.--On prohibition of the
issuance of a subpoena under item (aa), the Attorney General
shall submit to Congress a report detailing the reasons for
that prohibition.
(B) Production of evidence.--The production of evidence may
be required from any place within the United States.
(2) Failure to obey a subpoena.--
(A) Order from a district court of the united states.--If a
person does not obey a subpoena issued under paragraph (1),
the Commission is authorized to apply to a district court of
the United States described in subparagraph (B) for an order
requiring that person to comply with the subpoena.
(B) Location.--An application under subparagraph (A) may be
made within the judicial district where the person described
in that subparagraph resides or transacts business.
(C) Penalty.--Any failure to obey an order of a court
described in subparagraph (A) may be punished by the court as
a civil contempt.
(3) Subject matter jurisdiction.--The district court of the
United States in which an action is brought under paragraph
(2)(B) shall have original jurisdiction over any civil action
brought by the Commission to enforce, secure a declaratory
judgment concerning the validity of, or prevent a threatened
refusal or failure to comply with the applicable subpoena
issued by the Commission.
(4) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued
by a district court of the United States under the Federal
Rules of Civil Procedure.
(5) Service of process.--All process of any court to which
an application is made under paragraph (2) may be served in
the judicial district in which the person required to be
served resides or transacts business.
(j) Nondisclosure.--
(1) Privacy act of 1974 applicability.--Subsection (b) of
section 552a of title 5, United States Code (commonly known
as the ``Privacy Act of 1974''), shall not apply to the
Commission.
(2) Freedom of information act applicability.--Records and
other communications provided to, from, between, or within
the Commission, the Federal Truth and Healing Advisory
Committee, the Native American Truth and Healing Advisory
Committee, the Survivors Truth and Healing Subcommittee, and
related agencies shall be exempt from disclosure under
subsection (b)(3)(B) of section 552 of title 5, United States
Code (commonly known as the ``Freedom of Information Act'').
(3) Federal advisory committee act applicability.--Chapter
10 of title 5, United States Code (commonly known as the
``Federal Advisory Committee Act''), shall not apply to the
Commission.
(k) Consultation or Engagement With Native Americans,
Indian Tribes, Tribal Organizations, the Office of Hawaiian
Affairs, and Native Hawaiian Organizations.--In carrying out
the duties of the Commission under section 111, the
Commission shall meaningfully consult or engage, as
appropriate, in a timely manner with Native Americans, Indian
Tribes, Tribal organizations, the Office of Hawaiian Affairs,
and Native Hawaiian organizations.
(l) Authorization of Appropriations.--There is authorized
to be appropriated to the Commission to carry out this Act
$15,000,000 for each fiscal year, to remain available until
expended.
Subtitle B--Duties of the Commission
SEC. 111. DUTIES OF THE COMMISSION.
(a) Investigation.--
(1) In general.--The Commission shall conduct a
comprehensive interdisciplinary investigation of Indian
Boarding School Policies, including the social, cultural,
economic, emotional, and physical effects of Indian Boarding
School Policies in the United States on Native American
communities, Indian Tribes, survivors of Indian Boarding
Schools, families of those survivors, and their descendants.
(2) Matters to be investigated.--The matters to be
investigated by the Commission under paragraph (1) shall
include, at a minimum--
(A) conducting a comprehensive review of existing research
and historical records of Indian Boarding School Policies and
any documentation, scholarship, or other resources relevant
to the purposes of this Act from--
(i) any archive or any other document storage location,
notwithstanding the location of that archive or document
storage location; and
(ii) any research conducted by private individuals, private
entities, and non-Federal Government entities, whether
domestic or foreign, including religious institutions;
(B) collaborating with the Federal Truth and Healing
Advisory Committee to obtain all relevant information from--
(i) the Department of the Interior, the Department of
Health and Human Services, other relevant Federal agencies,
and institutions or organizations, including religious
institutions or
[[Page S7258]]
organizations, that operated an Indian Boarding School,
carried out Indian Boarding School Policies, or have
information the Commission determines relevant to the
investigation of the Commission; and
(ii) Indian Tribes, Tribal organizations, Native Americans,
the Office of Hawaiian Affairs, and Native Hawaiian
organizations; and
(C) conducting a comprehensive assessment of the impacts of
Indian Boarding School Policies on American Indian, Alaska
Native, and Native Hawaiian cultures, traditions, and
languages.
(3) Research related to objects, artifacts, and real
property.--If the Commission conducts a comprehensive review
of research described in paragraph (2)(A)(ii) that focuses on
objects, artifacts, or real or personal property that are in
the possession or control of private individuals, private
entities, or non-Federal government entities within the
United States, the Commission may enter into a contract or
agreement to acquire, hold, curate, or maintain those
objects, artifacts, or real or personal property until the
objects, artifacts, or real or personal property can be
properly repatriated or returned, consistent with applicable
Federal law and regulations, subject to the condition that no
Federal funds may be used to purchase those objects,
artifacts, or real or personal property.
(b) Meetings and Convenings.--
(1) In general.--The Commission shall hold, with the advice
of the Native American Truth and Healing Advisory Committee
and the Survivors Truth and Healing Subcommittee, and in
coordination with, as relevant, Indian Tribes, Tribal
organizations, the Office of Hawaiian Affairs, and Native
Hawaiian organizations, as part of its investigation under
subsection (a), safe, trauma-informed, and culturally
appropriate public or private meetings or convenings to
receive testimony relating to that investigation.
(2) Requirements.--The Commission shall ensure that
meetings and convenings held under paragraph (1) provide
access to adequate trauma-informed care services for
participants, attendees, and communities during and following
the meetings and convenings where the Commission receives
testimony, including ensuring private space is available for
survivors and descendants of survivors, family members, and
other community members to receive trauma-informed care
services.
(c) Recommendations.--
(1) In general.--The Commission shall make recommendations
to Congress relating to the investigation carried out under
subsection (a), which shall be included in the final report
required under subsection (e)(3).
(2) Inclusions.--Recommendations made under paragraph (1)
shall include, at a minimum, recommendations relating to--
(A) in light of Tribal and Native Hawaiian law, Tribal
customary law, tradition, custom, and practice, how the
Federal Government can meaningfully acknowledge the role of
the Federal Government in supporting Indian Boarding School
Policies in all issue areas that the Commission determines
relevant, including appropriate forms of memorialization,
preservation of records, objects, artifacts, and burials;
(B) how modification of existing laws, procedures,
regulations, policies, budgets, and practices will, in the
determination of the Commission, address the findings of the
Commission and ongoing effects of Indian Boarding School
Policies; and
(C) how the Federal Government can promote public awareness
and education of Indian Boarding School Policies and the
impacts of those policies, including through coordinating
with the Native American Truth and Healing Advisory
Committee, the Survivors Truth and Healing Subcommittee, the
National Museum of the American Indian, and other relevant
institutions and organizations.
(d) Duties Related to Burials.--The Commission shall, with
respect to burial sites associated with Indian Boarding
Schools--
(1) coordinate, as appropriate, with the Native American
Truth and Healing Advisory Committee, the Federal Truth and
Healing Advisory Committee, the Survivors Truth and Healing
Subcommittee, lineal descendants, Indian Tribes, the Office
of Hawaiian Affairs, Federal agencies, institutions, and
organizations to locate and identify, in a culturally
appropriate manner, marked and unmarked burial sites,
including cemeteries, unmarked graves, and mass burial sites,
where students of Indian Boarding Schools were originally or
later interred;
(2) locate, document, analyze, and coordinate the
preservation or continued preservation of records and
information relating to the interment of students, including
any records held by Federal, State, international, or local
entities or religious institutions or organizations; and
(3) share, to the extent practicable, with affected lineal
descendants, Indian Tribes, and the Office of Hawaiian
Affairs burial locations and the identities of children that
attended Indian Boarding Schools.
(e) Reports.--
(1) Annual reports to congress.--Not less frequently than
annually each year until the year before the year in which
the Commission submits the final report under paragraph (3),
the Commission shall submit to the Committee on Indian
Affairs of the Senate and the Committee on Natural Resources
of the House of Representatives a report that describes the
activities of the Committee during the previous year,
including an accounting of funds and gifts received and
expenditures made, the progress made, and any barriers
encountered in carrying out this Act.
(2) Commission initial report.--Not later than 4 years
after the date on which a majority of the members of the
Commission are appointed under section 101(b)(1), the
Commission shall submit to the individuals described in
paragraph (4), and make publicly available, an initial report
containing--
(A) a detailed review of existing research, including
documentation, scholarship, or other resources shared with
the Commission that further the purposes of this Act;
(B) a detailed statement of the initial findings and
conclusions of the Commission; and
(C) a detailed statement of the initial recommendations of
the Commission.
(3) Commission final report.--Not later than 6 years after
the date on which a majority of the members of the Commission
are appointed under section 101(b)(1), the Commission shall
submit to the individuals described in paragraph (4), and
make publicly available, a final report containing the
findings, conclusions, and recommendations of the Commission
that have been agreed on by the vote of a majority of the
members of the Commission and \3/5\ of the members of each of
the Native American Truth and Healing Advisory Committee and
the Survivors Truth and Healing Subcommittee.
(4) Report recipients.--The individuals referred to in
paragraphs (2) and (3) are--
(A) the President;
(B) the Secretary of the Interior;
(C) the Attorney General;
(D) the Comptroller General of the United States;
(E) the Secretary of Education;
(F) the Secretary of Health and Human Services;
(G) the Secretary of Defense;
(H) the Chairperson and Vice Chairperson of the Committee
on Indian Affairs of the Senate;
(I) the Chairperson and Ranking Member of the Committee on
Natural Resources of the House of Representatives;
(J) the Chair and Co-Chair of the Congressional Native
American Caucus;
(K) the Executive Director of the White House Council on
Native American Affairs;
(L) the Director of the Office of Management and Budget;
(M) the Archivist of the United States;
(N) the Librarian of Congress; and
(O) the Director of the National Museum of the American
Indian.
(5) Additional commission responsibilities relating to the
publication of the initial and final reports.--
(A) Events relating to initial report.--
(i) In general.--The Commission shall hold not fewer than 2
events in each region of the Bureau of Indian Affairs and
Hawai`i following publication of the initial report under
paragraph (2) to receive comments on the initial report.
(ii) Timing.--The schedule of events referred to in clause
(i) shall be announced not later than 90 days after the date
on which the initial report under paragraph (2) is published.
(B) Publication of final report.--Not later than 180 days
after the date on which the Commission submits the final
report under paragraph (3), the Commission, the Secretary of
the Interior, the Secretary of Education, the Secretary of
Defense, and the Secretary of Health and Human Services shall
each make the final report publicly available on the website
of the applicable agency.
(6) Secretarial response to final report.--Not later than
120 days after the date on which the Secretary of the
Interior, the Secretary of Education, the Secretary of
Defense, and the Secretary of Health and Human Services
receive the final report under paragraph (3), the Secretaries
shall each make publicly available a written response to
recommendations for future action by those agencies, if any,
contained in the final report, and submit the written
response to--
(A) the President;
(B) the Committee on Indian Affairs of the Senate;
(C) the Committee on Natural Resources of the House of
Representatives; and
(D) the Comptroller General of the United States.
Subtitle C--Survivors Truth and Healing Subcommittee
SEC. 121. SURVIVORS TRUTH AND HEALING SUBCOMMITTEE.
(a) Establishment.--There is established a subcommittee of
the Commission, to be known as the ``Survivors Truth and
Healing Subcommittee''.
(b) Membership, Nomination, and Appointment to the
Survivors Truth and Healing Subcommittee.--
(1) Membership.--The Survivors Truth and Healing
Subcommittee shall include 15 members, to be appointed by the
Commission, in consultation with the National Native American
Boarding School Healing Coalition, from among the nominees
submitted under paragraph (2)(A), of whom--
(A) 13 shall be representatives from each of the 12 regions
of the Bureau of Indian Affairs and Hawai`i;
(B) 9 shall be individuals who attended an Indian Boarding
School, of whom--
(i) not fewer than 2 shall be individuals who graduated
during the 5-year period preceding the date of enactment of
this Act from--
(I) an Indian Boarding School in operation as of that date
of enactment; or
(II) a Bureau of Indian Education-funded school; and
(ii) all shall represent diverse regions of the United
States;
(C) 5 shall be descendants of individuals who attended
Indian Boarding Schools, who shall represent diverse regions
of the United States; and
(D) 1 shall be an educator who, as of the date of the
appointment--
(i) is employed at an Indian Boarding School; or
(ii) was employed at an Indian Boarding School during the
5-year period preceding the date of enactment of this Act.
[[Page S7259]]
(2) Nominations.--
(A) In general.--Indian Tribes, Tribal organizations,
Native Americans, the Office of Hawaiian Affairs, and Native
Hawaiian organizations may submit to the Secretary of the
Interior nominations for individuals to be appointed to the
Survivors Truth and Healing Subcommittee not later than 90
days after the date of enactment of this Act.
(B) Submission.--The Secretary of the Interior shall
provide the Commission with nominations submitted under
subparagraph (A) at the initial business meeting of the
Commission under section 101(c)(1) and the Commission shall
select the members of the Survivors Truth and Healing
Subcommittee from among those nominees.
(3) Date.--
(A) In general.--The Commission shall appoint all members
of the Survivors Truth and Healing Subcommittee during the
initial business meeting of the Commission under section
101(c)(1).
(B) Failure to appoint.--If the Commission fails to appoint
all members of the Survivors Truth and Healing Subcommittee
in accordance with subparagraph (A), the Chair of the
Committee on Indian Affairs of the Senate, with the
concurrence of the Vice Chair of the Committee on Indian
Affairs of the Senate, shall appoint individuals, in
accordance with the requirements of paragraph (1), to all
vacant positions of the Survivors Truth and Healing
Subcommittee not later than 30 days after the date of the
initial business meeting of the Commission under section
101(c)(1).
(4) Period of appointment; vacancies; removal.--
(A) Period of appointment.--A member of the Survivors Truth
and Healing Subcommittee shall be appointed for an
automatically renewable term of 2 years.
(B) Vacancies.--
(i) In general.--A member of the Survivors Truth and
Healing Subcommittee may self-vacate the position at any time
and for any reason.
(ii) Effect; filling of vacancy.--A vacancy in the
Survivors Truth and Healing Subcommittee--
(I) shall not affect the powers of the Survivors Truth and
Healing Subcommittee if a simple majority of the positions of
the Survivors Truth and Healing Subcommittee are filled; and
(II) shall be filled within 90 days in the same manner as
was the original appointment.
(C) Removal.--A quorum of members of the Commission may
remove a member of the Survivors Truth and Healing
Subcommittee only for neglect of duty or malfeasance.
(5) Termination.--The Survivors Truth and Healing
Subcommittee shall terminate 90 days after the date on which
the Commission submits the final report required under
section 111(e)(3).
(6) Limitation.--No member of the Survivors Truth and
Healing Subcommittee shall be an officer or employee of the
Federal Government.
(c) Business Meetings.--
(1) Initial meeting.--Not later 30 days after the date on
which all members of the Survivors Truth and Healing
Subcommittee are appointed under subsection (b)(1), the
Survivors Truth and Healing Subcommittee shall hold an
initial business meeting--
(A) to appoint--
(i) a Chairperson, who shall also serve as the Vice
Chairperson of the Federal Truth and Healing Advisory
Committee;
(ii) a Vice Chairperson, who shall also serve as the Vice
Chairperson of the Native American Truth and Healing Advisory
Committee; and
(iii) a Secretary;
(B) to establish, with the advice of the Commission, rules
for the Survivors Truth and Healing Subcommittee;
(C) to appoint 3 designees to fulfill the responsibilities
described in section 101(h)(1)(A); and
(D) to appoint, with the advice of the Commission, 2
members of the Survivors Truth and Healing Subcommittee to
serve as non-voting designees on the Commission in accordance
with section 101(c)(3).
(2) Subsequent business meetings.--After the initial
business meeting of the Survivors Truth and Healing
subcommittee is held under paragraph (1), the Survivors Truth
and Healing Subcommittee shall meet at the call of the
Chairperson.
(3) Format of business meetings.--A business meeting of the
Survivors Truth and Healing Subcommittee may be conducted in-
person, virtually, or via phone.
(4) Quorum required.--A business meeting of the Survivors
Truth and Healing Subcommittee may only be held once a
quorum, established in accordance with subsection (d), is
present.
(d) Quorum.--A simple majority of the members of the
Survivors Truth and Healing Subcommittee present shall
constitute a quorum for a business meeting.
(e) Rules.--The Survivors Truth and Healing Subcommittee,
with the advice of the Commission, may establish, by a
majority vote, any rules for the conduct of business, in
accordance with this section and other applicable law.
(f) Duties.--The Survivors Truth and Healing Subcommittee
shall--
(1) assist the Commission, the Native American Truth and
Healing Advisory Committee, and the Federal Truth and Healing
Advisory Committee in coordinating public and private
convenings, including--
(A) providing advice to the Commission on developing
criteria and protocols for convenings; and
(B) providing advice and evaluating Committee
recommendations relating to the commemoration and public
education relating to Indian Boarding Schools and Indian
Boarding School Policies; and
(2) provide advice to, or fulfill such other requests by,
the Commission as the Commission may require to carry out the
purposes described in section 3.
(g) Consultation or Engagement With Native Americans,
Indian Tribes, Tribal Organizations, the Office of Hawaiian
Affairs, and Native Hawaiian Organizations.--In carrying out
the duties of the Survivors Truth and Healing Subcommittee
under subsection (f), the Survivors Truth and Healing
Subcommittee shall meaningfully consult or engage, as
appropriate, in a timely manner with Native Americans, Indian
Tribes, Tribal organizations, the Office of Hawaiian Affairs,
and Native Hawaiian organizations.
(h) Nondisclosure.--
(1) Privacy act of 1974 applicability.--Subsection (b) of
section 552a of title 5, United States Code (commonly known
as the ``Privacy Act of 1974''), shall not apply to the
Survivors Truth and Healing Subcommittee.
(2) Freedom of information act applicability.--Records and
other communications provided to, from, between, or within
the Commission, the Federal Truth and Healing Advisory
Committee, the Native American Truth and Healing Advisory
Committee, the Survivors Truth and Healing Subcommittee, and
related agencies shall be exempt from disclosure under
subsection (b)(3)(B) of section 552 of title 5, United States
Code (commonly known as the ``Freedom of Information Act'').
(3) Federal advisory committee act applicability.--Chapter
10 of title 5, United States Code (commonly known as the
``Federal Advisory Committee Act''), shall not apply to the
Survivors Truth and Healing Subcommittee.
(i) Personnel Matters.--
(1) Compensation of members.--A member of the Survivors
Truth and Healing Subcommittee shall be compensated at a
daily equivalent of the annual rate of basic pay prescribed
for grade 13 of the General Schedule under section 5332 of
title 5, United States Code, for each day, not to exceed 14
days per month, for which a member of the Survivors Truth and
Healing Subcommittee is engaged in the performance of their
duties under this Act, including the convening of meetings,
including public and private meetings to receive testimony in
furtherance of the duties of the Survivors Truth and Healing
Subcommittee and the purposes of this Act.
(2) Travel expenses.--A member of the Survivors Truth and
Healing Subcommittee shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the Survivors Truth and Healing Subcommittee.
TITLE II--ADVISORY COMMITTEES
Subtitle A--Native American Truth and Healing Advisory Committee
SEC. 201. NATIVE AMERICAN TRUTH AND HEALING ADVISORY
COMMITTEE.
(a) Establishment.--The Commission shall establish an
advisory committee, to be known as the ``Native American
Truth and Healing Advisory Committee''.
(b) Membership, Nomination, and Appointment to the Native
American Truth and Healing Advisory Committee .--
(1) Membership.--
(A) In general.--The Native American Truth and Healing
Advisory Committee shall include 19 members, to be appointed
by the Commission from among the nominees submitted under
paragraph (2)(A), of whom--
(i) 1 shall be the Vice Chairperson of the Commission, who
shall serve as the Chairperson of the Native American Truth
and Healing Advisory Committee;
(ii) 1 shall be the Vice Chairperson of the Survivors Truth
and Healing Subcommittee, who shall serve as the Vice
Chairperson of the Native American Truth and Healing Advisory
Committee;
(iii) 1 shall be the Secretary of the Interior, or a
designee, who shall serve as the Secretary of the Native
American Truth and Healing Advisory Committee;
(iv) 13 shall be representatives from each of the 12
regions of the Bureau of Indian Affairs and Hawai`i;
(v) 1 shall represent the National Native American Boarding
School Healing Coalition;
(vi) 1 shall represent the National Association of Tribal
Historic Preservation Officers; and
(vii) 1 shall represent the National Indian Education
Association.
(B) Additional requirements.--Not fewer than 2 members of
the Native American Truth and Healing Advisory Committee
shall have experience with health care or mental health,
traditional healing or cultural practices, counseling, or
working with survivors, or descendants of survivors, of
Indian Boarding Schools to ensure that the Commission
considers culturally responsive support for survivors,
families, and communities.
(2) Nominations.--
(A) In general.--Indian Tribes, Tribal organizations,
Native Americans, the Office of Hawaiian Affairs, and Native
Hawaiian organizations may submit to the Secretary of the
Interior nominations for individuals to be appointed to the
Native American Truth and Healing Advisory Committee not
later than 90 days after the date of enactment of this Act.
(B) Submission.--The Secretary of the Interior shall
provide the Commission with nominations submitted under
subparagraph (A) at the initial business meeting of the
Commission under section 101(c)(1) and the Commission shall
select the members of the Native American Truth and Healing
Advisory Committee from among those nominees.
(3) Date.--
(A) In general.--The Commission shall appoint all members
of the Native American Truth and Healing Advisory Committee
during the initial business meeting of the Commission under
section 101(c)(1).
[[Page S7260]]
(B) Failure to appoint.--If the Commission fails to appoint
all members of the Native American Truth and Healing Advisory
Committee in accordance with subparagraph (A), the Chair of
the Committee on Indian Affairs of the Senate, with the
concurrence of the Vice Chair of the Committee on Indian
Affairs of the Senate, shall appoint, in accordance with the
requirements of paragraph (1), individuals to all vacant
positions of the Native American Truth and Healing Advisory
Committee not later than 30 days after the date of the
initial business meeting of the Commission under section
101(c)(1).
(4) Period of appointment; vacancies.--
(A) Period of appointment.--A member of the Native American
Truth and Healing Advisory Committee shall be appointed for
an automatically renewable term of 2 years.
(B) Vacancies.--A vacancy in the Native American Truth and
Healing Advisory Committee--
(i) shall not affect the powers of the Native American
Truth and Healing Advisory Committee if a simple majority of
the positions of the Native American Truth and Healing
Advisory Committee are filled; and
(ii) shall be filled within 90 days in the same manner as
was the original appointment.
(5) Termination.--The Native American Truth and Healing
Advisory Committee shall terminate 90 days after the date on
which the Commission submits the final report required under
section 111(e)(3).
(6) Limitation.--No member of the Native American Truth and
Healing Advisory Committee (other than the member described
in paragraph (1)(A)(iii)) shall be an officer or employee of
the Federal Government.
(c) Quorum.--A simple majority of the members of the Native
American Truth and Healing Committee shall constitute a
quorum.
(d) Removal.--A quorum of members of the Native American
Truth and Healing Committee may remove another member only
for neglect of duty or malfeasance.
(e) Business Meetings.--
(1) Initial business meeting.--Not later than 30 days after
the date on which all members of the Native American Truth
and Healing Advisory Committee are appointed under subsection
(b)(1)(A), the Native American Truth and Healing Advisory
Committee shall hold an initial business meeting--
(A) to establish rules for the Native American Truth and
Healing Advisory Committee;
(B) to appoint 3 designees to fulfill the responsibilities
described in section 101(h)(1)(A); and
(C) to appoint 2 members of the Native American Truth and
Healing Advisory Committee to serve non-voting as designees
on the Commission in accordance with section 101(c)(3).
(2) Subsequent business meetings.--After the initial
business meeting of the Native American Truth and Healing
Advisory Committee is held under paragraph (1), the Native
American Truth and Healing Advisory Committee shall meet at
the call of the Chairperson.
(3) Format of business meetings.--A meeting of the Native
American Truth and Healing Advisory Committee may be
conducted in-person, virtually, or via phone.
(4) Quorum required.--A business meeting of the Native
American Truth and Healing Advisory Committee may only be
held once a quorum, established in accordance with subsection
(c), is present.
(f) Rules.--The Native American Truth and Healing Advisory
Committee may establish, with the advice of the Commission,
by a majority vote, any rules for the conduct of business, in
accordance with this section and other applicable law.
(g) Duties.--The Native American Truth and Healing Advisory
Committee shall--
(1) serve as an advisory body to the Commission;
(2) assist the Commission in organizing and carrying out
culturally appropriate public and private convenings relating
to the duties of the Commission;
(3) assist the Commission in determining what documentation
from Federal and religious organizations and institutions may
be necessary to fulfill the duties of the Commission;
(4) assist the Commission in the production of the initial
report and final report required under paragraphs (2) and
(3), respectively, of section 111(e);
(5) coordinate with the Federal Truth and Healing Advisory
Committee and the Survivors Truth and Healing Subcommittee;
and
(6) provide advice to, or fulfill such other requests by,
the Commission as the Commission may require to carry out the
purposes described in section 3.
(h) Consultation or Engagement With Native Americans,
Indian Tribes, Tribal Organizations, the Office of Hawaiian
Affairs, and Native Hawaiian Organizations.--In carrying out
the duties of the Native American Truth and Healing Advisory
Committee under subsection (g), the Native American Truth and
Healing Advisory Committee shall meaningfully consult or
engage, as appropriate, in a timely manner with Native
Americans, Indian Tribes, Tribal organizations, the Office of
Hawaiian Affairs, and Native Hawaiian organizations.
(i) Nondisclosure.--
(1) Privacy act of 1974 applicability.--Subsection (b) of
section 552a of title 5, United States Code (commonly known
as the ``Privacy Act of 1974''), shall not apply to the
Native American Truth and Healing Advisory Committee.
(2) Freedom of information act applicability.--Records and
other communications provided to, from, between, or within
the Commission, the Federal Truth and Healing Advisory
Committee, the Native American Truth and Healing Advisory
Committee, the Survivors Truth and Healing Subcommittee, and
related agencies shall be exempt from disclosure under
subsection (b)(3)(B) of section 552 of title 5, United States
Code (commonly known as the ``Freedom of Information Act'').
(3) Federal advisory committee act applicability.--Chapter
10 of title 5, United States Code (commonly known as the
``Federal Advisory Committee Act''), shall not apply to the
Native American Truth and Healing Advisory Committee.
(j) Personnel Matters.--
(1) Compensation of members.--A member of the Native
American Truth and Healing Advisory Committee shall be
compensated at a daily equivalent of the annual rate of basic
pay prescribed for grade 13 of the General Schedule under
section 5332 of title 5, United States Code, for each day,
not to exceed 14 days per month, for which a member is
engaged in the performance of their duties under this Act,
including the convening of meetings, including public and
private meetings to receive testimony in furtherance of the
duties of the Native American Truth and Healing Advisory
Committee and the purposes of this Act.
(2) Travel expenses.--A member of the Native American Truth
and Healing Advisory Committee shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the Native American Truth and Healing
Advisory Committee.
Subtitle B--Federal Truth and Healing Advisory Committee
SEC. 211. FEDERAL TRUTH AND HEALING ADVISORY COMMITTEE.
(a) Establishment.--There is established within the
Department of the Interior an advisory committee, to be known
as the ``Federal Truth and Healing Advisory Committee''.
(b) Membership and Appointment to the Federal Truth and
Healing Advisory Committee.--
(1) Membership.--The Federal Truth and Healing Advisory
Committee shall include 17 members, of whom--
(A) 1 shall be the Chairperson of the Commission, who shall
serve as the Chairperson of the Federal Truth and Healing
Advisory Committee;
(B) 1 shall be the Chairperson of the Survivors Truth and
Healing Subcommittee, who shall serve as the Vice Chairperson
of the Federal Truth and Healing Advisory Committee;
(C) 1 shall be the White House Domestic Policy Advisor, who
shall serve as the Secretary of the Federal Truth and Healing
Advisory Committee;
(D) 1 shall be the Director of the Bureau of Trust Funds
Administration (or a designee);
(E) 1 shall be the Archivist of the United States (or a
designee);
(F) 1 shall be the Librarian of Congress (or a designee);
(G) 1 shall be the Director of the Department of the
Interior Library (or a designee);
(H) 1 shall be the Director of the Indian Health Service
(or a designee);
(I) 1 shall be the Assistant Secretary for Mental Health
and Substance Abuse of the Department of Health and Human
Services (or a designee);
(J) 1 shall be the Commissioner of the Administration for
Native Americans of the Department of Health and Human
Services (or a designee);
(K) 1 shall be the Director of the National Institutes of
Health (or a designee);
(L) 1 shall be the Senior Program Director of the Office of
Native Hawaiian Relations of the Department of the Interior
(or a designee);
(M) 1 shall be the Director of the Office of Indian
Education of the Department of Education (or a designee);
(N) 1 shall be the Director of the Rural, Insular, and
Native American Achievement Programs of the Department of
Education (or a designee);
(O) 1 shall be the Chair of the Advisory Council on
Historic Preservation (or a designee);
(P) 1 shall be the Assistant Secretary of Indian Affairs
(or a designee); and
(Q) 1 shall be the Director of the Bureau of Indian
Education (or a designee).
(2) Period of service; vacancies; removal.--
(A) Period of service.--A member of the Federal Truth and
Healing Advisory Committee shall serve for an automatically
renewable term of 2 years.
(B) Vacancies.--A vacancy in the Federal Truth and Healing
Advisory Committee--
(i) shall not affect the powers of the Federal Truth and
Healing Advisory Committee if a simple majority of the
positions of the Federal Truth and Healing Advisory Committee
are filled; and
(ii) shall be filled within 90 days in the same manner as
was the original appointment.
(C) Removal.--A quorum of members of the Federal Truth and
Healing Advisory Committee may remove a member of the Federal
Truth and Healing Advisory Committee only for neglect of duty
or malfeasance.
(3) Termination.--The Federal Truth and Healing Advisory
Committee shall terminate 90 days after the date on which the
Commission submits the final report required under section
111(e)(3).
(c) Business Meetings.--
(1) Initial business meeting.--Not later than 30 days after
the date of the initial business meeting of the Commission
under section 101(c)(1), the Federal Truth and Healing
Advisory Committee shall hold an initial business meeting--
(A) to establish rules for the Federal Truth and Healing
Advisory Committee; and
(B) to appoint 2 members of the Federal Truth and Healing
Advisory Committee to serve as non-voting designees on the
Commission in accordance with section 101(c)(3).
[[Page S7261]]
(2) Subsequent business meetings.--After the initial
business meeting of the Federal Truth and Healing Advisory
Committee is held under paragraph (1), the Federal Truth and
Healing Advisory Committee shall meet at the call of the
Chairperson.
(3) Format of business meetings.--A business meeting of the
Federal Truth and Healing Advisory Committee may be conducted
in-person, virtually, or via phone.
(4) Quorum required.--A business meeting of the Federal
Truth and Healing Advisory Committee may only be held once a
quorum, established in accordance with subsection (d), is
present.
(d) Quorum.--A simple majority of the members of the
Federal Truth and Healing Advisory Committee present shall
constitute a quorum for a business meeting.
(e) Rules.--The Federal Truth and Healing Advisory
Committee may establish, with the advice of the Commission,
by a majority vote, any rules for the conduct of business, in
accordance with this section and other applicable law.
(f) Duties.--The Federal Truth and Healing Advisory
Committee shall--
(1) ensure the effective and timely coordination between
Federal agencies in furtherance of the purposes of this Act;
(2) assist the Commission and the Native American Truth and
Healing Advisory Committee in coordinating--
(A) meetings and other related public and private
convenings; and
(B) the collection, organization, and preservation of
information obtained from witnesses and by other Federal
agencies; and
(3) ensure the timely submission to the Commission of
materials, documents, testimony, and such other information
as the Commission determines to be necessary to carry out the
duties of the Commission.
(g) Consultation or Engagement With Native Americans,
Indian Tribes, Tribal Organizations, the Office of Hawaiian
Affairs, and Native Hawaiian Organizations.--In carrying out
the duties of the Federal Truth and Healing Advisory
Committee under subsection (f), the Federal Truth and Healing
Advisory Committee shall meaningfully consult or engage, as
appropriate, in a timely manner with Native Americans, Indian
Tribes, Tribal organizations, the Office of Hawaiian Affairs,
and Native Hawaiian organizations.
(h) Nondisclosure.--
(1) Privacy act of 1974 applicability.--Subsection (b) of
section 552a of title 5, United States Code (commonly known
as the ``Privacy Act of 1974''), shall not apply to the
Federal Truth and Healing Advisory Committee.
(2) Freedom of information act applicability.--Records and
other communications provided to, from, between, or within
the Commission, the Federal Truth and Healing Advisory
Committee, the Native American Truth and Healing Advisory
Committee, the Survivors Truth and Healing Subcommittee, and
related agencies shall be exempt from disclosure under
subsection (b)(3)(B) of section 552 of title 5, United States
Code (commonly known as the ``Freedom of Information Act'').
(3) Federal advisory committee act applicability.--Chapter
10 of title 5, United States Code (commonly known as the
``Federal Advisory Committee Act''), shall not apply to the
Federal Truth and Healing Advisory Committee.
TITLE III--GENERAL PROVISIONS
SEC. 301. CLARIFICATION.
Any human remains or associated or unassociated funerary
objects located on Federal land, on land managed by a Federal
agency, or land otherwise curated by a Federal agency and
relating to an Indian Boarding School shall be considered
collections or holdings over which a Federal agency has
possession or control and the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et seq.)
shall apply.
SEC. 302. BURIAL MANAGEMENT.
A Federal agency that carries out activities pursuant to
this Act or that created or controls a cemetery with remains
of an individual who attended an Indian Boarding School may
rebury the remains of that individual and any associated
funerary items that have been repatriated pursuant to section
7 of the Native American Graves Protection and Repatriation
Act (25 U.S.C. 3005), consistent with Tribal practices, on
any Federal land as agreed to by the relevant parties.
SEC. 303. CO-STEWARDSHIP AGREEMENTS.
A Federal agency that carries out activities pursuant to
this Act or that created or controls a cemetery with remains
of an individual who attended an Indian Boarding School or an
Indian Boarding School may enter into a co-stewardship
agreement for the management of the cemetery or Indian
Boarding School.
SEC. 304. NO RIGHT OF ACTION.
Nothing in this Act creates a private right of action to
seek administrative or judicial relief.
Mr. SCHATZ. I ask unanimous consent that the committee-reported
substitute amendment be withdrawn; that the Schatz-Murkowski substitute
amendment at the desk be considered and agreed to; and that the bill,
as amended, be considered read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
withdrawn.
The amendment (No. 3351) in the nature of a substitute was agreed to,
as follows:
(The amendment is printed in today's Record (legislative day of
December 16, 2024) under ``Text of Amendments.'')
The bill, as amended, was ordered to be engrossed for a third reading
and was read the third time.
Mr. SCHATZ. I know of no further debate on the bill, as amended.
The PRESIDING OFFICER. Is there further debate on the bill, as
amended?
Hearing none, the bill having been read the third time, the question
is, Shall the bill, as amended, pass?
The bill (S. 1723), as amended, was passed as follows:
S. 1723
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Truth and
Healing Commission on Indian Boarding School Policies Act of
2024''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--COMMISSION AND SUBCOMMITTEES
Subtitle A--Truth and Healing Commission on Indian Boarding School
Policies in the United States
Sec. 101. Truth and Healing Commission on Indian Boarding School
Policies in the United States.
Subtitle B--Duties of the Commission
Sec. 111. Duties of the Commission.
Subtitle C--Survivors Truth and Healing Subcommittee
Sec. 121. Survivors Truth and Healing Subcommittee.
TITLE II--ADVISORY COMMITTEES
Subtitle A--Native American Truth and Healing Advisory Committee
Sec. 201. Native American Truth and Healing Advisory Committee.
Subtitle B--Federal and Religious Truth and Healing Advisory Committee
Sec. 211. Federal and Religious Truth and Healing Advisory Committee.
TITLE III--GENERAL PROVISIONS
Sec. 301. Clarification.
Sec. 302. Burial management.
Sec. 303. Co-stewardship agreements.
Sec. 304. No right of action.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to establish a Truth and Healing Commission on Indian
Boarding School Policies in the United States, including
other necessary advisory committees and subcommittees;
(2) to formally investigate, document, and report on the
histories of Indian Boarding Schools, Indian Boarding School
Polices, and the systematic and long-term effects of those
schools and policies on Native American peoples;
(3) to develop recommendations for Federal efforts 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. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Truth
and Healing Commission on Indian Boarding School Policies in
the United States established by section 101(a).
(2) Federal and religious truth and healing advisory
committee.--The term ``Federal and Religious Truth and
Healing Advisory Committee'' means the Federal and Religious
Truth and Healing Advisory Committee established by section
211(a).
(3) Indian.--The term ``Indian'' has the meaning given the
term in section 6151 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7491).
(4) Indian boarding school.--The term ``Indian Boarding
School'' means--
(A) a site of an institution that--
(i) provided on-site housing or overnight lodging;
(ii) was described in Federal records as providing formal
academic or vocational training and instruction to Native
Americans;
(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'' Native
Americans 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--
[[Page S7262]]
(A) an Indian; or
(B) a Native Hawaiian.
(8) Native american truth and healing advisory committee.--
The term ``Native American Truth and Healing Advisory
Committee'' means the Native American Truth and Healing
Advisory Committee established by the Commission under
section 201(a).
(9) Native hawaiian.--The term ``Native Hawaiian'' has the
meaning given the term in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517).
(10) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means a private nonprofit
organization that--
(A) serves and represents the interests of Native
Hawaiians;
(B) has as its primary and stated purpose the provision of
services to Native Hawaiians;
(C) has Native Hawaiians serving in substantive and
policymaking positions; and
(D) has expertise in Native Hawaiian affairs.
(11) Office of hawaiian affairs.--The term ``Office of
Hawaiian Affairs'' has the meaning given the term in section
6207 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7517).
(12) Survivors truth and healing subcommittee.--The term
``Survivors Truth and Healing Subcommittee'' means the
Survivors Truth and Healing Subcommittee established by
section 121(a).
(13) Trauma-informed care.--The term ``trauma-informed
care'' means holistic psychological and health care practices
that include promoting culturally responsive practices,
patient psychological, physical, and emotional safety, and
environments of healing, trust, peer support, and recovery.
(14) Tribal organization.--The term ``Tribal organization''
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
TITLE I--COMMISSION AND SUBCOMMITTEES
Subtitle A--Truth and Healing Commission on Indian Boarding School
Policies in the United States
SEC. 101. TRUTH AND HEALING COMMISSION ON INDIAN BOARDING
SCHOOL POLICIES IN THE UNITED STATES.
(a) Establishment.--There is established in the legislative
branch a commission, to be known as the ``Truth and Healing
Commission on Indian Boarding School Policies in the United
States''.
(b) Membership.--
(1) Appointment.--Nominees submitted under paragraph (2)(A)
shall be appointed as members to the Commission as follows:
(A) 1 member shall be appointed by the majority leader of
the Senate, in consultation with the Chairperson of the
Committee on Indian Affairs of the Senate.
(B) 1 member shall be appointed by the minority leader of
the Senate, in consultation with the Vice Chairperson of the
Committee on Indian Affairs of the Senate.
(C) 1 member shall be appointed by the Speaker of the House
of Representatives, in consultation with the Chair of the
Committee on Natural Resources of the House of
Representatives.
(D) 1 member shall be appointed by the minority leader of
the House of Representatives, in consultation with the
Ranking Member of the Committee on Natural Resources of the
House of Representatives.
(E) 1 member shall be jointly appointed by the Chairperson
and Vice Chairperson of the Committee on Indian Affairs of
the Senate.
(2) Nominations.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, 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 as members of the Commission.
(B) 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.
(C) Qualifications.--
(i) In general.--Nominees to serve on the Commission shall
have significant experience in matters relating to--
(I) overseeing or leading complex research initiatives with
and for Indian Tribes and Native Americans;
(II) indigenous human rights law and policy;
(III) Tribal court judicial and restorative justice systems
and Federal agencies, such as participation as a Tribal
judge, researcher, or former presidentially appointed
commissioner;
(IV) providing and coordinating trauma-informed care and
other health-related services to Indian Tribes and Native
Americans; or
(V) traditional and cultural resources and practices in
Native communities.
(ii) Additional qualifications.--In addition to the
qualifications described in clause (i), each member of the
Commission shall be an individual 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.
(3) Date.--Members of the Commission under paragraph (1)
shall be appointed not later than 180 days after the date of
the 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 6 years
after the date of the enactment of this Act.
(6) Limitation.--No member of the Commission may otherwise
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, and such
other positions as determined necessary by the Commission;
(B) to establish rules for meetings of the Commission; and
(C) to appoint members of--
(i) the Survivors Truth and Healing Subcommittee under
section 121(b)(1); and
(ii) the Native American Truth and Healing Advisory
Committee under section 201(b)(1).
(2) Subsequent business meetings.--After the initial
business meeting of the Commission is held under paragraph
(1), the Commission shall meet at the call of the
Chairperson.
(3) Advisory and subcommittee committees designees.--Each
Commission business meeting shall include participation by 2
non-voting designees from each of the Survivors Truth and
Healing Subcommittee, the Native American Truth and Healing
Advisory Committee, and the Federal and Religious Truth and
Healing Advisory Committee, as appointed in accordance with
section 121(c)(1)(D), section 201(e)(1)(C), and section
211(c)(1)(B), as applicable.
(4) Format of meetings.--A business meeting of the
Commission may be conducted in-person or virtually.
(5) Quorum required.--A business meeting of the Commission
may be held only after a quorum, established in accordance
with subsection (d), is present.
(d) Quorum.--A simple majority of the members of the
Commission 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 5 of the
General Schedule under section 5332 of title 5, United States
Code, for each day, not to exceed 10 days per month, for
which a member is engaged in the performance of their duties
under this Act, limited to convening meetings, including
public or private meetings to receive testimony in
furtherance of the duties of the Commission and the purposes
of this Act.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate
Federal agency and at the request of the Commission, may be
detailed to the Commission without--
(A) reimbursement to the agency of that employee; and
(B) interruption or loss of civil service status, benefits,
or privileges.
(g) Powers of Commission.--
(1) Convenings and information.--The Commission may, for
the purpose of carrying out this Act--
(A) hold such convenings and sit and act at such times and
places, take such testimony, and receive such information,
virtually or in-person, as the Commission may determine
necessary to accomplish the purposes of this Act;
(B) conduct or request such interdisciplinary research,
investigation, or analysis of such information and documents,
records, or other data as the Commission may determine
necessary to accomplish the purposes of this Act, including--
(i) securing, directly from a Federal agency, such
information as the Commission considers necessary to
accomplish the purposes of this Act; and
[[Page S7263]]
(ii) requesting the head of any relevant Tribal or State
agency to provide to the Commission such information as the
Commission considers necessary to accomplish the purposes of
this Act;
(C) request such records, papers, correspondence,
memoranda, documents, books, videos, oral histories,
recordings, or any other paper or electronic material, as the
Commission may determine necessary to accomplish the purposes
of this Act;
(D) oversee, direct, and collaborate with the Federal and
Religious Truth and Healing Advisory Committee, the Native
American Truth and Healing Advisory Committee, and the
Survivors Truth and Healing Subcommittee to accomplish the
purposes of this Act; and
(E) coordinate with Federal and non-Federal entities to
preserve and archive, as appropriate, any gifts, documents,
or other property received while carrying out the purposes of
this Act.
(2) Contracting; volunteer services.--
(A) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriations Acts, and in
accordance with applicable law, enter into contracts and
other agreements with public agencies, private organizations,
and individuals to enable the Commission to carry out the
duties of the Commission under this Act.
(B) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission
may accept and use such voluntary and uncompensated services
as the Commission determines to be necessary.
(C) General services administration.--The Administrator of
General Services shall provide, on request of the Commission,
on a reimbursable basis, administrative support and other
services for the performance of the functions of the
Commission under this Act.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(4) Gifts, fundraising, and disbursement.--
(A) Gifts and donations.--
(i) In general.--The Commission may accept, use, and
dispose of any gift, donation, service, property, or other
record or recording to accomplish the purposes of this Act.
(ii) Return of gifts and donations.--On termination of the
Commission under subsection (b)(5), any gifts, unspent
donations, property, or other record or recording accepted by
the Commission under clause (i) shall be--
(I) returned to the donor that made the donation under that
clause; or
(II) archived under subparagraph (E).
(B) Fundraising.--The Commission may, on the affirmative
vote of \3/5\ of the members of the Commission, solicit funds
to accomplish the purposes of this Act.
(C) Disbursement.--The Commission may, on the affirmative
vote of \3/5\ of the members of the Commission, approve a
spending plan of funds to accomplish the purposes of this
Act.
(D) Tax documents.--The Commission (or a designee) shall,
on request of a donor under subparagraph (A) or (B), provide
tax documentation to that donor for any tax-deductible gift
made by that donor under those subparagraphs.
(E) Archiving.--The Commission shall coordinate with the
Library of Congress and the Smithsonian Institution 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 recommend 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 in Hawai`i during the life
of the Commission; and
(B) beginning 1 year after the date of the enactment of
this Act, not fewer than 1 convening in each quarter to
receive testimony each calendar year until the date on which
the Commission submits the final report of the Commission
under section 111(e)(3).
(4) Opportunity to provide testimony.--No person or entity
shall be denied the opportunity to provide relevant testimony
or information at a convening held under this subsection,
except at the discretion of the Chairperson of the Commission
(or a designee).
(i) 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.
(j) Congressional Accountability Act Applicability.--For
purposes of the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.)--
(1) any individual who is an employee of the Commission
shall be considered a covered employee under the Act; and
(2) the Commission shall be considered an employing office
under the Act; and
(3) a member of the Commission shall be considered a
covered employee under the Act.
(k) Consultation or Engagement With Native Americans,
Indian Tribes, Tribal Organizations, the Office of Hawaiian
Affairs, and Native Hawaiian Organizations.--In carrying out
the duties of the Commission under section 111, the
Commission shall meaningfully consult or engage, as
appropriate, in a timely manner with Native Americans, Indian
Tribes, Tribal organizations, the Office of Hawaiian Affairs,
and Native Hawaiian organizations.
(l) Funding.--Of the amounts authorized to be appropriated
pursuant to section 105 of the Indian Land Consolidation Act
Amendments of 2000 (25 U.S.C. 2201 note; Public Law 106-462)
and section 403 of the Indian Financing Act of 1974 (25
U.S.C. 1523), $90,000,000 shall be used to carry out this
Act.
Subtitle B--Duties of the Commission
SEC. 111. DUTIES OF THE COMMISSION.
(a) Investigation.--
(1) In general.--The Commission shall conduct a
comprehensive interdisciplinary investigation of Indian
Boarding School Policies, including the social, cultural,
economic, emotional, and physical effects of Indian Boarding
School Policies in the United States on Native American
communities, Indian Tribes, survivors of Indian Boarding
Schools, families of those survivors, and their descendants.
(2) Matters to be investigated.--The matters to be
investigated by the Commission under paragraph (1) shall
include, at a minimum--
(A) conducting a comprehensive review of existing research
and historical records of Indian Boarding School Policies and
any documentation, scholarship, or other resources relevant
to the purposes of this Act from--
(i) any archive or any other document storage location,
notwithstanding the location of that archive or document
storage location; and
(ii) any research conducted by private individuals, private
entities, and non-Federal Government entities, whether
domestic or foreign, including religious institutions;
(B) collaborating with the Federal and Religious 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 that the Commission determines to be
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 Native American students
and alumni, including the impact on 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, 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 that private
[[Page S7264]]
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 statutes, 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;
(C) how the Federal Government can promote public awareness
of, and education about, 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
Smithsonian Institution, and other relevant institutions and
organizations; and
(D) the views of religious institutions.
(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 and
Religious 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 who
attended Indian Boarding Schools.
(e) Reports.--
(1) Annual reports to congress.--Not less frequently than
annually until the year before the year in which the
Commission terminates, 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 Commission during the
previous year, including an accounting of funds and gifts
received and expenditures made, the progress made, and any
barriers encountered in carrying out this Act.
(2) Commission initial report.--Not later than 4 years
after the date on which a majority of the members of the
Commission are appointed under section 101(b)(1), the
Commission shall submit to the individuals described in
paragraph (4), and make publicly available, an initial report
containing--
(A) a detailed review of existing research, including
documentation, scholarship, or other resources shared with
the Commission that further the purposes of this Act;
(B) a detailed statement of the initial findings and
conclusions of the Commission; and
(C) a detailed statement of the initial recommendations of
the Commission.
(3) Commission final report.--Before the termination of the
Commission, 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 minority member of the
Committee on Natural Resources of the House of
Representatives;
(J) the Co-Chairs of the Congressional Native American
Caucus;
(K) the Executive Director of the White House Council on
Native American Affairs;
(L) the Director of the Office of Management and Budget;
(M) the Archivist of the United States;
(N) the Librarian of Congress; and
(O) the Director of the National Museum of the American
Indian.
(5) Additional commission responsibilities relating to the
publication of the initial and final reports.--
(A) Events relating to initial report.--
(i) In general.--The Commission shall hold not fewer than 2
events in each region of the Bureau of Indian Affairs and in
Hawai`i following publication of the initial report under
paragraph (2) to receive comments on the initial report.
(ii) Timing.--The schedule of events referred to in clause
(i) shall be announced not later than 90 days after the date
on which the initial report under paragraph (2) is published.
(B) Publication of final report.--Not later than 180 days
after the date on which the Commission submits the final
report under paragraph (3), the Commission, the Secretary of
the Interior, the Secretary of Education, the Secretary of
Defense, and the Secretary of Health and Human Services shall
each make the final report publicly available on the website
of the applicable agency.
(6) Secretarial response to final report.--Not later than
120 days after the date on which the Secretary of the
Interior, the Secretary of Education, the Secretary of
Defense, and the Secretary of Health and Human Services
receive the final report under paragraph (3), the Secretaries
shall each make publicly available a written response to
recommendations for future action by those agencies, if any,
contained in the final report, and submit the written
response to--
(A) the President;
(B) the Committee on Indian Affairs of the Senate;
(C) the Committee on Natural Resources of the House of
Representatives; and
(D) the Comptroller General of the United States.
Subtitle C--Survivors Truth and Healing Subcommittee
SEC. 121. SURVIVORS TRUTH AND HEALING SUBCOMMITTEE.
(a) Establishment.--There is established a subcommittee of
the Commission, to be known as the ``Survivors Truth and
Healing Subcommittee''.
(b) Membership, Nomination, and Appointment to the
Survivors Truth and Healing Subcommittee.--
(1) Membership.--The Survivors Truth and Healing
Subcommittee shall include 15 members, to be appointed by the
Commission, in consultation with the National Native American
Boarding School Healing Coalition, from among the nominees
submitted under paragraph (2)(A), of whom--
(A) 12 shall be representatives from each of the 12 regions
of the Bureau of Indian Affairs and 1 shall be a
representative from 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 the enactment
of this Act from--
(I) an Indian Boarding School in operation as of that date
of the 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 the enactment of this
Act.
(2) Nominations.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, 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 as members of the Survivors Truth and Healing
Subcommittee.
(B) Submission.--The Secretary of the Interior shall
provide the Commission with nominations submitted under
subparagraph (A) at the initial business meeting of the
Commission under section 101(c)(1) and the Commission shall
select the members of the Survivors Truth and Healing
Subcommittee from among those nominees.
(3) Date.--
(A) In general.--The Commission shall appoint all members
of the Survivors Truth and Healing Subcommittee during the
initial business meeting of the Commission under section
101(c)(1).
(B) Failure to appoint.--If the Commission fails to appoint
all members of the Survivors Truth and Healing Subcommittee
in accordance with subparagraph (A), the Chair of the
Committee on Indian Affairs of the Senate, with the
concurrence of the Vice Chair of the Committee on Indian
Affairs of the Senate, shall appoint individuals, in
accordance with the requirements of paragraph (1), to all
vacant positions of the Survivors Truth and Healing
Subcommittee not later than 30 days after the date of the
initial business meeting of the Commission under section
101(c)(1).
[[Page S7265]]
(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 vacate the position at any time and
for any reason.
(ii) Effect; filling of vacancy.--A vacancy in the
Survivors Truth and Healing Subcommittee--
(I) shall not affect the powers of the Survivors Truth and
Healing Subcommittee if a simple majority of the positions of
the Survivors Truth and Healing Subcommittee are filled; and
(II) shall be filled within 90 days in the same manner as
was the original appointment.
(C) Removal.--A quorum of members of the Commission may
remove a member of the Survivors Truth and Healing
Subcommittee only for neglect of duty or malfeasance.
(5) Termination.--The Survivors Truth and Healing
Subcommittee shall terminate 90 days after the date on which
the Commission submits the final report required under
section 111(e)(3).
(6) Limitation.--No member of the Survivors Truth and
Healing Subcommittee may otherwise be an officer or employee
of the Federal Government.
(c) Business Meetings.--
(1) Initial meeting.--Not later than 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 and Religious 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) other positions, as determined necessary by the
Survivors Truth and Healing Subcommittee;
(B) to establish, with the advice of the Commission, rules
for the Survivors Truth and Healing Subcommittee;
(C) to appoint 3 designees to fulfill the responsibilities
described in section 101(h)(1)(A); and
(D) to appoint, with the advice of the Commission, 2
members of the Survivors Truth and Healing Subcommittee to
serve as non-voting designees on the Commission in accordance
with section 101(c)(3).
(2) Subsequent business meetings.--After the initial
business meeting of the Survivors Truth and Healing
subcommittee is held under paragraph (1), the Survivors Truth
and Healing Subcommittee shall meet at the call of the
Chairperson.
(3) Format of business meetings.--A business meeting of the
Survivors Truth and Healing Subcommittee may be conducted in-
person or virtually.
(4) Quorum required.--A business meeting of the Survivors
Truth and Healing Subcommittee may be held only after 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 shall constitute a
quorum for a business meeting.
(e) Rules.--The Survivors Truth and Healing Subcommittee,
with the advice of the Commission, may establish, by a
majority vote, any rules for the conduct of business, in
accordance with this section and other applicable law.
(f) Duties.--The Survivors Truth and Healing Subcommittee
shall--
(1) assist the Commission, the Native American Truth and
Healing Advisory Committee, and the Federal and Religious
Truth and Healing Advisory Committee in coordinating public
and private convenings, including providing advice to the
Commission on developing criteria and protocols for
convenings;
(2) provide advice and evaluate Committee recommendations
relating to the commemoration and public education relating
to Indian Boarding Schools and Indian Boarding School
Policies;
(3) assist the Commission--
(A) in the production of the initial and final reports
required under paragraphs (2) and (3), respectively, of
section 111(e); and
(B) by providing such other advice, or fulfilling such
other requests, as may be required by the Commission; and
(4) coordinate with the Commission, the Native American
Truth and Healing Advisory Committee, and the Federal and
Religious Truth and Healing Advisory Committee.
(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) Federal Advisory Committee Act Applicability.--Chapter
10 of title 5, United States Code (commonly known as the
``Federal Advisory Committee Act''), shall not apply to the
Survivors Truth and Healing Subcommittee.
(i) Congressional Accountability Act Applicability.--For
purposes of the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.), any individual who is a member of the
Survivors Truth and Healing Subcommittee shall be considered
a covered employee under the Act.
(j) 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 7, step 1, of the General Schedule under section
5332 of title 5, United States Code, for each day, not to
exceed 10 days per month, for which a member of the Survivors
Truth and Healing Subcommittee is engaged in the performance
of their duties under this Act limited to convening meetings,
including public and private meetings to receive testimony in
furtherance of the duties of the Survivors Truth and Healing
Subcommittee and the purposes of this Act.
(2) Travel expenses.--A member of the Survivors Truth and
Healing Subcommittee shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the Survivors Truth and Healing Subcommittee.
TITLE II--ADVISORY COMMITTEES
Subtitle A--Native American Truth and Healing Advisory Committee
SEC. 201. NATIVE AMERICAN TRUTH AND HEALING ADVISORY
COMMITTEE.
(a) Establishment.--The Commission shall establish an
advisory committee, to be known as the ``Native American
Truth and Healing Advisory Committee''.
(b) Membership, Nomination, and Appointment to the Native
American Truth and Healing Advisory Committee.--
(1) Membership.--
(A) In general.--The Native American Truth and Healing
Advisory Committee shall include 19 members, to be appointed
by the Commission from among the nominees submitted under
paragraph (2)(A), of whom--
(i) 1 shall be the Vice Chairperson of the Commission, who
shall serve as the Chairperson of the Native American Truth
and Healing Advisory Committee;
(ii) 1 shall be the Vice Chairperson of the Survivors Truth
and Healing Subcommittee, who shall serve as the Vice
Chairperson of the Native American Truth and Healing Advisory
Committee;
(iii) 1 shall be the Secretary of the Interior, or a
designee, who shall serve as the Secretary of the Native
American Truth and Healing Advisory Committee;
(iv) 12 shall be representatives from each of the 12
regions of the Bureau of Indian Affairs and 1 shall be a
representative from 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.--Not later than 90 days after the date of
the enactment of this Act, 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 as members of the Native American Truth and Healing
Advisory Committee.
(B) Submission.--The Secretary of the Interior shall
provide the Commission with nominations submitted under
subparagraph (A) at the initial business meeting of the
Commission under section 101(c)(1) and the Commission shall
select the members of the Native American Truth and Healing
Advisory Committee from among those nominees.
(3) Date.--
(A) In general.--The Commission shall appoint all members
of the Native American Truth and Healing Advisory Committee
during the initial business meeting of the Commission under
section 101(c)(1).
(B) Failure to appoint.--If the Commission fails to appoint
all members of the Native American Truth and Healing Advisory
Committee in accordance with subparagraph (A), the Chair of
the Committee on Indian Affairs of the Senate, with the
concurrence of the Vice Chair of the Committee on Indian
Affairs of the Senate, shall appoint, in accordance with the
requirements of paragraph (1), individuals to all vacant
positions of the
[[Page S7266]]
Native American Truth and Healing Advisory Committee not
later than 30 days after the date of the initial business
meeting of the Commission under section 101(c)(1).
(4) Period of appointment; vacancies.--
(A) Period of appointment.--A member of the Native American
Truth and Healing Advisory Committee shall be appointed for
an automatically renewable term of 2 years.
(B) Vacancies.--A vacancy in the Native American Truth and
Healing Advisory Committee--
(i) shall not affect the powers of the Native American
Truth and Healing Advisory Committee if a simple majority of
the positions of the Native American Truth and Healing
Advisory Committee are filled; and
(ii) shall be filled within 90 days in the same manner as
was the original appointment.
(5) Termination.--The Native American Truth and Healing
Advisory Committee shall terminate 90 days after the date on
which the Commission submits the final report required under
section 111(e)(3).
(6) Limitation.--No member of the Native American Truth and
Healing Advisory Committee (other than the member described
in paragraph (1)(A)(iii)) may otherwise be an officer or
employee of the Federal Government.
(c) Quorum.--A simple majority of the members of the Native
American Truth and Healing Advisory Committee shall
constitute a quorum.
(d) Removal.--A quorum of members of the Native American
Truth and Healing Advisory Committee may remove another
member only for neglect of duty or malfeasance.
(e) Business Meetings.--
(1) Initial business meeting.--Not later than 30 days after
the date on which all members of the Native American Truth
and Healing Advisory Committee are appointed under subsection
(b)(1)(A), the Native American Truth and Healing Advisory
Committee shall hold an initial business meeting--
(A) to establish rules for the Native American Truth and
Healing Advisory Committee;
(B) to appoint 3 designees to fulfill the responsibilities
described in section 101(h)(1)(A); and
(C) to appoint 2 members of the Native American Truth and
Healing Advisory Committee to serve as non-voting designees
on the Commission in accordance with section 101(c)(3).
(2) Subsequent business meetings.--After the initial
business meeting of the 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 or virtually.
(4) Quorum required.--A business meeting of the Native
American Truth and Healing Advisory Committee may be held
only after a quorum, established in accordance with
subsection (c), is present.
(f) Rules.--The Native American Truth and Healing Advisory
Committee may establish, with the advice of the Commission,
by a majority vote, any rules for the conduct of business, in
accordance with this section and other applicable law.
(g) Duties.--The Native American Truth and Healing Advisory
Committee shall--
(1) serve as an advisory body to the Commission;
(2) assist the Commission in organizing and carrying out
culturally appropriate public and private convenings relating
to the duties of the Commission;
(3) assist the Commission in determining what documentation
from Federal and religious organizations and institutions may
be necessary to fulfill the duties of the Commission;
(4) assist the Commission in the production of the initial
report and final report required under paragraphs (2) and
(3), respectively, of section 111(e);
(5) coordinate with the Commission, the Federal and
Religious 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 2.
(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) 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) Congressional Accountability Act Applicability.--For
purposes of the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.), any individual who is a member of the
Native American Truth and Healing Advisory Committee shall be
considered a covered employee under the Act.
(k) 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 7, step 1, of the General Schedule
under section 5332 of title 5, United States Code, for each
day, not to exceed 14 days per month, for which a member is
engaged in the performance of their duties under this Act,
limited to convening meetings, including public and private
meetings to receive testimony in furtherance of the duties of
the Native American Truth and Healing Advisory Committee and
the purposes of this Act.
(2) Travel expenses.--A member of the Native American Truth
and Healing Advisory Committee shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the Native American Truth and Healing
Advisory Committee.
Subtitle B--Federal and Religious Truth and Healing Advisory Committee
SEC. 211. FEDERAL AND RELIGIOUS 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 and Religious Truth and Healing Advisory
Committee''.
(b) Membership and Appointment to the Federal and Religious
Truth and Healing Advisory Committee.--
(1) Membership.--The Federal and Religious Truth and
Healing Advisory Committee shall include 20 members, of
whom--
(A) 1 shall be the Chairperson of the Commission, who shall
serve as the Chairperson of the Federal and Religious 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 and Religious Truth and Healing Advisory
Committee;
(C) 1 shall be the White House Domestic Policy Advisor, who
shall serve as the Secretary of the Federal and Religious
Truth and Healing Advisory Committee;
(D) 1 shall be the Director of the Bureau of Trust Funds
Administration (or a designee);
(E) 1 shall be the Archivist of the United States (or a
designee);
(F) 1 shall be the Librarian of Congress (or a designee);
(G) 1 shall be the Director of the Department of the
Interior Library (or a designee);
(H) 1 shall be the Director of the Indian Health Service
(or a designee);
(I) 1 shall be the Assistant Secretary for Mental Health
and Substance Abuse of the Department of Health and Human
Services (or a designee);
(J) 1 shall be the Commissioner of the Administration for
Native Americans of the Department of Health and Human
Services (or a designee);
(K) 1 shall be the Director of the National Institutes of
Health (or a designee);
(L) 1 shall be the Senior Program Director of the Office of
Native Hawaiian Relations of the Department of the Interior
(or a designee);
(M) 1 shall be the Director of the Office of Indian
Education of the Department of Education (or a designee);
(N) 1 shall be the Director of the Rural, Insular, and
Native American Achievement Programs of the Department of
Education (or a designee);
(O) 1 shall be the Chair of the Advisory Council on
Historic Preservation (or a designee);
(P) 1 shall be the Assistant Secretary of Indian Affairs
(or a designee);
(Q) 1 shall be the Director of the Bureau of Indian
Education (or a designee); and
(R) 3 shall be representatives employed by, or
representatives of, religious institutions, to be appointed
by the White House Office of Faith-Based and Neighborhood
Partnerships in consultation with relevant religious
institutions.
(2) Period of service; vacancies; removal.--
(A) Period of service.--A member of the Federal and
Religious Truth and Healing Advisory Committee shall serve
for an automatically renewable term of 2 years.
(B) Vacancies.--A vacancy in the Federal and Religious
Truth and Healing Advisory Committee--
(i) shall not affect the powers of the Federal and
Religious Truth and Healing Advisory Committee if a simple
majority of the positions of the Federal and Religious 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 and
Religious Truth and Healing Advisory Committee may remove a
member of the Federal and Religious Truth and Healing
Advisory Committee only for neglect of duty or malfeasance.
(3) Termination.--The Federal and Religious Truth and
Healing Advisory Committee shall terminate 90 days after the
date on which the Commission submits the final report
required under section 111(e)(3).
(c) Business Meetings.--
(1) Initial business meeting.--Not later than 30 days after
the date of the initial business meeting of the Commission
under
[[Page S7267]]
section 101(c)(1), the Federal and Religious Truth and
Healing Advisory Committee shall hold an initial business
meeting--
(A) to establish rules for the Federal and Religious Truth
and Healing Advisory Committee; and
(B) to appoint 2 members of the Federal and Religious Truth
and Healing Advisory Committee to serve as non-voting
designees on the Commission in accordance with section
101(c)(3).
(2) Subsequent business meetings.--After the initial
business meeting of the Federal and Religious Truth and
Healing Advisory Committee is held under paragraph (1), the
Federal and Religious Truth and Healing Advisory Committee
shall meet at the call of the Chairperson.
(3) Format of business meetings.--A business meeting of the
Federal and Religious Truth and Healing Advisory Committee
may be conducted in-person or virtually.
(4) Quorum required.--A business meeting of the Federal and
Religious Truth and Healing Advisory Committee may be held
only after a quorum, established in accordance with
subsection (d), is present.
(d) Quorum.--A simple majority of the members of the
Federal and Religious Truth and Healing Advisory Committee
shall constitute a quorum for a business meeting.
(e) Rules.--The Federal and Religious 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 and Religious Truth and Healing
Advisory Committee shall--
(1) ensure the effective and timely coordination among
Federal agencies and religious institutions in furtherance of
the purposes of this Act;
(2) assist the Commission and the Native American Truth and
Healing Advisory Committee in coordinating--
(A) meetings and other related public and private
convenings; and
(B) the collection, organization, and preservation of
information obtained from witnesses and by other Federal
agencies and religious institutions;
(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; and
(4) coordinate with the Commission, the Native American
Truth and Healing Advisory Committee, and the Survivors Truth
and Healing Subcommittee to carry out the purposes of this
Act.
(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 and Religious Truth and Healing
Advisory Committee under subsection (f), the Federal and
Religious 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 and Religious Truth and Healing Advisory Committee.
(2) Freedom of information act applicability.--Records and
other communications in the possession of the Federal and
Religious Truth and Healing Advisory Committee 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 and Religious Truth and Healing Advisory Committee.
TITLE III--GENERAL PROVISIONS
SEC. 301. CLARIFICATION.
The Native American Graves Protection and Repatriation Act
(25 U.S.C. 3001 et seq.) shall apply to cultural items (as
defined in section 2 of that Act (25 U.S.C. 3001)) relating
to an Indian Boarding School or Indian Boarding School
Policies regardless of interpretation of applicability by a
Federal agency.
SEC. 302. BURIAL MANAGEMENT.
Federal agencies shall permit reburial of cultural items
relating to an Indian Boarding School or Indian Boarding
School Policies that have been repatriated pursuant to the
Native American Graves Protection and Repatriation Act (25
U.S.C. 3001 et seq.), or returned to a lineal descendant,
Indian Tribe, or Native Hawaiian organization by any other
disinterment process, on any Federal land as agreed to by the
relevant parties.
SEC. 303. CO-STEWARDSHIP AGREEMENTS.
A Federal agency that carries out activities pursuant to
this Act or that created or controls a cemetery with remains
of an individual who attended an Indian Boarding School or an
Indian Boarding School may enter into a co-stewardship
agreement for the management of the cemetery or Indian
Boarding School.
SEC. 304. NO RIGHT OF ACTION.
Nothing in this Act creates a private right of action to
seek administrative or judicial relief.
Mr. SCHATZ. I ask that the motion to reconsider be considered made
and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
S. 1723
Mr. SCHATZ. Mr. President, it is no small task for us to confront the
unbearable burden of our history. Yet to stand before that history in
silence and to remain idle while these wounds persist is to turn away
from one of the most fundamental acts of justice and healing that we
are in a position to do something about. We have to turn the light on
and let the truth out.
This is the work that we have done in the Senate now, and we do hope
the House takes action and passes this incredibly important measure
into law.
I yield the floor.
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