I 

118TH CONGRESS 

2D SESSION H. R. 7227 

To establish the Truth and Healing Commission on Indian Boarding School 

Policies in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2024 

Ms. DAVIDS of Kansas (for herself and Mr. COLE) introduced the following 

bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Natural Resources, and Energy and Commerce, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To establish the Truth and Healing Commission on Indian 

Boarding School Policies in the United States, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Truth and Healing Commission on Indian Boarding 

6 School Policies Act of 2024’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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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 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. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to establish a Truth and Healing Commis4 sion on Indian Boarding School Policies in the 

5 United States, including other necessary advisory 

6 committees and subcommittees; 

7 (2) to formally investigate, document, and re8 port on the histories of Indian Boarding Schools, In9 dian Boarding School Polices, and the systematic 


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1 and long-term effects of those schools and policies 

2 on Native American peoples; 

3 (3) to develop recommendations for Federal 

4 participation based on the findings of the Commis5 sion; and 

6 (4) to promote healing for survivors of Indian 

7 Boarding Schools, the descendants of those sur8 vivors, and the communities of those survivors. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) COMMISSION.—The term ‘‘Commission’’ 

12 means the Truth and Healing Commission on Indian 

13 Boarding School Policies in the United States estab14 lished by section 101(a). 

15 (2) FEDERAL TRUTH AND HEALING ADVISORY

16 COMMITTEE.—The term ‘‘Federal Truth and Heal17 ing Advisory Committee’’ means the Federal Truth 

18 and Healing Advisory Committee established by sec19 tion 211(a). 

20 (3) INDIAN.—The term ‘‘Indian’’ has the mean21 ing given the term in section 6151 of the Elemen22 tary and Secondary Education Act of 1965 (20 

23 U.S.C. 7491). 

24 (4) INDIAN BOARDING SCHOOL.—The term ‘‘In25 dian Boarding School’’ means— 


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1 (A) a site of an institution that— 

2 (i) provided on-site housing or over3 night lodging; 

4 (ii) was described in Federal records 

5 as providing formal academic or vocational 

6 training and instruction to American Indi7 ans, Alaska Natives, or Native Hawaiians; 

8 (iii) received Federal funds or other 

9 Federal support; and 

10 (iv) was operational before 1969; 

11 (B) a site of an institution identified by 

12 the Department of the Interior in appendices A 

13 and B of the report entitled ‘‘Federal Indian 

14 Boarding School Initiative Investigative Re15 port’’ and dated May 2022 (or a successor re16 port); or 

17 (C) any other institution that implemented 

18 Indian Boarding School Policies, including an 

19 Indian day school. 

20 (5) INDIAN BOARDING SCHOOL POLICIES.—The 

21 term ‘‘Indian Boarding School Policies’’ means Fed22 eral laws, policies, and practices purported to ‘‘as23 similate’’ and ‘‘civilize’’ American Indians, Alaska 

24 Natives, and Native Hawaiians that included psycho25 logical, physical, sexual, and mental abuse, forced 


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1 removal from home or community, and identity-al2 tering practices intended to terminate Native lan3 guages, cultures, religions, social organizations, or 

4 connections to traditional land. 

5 (6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

6 has the meaning given the term in section 4 of the 

7 Indian Self-Determination and Education Assistance 

8 Act (25 U.S.C. 5304). 

9 (7) NATIVE AMERICAN.—The term ‘‘Native 

10 American’’ means an individual who is— 

11 (A) an Indian; or 

12 (B) a Native Hawaiian. 

13 (8) NATIVE AMERICAN TRUTH AND HEALING

14 ADVISORY COMMITTEE.—The term ‘‘Native Amer15 ican Truth and Healing Advisory Committee’’ means 

16 the Native American Truth and Healing Advisory 

17 Committee established by the Commission under sec18 tion 201(a). 

19 (9) NATIVE HAWAIIAN.—The term ‘‘Native Ha20 waiian’’ has the meaning given the term in section 

21 6207 of the Elementary and Secondary Education 

22 Act of 1965 (20 U.S.C. 7517). 

23 (10) NATIVE HAWAIIAN ORGANIZATION.—The 

24 term ‘‘Native Hawaiian organization’’ means a pri25 vate nonprofit organization that— 


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1 (A) serves and represents the interests of 

2 Native Hawaiians; 

3 (B) has as its primary and stated purpose 

4 the provision of services to Native Hawaiians; 

5 (C) has Native Hawaiians serving in sub6 stantive and policymaking positions; and 

7 (D) is recognized for having expertise in 

8 Native Hawaiian affairs. 

9 (11) OFFICE OF HAWAIIAN AFFAIRS.—The 

10 term ‘‘Office of Hawaiian Affairs’’ has the meaning 

11 given the term in section 6207 of the Elementary 

12 and Secondary Education Act of 1965 (20 U.S.C. 

13 7517). 

14 (12) SURVIVORS TRUTH AND HEALING SUB15 COMMITTEE.—The term ‘‘Survivors Truth and Heal16 ing Subcommittee’’ means the Survivors Truth and 

17 Healing Subcommittee established by section 121(a). 

18 (13) TRAUMA-INFORMED CARE.—The term 

19 ‘‘trauma-informed care’’ means holistic psychological 

20 and health care practices that include promoting cul21 turally responsive practices, patient psychological, 

22 physical, and emotional safety, and environments of 

23 healing, trust, peer support, and recovery. 

24 (14) TRIBAL ORGANIZATION.—The term ‘‘Trib25 al organization’’ has the meaning given the term in 


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1 section 4 of the Indian Self-Determination and Edu2 cation Assistance Act (25 U.S.C. 5304). 

3 TITLE I—COMMISSION AND 

4 SUBCOMMITTEES 

5 Subtitle A—Truth and Healing 

6 Commission on Indian Boarding 

7 School Policies in the United 

8 States 

9 SEC. 101. TRUTH AND HEALING COMMISSION ON INDIAN 

10 BOARDING SCHOOL POLICIES IN THE UNITED 

11 STATES. 

12 (a) ESTABLISHMENT.—There is established a com13 mission, to be known as the ‘‘Truth and Healing Commis14 sion on Indian Boarding School Policies in the United 

15 States’’. 

16 (b) MEMBERSHIP.— 

17 (1) MEMBERSHIP.— 

18 (A) IN GENERAL.—The Commission shall 

19 include 5 members, to be jointly appointed by 

20 the majority and minority leaders of the Senate, 

21 in consultation with the Chairperson and Vice 

22 Chairperson of the Committee on Indian Affairs 

23 of the Senate, the Speaker of the House of 

24 Representatives, the minority leader of the 

25 House of Representatives, and the Chair and 


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1 Ranking Member of the Committee on Natural 

2 Resources of the House of Representatives, 

3 from among the nominees submitted under 

4 paragraph (2)(A), of whom— 

5 (i) 1 shall be an individual with exten6 sive experience and expertise as a principal 

7 investigator overseeing or leading complex 

8 research initiatives with and for Indian 

9 Tribes and Native Americans; 

10 (ii) 1 shall be an individual (barred in 

11 good standing) with extensive experience 

12 and expertise in the area of indigenous 

13 human rights law and policy, including 

14 overseeing or leading broad-scale investiga15 tions of abuses of indigenous human 

16 rights; 

17 (iii) 1 shall be an individual with ex18 tensive experience and expertise in Tribal 

19 court judicial and restorative justice sys20 tems and Federal agencies, such as partici21 pation as a Tribal judge, researcher, or 

22 former presidentially appointed commis23 sioner; 

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1 viding and coordinating trauma-informed 

2 care and other health-related services to 

3 Indian Tribes and Native Americans; and 

4 (v) 1 shall be a Native American indi5 vidual recognized as a traditional cultural 

6 authority by their respective Native com7 munity. 

8 (B) ADDITIONAL REQUIREMENTS FOR

9 MEMBERSHIP.—In addition to the requirements 

10 described in subparagraph (A), members of the 

11 Commission shall be persons of recognized in12 tegrity and empathy, with a demonstrated com13 mitment to the values of truth, reconciliation, 

14 healing, and expertise in truth and healing en15 deavors that are traditionally and culturally ap16 propriate so as to provide balanced points of 

17 view and expertise with respect to the duties of 

18 the Commission. 

19 (2) NOMINATIONS.— 

20 (A) IN GENERAL.—Indian Tribes, Tribal 

21 organizations, Native Americans, the Office of 

22 Hawaiian Affairs, and Native Hawaiian organi23 zations may submit to the Secretary of the In24 terior nominations for individuals to be ap25 pointed to the Commission not later than 90 


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1 days after the date of the enactment of this 

2 Act. 

3 (B) NATIVE AMERICAN PREFERENCE.—In4 dividuals nominated under subparagraph (A) 

5 who are Native American shall receive a pref6 erence in the selection process for appointment 

7 to the Commission under paragraph (1). 

8 (C) SUBMISSION TO CONGRESS.—Not later 

9 than 7 days after the submission deadline for 

10 nominations described in subparagraph (A), the 

11 Secretary of the Interior shall submit to Con12 gress a list of the individuals nominated under 

13 that subparagraph. 

14 (3) DATE.—Members of the Commission under 

15 paragraph (1) shall be appointed not later than 180 

16 days after the date of the enactment of this Act. 

17 (4) PERIOD OF APPOINTMENT; VACANCIES; RE18 MOVAL.— 

19 (A) PERIOD OF APPOINTMENT.—A mem20 ber of the Commission shall be appointed for a 

21 term that is the shorter of— 

22 (i) 6 years; and 

23 (ii) the life of the Commission. 

24 (B) VACANCIES.—After all initial members 

25 of the Commission are appointed and the initial 


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1 business meeting of the Commission has been 

2 convened under subsection (c)(1), a single va3 cancy in the Commission— 

4 (i) shall not affect the powers of the 

5 Commission; and 

6 (ii) shall be filled within 90 days in 

7 the same manner as was the original ap8 pointment. 

9 (C) REMOVAL.—A quorum of members of 

10 the Commission may remove a member of the 

11 Commission only for neglect of duty or malfea12 sance. 

13 (5) TERMINATION.—The Commission shall ter14 minate 6 years after the date of the enactment of 

15 this Act. 

16 (6) LIMITATION.—No member of the Commis17 sion shall be an officer or employee of the Federal 

18 Government. 

19 (c) BUSINESS MEETINGS.— 

20 (1) INITIAL BUSINESS MEETING.—90 days after 

21 the date on which all of the members of the Com22 mission are appointed under subsection (b)(1)(A), 

23 the Commission shall hold the initial business meet24 ing of the Commission— 


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1 (A) to appoint a Chairperson, a Vice 

2 Chairperson, a Secretary, and such other posi3 tions as determined necessary by the Commis4 sion; 

5 (B) to establish rules for meetings of the 

6 Commission; and 

7 (C) to appoint members of— 

8 (i) the Survivors Truth and Healing 

9 Subcommittee under section 121(b)(1); 

10 and 

11 (ii) the Native American Truth and 

12 Healing Advisory Committee under section 

13 201(b)(1). 

14 (2) SUBSEQUENT BUSINESS MEETINGS.—After 

15 the initial business meeting of the Commission is 

16 held under paragraph (1), the Commission shall 

17 meet at the call of the Chairperson. 

18 (3) ADVISORY AND SUBCOMMITTEE COMMIT19 TEES DESIGNEES.—Each Commission business 

20 meeting shall include participation by 2 non-voting 

21 designees from each of the Survivors Truth and 

22 Healing Subcommittee, the Native American Truth 

23 and Healing Advisory Committee, and the Federal 

24 Truth and Healing Advisory Committee, as ap25 pointed in accordance with section 121(c)(1)(D), 


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1 section 201(e)(1)(C), and section 211(c)(1)(C), as 

2 applicable. 

3 (4) FORMAT OF MEETINGS.—A business meet4 ing of the Commission may be conducted in-person, 

5 virtually, or via phone. 

6 (5) QUORUM REQUIRED.—A business meeting 

7 of the Commission may only be held once a quorum, 

8 established in accordance with subsection (d), is 

9 present. 

10 (d) QUORUM.—A simple majority of the members of 

11 the Commission present shall constitute a quorum for a 

12 business meeting. 

13 (e) RULES.—The Commission may establish, by a 

14 majority vote, any rules for the conduct of Commission 

15 business, in accordance with this section and other appli16 cable law. 

17 (f) COMMISSION PERSONNEL MATTERS.— 

18 (1) COMPENSATION OF COMMISSIONERS.—A 

19 member of the Commission shall be compensated at 

20 a daily equivalent of the annual rate of basic pay 

21 prescribed for grade 14 of the General Schedule 

22 under section 5332 of title 5, United States Code, 

23 for each day, not to exceed 14 days per month, for 

24 which a member is engaged in the performance of 

25 their duties under this Act, limited to convening 


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1 meetings, including public or private meetings to re2 ceive testimony in furtherance of the duties of the 

3 Commission and the purposes of this Act. 

4 (2) TRAVEL EXPENSES.—A member of the 

5 Commission shall be allowed travel expenses, includ6 ing per diem in lieu of subsistence, at rates author7 ized for employees of agencies under subchapter I of 

8 chapter 57 of title 5, United States Code, while 

9 away from their homes or regular places of business 

10 in the performance of services for the Commission. 

11 (3) DETAIL OF GOVERNMENT EMPLOYEES.— 

12 Any Federal Government employee, with the ap13 proval of the head of the appropriate Federal agency 

14 and at the request of the Commission, may be de15 tailed to the Commission without— 

16 (A) reimbursement to the agency of that 

17 employee; and 

18 (B) interruption or loss of civil service sta19 tus, benefits, or privileges. 

20 (g) POWERS OF COMMISSION.— 

21 (1) HEARINGS AND EVIDENCE.—The Commis22 sion may, for the purpose of carrying out this Act— 

23 (A) hold such hearings and sit and act at 

24 such times and places, take such testimony, and 

25 receive such evidence, virtually or in-person, as 


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1 the Commission may determine necessary to ac2 complish the purposes of this Act; 

3 (B) conduct or request such interdiscipli4 nary research, investigation, or analysis of such 

5 information and documents, records, or other 

6 evidence as the Commission may determine nec7 essary to accomplish the purposes of this Act, 

8 including— 

9 (i) securing, directly from a Federal 

10 agency, such information as the Commis11 sion considers necessary to accomplish the 

12 purposes of this Act; and 

13 (ii) requesting the head of any rel14 evant Tribal or State agency to provide to 

15 the Commission such information as the 

16 Commission considers necessary to accom17 plish the purposes of this Act; 

18 (C) subject to paragraphs (1) and (2) of 

19 subsection (i), require, by subpoena or other20 wise, the production of such records, papers, 

21 correspondence, memoranda, documents, books, 

22 videos, oral histories, recordings, or any other 

23 paper or electronic material, as the Commission 

24 may determine necessary to accomplish the pur25 poses of this Act; 


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1 (D) oversee, direct, and collaborate with 

2 the Federal Truth and Healing Advisory Com3 mittee, the Native American Truth and Healing 

4 Advisory Committee, and the Survivors Truth 

5 and Healing Subcommittee to accomplish the 

6 purposes of this Act; and 

7 (E) coordinate with Federal and non-Fed8 eral entities to preserve and archive, as appro9 priate, any gifts, documents, or other property 

10 received while carrying out the purposes of this 

11 Act. 

12 (2) CONTRACTING; VOLUNTEER SERVICES.— 

13 (A) CONTRACTING.—The Commission 

14 may, to such extent and in such amounts as are 

15 provided in appropriations Acts, and in accord16 ance with applicable law, enter into contracts 

17 and other agreements with public agencies, pri18 vate organizations, and individuals to enable the 

19 Commission to carry out the duties of the Com20 mission under this Act. 

21 (B) VOLUNTEER AND UNCOMPENSATED

22 SERVICES.—Notwithstanding section of title 31, 

23 United States Code, the Commission may ac24 cept and use such voluntary and uncompenVerDate Sep 11 2014 00:00 Feb 08, 2024 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H7227.IH H7227

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1 sated services as the Commission determines to 

2 be necessary. 

3 (C) GENERAL SERVICES ADMINISTRA4 TION.—The Administrator of General Services 

5 shall provide, on request of the Commission, on 

6 a reimbursable basis, administrative support 

7 and other services for the performance of the 

8 functions of the Commission under this Act. 

9 (3) POSTAL SERVICES.—The Commission may 

10 use the United States mails in the same manner and 

11 under the same conditions as other agencies of the 

12 Federal Government. 

13 (4) GIFTS, FUNDRAISING, AND DISBURSE14 MENT.— 

15 (A) GIFTS AND DONATIONS.— 

16 (i) IN GENERAL.—The Commission 

17 may accept, use, and dispose of any gift, 

18 donation, service, property, or other record 

19 or recording to accomplish the purposes of 

20 this Act. 

21 (ii) RETURN OF GIFTS AND DONA22 TIONS.—On termination of the Commis23 sion under subsection (b)(5), any gifts, 

24 unspent donations, property, or other 


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1 record or recording accepted by the Com2 mission under clause (i) shall be— 

3 (I) returned to the applicable 

4 donor that made the donation under 

5 that clause; or 

6 (II) archived under subparagraph 

7 (E). 

8 (B) FUNDRAISING.—The Commission may, 

on the affirmative vote of 3 9 ⁄5 of the members of 

10 the Commission, solicit funds to accomplish the 

11 purposes of this Act. 

12 (C) DISBURSEMENT.—The Commission 

may, on the affirmative vote of 3 13 ⁄5 of the mem14 bers of the Commission, approve the expendi15 ture of funds to accomplish the purposes of this 

16 Act. 

17 (D) TAX DOCUMENTS.—The Commission 

18 (or a designee) shall, on request of a donor 

19 under subparagraph (A) or (B), provide tax 

20 documentation to that donor for any tax-de21 ductible gift made by that donor under those 

22 subparagraphs. 

23 (E) ARCHIVING.—The Commission shall 

24 coordinate with the Library of Congress and 

25 the National Museum of the American Indian 


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1 to archive and preserve relevant gifts or dona2 tions received under subparagraph (A) or (B). 

3 (h) CONVENING.— 

4 (1) CONVENING PROTOCOL.— 

5 (A) IN GENERAL.—Not later than 45 days 

6 after the initial business meeting of the Native 

7 American Truth and Healing Advisory Com8 mittee, the Commission, 3 designees from the 

9 Native American Truth and Healing Advisory 

10 Committee, and 3 designees from the Survivors 

11 Truth and Healing Subcommittee shall hold a 

12 meeting to establish rules, protocols, and for13 mats for convenings carried out under this sub14 section. 

15 (B) RULES AND PROTOCOLS.—Not later 

16 than 45 days after the initial meeting described 

17 in subparagraph (A), the Commission shall fi18 nalize rules, protocols, and formats for 

19 convenings carried out under this subsection by 

a 3 20 ⁄5 majority in attendance at a meeting of the 

21 Commission. 

22 (C) ADDITIONAL MEETINGS.—The Com23 mission and designees described in subpara24 graph (A) may hold additional meetings, as 

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1 tendance at a meeting of the Commission, the 

2 rules, protocols, and formats for convenings es3 tablished under that subparagraph. 

4 (2) ANNOUNCEMENT OF CONVENINGS.—Not 

5 later than 30 days before the date of a convening 

6 under this subsection, the Commission shall an7 nounce the location and details of the convening. 

8 (3) MINIMUM NUMBER OF CONVENINGS.—The 

9 Commission shall hold— 

10 (A) not fewer than 1 convening in each of 

11 the 12 regions of the Bureau of Indian Affairs 

12 and Hawai’i during the life of the Commission; 

13 and 

14 (B) beginning 1 year after the date of the 

15 enactment of this Act, not fewer than 1 con16 vening per quarter to receive testimony each 

17 calendar year until the date on which the Com18 mission submits the final report of the Commis19 sion under section 111(e)(3). 

20 (4) OPPORTUNITY TO PROVIDE TESTIMONY.— 

21 No person or entity shall be denied the opportunity 

22 to provide relevant testimony at a convenings held 

23 under this subsection, subject to the discretion of 

24 the Chairperson of the Commission (or a designee). 

25 (i) SUBPOENAS.— 


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1 (1) IN GENERAL.— 

2 (A) ISSUANCE OF SUBPOENAS.— 

3 (i) IN GENERAL.—If a person fails to 

4 supply information requested by the Com5 mission, the Commission may issue, on a 

6 unanimous vote of the Commission, a sub7 poena requiring from a person the produc8 tion of any written or recorded evidence 

9 necessary to carry out the duties of the 

10 Commission under section 111. 

11 (ii) NOTIFICATION.— 

12 (I) IN GENERAL.—Not later than 

13 10 days before the date on which the 

14 Commission issues a subpoena under 

15 clause (i), the Commission shall sub16 mit to the Attorney General a con17 fidential, written notice of the intent 

18 to issue the subpoena. 

19 (II) SUBPOENA PROHIBITED BY

20 ATTORNEY GENERAL.— 

21 (aa) IN GENERAL.—The At22 torney General, on receiving a 

23 notice under subclause (I), may, 

24 on a showing of a procedural or 

25 substantive defect, and after the 


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1 Commission has a reasonable op2 portunity to cure, prohibit the 

3 issuance of the applicable sub4 poena described in that notice. 

5 (bb) NOTIFICATION TO CON6 GRESS.—On prohibition of the 

7 issuance of a subpoena under 

8 item (aa), the Attorney General 

9 shall submit to Congress a report 

10 detailing the reasons for that 

11 prohibition. 

12 (B) PRODUCTION OF EVIDENCE.—The 

13 production of evidence may be required from 

14 any place within the United States. 

15 (2) FAILURE TO OBEY A SUBPOENA.— 

16 (A) ORDER FROM A DISTRICT COURT OF

17 THE UNITED STATES.—If a person does not 

18 obey a subpoena issued under paragraph (1), 

19 the Commission is authorized to apply to a dis20 trict court of the United States described in 

21 subparagraph (B) for an order requiring that 

22 person to comply with the subpoena. 

23 (B) LOCATION.—An application under sub24 paragraph (A) may be made within the judicial 


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1 district where the person described in that sub2 paragraph resides or transacts business. 

3 (C) PENALTY.—Any failure to obey an 

4 order of a court described in subparagraph (A) 

5 may be punished by the court as a civil con6 tempt. 

7 (3) SUBJECT MATTER JURISDICTION.—The dis8 trict court of the United States in which an action 

9 is brought under paragraph (2)(B) shall have origi10 nal jurisdiction over any civil action brought by the 

11 Commission to enforce, secure a declaratory judg12 ment concerning the validity of, or prevent a threat13 ened refusal or failure to comply with the applicable 

14 subpoena issued by the Commission. 

15 (4) SERVICE OF SUBPOENAS.—The subpoenas 

16 of the Commission shall be served in the manner 

17 provided for subpoenas issued by a district court of 

18 the United States under the Federal Rules of Civil 

19 Procedure. 

20 (5) SERVICE OF PROCESS.—All process of any 

21 court to which an application is made under para22 graph (2) may be served in the judicial district in 

23 which the person required to be served resides or 

24 transacts business. 

25 (j) NONDISCLOSURE.— 


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1 (1) PRIVACY ACT OF 1974 APPLICABILITY.— 

2 Subsection (b) of section 552a of title 5, United 

3 States Code (commonly known as the ‘‘Privacy Act 

4 of 1974’’), shall not apply to the Commission. 

5 (2) FREEDOM OF INFORMATION ACT APPLICA6 BILITY.—Records and other communications pro7 vided to, from, between, or within the Commission, 

8 the Federal Truth and Healing Advisory Committee, 

9 the Native American Truth and Healing Advisory 

10 Committee, the Survivors Truth and Healing Sub11 committee, and related agencies shall be exempt 

12 from disclosure under subsection (b)(3)(B) of section 

13 552 of title 5, United States Code (commonly known 

14 as the ‘‘Freedom of Information Act’’). 

15 (3) FEDERAL ADVISORY COMMITTEE ACT AP16 PLICABILITY.—Chapter 10 of title 5, United States 

17 Code (commonly known as the ‘‘Federal Advisory 

18 Committee Act’’), shall not apply to the Commission. 

19 (k) CONSULTATION OR ENGAGEMENT WITH NATIVE

20 AMERICANS, INDIAN TRIBES, TRIBAL ORGANIZATIONS, 

21 THE OFFICE OF HAWAIIAN AFFAIRS, AND NATIVE HA22 WAIIAN ORGANIZATIONS.—In carrying out the duties of 

23 the Commission under section 111, the Commission shall 

24 meaningfully consult or engage, as appropriate, in a timely 

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1 ganizations, the Office of Hawaiian Affairs, and Native 

2 Hawaiian organizations. 

3 (l) AUTHORIZATION OF APPROPRIATIONS.—For each 

4 fiscal year that the Commission is operational, there is au5 thorized to be appropriated $15,000,000 to the Commis6 sion to carry out this Act. Amounts appropriated pursuant 

7 to this authorization shall be derived and transferred from 

8 the unexpired, unobligated balances of all amounts made 

9 available to the Indian Health Service to prevent, prepare 

10 for, or respond to coronavirus. 

11 (m) RESCISSION.—Of the unobligated balances of 

12 funds made available by section 11001 of Public Law 

13 117–2, $90,000,000 are hereby permanently rescinded. 

14 Subtitle B—Duties of the 

15 Commission 

16 SEC. 111. DUTIES OF THE COMMISSION. 

17 (a) INVESTIGATION.— 

18 (1) IN GENERAL.—The Commission shall con19 duct a comprehensive interdisciplinary investigation 

20 of Indian Boarding School Policies, including the so21 cial, cultural, economic, emotional, and physical ef22 fects of Indian Boarding School Policies in the 

23 United States on Native American communities, In24 dian Tribes, survivors of Indian Boarding Schools, 

25 families of those survivors, and their descendants. 


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1 (2) MATTERS TO BE INVESTIGATED.—The mat2 ters to be investigated by the Commission under 

3 paragraph (1) shall include, at a minimum— 

4 (A) conducting a comprehensive review of 

5 existing research and historical records of In6 dian Boarding School Policies and any docu7 mentation, scholarship, or other resources rel8 evant to the purposes of this Act from— 

9 (i) any archive or any other document 

10 storage location, notwithstanding the loca11 tion of that archive or document storage 

12 location; and 

13 (ii) any research conducted by private 

14 individuals, private entities, and non-Fed15 eral Government entities, whether domestic 

16 or foreign, including religious institutions; 

17 (B) collaborating with the Federal Truth 

18 and Healing Advisory Committee to obtain all 

19 relevant information from— 

20 (i) the Department of the Interior, the 

21 Department of Health and Human Serv22 ices, other relevant Federal agencies, and 

23 institutions or organizations, including reli24 gious institutions or organizations, that op25 erated an Indian Boarding School, carried 


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1 out Indian Boarding School Policies, or 

2 have information the Commission deter3 mines relevant to the investigation of the 

4 Commission; and 

5 (ii) Indian Tribes, Tribal organiza6 tions, Native Americans, the Office of Ha7 waiian Affairs, and Native Hawaiian orga8 nizations; and 

9 (C) conducting a comprehensive assess10 ment of the impacts of Indian Boarding School 

11 Policies on American Indian, Alaska Native, 

12 and Native Hawaiian cultures, traditions, and 

13 languages. 

14 (3) RESEARCH RELATED TO OBJECTS, ARTI15 FACTS, AND REAL PROPERTY.—If the Commission 

16 conducts a comprehensive review of research de17 scribed in paragraph (2)(A)(ii) that focuses on ob18 jects, artifacts, or real or personal property that are 

19 in the possession or control of private individuals, 

20 private entities, or non-Federal Government entities 

21 within the United States, the Commission may enter 

22 into a contract or agreement to acquire, hold, cu23 rate, or maintain those objects, artifacts, or real or 

24 personal property until the objects, artifacts, or real 

25 or personal property can be properly repatriated or 


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1 returned, consistent with applicable Federal law and 

2 regulations, subject to the condition that no Federal 

3 funds may be used to purchase those objects, arti4 facts, or real or personal property. 

5 (b) MEETINGS AND CONVENINGS.— 

6 (1) IN GENERAL.—The Commission shall hold, 

7 with the advice of the Native American Truth and 

8 Healing Advisory Committee and the Survivors 

9 Truth and Healing Subcommittee, and in coordina10 tion with, as relevant, Indian Tribes, Tribal organi11 zations, the Office of Hawaiian Affairs, and Native 

12 Hawaiian organizations, as part of its investigation 

13 under subsection (a), safe, trauma-informed, and 

14 culturally appropriate public or private meetings or 

15 convenings to receive testimony relating to that in16 vestigation. 

17 (2) REQUIREMENTS.—The Commission shall 

18 ensure that meetings and convenings held under 

19 paragraph (1) provide access to adequate trauma-in20 formed care services for participants, attendees, and 

21 communities during and following the meetings and 

22 convenings where the Commission receives testi23 mony, including ensuring private space is available 

24 for survivors and descendants of survivors, family 


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1 members, and other community members to receive 

2 trauma-informed care services. 

3 (c) RECOMMENDATIONS.— 

4 (1) IN GENERAL.—The Commission shall make 

5 recommendations to Congress relating to the inves6 tigation carried out under subsection (a), which shall 

7 be included in the final report required under sub8 section (e)(3). 

9 (2) INCLUSIONS.—Recommendations made 

10 under paragraph (1) shall include, at a minimum, 

11 recommendations relating to— 

12 (A) in light of Tribal and Native Hawaiian 

13 law, Tribal customary law, tradition, custom, 

14 and practice, how the Federal Government can 

15 meaningfully acknowledge the role of the Fed16 eral Government in supporting Indian Boarding 

17 School Policies in all issue areas that the Com18 mission determines relevant, including appro19 priate forms of memorialization, preservation of 

20 records, objects, artifacts, and burials; 

21 (B) how modification of existing laws, pro22 cedures, regulations, policies, budgets, and 

23 practices will, in the determination of the Com24 mission, address the findings of the Commission 


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1 and ongoing effects of Indian Boarding School 

2 Policies; and 

3 (C) how the Federal Government can pro4 mote public awareness and education of Indian 

5 Boarding School Policies and the impacts of 

6 those policies, including through coordinating 

7 with the Native American Truth and Healing 

8 Advisory Committee, the Survivors Truth and 

9 Healing Subcommittee, the National Museum 

10 of the American Indian, and other relevant in11 stitutions and organizations. 

12 (d) DUTIES RELATED TO BURIALS.—The Commis13 sion shall, with respect to burial sites associated with In14 dian Boarding Schools— 

15 (1) coordinate, as appropriate, with the Native 

16 American Truth and Healing Advisory Committee, 

17 the Federal Truth and Healing Advisory Committee, 

18 the Survivors Truth and Healing Subcommittee, lin19 eal descendants, Indian Tribes, the Office of Hawai20 ian Affairs, Federal agencies, institutions, and orga21 nizations to locate and identify, in a culturally ap22 propriate manner, marked and unmarked burial 

23 sites, including cemeteries, unmarked graves, and 

24 mass burial sites, where students of Indian Boarding 

25 Schools were originally or later interred; 


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1 (2) locate, document, analyze, and coordinate 

2 the preservation or continued preservation of records 

3 and information relating to the interment of stu4 dents, including any records held by Federal, State, 

5 international, or local entities or religious institu6 tions or organizations; and 

7 (3) share, to the extent practicable, with af8 fected lineal descendants, Indian Tribes, and the Of9 fice of Hawaiian Affairs burial locations and the 

10 identities of children that attended Indian Boarding 

11 Schools. 

12 (e) REPORTS.— 

13 (1) ANNUAL REPORTS TO CONGRESS.—Not less 

14 frequently than annually each year until the year be15 fore the year in which the Commission expires, the 

16 Commission shall submit to the Committee on In17 dian Affairs of the Senate and the Committee on 

18 Natural Resources of the House of Representatives 

19 a report that describes the activities of the Com20 mittee during the previous year, including an ac21 counting of funds and gifts received and expendi22 tures made, the progress made, and any barriers en23 countered in carrying out this Act. 

24 (2) COMMISSION INITIAL REPORT.—Not later 

25 than 4 years after the date on which a majority of 


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1 the members of the Commission are appointed under 

2 section 101(b)(1), the Commission shall submit to 

3 the individuals described in paragraph (4), and 

4 make publicly available, an initial report con5 taining— 

6 (A) a detailed review of existing research, 

7 including documentation, scholarship, or other 

8 resources shared with the Commission that fur9 ther the purposes of this Act; 

10 (B) a detailed statement of the initial find11 ings and conclusions of the Commission; and 

12 (C) a detailed statement of the initial rec13 ommendations of the Commission. 

14 (3) COMMISSION FINAL REPORT.—Before the 

15 expiration of the Commission, the Commission shall 

16 submit to the individuals described in paragraph (4), 

17 and make publicly available, a final report con18 taining the findings, conclusions, and recommenda19 tions of the Commission that have been agreed on 

20 by the vote of a majority of the members of the 

Commission and 3 21 ⁄5 of the members of each of the 

22 Native American Truth and Healing Advisory Com23 mittee and the Survivors Truth and Healing Sub24 committee. 


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1 (4) REPORT RECIPIENTS.—The individuals re2 ferred to in paragraphs (2) and (3) are— 

3 (A) the President; 

4 (B) the Secretary of the Interior; 

5 (C) the Attorney General; 

6 (D) the Comptroller General of the United 

7 States; 

8 (E) the Secretary of Education; 

9 (F) the Secretary of Health and Human 

10 Services; 

11 (G) the Secretary of Defense; 

12 (H) the Chairperson and Vice Chairperson 

13 of the Committee on Indian Affairs of the Sen14 ate; 

15 (I) the Chairperson and Ranking Member 

16 of the Committee on Natural Resources of the 

17 House of Representatives; 

18 (J) the Co-Chairs of the Congressional Na19 tive American Caucus; 

20 (K) the Executive Director of the White 

21 House Council on Native American Affairs; 

22 (L) the Director of the Office of Manage23 ment and Budget; 

24 (M) the Archivist of the United States; 

25 (N) the Librarian of Congress; and 


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1 (O) the Director of the National Museum 

2 of the American Indian. 

3 (5) ADDITIONAL COMMISSION RESPONSIBIL4 ITIES RELATING TO THE PUBLICATION OF THE INI5 TIAL AND FINAL REPORTS.— 

6 (A) EVENTS RELATING TO INITIAL RE7 PORT.— 

8 (i) IN GENERAL.—The Commission 

9 shall hold not fewer than 2 events in each 

10 region of the Bureau of Indian Affairs and 

11 Hawai’i following publication of the initial 

12 report under paragraph (2) to receive com13 ments on the initial report. 

14 (ii) TIMING.—The schedule of events 

15 referred to in clause (i) shall be announced 

16 not later than 90 days after the date on 

17 which the initial report under paragraph 

18 (6) is published. 

19 (B) PUBLICATION OF FINAL REPORT.— 

20 Not later than 180 days after the date on which 

21 the Commission submits the final report under 

22 paragraph (3), the Commission, the Secretary 

23 of the Interior, the Secretary of Education, the 

24 Secretary of Defense, and the Secretary of 

25 Health and Human Services shall each make 


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1 the final report publicly available on the website 

2 of the applicable agency. 

3 (6) SECRETARIAL RESPONSE TO FINAL RE4 PORT.—Not later than 120 days after the date on 

5 which the Secretary of the Interior, the Secretary of 

6 Education, the Secretary of Defense, and the Sec7 retary of Health and Human Services receive the 

8 final report under paragraph (3), the Secretaries 

9 shall each make publicly available a written response 

10 to recommendations for future action by those agen11 cies, if any, contained in the final report, and submit 

12 the written response to— 

13 (A) the President; 

14 (B) the Committee on Indian Affairs of the 

15 Senate; 

16 (C) the Committee on Natural Resources 

17 of the House of Representatives; and 

18 (D) the Comptroller General of the United 

19 States. 


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1 Subtitle C—Survivors Truth and 

2 Healing Subcommittee 

3 SEC. 121. SURVIVORS TRUTH AND HEALING SUB4 COMMITTEE. 

5 (a) ESTABLISHMENT.—There is established a sub6 committee of the Commission, to be known as the ‘‘Sur7 vivors Truth and Healing Subcommittee’’. 

8 (b) MEMBERSHIP, NOMINATION, AND APPOINTMENT

9 TO THE SURVIVORS TRUTH AND HEALING SUB10 COMMITTEE.— 

11 (1) MEMBERSHIP.—The Survivors Truth and 

12 Healing Subcommittee shall include 15 members, to 

13 be appointed by the Commission, in consultation 

14 with the National Native American Boarding School 

15 Healing Coalition, from among the nominees sub16 mitted under paragraph (2)(A), of whom— 

17 (A) 13 shall be representatives from each 

18 of the 12 regions of the Bureau of Indian Af19 fairs and Hawai’i; 

20 (B) 9 shall be individuals who attended an 

21 Indian Boarding School, of whom— 

22 (i) not fewer than 2 shall be individ23 uals who graduated during the 5-year pe24 riod preceding the date of the enactment of 

25 this Act from— 


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1 (I) an Indian Boarding School in 

2 operation as of that date of the enact3 ment; or 

4 (II) a Bureau of Indian Edu5 cation-funded school; and 

6 (ii) all shall represent diverse regions 

7 of the United States; 

8 (C) 5 shall be descendants of individuals 

9 who attended Indian Boarding Schools, who 

10 shall represent diverse regions of the United 

11 States; and 

12 (D) 1 shall be an educator who, as of the 

13 date of the appointment— 

14 (i) is employed at an Indian Boarding 

15 School; or 

16 (ii) was employed at an Indian Board17 ing School during the 5-year period pre18 ceding the date of the enactment of this 

19 Act. 

20 (2) NOMINATIONS.— 

21 (A) IN GENERAL.—Indian Tribes, Tribal 

22 organizations, Native Americans, the Office of 

23 Hawaiian Affairs, and Native Hawaiian organi24 zations may submit to the Secretary of the In25 terior nominations for individuals to be apVerDate Sep 11 2014 00:00 Feb 08, 2024 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H7227.IH H7227

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1 pointed to the Survivors Truth and Healing 

2 Subcommittee not later than 90 days after the 

3 date of the enactment of this Act. 

4 (B) SUBMISSION.—The Secretary of the 

5 Interior shall provide the Commission with 

6 nominations submitted under subparagraph (A) 

7 at the initial business meeting of the Commis8 sion under section 101(c)(1) and the Commis9 sion shall select the members of the Survivors 

10 Truth and Healing Subcommittee from among 

11 those nominees. 

12 (3) DATE.— 

13 (A) IN GENERAL.—The Commission shall 

14 appoint all members of the Survivors Truth and 

15 Healing Subcommittee during the initial busi16 ness meeting of the Commission under section 

17 101(c)(1). 

18 (B) FAILURE TO APPOINT.—If the Com19 mission fails to appoint all members of the Sur20 vivors Truth and Healing Subcommittee in ac21 cordance with subparagraph (A), the Chair of 

22 the Committee on Indian Affairs of the Senate, 

23 with the concurrence of the Vice Chair of the 

24 Committee on Indian Affairs of the Senate, 

25 shall appoint individuals, in accordance with the 


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1 requirements of paragraph (1), to all vacant po2 sitions of the Survivors Truth and Healing Sub3 committee not later than 30 days after the date 

4 of the initial business meeting of the Commis5 sion under section 101(c)(1). 

6 (4) PERIOD OF APPOINTMENT; VACANCIES; RE7 MOVAL.— 

8 (A) PERIOD OF APPOINTMENT.—A mem9 ber of the Survivors Truth and Healing Sub10 committee shall be appointed for an automati11 cally renewable term of 2 years. 

12 (B) VACANCIES.— 

13 (i) IN GENERAL.—A member of the 

14 Survivors Truth and Healing Sub15 committee may self-vacate the position at 

16 any time and for any reason. 

17 (ii) EFFECT; FILLING OF VACANCY.— 

18 A vacancy in the Survivors Truth and 

19 Healing Subcommittee— 

20 (I) shall not affect the powers of 

21 the Survivors Truth and Healing Sub22 committee if a simple majority of the 

23 positions of the Survivors Truth and 

24 Healing Subcommittee are filled; and 


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1 (II) shall be filled within 90 days 

2 in the same manner as was the origi3 nal appointment. 

4 (C) REMOVAL.—A quorum of members of 

5 the Commission may remove a member of the 

6 Survivors Truth and Healing Subcommittee 

7 only for neglect of duty or malfeasance. 

8 (5) TERMINATION.—The Survivors Truth and 

9 Healing Subcommittee shall terminate 90 days after 

10 the date on which the Commission submits the final 

11 report required under section 111(e)(3). 

12 (6) LIMITATION.—No member of the Survivors 

13 Truth and Healing Subcommittee shall be an officer 

14 or employee of the Federal Government. 

15 (c) BUSINESS MEETINGS.— 

16 (1) INITIAL MEETING.—Not later 30 days after 

17 the date on which all members of the Survivors 

18 Truth and Healing Subcommittee are appointed 

19 under subsection (b)(1), the Survivors Truth and 

20 Healing Subcommittee shall hold an initial business 

21 meeting— 

22 (A) to appoint— 

23 (i) a Chairperson, who shall also serve 

24 as the Vice Chairperson of the Federal 

25 Truth and Healing Advisory Committee; 


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1 (ii) a Vice Chairperson, who shall also 

2 serve as the Vice Chairperson of the Na3 tive American Truth and Healing Advisory 

4 Committee; and 

5 (iii) a Secretary; 

6 (B) to establish, with the advice of the 

7 Commission, rules for the Survivors Truth and 

8 Healing Subcommittee; 

9 (C) to appoint 3 designees to fulfill the re10 sponsibilities described in section 101(h)(1)(A); 

11 and 

12 (D) to appoint, with the advice of the 

13 Commission, 2 members of the Survivors Truth 

14 and Healing Subcommittee to serve as non-vot15 ing designees on the Commission in accordance 

16 with section 101(c)(3). 

17 (2) SUBSEQUENT BUSINESS MEETINGS.—After 

18 the initial business meeting of the Survivors Truth 

19 and Healing subcommittee is held under paragraph 

20 (1), the Survivors Truth and Healing Subcommittee 

21 shall meet at the call of the Chairperson. 

22 (3) FORMAT OF BUSINESS MEETINGS.—A busi23 ness meeting of the Survivors Truth and Healing 

24 Subcommittee may be conducted in-person, virtually, 

25 or via phone. 


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1 (4) QUORUM REQUIRED.—A business meeting 

2 of the Survivors Truth and Healing Subcommittee 

3 may only be held once a quorum, established in ac4 cordance with subsection (d), is present. 

5 (d) QUORUM.—A simple majority of the members of 

6 the Survivors Truth and Healing Subcommittee present 

7 shall constitute a quorum for a business meeting. 

8 (e) RULES.—The Survivors Truth and Healing Sub9 committee, with the advice of the Commission, may estab10 lish, by a majority vote, any rules for the conduct of busi11 ness, in accordance with this section and other applicable 

12 law. 

13 (f) DUTIES.—The Survivors Truth and Healing Sub14 committee shall assist the Commission, the Native Amer15 ican Truth and Healing Advisory Committee, and the Fed16 eral Truth and Healing Advisory Committee in coordi17 nating public and private convenings, including— 

18 (1) providing advice to the Commission on de19 veloping criteria and protocols for convenings; 

20 (2) providing advice and evaluating Committee 

21 recommendations relating to the commemoration 

22 and public education relating to Indian Boarding 

23 Schools and Indian Boarding School Policies; and 

24 (3) providing such other advice as may be re25 quired by the Commission. 


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1 (g) CONSULTATION OR ENGAGEMENT WITH NATIVE

2 AMERICANS, INDIAN TRIBES, TRIBAL ORGANIZATIONS, 

3 THE OFFICE OF HAWAIIAN AFFAIRS, AND NATIVE HA4 WAIIAN ORGANIZATIONS.—In carrying out the duties of 

5 the Survivors Truth and Healing Subcommittee under 

6 subsection (f), the Survivors Truth and Healing Sub7 committee shall meaningfully consult or engage, as appro8 priate, in a timely manner with Native Americans, Indian 

9 Tribes, Tribal organizations, the Office of Hawaiian Af10 fairs, and Native Hawaiian organizations. 

11 (h) NONDISCLOSURE.— 

12 (1) PRIVACY ACT OF 1974 APPLICABILITY.— 

13 Subsection (b) of section 552a of title 5, United 

14 States Code (commonly known as the ‘‘Privacy Act 

15 of 1974’’), shall not apply to the Survivors Truth 

16 and Healing Subcommittee. 

17 (2) FREEDOM OF INFORMATION ACT APPLICA18 BILITY.—Records and other communications pro19 vided to, from, between, or within the Commission, 

20 the Federal Truth and Healing Advisory Committee, 

21 the Native American Truth and Healing Advisory 

22 Committee, the Survivors Truth and Healing Sub23 committee, and related agencies shall be exempt 

24 from disclosure under subsection (b)(3)(B) of section 


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1 552 of title 5, United States Code (commonly known 

2 as the ‘‘Freedom of Information Act’’). 

3 (3) FEDERAL ADVISORY COMMITTEE ACT AP4 PLICABILITY.—Chapter 10 of title 5, United States 

5 Code (commonly known as the ‘‘Federal Advisory 

6 Committee Act’’), shall not apply to the Survivors 

7 Truth and Healing Subcommittee. 

8 (i) PERSONNEL MATTERS.— 

9 (1) COMPENSATION OF MEMBERS.—A member 

10 of the Survivors Truth and Healing Subcommittee 

11 shall be compensated at a daily equivalent of the an12 nual rate of basic pay prescribed for grade 13 of the 

13 General Schedule under section 5332 of title 5, 

14 United States Code, for each day, not to exceed 14 

15 days per month, for which a member of the Sur16 vivors Truth and Healing Subcommittee is engaged 

17 in the performance of their duties under this Act 

18 limited to convening meetings, including public and 

19 private meetings to receive testimony in furtherance 

20 of the duties of the Survivors Truth and Healing 

21 Subcommittee and the purposes of this Act. 

22 (2) TRAVEL EXPENSES.—A member of the Sur23 vivors Truth and Healing Subcommittee shall be al24 lowed travel expenses, including per diem in lieu of 

25 subsistence, at rates authorized for employees of 


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1 agencies under subchapter I of chapter 57 of title 5, 

2 United States Code, while away from their homes or 

3 regular places of business in the performance of 

4 services for the Survivors Truth and Healing Sub5 committee. 

6 TITLE II—ADVISORY 

7 COMMITTEES 

8 Subtitle A—Native American Truth 

9 and Healing Advisory Committee 

10 SEC. 201. NATIVE AMERICAN TRUTH AND HEALING ADVI11 SORY COMMITTEE. 

12 (a) ESTABLISHMENT.—The Commission shall estab13 lish an advisory committee, to be known as the ‘‘Native 

14 American Truth and Healing Advisory Committee’’. 

15 (b) MEMBERSHIP, NOMINATION, AND APPOINTMENT

16 TO THE NATIVE AMERICAN TRUTH AND HEALING ADVI17 SORY COMMITTEE.— 

18 (1) MEMBERSHIP.— 

19 (A) IN GENERAL.—The Native American 

20 Truth and Healing Advisory Committee shall 

21 include 19 members, to be appointed by the 

22 Commission from among the nominees sub23 mitted under paragraph (2)(A), of whom— 

24 (i) 1 shall be the Vice Chairperson of 

25 the Commission, who shall serve as the 


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1 Chairperson of the Native American Truth 

2 and Healing Advisory Committee; 

3 (ii) 1 shall be the Vice Chairperson of 

4 the Survivors Truth and Healing Sub5 committee, who shall serve as the Vice 

6 Chairperson of the Native American Truth 

7 and Healing Advisory Committee; 

8 (iii) 1 shall be the Secretary of the In9 terior, or a designee, who shall serve as the 

10 Secretary of the Native American Truth 

11 and Healing Advisory Committee; 

12 (iv) 13 shall be representatives from 

13 each of the 12 regions of the Bureau of In14 dian Affairs and Hawai’i; 

15 (v) 1 shall represent the National Na16 tive American Boarding School Healing 

17 Coalition; 

18 (vi) 1 shall represent the National As19 sociation of Tribal Historic Preservation 

20 Officers; and 

21 (vii) 1 shall represent the National In22 dian Education Association. 

23 (B) ADDITIONAL REQUIREMENTS.—Not 

24 fewer than 2 members of the Native American 

25 Truth and Healing Advisory Committee shall 


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1 have experience with health care or mental 

2 health, traditional healing or cultural practices, 

3 counseling, or working with survivors, or de4 scendants of survivors, of Indian Boarding 

5 Schools to ensure that the Commission con6 siders culturally responsive support for sur7 vivors, families, and communities. 

8 (2) NOMINATIONS.— 

9 (A) IN GENERAL.—Indian Tribes, Tribal 

10 organizations, Native Americans, the Office of 

11 Hawaiian Affairs, and Native Hawaiian organi12 zations may submit to the Secretary of the In13 terior nominations for individuals to be ap14 pointed to the Native American Truth and 

15 Healing Advisory Committee not later than 90 

16 days after the date of the enactment of this 

17 Act. 

18 (B) SUBMISSION.—The Secretary of the 

19 Interior shall provide the Commission with 

20 nominations submitted under subparagraph (A) 

21 at the initial business meeting of the Commis22 sion under section 101(c)(1) and the Commis23 sion shall select the members of the Native 

24 American Truth and Healing Advisory Com25 mittee from among those nominees. 


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1 (3) DATE.— 

2 (A) IN GENERAL.—The Commission shall 

3 appoint all members of the Native American 

4 Truth and Healing Advisory Committee during 

5 the initial business meeting of the Commission 

6 under section 101(c)(1). 

7 (B) FAILURE TO APPOINT.—If the Com8 mission fails to appoint all members of the Na9 tive American Truth and Healing Advisory 

10 Committee in accordance with subparagraph 

11 (A), the Chair of the Committee on Indian Af12 fairs of the Senate, with the concurrence of the 

13 Vice Chair of the Committee on Indian Affairs 

14 of the Senate, shall appoint, in accordance with 

15 the requirements of paragraph (1), individuals 

16 to all vacant positions of the Native American 

17 Truth and Healing Advisory Committee not 

18 later than 30 days after the date of the initial 

19 business meeting of the Commission under sec20 tion 101(c)(1). 

21 (4) PERIOD OF APPOINTMENT; VACANCIES.— 

22 (A) PERIOD OF APPOINTMENT.—A mem23 ber of the Native American Truth and Healing 

24 Advisory Committee shall be appointed for an 

25 automatically renewable term of 2 years. 


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1 (B) VACANCIES.—A vacancy in the Native 

2 American Truth and Healing Advisory Com3 mittee— 

4 (i) shall not affect the powers of the 

5 Native American Truth and Healing Advi6 sory Committee if a simple majority of the 

7 positions of the Native American Truth 

8 and Healing Advisory Committee are filled; 

9 and 

10 (ii) shall be filled within 90 days in 

11 the same manner as was the original ap12 pointment. 

13 (5) TERMINATION.—The Native American 

14 Truth and Healing Advisory Committee shall termi15 nate 90 days after the date on which the Commis16 sion submits the final report required under section 

17 111(e)(3). 

18 (6) LIMITATION.—No member of the Native 

19 American Truth and Healing Advisory Committee 

20 (other than the member described in paragraph 

21 (1)(A)(iii)) shall be an officer or employee of the 

22 Federal Government. 

23 (c) QUORUM.—A simple majority of the members of 

24 the Native American Truth and Healing Committee shall 

25 constitute a quorum. 


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1 (d) REMOVAL.—A quorum of members of the Native 

2 American Truth and Healing Committee may remove an3 other member only for neglect of duty or malfeasance. 

4 (e) BUSINESS MEETINGS.— 

5 (1) INITIAL BUSINESS MEETING.—Not later 

6 than 30 days after the date on which all members 

7 of the Native American Truth and Healing Advisory 

8 Committee are appointed under subsection 

9 (b)(1)(A), the Native American Truth and Healing 

10 Advisory Committee shall hold an initial business 

11 meeting— 

12 (A) to establish rules for the Native Amer13 ican Truth and Healing Advisory Committee; 

14 (B) to appoint 3 designees to fulfill the re15 sponsibilities described in section 101(h)(1)(A); 

16 and 

17 (C) to appoint 2 members of the Native 

18 American Truth and Healing Advisory Com19 mittee to serve non-voting as designees on the 

20 Commission in accordance with section 

21 101(c)(3). 

22 (2) SUBSEQUENT BUSINESS MEETINGS.—After 

23 the initial business meeting of the Native American 

24 Truth and Healing Advisory Committee is held 

25 under paragraph (1), the Native American Truth 


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1 and Healing Advisory Committee shall meet at the 

2 call of the Chairperson. 

3 (3) FORMAT OF BUSINESS MEETINGS.—A meet4 ing of the Native American Truth and Healing Advi5 sory Committee may be conducted in-person, vir6 tually, or via phone. 

7 (4) QUORUM REQUIRED.—A business meeting 

8 of the Native American Truth and Healing Advisory 

9 Committee may only be held once a quorum, estab10 lished in accordance with subsection (c), is present. 

11 (f) RULES.—The Native American Truth and Heal12 ing Advisory Committee may establish, with the advice of 

13 the Commission, by a majority vote, any rules for the con14 duct of business, in accordance with this section and other 

15 applicable law. 

16 (g) DUTIES.—The Native American Truth and Heal17 ing Advisory Committee shall— 

18 (1) serve as an advisory body to the Commis19 sion; 

20 (2) assist the Commission in organizing and 

21 carrying out culturally appropriate public and pri22 vate convenings relating to the duties of the Com23 mission; 

24 (3) assist the Commission in determining what 

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1 tions and institutions may be necessary to fulfill the 

2 duties of the Commission; 

3 (4) assist the Commission in the production of 

4 the initial report and final report required under 

5 paragraphs (2) and (3), respectively, of section 

6 111(e); 

7 (5) coordinate with the Federal Truth and 

8 Healing Advisory Committee and the Survivors 

9 Truth and Healing Subcommittee; and 

10 (6) provide advice to, or fulfill such other re11 quests by, the Commission as the Commission may 

12 require to carry out the purposes described in sec13 tion 3. 

14 (h) CONSULTATION OR ENGAGEMENT WITH NATIVE

15 AMERICANS, INDIAN TRIBES, TRIBAL ORGANIZATIONS, 

16 THE OFFICE OF HAWAIIAN AFFAIRS, AND NATIVE HA17 WAIIAN ORGANIZATIONS.—In carrying out the duties of 

18 the Native American Truth and Healing Advisory Com19 mittee under subsection (g), the Native American Truth 

20 and Healing Advisory Committee shall meaningfully con21 sult or engage, as appropriate, in a timely manner with 

22 Native Americans, Indian Tribes, Tribal organizations, 

23 the Office of Hawaiian Affairs, and Native Hawaiian orga24 nizations. 

25 (i) NONDISCLOSURE.— 


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1 (1) PRIVACY ACT OF 1974 APPLICABILITY.— 

2 Subsection (b) of section 552a of title 5, United 

3 States Code (commonly known as the ‘‘Privacy Act 

4 of 1974’’), shall not apply to the Native American 

5 Truth and Healing Advisory Committee. 

6 (2) FREEDOM OF INFORMATION ACT APPLICA7 BILITY.—Records and other communications pro8 vided to, from, between, or within the Commission, 

9 the Federal Truth and Healing Advisory Committee, 

10 the Native American Truth and Healing Advisory 

11 Committee, the Survivors Truth and Healing Sub12 committee, and related agencies shall be exempt 

13 from disclosure under subsection (b)(3)(B) of section 

14 552 of title 5, United States Code (commonly known 

15 as the ‘‘Freedom of Information Act’’). 

16 (3) FEDERAL ADVISORY COMMITTEE ACT AP17 PLICABILITY.—Chapter 10 of title 5, United States 

18 Code (commonly known as the ‘‘Federal Advisory 

19 Committee Act’’), shall not apply to the Native 

20 American Truth and Healing Advisory Committee. 

21 (j) PERSONNEL MATTERS.— 

22 (1) COMPENSATION OF MEMBERS.—A member 

23 of the Native American Truth and Healing Advisory 

24 Committee shall be compensated at a daily equiva25 lent of the annual rate of basic pay prescribed for 


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1 grade 13 of the General Schedule under section 

2 5332 of title 5, United States Code, for each day, 

3 not to exceed 14 days per month, for which a mem4 ber is engaged in the performance of their duties 

5 under this Act, limited to convening meetings, in6 cluding public and private meetings to receive testi7 mony in furtherance of the duties of the Native 

8 American Truth and Healing Advisory Committee 

9 and the purposes of this Act. 

10 (2) TRAVEL EXPENSES.—A member of the Na11 tive American Truth and Healing Advisory Com12 mittee shall be allowed travel expenses, including per 

13 diem in lieu of subsistence, at rates authorized for 

14 employees of agencies under subchapter I of chapter 

15 57 of title 5, United States Code, while away from 

16 their homes or regular places of business in the per17 formance of services for the Native American Truth 

18 and Healing Advisory Committee. 

19 Subtitle B—Federal Truth and 

20 Healing Advisory Committee 

21 SEC. 211. FEDERAL TRUTH AND HEALING ADVISORY COM22 MITTEE. 

23 (a) ESTABLISHMENT.—There is established within 

24 the Department of the Interior an advisory committee, to 


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1 be known as the ‘‘Federal Truth and Healing Advisory 

2 Committee’’. 

3 (b) MEMBERSHIP AND APPOINTMENT TO THE FED4 ERAL TRUTH AND HEALING ADVISORY COMMITTEE.— 

5 (1) MEMBERSHIP.—The Federal Truth and 

6 Healing Advisory Committee shall include 17 mem7 bers, of whom— 

8 (A) 1 shall be the Chairperson of the Com9 mission, who shall serve as the Chairperson of 

10 the Federal Truth and Healing Advisory Com11 mittee; 

12 (B) 1 shall be the Chairperson of the Sur13 vivors Truth and Healing Subcommittee, who 

14 shall serve as the Vice Chairperson of the Fed15 eral Truth and Healing Advisory Committee; 

16 (C) 1 shall be the White House Domestic 

17 Policy Advisor, who shall serve as the Secretary 

18 of the Federal Truth and Healing Advisory 

19 Committee; 

20 (D) 1 shall be the Director of the Bureau 

21 of Trust Funds Administration (or a designee); 

22 (E) 1 shall be the Archivist of the United 

23 States (or a designee); 

24 (F) 1 shall be the Librarian of Congress 

25 (or a designee); 


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1 (G) 1 shall be the Director of the Depart2 ment of the Interior Library (or a designee); 

3 (H) 1 shall be the Director of the Indian 

4 Health Service (or a designee); 

5 (I) 1 shall be the Assistant Secretary for 

6 Mental Health and Substance Abuse of the De7 partment of Health and Human Services (or a 

8 designee); 

9 (J) 1 shall be the Commissioner of the Ad10 ministration for Native Americans of the De11 partment of Health and Human Services (or a 

12 designee); 

13 (K) 1 shall be the Director of the National 

14 Institutes of Health (or a designee); 

15 (L) 1 shall be the Senior Program Director 

16 of the Office of Native Hawaiian Relations of 

17 the Department of the Interior (or a designee); 

18 (M) 1 shall be the Director of the Office 

19 of Indian Education of the Department of Edu20 cation (or a designee); 

21 (N) 1 shall be the Director of the Rural, 

22 Insular, and Native American Achievement Pro23 grams of the Department of Education (or a 

24 designee); 


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1 (O) 1 shall be the Executive Director of 

2 the Advisory Council on Historic Preservation 

3 (or a designee); 

4 (P) 1 shall be the Assistant Secretary of 

5 Indian Affairs (or a designee); and 

6 (Q) 1 shall be the Director of the Bureau 

7 of Indian Education (or a designee). 

8 (2) PERIOD OF SERVICE; VACANCIES; RE9 MOVAL.— 

10 (A) PERIOD OF SERVICE.—A member of 

11 the Federal Truth and Healing Advisory Com12 mittee shall serve for an automatically renew13 able term of 2 years. 

14 (B) VACANCIES.—A vacancy in the Fed15 eral Truth and Healing Advisory Committee— 

16 (i) shall not affect the powers of the 

17 Federal Truth and Healing Advisory Com18 mittee if a simple majority of the positions 

19 of the Federal Truth and Healing Advisory 

20 Committee are filled; and 

21 (ii) shall be filled within 90 days in 

22 the same manner as was the original ap23 pointment. 

24 (C) REMOVAL.—A quorum of members of 

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1 mittee may remove a member of the Federal 

2 Truth and Healing Advisory Committee only 

3 for neglect of duty or malfeasance. 

4 (3) TERMINATION.—The Federal Truth and 

5 Healing Advisory Committee shall terminate 90 days 

6 after the date on which the Commission submits the 

7 final report required under section 111(e)(3). 

8 (c) BUSINESS MEETINGS.— 

9 (1) INITIAL BUSINESS MEETING.—Not later 

10 than 30 days after the date of the initial business 

11 meeting of the Commission under section 101(c)(1), 

12 the Federal Truth and Healing Advisory Committee 

13 shall hold an initial business meeting— 

14 (A) to establish rules for the Federal 

15 Truth and Healing Advisory Committee; and 

16 (B) to appoint 2 members of the Federal 

17 Truth and Healing Advisory Committee to 

18 serve as non-voting designees on the Commis19 sion in accordance with section 101(c)(3). 

20 (2) SUBSEQUENT BUSINESS MEETINGS.—After 

21 the initial business meeting of the Federal Truth 

22 and Healing Advisory Committee is held under para23 graph (1), the Federal Truth and Healing Advisory 

24 Committee shall meet at the call of the Chairperson. 


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1 (3) FORMAT OF BUSINESS MEETINGS.—A busi2 ness meeting of the Federal Truth and Healing Ad3 visory Committee may be conducted in-person, vir4 tually, or via phone. 

5 (4) QUORUM REQUIRED.—A business meeting 

6 of the Federal Truth and Healing Advisory Com7 mittee may only be held once a quorum, established 

8 in accordance with subsection (d), is present. 

9 (d) QUORUM.—A simple majority of the members of 

10 the Federal Truth and Healing Advisory Committee 

11 present shall constitute a quorum for a business meeting. 

12 (e) RULES.—The Federal Truth and Healing Advi13 sory Committee may establish, with the advice of the Com14 mission, by a majority vote, any rules for the conduct of 

15 business, in accordance with this section and other appli16 cable law. 

17 (f) DUTIES.—The Federal Truth and Healing Advi18 sory Committee shall— 

19 (1) ensure the effective and timely coordination 

20 between Federal agencies in furtherance of the pur21 poses of this Act; 

22 (2) assist the Commission and the Native 

23 American Truth and Healing Advisory Committee in 

24 coordinating— 


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1 (A) meetings and other related public and 

2 private convenings; and 

3 (B) the collection, organization, and pres4 ervation of information obtained from witnesses 

5 and by other Federal agencies; and 

6 (3) ensure the timely submission to the Com7 mission of materials, documents, testimony, and 

8 such other information as the Commission deter9 mines to be necessary to carry out the duties of the 

10 Commission. 

11 (g) CONSULTATION OR ENGAGEMENT WITH NATIVE

12 AMERICANS, INDIAN TRIBES, TRIBAL ORGANIZATIONS, 

13 THE OFFICE OF HAWAIIAN AFFAIRS, AND NATIVE HA14 WAIIAN ORGANIZATIONS.—In carrying out the duties of 

15 the Federal Truth and Healing Advisory Committee under 

16 subsection (f), the Federal Truth and Healing Advisory 

17 Committee shall meaningfully consult or engage, as appro18 priate, in a timely manner with Native Americans, Indian 

19 Tribes, Tribal organizations, the Office of Hawaiian Af20 fairs, and Native Hawaiian organizations. 

21 (h) NONDISCLOSURE.— 

22 (1) PRIVACY ACT OF 1974 APPLICABILITY.— 

23 Subsection (b) of section 552a of title 5, United 

24 States Code (commonly known as the ‘‘Privacy Act 


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1 of 1974’’), shall not apply to the Federal Truth and 

2 Healing Advisory Committee. 

3 (2) FREEDOM OF INFORMATION ACT APPLICA4 BILITY.—Records and other communications pro5 vided to, from, between, or within the Commission, 

6 the Federal Truth and Healing Advisory Committee, 

7 the Native American Truth and Healing Advisory 

8 Committee, the Survivors Truth and Healing Sub9 committee, and related agencies shall be exempt 

10 from disclosure under subsection (b)(3)(B) of section 

11 552 of title 5, United States Code (commonly known 

12 as the ‘‘Freedom of Information Act’’). 

13 (3) FEDERAL ADVISORY COMMITTEE ACT AP14 PLICABILITY.—Chapter 10 of title 5, United States 

15 Code (commonly known as the ‘‘Federal Advisory 

16 Committee Act’’), shall not apply to the Federal 

17 Truth and Healing Advisory Committee. 

18 TITLE III—GENERAL 

19 PROVISIONS 

20 SEC. 301. CLARIFICATION. 

21 Any human remains or associated or unassociated fu22 nerary objects located on Federal land, on land managed 

23 by a Federal agency, or land otherwise curated by a Fed24 eral agency and relating to an Indian Boarding School 

25 shall be considered collections or holdings over which a 


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1 Federal agency has possession or control and the Native 

2 American Graves Protection and Repatriation Act (25 

3 U.S.C. 3001 et seq.) shall apply. 

4 SEC. 302. BURIAL MANAGEMENT. 

5 A Federal agency that carries out activities pursuant 

6 to this Act or that created or controls a cemetery with 

7 remains of an individual who attended an Indian Boarding 

8 School may rebury the remains of that individual and any 

9 associated funerary items that have been repatriated pur10 suant to section 7 of the Native American Graves Protec11 tion and Repatriation Act (25 U.S.C. 3005), consistent 

12 with Tribal practices, on any Federal land as agreed to 

13 by the relevant parties. 

14 SEC. 303. CO-STEWARDSHIP AGREEMENTS. 

15 A Federal agency that carries out activities pursuant 

16 to this Act or that created or controls a cemetery with 

17 remains of an individual who attended an Indian Boarding 

18 School or an Indian Boarding School may enter into a 

19 co-stewardship agreement for the management of the cem20 etery or Indian Boarding School. 

21 SEC. 304. NO RIGHT OF ACTION. 

22 Nothing in this Act creates a private right of action 

23 to seek administrative or judicial relief. 

Æ 


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