[Congressional Record Volume 170, Number 190 (Friday, December 20, 2024)]
[Senate]
[Pages S7337-S7343]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3351. Mr. SCHATZ (for himself, Ms. Murkowski, and Ms. Warren) 
proposed an amendment to the bill S. 1723, to establish the Truth and 
Healing Commission on Indian Boarding School Policies in the United 
States, and for other purposes; as follows:

        Strike all after the enacting clause and insert 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 
     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--
       (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

[[Page S7338]]

     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
       (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

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       (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 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;

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       (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).
       (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.

[[Page S7341]]

       (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 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.

[[Page S7342]]

       (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 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

[[Page S7343]]

     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.
                                 ______