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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7227 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 630
118th CONGRESS
  2d Session
                                H. R. 7227

                      [Report No. 118-760, Part I]

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

                           November 22, 2024

Additional sponsors: Mr. Edwards, Ms. McCollum, Mr. Kilmer, Mr. Zinke, 
  Ms. Moore of Wisconsin, Mr. Trone, Ms. Norton, Mrs. Napolitano, Mr. 
Nadler, Mr. Tonko, Ms. Omar, Ms. Schakowsky, Ms. Tlaib, Mr. Ciscomani, 
  Ms. Brown, Ms. Houlahan, Mr. Pappas, Mrs. Peltola, Mr. Cohen, Mrs. 
Chavez-DeRemer, Mr. Fitzpatrick, Mr. Schiff, Mr. Landsman, Ms. Jayapal, 
Ms. Tokuda, Mr. Langworthy, Mr. Larsen of Washington, Mr. Cuellar, Mr. 
Raskin, Mr. Soto, Ms. Bonamici, Mr. Gottheimer, Mr. Kim of New Jersey, 
 Mr. Bacon, Ms. Craig, Mr. Krishnamoorthi, Mr. Bishop of Georgia, Ms. 
    Dean of Pennsylvania, Mr. Sorensen, Mr. Frost, Mr. Neguse, Mr. 
    Horsford, Ms. Perez, Ms. Balint, Ms. Pingree, Mr. Cleaver, Mr. 
Pascrell, Ms. Lee of Pennsylvania, Ms. Blunt Rochester, Mr. DeSaulnier, 
   Ms. DelBene, Mr. Khanna, Ms. Chu, Mr. Phillips, Ms. Brownley, Mr. 
Moulton, Ms. Leger Fernandez, Ms. Wild, Mr. Harder of California, Mrs. 
Houchin, Mr. Kiley, Mr. Flood, Mr. LaTurner, Mr. Owens, Mr. Armstrong, 
 Mr. Stauber, Ms. Lofgren, Mr. Moolenaar, Mr. Fleischmann, Mr. Takano, 
Mr. Yakym, Ms. Velazquez, Mr. Molinaro, Mr. Bergman, Mr. Newhouse, Ms. 
       Eshoo, Mr. Stanton, Ms. Lee of California, and Mr. Finstad

                           November 22, 2024

  Reported from the Committee on Education and the Workforce with an 
                               amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           November 22, 2024

  Committees on Natural Resources and Energy and Commerce discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           February 5, 2024]

_______________________________________________________________________

                                 A BILL

 
To establish the Truth and Healing Commission on Indian Boarding School 
         Policies in the United States, and for other purposes.

 

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

SECTION 1. SHORT TITLE; 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 Truth and Healing Advisory Committee

Sec. 211. Federal Truth and Healing Advisory Committee.

                     TITLE III--GENERAL PROVISIONS

Sec. 301. Clarification.
Sec. 302. Burial management.
Sec. 303. Co-stewardship agreements.
Sec. 304. No right of action.
Sec. 305. Severability.

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 participation 
        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 truth and healing advisory committee.--The term 
        ``Federal Truth and Healing Advisory Committee'' means the 
        Federal Truth and Healing Advisory Committee established by 
        section 211(a).
            (3) Indian.--The term ``Indian'' has the meaning given the 
        term in section 6151 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7491).
            (4) Indian boarding school.--The term ``Indian Boarding 
        School'' means--
                    (A) a site of an institution that--
                            (i) provided on-site housing or overnight 
                        lodging;
                            (ii) was described in Federal records as 
                        providing formal academic or vocational 
                        training and instruction to American Indians, 
                        Alaska Natives, or Native Hawaiians;
                            (iii) received Federal funds or other 
                        Federal support; and
                            (iv) was operational before 1969;
                    (B) a site of an institution identified by the 
                Department of the Interior in appendices A and B of the 
                report entitled ``Federal Indian Boarding School 
                Initiative Investigative Report'' and dated May 2022 
                (or a successor report); or
                    (C) any other institution that implemented Indian 
                Boarding School Policies, including an Indian day 
                school.
            (5) Indian boarding school policies.--The term ``Indian 
        Boarding School Policies'' means Federal laws, policies, and 
        practices purported to ``assimilate'' and ``civilize'' Indians, 
        Alaska Natives, and Native Hawaiians that included 
        psychological, physical, sexual, and mental abuse, forced 
        removal from home or community, and identity-altering practices 
        intended to terminate Native languages, cultures, religions, 
        social organizations, or connections to traditional land.
            (6) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (7) Native american.--The term ``Native American'' means an 
        individual who is--
                    (A) an Indian; or
                    (B) a Native Hawaiian.
            (8) Native american truth and healing advisory committee.--
        The term ``Native American Truth and Healing Advisory 
        Committee'' means the Native American Truth and Healing 
        Advisory Committee established by the Commission under section 
        201(a).
            (9) Native hawaiian.--The term ``Native Hawaiian'' has the 
        meaning given the term in section 6207 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7517).
            (10) Native hawaiian organization.--The term ``Native 
        Hawaiian organization'' means a private nonprofit organization 
        that--
                    (A) serves and represents the interests of Native 
                Hawaiians;
                    (B) has as its primary and stated purpose the 
                provision of services to Native Hawaiians;
                    (C) has Native Hawaiians serving in substantive and 
                policymaking positions; and
                    (D) 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) Membership.--
                    (A) In general.--The Commission shall include 5 
                members, to be jointly appointed by the Speaker of the 
                House of Representatives, the Majority Leader of the 
                Senate, and the Minority Leaders of the House of 
                Representatives and the Senate, in consultation with 
                the Chairperson and Vice Chairperson of the Committee 
                on Indian Affairs of the Senate and the Chair and 
                ranking minority member of the Committee on Natural 
                Resources of the House of Representatives, from among 
                the nominees submitted under paragraph (2)(A), of 
                whom--
                            (i) 1 shall be an individual with extensive 
                        experience and expertise as a principal 
                        investigator overseeing or leading complex 
                        research initiatives with and for Indian Tribes 
                        and Native Americans;
                            (ii) 1 shall be an individual (barred in 
                        good standing) with extensive experience and 
                        expertise in the area of indigenous human 
                        rights law and policy, including overseeing or 
                        leading broad-scale investigations of abuses of 
                        indigenous human rights;
                            (iii) 1 shall be an individual with 
                        extensive experience and expertise in Tribal 
                        court judicial and restorative justice systems 
                        and Federal agencies, such as participation as 
                        a Tribal judge, researcher, or former 
                        presidentially appointed commissioner;
                            (iv) 1 shall be an individual with 
                        extensive experience and expertise in providing 
                        and coordinating trauma-informed care and other 
                        health-related services to Indian Tribes and 
                        Native Americans; and
                            (v) 1 shall be a Native American individual 
                        recognized as a traditional cultural authority 
                        by their respective Native community.
                    (B) Additional requirements for membership.--In 
                addition to the requirements described in subparagraph 
                (A), each member of the Commission shall be a person of 
                recognized integrity and empathy, with a demonstrated 
                commitment to the values of truth, reconciliation, 
                healing, and expertise in truth and healing endeavors 
                that are traditionally and culturally appropriate so as 
                to provide balanced points of view and expertise with 
                respect to the duties of the Commission.
            (2) Nominations.--
                    (A) In general.--Not later than 90 days after the 
                date of 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 to the Commission.
                    (B) Native american preference.--Individuals 
                nominated under subparagraph (A) who are Native 
                American shall receive a preference in the selection 
                process for appointment to the Commission under 
                paragraph (1).
                    (C) Submission to congress.--Not later than 7 days 
                after the submission deadline for nominations described 
                in subparagraph (A), the Secretary of the Interior 
                shall submit to Congress a list of the individuals 
                nominated under that subparagraph.
            (3) Date.--Members of the Commission under paragraph (1) 
        shall be appointed not later than 180 days after the date of 
        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 shall be an 
        officer or employee of the Federal Government.
    (c) Business Meetings.--
            (1) Initial business meeting.--90 days after the date on 
        which all of the members of the Commission are appointed under 
        subsection (b)(1)(A), the Commission shall hold the initial 
        business meeting of the Commission--
                    (A) to appoint a Chairperson, a Vice Chairperson, 
                and such other positions as determined necessary by the 
                Commission;
                    (B) to establish rules for meetings of the 
                Commission; and
                    (C) to appoint members of--
                            (i) the Survivors Truth and Healing 
                        Subcommittee under section 121(b)(1); and
                            (ii) the Native American Truth and Healing 
                        Advisory Committee under section 201(b)(1).
            (2) Subsequent business meetings.--After the initial 
        business meeting of the Commission is held under paragraph (1), 
        the Commission shall meet at the call of the Chairperson.
            (3) Advisory and subcommittee committees designees.--Each 
        Commission business meeting shall include participation by 2 
        non-voting designees from each of the Survivors Truth and 
        Healing Subcommittee, the Native American Truth and Healing 
        Advisory Committee, and the Federal Truth and Healing Advisory 
        Committee, as appointed in accordance with section 
        121(c)(1)(D), section 201(e)(1)(C), and section 211(c)(1)(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 once after a quorum, established in accordance 
        with subsection (d), is present.
    (d) Quorum.--A simple majority of the members of the Commission 
present shall constitute a quorum for a business meeting.
    (e) Rules.--The Commission may establish, by a majority vote, any 
rules for the conduct of Commission business, in accordance with this 
section and other applicable law.
    (f) Commission Personnel Matters.--
            (1) Compensation of commissioners.--A member of the 
        Commission shall be compensated at a daily equivalent of the 
        annual rate of basic pay prescribed for grade 14 of the General 
        Schedule under section 5332 of title 5, United States Code, for 
        each day, not to exceed 14 days per month, for which a member 
        is engaged in the performance of their duties under this Act, 
        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) Hearings and evidence.--The Commission may, for the 
        purpose of carrying out this Act--
                    (A) hold such hearings and sit and act at such 
                times and places, take such testimony, and receive such 
                evidence, virtually or in-person, as the Commission may 
                determine necessary to accomplish the purposes of this 
                Act;
                    (B) conduct or request such interdisciplinary 
                research, investigation, or analysis of such 
                information and documents, records, or other evidence 
                as the Commission may determine necessary to accomplish 
                the purposes of this Act, including--
                            (i) securing, directly from a Federal 
                        agency, such information as the Commission 
                        considers necessary to accomplish the purposes 
                        of this Act; and
                            (ii) requesting the head of any relevant 
                        Tribal or State agency to provide to the 
                        Commission such information as the Commission 
                        considers necessary to accomplish the purposes 
                        of this Act;
                    (C) subject to paragraphs (1) and (2) of subsection 
                (i), require, by subpoena or otherwise, the production 
                of such records, papers, correspondence, memoranda, 
                documents, books, videos, oral histories, recordings, 
                or any other paper or electronic material, as the 
                Commission may determine necessary to accomplish the 
                purposes of this Act;
                    (D) oversee, direct, and collaborate with the 
                Federal Truth and Healing Advisory Committee, the 
                Native American Truth and Healing Advisory Committee, 
                and the Survivors Truth and Healing Subcommittee to 
                accomplish the purposes of this Act; and
                    (E) coordinate with Federal and non-Federal 
                entities to preserve and archive, as appropriate, any 
                gifts, documents, or other property received while 
                carrying out the purposes of this Act.
            (2) Contracting; volunteer services.--
                    (A) Contracting.--The Commission may, to such 
                extent and in such amounts as are provided in 
                appropriations Acts, and in accordance with applicable 
                law, enter into contracts and other agreements with 
                public agencies, private organizations, and individuals 
                to enable the Commission to carry out the duties of the 
                Commission under this Act.
                    (B) Volunteer and uncompensated services.--
                Notwithstanding section 1342 of title 31, United States 
                Code, the Commission may accept and use such voluntary 
                and uncompensated services as the Commission determines 
                to be necessary.
                    (C) General services administration.--The 
                Administrator of General Services shall provide, on 
                request of the Commission, on a reimbursable basis, 
                administrative support and other services for the 
                performance of the functions of the Commission under 
                this Act.
            (3) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other agencies of the Federal Government.
            (4) Gifts, fundraising, and disbursement.--
                    (A) Gifts and donations.--
                            (i) In general.--The Commission may accept, 
                        use, and dispose of any gift, donation, 
                        service, property, or other record or recording 
                        to accomplish the purposes of this Act.
                            (ii) Return of gifts and donations.--On 
                        termination of the Commission under subsection 
                        (b)(5), any gifts, unspent donations, property, 
                        or other record or recording accepted by the 
                        Commission under clause (i) shall be--
                                    (I) returned to the donor that made 
                                the donation under that clause; or
                                    (II) archived under subparagraph 
                                (E).
                    (B) Fundraising.--The Commission may, on the 
                affirmative vote of \3/5\ of the members of the 
                Commission, solicit funds to accomplish the purposes of 
                this Act.
                    (C) Disbursement.--The Commission may, on the 
                affirmative vote of \3/5\ of the members of the 
                Commission, approve the expenditure of funds to 
                accomplish the purposes of this Act.
                    (D) Tax documents.--The Commission (or a designee) 
                shall, on request of a donor under subparagraph (A) or 
                (B), provide tax documentation to that donor for any 
                tax-deductible gift made by that donor under those 
                subparagraphs.
                    (E) Archiving.--The Commission shall coordinate 
                with the Library of Congress and the Smithsonian 
                Institution to archive and preserve relevant gifts or 
                donations received under subparagraph (A) or (B).
    (h) Convening.--
            (1) Convening protocol.--
                    (A) In general.--Not later than 45 days after the 
                initial business meeting of the Native American Truth 
                and Healing Advisory Committee, the Commission, 3 
                designees from the Native American Truth and Healing 
                Advisory Committee, and 3 designees from the Survivors 
                Truth and Healing Subcommittee shall hold a meeting to 
                recommend rules, protocols, and formats for convenings 
                carried out under this subsection.
                    (B) Rules and protocols.--Not later than 45 days 
                after the initial meeting described in subparagraph 
                (A), the Commission shall finalize rules, protocols, 
                and formats for convenings carried out under this 
                subsection by a \3/5\ majority in attendance at a 
                meeting of the Commission.
                    (C) Additional meetings.--The Commission and 
                designees described in subparagraph (A) may hold 
                additional meetings, as necessary, to amend, by a \3/5\ 
                majority in attendance at a meeting of the Commission, 
                the rules, protocols, and formats for convenings 
                established under that subparagraph.
            (2) Announcement of convenings.--Not later than 30 days 
        before the date of a convening under this subsection, the 
        Commission shall announce the location and details of the 
        convening.
            (3) Minimum number of convenings.--The Commission shall 
        hold--
                    (A) not fewer than 1 convening in each of the 12 
                regions of the Bureau of Indian Affairs and in Hawai'i 
                during the life of the Commission; and
                    (B) beginning 1 year after the date of the 
                enactment of this Act, not fewer than 1 convening in 
                each quarter to receive testimony each calendar year 
                until the date on which the Commission submits the 
                final report of the Commission under section 111(e)(3).
            (4) Opportunity to provide testimony.--No person or entity 
        shall be denied the opportunity to provide relevant testimony 
        at a convenings held under this subsection, except at the 
        discretion of the Chairperson of the Commission (or a 
        designee).
    (i) Subpoenas.--
            (1) In general.--
                    (A) Issuance of subpoenas.--
                            (i) In general.--If a person fails to 
                        supply information requested by the Commission, 
                        the Commission may, on a unanimous vote of the 
                        Commission, issue a subpoena requiring from a 
                        person the production of any written or 
                        recorded evidence necessary to carry out the 
                        duties of the Commission under section 111.
                            (ii) Notification.--
                                    (I) In general.--Not later than 10 
                                days before the date on which the 
                                Commission issues a subpoena under 
                                clause (i), the Commission shall submit 
                                to the Attorney General a confidential, 
                                written notice of the intent to issue 
                                the subpoena.
                                    (II) Subpoena prohibited by 
                                attorney general.--
                                            (aa) In general.--The 
                                        Attorney General, on receiving 
                                        a notice under subclause (I), 
                                        may, on a showing of a 
                                        procedural or substantive 
                                        defect, and after the 
                                        Commission has a reasonable 
                                        opportunity to cure, prohibit 
                                        the issuance of the applicable 
                                        subpoena described in that 
                                        notice.
                                            (bb) Notification to 
                                        congress.--On prohibition of 
                                        the issuance of a subpoena 
                                        under item (aa), the Attorney 
                                        General shall submit to 
                                        Congress a report detailing the 
                                        reasons for that prohibition.
                    (B) Production of evidence.--The production of 
                evidence may be required from any place within the 
                United States.
            (2) Failure to obey a subpoena.--
                    (A) Order from a district court of the united 
                states.--If a person does not obey a subpoena issued 
                under paragraph (1), the Commission is authorized to 
                apply to a district court of the United States 
                described in subparagraph (B) for an order requiring 
                that person to comply with the subpoena.
                    (B) Location.--An application under subparagraph 
                (A) may be made within the judicial district where the 
                person described in that subparagraph resides or 
                transacts business.
                    (C) Penalty.--Any failure to obey an order of a 
                court described in subparagraph (A) may be punished by 
                the court as a civil contempt.
            (3) Subject matter jurisdiction.--The district court of the 
        United States in which an action is brought under paragraph 
        (2)(B) shall have original jurisdiction over any civil action 
        brought by the Commission to enforce, secure a declaratory 
        judgment concerning the validity of, or prevent a threatened 
        refusal or failure to comply with the applicable subpoena 
        issued by the Commission.
            (4) Service of subpoenas.--The subpoenas of the Commission 
        shall be served in the manner provided for subpoenas issued by 
        a district court of the United States under the Federal Rules 
        of Civil Procedure.
            (5) Service of process.--All process of any court to which 
        an application is made under paragraph (2) may be served in the 
        judicial district in which the person required to be served 
        resides or transacts business.
    (j) Federal Advisory Committee Act Applicability.--Chapter 10 of 
title 5, United States Code (commonly known as the ``Federal Advisory 
Committee Act''), shall not apply to the Commission.
    (k) 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.
    (l) 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.
    (m) Authorization of Appropriations.--For each fiscal year in which 
the Commission is operational, there is authorized to be appropriated 
$15,000,000 to the Commission to carry out this Act. Amounts 
appropriated pursuant to this authorization shall be derived and 
transferred from the unexpired, unobligated balances of all amounts 
made available to the Indian Health Service to prevent, prepare for, or 
respond to coronavirus.
    (n) Rescission.--Of the unobligated balances of funds made 
available by section 11001 of Public Law 117-2, $90,000,000 are hereby 
permanently rescinded.

                  Subtitle B--Duties of the Commission

SEC. 111. DUTIES OF THE COMMISSION.

    (a) Investigation.--
            (1) In general.--The Commission shall conduct a 
        comprehensive interdisciplinary investigation of Indian 
        Boarding School Policies, including the social, cultural, 
        economic, emotional, and physical effects of Indian Boarding 
        School Policies in the United States on Native American 
        communities, Indian Tribes, survivors of Indian Boarding 
        Schools, families of those survivors, and their descendants.
            (2) Matters to be investigated.--The matters to be 
        investigated by the Commission under paragraph (1) shall 
        include, at a minimum--
                    (A) conducting a comprehensive review of existing 
                research and historical records of Indian Boarding 
                School Policies and any documentation, scholarship, or 
                other resources relevant to the purposes of this Act 
                from--
                            (i) any archive or any other document 
                        storage location, notwithstanding the location 
                        of that archive or document storage location; 
                        and
                            (ii) any research conducted by private 
                        individuals, private entities, and non-Federal 
                        Government entities, whether domestic or 
                        foreign, including religious institutions;
                    (B) collaborating with the Federal Truth and 
                Healing Advisory Committee to obtain all relevant 
                information from--
                            (i) the Department of the Interior, the 
                        Department of Health and Human Services, other 
                        relevant Federal agencies, and institutions or 
                        organizations, including religious institutions 
                        or 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 American 
                Indian, Alaska Native, and Native Hawaiian 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; and
                    (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.
    (d) Duties Related to Burials.--The Commission shall, with respect 
to burial sites associated with Indian Boarding Schools--
            (1) coordinate, as appropriate, with the Native American 
        Truth and Healing Advisory Committee, the Federal Truth and 
        Healing Advisory Committee, the Survivors Truth and Healing 
        Subcommittee, lineal descendants, Indian Tribes, the Office of 
        Hawaiian Affairs, Federal agencies, institutions, and 
        organizations to locate and identify, in a culturally 
        appropriate manner, marked and unmarked burial sites, including 
        cemeteries, unmarked graves, and mass burial sites, where 
        students of Indian Boarding Schools were originally or later 
        interred;
            (2) locate, document, analyze, and coordinate the 
        preservation or continued preservation of records and 
        information relating to the interment of students, including 
        any records held by Federal, State, international, or local 
        entities or religious institutions or organizations; and
            (3) share, to the extent practicable, with affected lineal 
        descendants, Indian Tribes, and the Office of Hawaiian Affairs 
        burial locations and the identities of children 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 
        expires, 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 expiration of the 
        Commission, the Commission shall submit to the individuals 
        described in paragraph (4), and make publicly available, a 
        final report containing the findings, conclusions, and 
        recommendations of the Commission that have been agreed on by 
        the vote of a majority of the members of the Commission and \3/
        5\ of the members of each of the Native American Truth and 
        Healing Advisory Committee and the Survivors Truth and Healing 
        Subcommittee.
            (4) Report recipients.--The individuals referred to in 
        paragraphs (2) and (3) are--
                    (A) the President;
                    (B) the Secretary of the Interior;
                    (C) the Attorney General;
                    (D) the Comptroller General of the United States;
                    (E) the Secretary of Education;
                    (F) the Secretary of Health and Human Services;
                    (G) the Secretary of Defense;
                    (H) the Chairperson and Vice Chairperson of the 
                Committee on Indian Affairs of the Senate;
                    (I) the Chairperson and ranking minority member of 
                the Committee on Natural Resources of the House of 
                Representatives;
                    (J) the Co-Chairs of the Congressional Native 
                American Caucus;
                    (K) the Executive Director of the White House 
                Council on Native American Affairs;
                    (L) the Director of the Office of Management and 
                Budget;
                    (M) the Archivist of the United States;
                    (N) the Librarian of Congress; and
                    (O) the Director of the National Museum of the 
                American Indian.
            (5) Additional commission responsibilities relating to the 
        publication of the initial and final reports.--
                    (A) Events relating to initial report.--
                            (i) In general.--The Commission shall hold 
                        not fewer than 2 events in each region of the 
                        Bureau of Indian Affairs and in Hawai'i 
                        following publication of the initial report 
                        under paragraph (2) to receive comments on the 
                        initial report.
                            (ii) Timing.--The schedule of events 
                        referred to in clause (i) shall be announced 
                        not later than 90 days after the date on which 
                        the initial report under paragraph (6) 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.--Indian Tribes, Tribal 
                organizations, Native Americans, the Office of Hawaiian 
                Affairs, and Native Hawaiian organizations may submit 
                to the Secretary of the Interior nominations for 
                individuals to be appointed to the Survivors Truth and 
                Healing Subcommittee not later than 90 days after the 
                date of the enactment of this Act.
                    (B) Submission.--The Secretary of the Interior 
                shall provide the Commission with nominations submitted 
                under subparagraph (A) at the initial business meeting 
                of the Commission under section 101(c)(1) and the 
                Commission shall select the members of the Survivors 
                Truth and Healing Subcommittee from among those 
                nominees.
            (3) Date.--
                    (A) In general.--The Commission shall appoint all 
                members of the Survivors Truth and Healing Subcommittee 
                during the initial business meeting of the Commission 
                under section 101(c)(1).
                    (B) Failure to appoint.--If the Commission fails to 
                appoint all members of the Survivors Truth and Healing 
                Subcommittee in accordance with subparagraph (A), the 
                Chair of the Committee on Indian Affairs of the Senate, 
                with the concurrence of the Vice Chair of the Committee 
                on Indian Affairs of the Senate, shall appoint 
                individuals, in accordance with the requirements of 
                paragraph (1), to all vacant positions of the Survivors 
                Truth and Healing Subcommittee not later than 30 days 
                after the date of the initial business meeting of the 
                Commission under section 101(c)(1).
            (4) Period of appointment; vacancies; removal.--
                    (A) Period of appointment.--A member of the 
                Survivors Truth and Healing Subcommittee shall be 
                appointed for an automatically renewable term of 2 
                years.
                    (B) Vacancies.--
                            (i) In general.--A member of the Survivors 
                        Truth and Healing Subcommittee may 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.--
                    (A) In general.--Subject to subparagraph (B), no 
                member of the Survivors Truth and Healing Subcommittee 
                shall be an officer or employee of the Federal 
                Government.
                    (B) Exception.--Subparagraph (A) shall not apply to 
                an employee of a Bureau school (as defined in section 
                1141 of the Education Amendments of 1978 (25 U.S.C. 
                2021)).
    (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 Truth and 
                        Healing Advisory Committee;
                            (ii) a Vice Chairperson, who shall also 
                        serve as the Vice Chairperson of the Native 
                        American Truth and Healing Advisory Committee; 
                        and
                            (iii) a Secretary;
                    (B) to establish, with the advice of the 
                Commission, rules for the Survivors Truth and Healing 
                Subcommittee;
                    (C) to appoint 3 designees to fulfill the 
                responsibilities described in section 101(h)(1)(A); and
                    (D) to appoint, with the advice of the Commission, 
                2 members of the Survivors Truth and Healing 
                Subcommittee to serve as non-voting designees on the 
                Commission in accordance with section 101(c)(3).
            (2) Subsequent business meetings.--After the initial 
        business meeting of the Survivors Truth and Healing 
        subcommittee is held under paragraph (1), the Survivors Truth 
        and Healing Subcommittee shall meet at the call of the 
        Chairperson.
            (3) Format of business meetings.--A business meeting of the 
        Survivors Truth and Healing Subcommittee may be conducted in-
        person or virtually.
            (4) Quorum required.--A business meeting of the Survivors 
        Truth and Healing Subcommittee may be held only once a quorum, 
        established in accordance with subsection (d), is present.
    (d) Quorum.--A simple majority of the members of the Survivors 
Truth and Healing Subcommittee present shall constitute a quorum for a 
business meeting.
    (e) Rules.--The Survivors Truth and Healing Subcommittee, with the 
advice of the Commission, may establish, by a majority vote, any rules 
for the conduct of business, in accordance with this section and other 
applicable law.
    (f) Duties.--The Survivors Truth and Healing Subcommittee shall 
assist the Commission, the Native American Truth and Healing Advisory 
Committee, and the Federal Truth and Healing Advisory Committee in 
coordinating public and private convenings, including--
            (1) providing advice to the Commission on developing 
        criteria and protocols for convenings;
            (2) providing advice and evaluating Committee 
        recommendations relating to the commemoration and public 
        education relating to Indian Boarding Schools and Indian 
        Boarding School Policies; and
            (3) providing such other advice as may be required by the 
        Commission.
    (g) Consultation or Engagement With Native Americans, Indian 
Tribes, Tribal Organizations, the Office of Hawaiian Affairs, and 
Native Hawaiian Organizations.--In carrying out the duties of the 
Survivors Truth and Healing Subcommittee under subsection (f), the 
Survivors Truth and Healing Subcommittee shall meaningfully consult or 
engage, as appropriate, in a timely manner with Native Americans, 
Indian Tribes, Tribal organizations, the Office of Hawaiian Affairs, 
and Native Hawaiian organizations.
    (h) 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.)--
            (1) any individual who is an employee of the Survivors 
        Truth and Healing Subcommittee shall be considered a covered 
        employee under the Act; and
            (2) the Survivors Truth and Healing Subcommittee shall be 
        considered an employing office 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 
        13 of the General Schedule under section 5332 of title 5, 
        United States Code, for each day, not to exceed 14 days per 
        month, for which a member of the Survivors Truth and Healing 
        Subcommittee is engaged in the performance of their duties 
        under this Act 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.--Indian Tribes, Tribal 
                organizations, Native Americans, the Office of Hawaiian 
                Affairs, and Native Hawaiian organizations may submit 
                to the Secretary of the Interior nominations for 
                individuals to be appointed to the Native American 
                Truth and Healing Advisory Committee not later than 90 
                days after the date of the enactment of this Act.
                    (B) Submission.--The Secretary of the Interior 
                shall provide the Commission with nominations submitted 
                under subparagraph (A) at the initial business meeting 
                of the Commission under section 101(c)(1) and the 
                Commission shall select the members of the Native 
                American Truth and Healing Advisory Committee from 
                among those nominees.
            (3) Date.--
                    (A) In general.--The Commission shall appoint all 
                members of the Native American Truth and Healing 
                Advisory Committee during the initial business meeting 
                of the Commission under section 101(c)(1).
                    (B) Failure to appoint.--If the Commission fails to 
                appoint all members of the Native American Truth and 
                Healing Advisory Committee in accordance with 
                subparagraph (A), the Chair of the Committee on Indian 
                Affairs of the Senate, with the concurrence of the Vice 
                Chair of the Committee on Indian Affairs of the Senate, 
                shall appoint, in accordance with the requirements of 
                paragraph (1), individuals to all vacant positions of 
                the Native American Truth and Healing Advisory 
                Committee not later than 30 days after the date of the 
                initial business meeting of the Commission under 
                section 101(c)(1).
            (4) Period of appointment; vacancies.--
                    (A) Period of appointment.--A member of the Native 
                American Truth and Healing Advisory Committee shall be 
                appointed for an automatically renewable term of 2 
                years.
                    (B) Vacancies.--A vacancy in the Native American 
                Truth and Healing Advisory Committee--
                            (i) shall not affect the powers of the 
                        Native American Truth and Healing Advisory 
                        Committee if a simple majority of the positions 
                        of the Native American Truth and Healing 
                        Advisory Committee are filled; and
                            (ii) shall be filled within 90 days in the 
                        same manner as was the original appointment.
            (5) Termination.--The Native American Truth and Healing 
        Advisory Committee shall terminate 90 days after the date on 
        which the Commission submits the final report required under 
        section 111(e)(3).
            (6) Limitation.--No member of the Native American Truth and 
        Healing Advisory Committee (other than the member described in 
        paragraph (1)(A)(iii)) shall be an officer or employee of the 
        Federal Government.
    (c) Quorum.--A simple majority of the appointed 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 
        once a quorum, established in accordance with subsection (c), 
        is present.
    (f) Rules.--The Native American Truth and Healing Advisory 
Committee may establish, with the advice of the Commission, by a 
majority vote, any rules for the conduct of business, in accordance 
with this section and other applicable law.
    (g) Duties.--The Native American Truth and Healing Advisory 
Committee shall--
            (1) serve as an advisory body to the Commission;
            (2) assist the Commission in organizing and carrying out 
        culturally appropriate public and private convenings relating 
        to the duties of the Commission;
            (3) assist the Commission in determining what documentation 
        from Federal and religious organizations and institutions may 
        be necessary to fulfill the duties of the Commission;
            (4) assist the Commission in the production of the initial 
        report and final report required under paragraphs (2) and (3), 
        respectively, of section 111(e);
            (5) coordinate with the Federal Truth and Healing Advisory 
        Committee and the Survivors Truth and Healing Subcommittee; and
            (6) provide advice to, or fulfill such other requests by, 
        the Commission as the Commission may require to carry out the 
        purposes described in section 3.
    (h) Consultation or Engagement With Native Americans, Indian 
Tribes, Tribal Organizations, the Office of Hawaiian Affairs, and 
Native Hawaiian Organizations.--In carrying out the duties of the 
Native American Truth and Healing Advisory Committee under subsection 
(g), the Native American Truth and Healing Advisory Committee shall 
meaningfully consult or engage, as appropriate, in a timely manner with 
Native Americans, Indian Tribes, Tribal organizations, the Office of 
Hawaiian Affairs, and Native Hawaiian organizations.
    (i) Federal Advisory Committee Act Applicability.--Chapter 10 of 
title 5, United States Code (commonly known as the ``Federal Advisory 
Committee Act''), shall not apply to the Native American Truth and 
Healing Advisory Committee.
    (j) Congressional Accountability Act Applicability.--For purposes 
of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et 
seq.)--
            (1) any individual who is an employee of the Native 
        American Truth and Healing Advisory Committee shall be 
        considered a covered employee under the Act; and
            (2) the Native American Truth and Healing Advisory 
        Committee shall be considered an employing office 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 13 of the General Schedule under 
        section 5332 of title 5, United States Code, for each day, not 
        to exceed 14 days per month, for which a member is engaged in 
        the performance of their duties under this Act, 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 Truth and Healing Advisory Committee

SEC. 211. FEDERAL TRUTH AND HEALING ADVISORY COMMITTEE.

    (a) Establishment.--There is established within the Department of 
the Interior an advisory committee, to be known as the ``Federal Truth 
and Healing Advisory Committee''.
    (b) Membership and Appointment to the Federal Truth and Healing 
Advisory Committee.--
            (1) Membership.--The Federal Truth and Healing Advisory 
        Committee shall include 17 members, of whom--
                    (A) 1 shall be the Chairperson of the Commission, 
                who shall serve as the Chairperson of the Federal Truth 
                and Healing Advisory Committee;
                    (B) 1 shall be the Chairperson of the Survivors 
                Truth and Healing Subcommittee, who shall serve as the 
                Vice Chairperson of the Federal Truth and Healing 
                Advisory Committee;
                    (C) 1 shall be the White House Domestic Policy 
                Advisor, who shall serve as the Secretary of the 
                Federal Truth and Healing Advisory Committee;
                    (D) 1 shall be the Director of the Bureau of Trust 
                Funds Administration (or a designee);
                    (E) 1 shall be the Archivist of the United States 
                (or a designee);
                    (F) 1 shall be the Librarian of Congress (or a 
                designee);
                    (G) 1 shall be the Director of the Department of 
                the Interior Library (or a designee);
                    (H) 1 shall be the Director of the Indian Health 
                Service (or a designee);
                    (I) 1 shall be the Assistant Secretary for Mental 
                Health and Substance Abuse of the Department of Health 
                and Human Services (or a designee);
                    (J) 1 shall be the Commissioner of the 
                Administration for Native Americans of the Department 
                of Health and Human Services (or a designee);
                    (K) 1 shall be the Director of the National 
                Institutes of Health (or a designee);
                    (L) 1 shall be the Senior Program Director of the 
                Office of Native Hawaiian Relations of the Department 
                of the Interior (or a designee);
                    (M) 1 shall be the Director of the Office of Indian 
                Education of the Department of Education (or a 
                designee);
                    (N) 1 shall be the Director of the Rural, Insular, 
                and Native American Achievement Programs of the 
                Department of Education (or a designee);
                    (O) 1 shall be the Executive Director of the 
                Advisory Council on Historic Preservation (or a 
                designee);
                    (P) 1 shall be the Assistant Secretary of Indian 
                Affairs (or a designee); and
                    (Q) 1 shall be the Director of the Bureau of Indian 
                Education (or a designee).
            (2) Period of service; vacancies; removal.--
                    (A) Period of service.--A member of the Federal 
                Truth and Healing Advisory Committee shall serve for an 
                automatically renewable term of 2 years.
                    (B) Vacancies.--A vacancy in the Federal Truth and 
                Healing Advisory Committee--
                            (i) shall not affect the powers of the 
                        Federal Truth and Healing Advisory Committee if 
                        a simple majority of the positions of the 
                        Federal Truth and Healing Advisory Committee 
                        are filled; and
                            (ii) shall be filled within 90 days in the 
                        same manner as was the original appointment.
                    (C) Removal.--A quorum of members of the Federal 
                Truth and Healing Advisory Committee may remove a 
                member of the Federal Truth and Healing Advisory 
                Committee only for neglect of duty or malfeasance.
            (3) Termination.--The Federal Truth and Healing Advisory 
        Committee shall terminate 90 days after the date on which the 
        Commission submits the final report required under section 
        111(e)(3).
    (c) Business Meetings.--
            (1) Initial business meeting.--Not later than 30 days after 
        the date of the initial business meeting of the Commission 
        under section 101(c)(1), the Federal Truth and Healing Advisory 
        Committee shall hold an initial business meeting--
                    (A) to establish rules for the Federal Truth and 
                Healing Advisory Committee; and
                    (B) to appoint 2 members of the Federal Truth and 
                Healing Advisory Committee to serve as non-voting 
                designees on the Commission in accordance with section 
                101(c)(3).
            (2) Subsequent business meetings.--After the initial 
        business meeting of the Federal Truth and Healing Advisory 
        Committee is held under paragraph (1), the Federal Truth and 
        Healing Advisory Committee shall meet at the call of the 
        Chairperson.
            (3) Format of business meetings.--A business meeting of the 
        Federal Truth and Healing Advisory Committee may be conducted 
        in-person or virtually.
            (4) Quorum required.--A business meeting of the Federal 
        Truth and Healing Advisory Committee may be held only once a 
        quorum, established in accordance with subsection (d), is 
        present.
    (d) Quorum.--A simple majority of the members of the Federal Truth 
and Healing Advisory Committee present shall constitute a quorum for a 
business meeting.
    (e) Rules.--The Federal Truth and Healing Advisory Committee may 
establish, with the advice of the Commission, by a majority vote, any 
rules for the conduct of business, in accordance with this section and 
other applicable law.
    (f) Duties.--The Federal Truth and Healing Advisory Committee 
shall--
            (1) ensure the effective and timely coordination among 
        Federal agencies in furtherance of the purposes of this Act;
            (2) assist the Commission and the Native American Truth and 
        Healing Advisory Committee in coordinating--
                    (A) meetings and other related public and private 
                convenings; and
                    (B) the collection, organization, and preservation 
                of information obtained from witnesses and by other 
                Federal agencies; and
            (3) ensure the timely submission to the Commission of 
        materials, documents, testimony, and such other information as 
        the Commission determines to be necessary to carry out the 
        duties of the Commission.
    (g) Consultation or Engagement With Native Americans, Indian 
Tribes, Tribal Organizations, the Office of Hawaiian Affairs, and 
Native Hawaiian Organizations.--In carrying out the duties of the 
Federal Truth and Healing Advisory Committee under subsection (f), the 
Federal Truth and Healing Advisory Committee shall meaningfully consult 
or engage, as appropriate, in a timely manner with Native Americans, 
Indian Tribes, Tribal organizations, the Office of Hawaiian Affairs, 
and Native Hawaiian organizations.
    (h) Nondisclosure.--
            (1) Privacy act of 1974 applicability.--Subsection (b) of 
        section 552a of title 5, United States Code (commonly known as 
        the ``Privacy Act of 1974''), shall not apply to the Federal 
        Truth and Healing Advisory Committee.
            (2) Freedom of information act applicability.--Records and 
        other communications in the possession of the Federal Truth and 
        Healing Advisory Committee shall be exempt from disclosure 
        under section (b)(3)(B) of section 552 of title 5, United 
        States Code (commonly known as the ``Freedom of Information 
        Act'').
            (3) Federal advisory committee act applicability.--Chapter 
        10 of title 5, United States Code (commonly known as the 
        ``Federal Advisory Committee Act''), shall not apply to the 
        Federal Truth and Healing Advisory Committee.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. CLARIFICATION.

    Any human remains or associated or unassociated funerary objects 
located on Federal land, on land managed by a Federal agency, or land 
otherwise curated by a Federal agency and relating to an Indian 
Boarding School shall be considered collections or holdings over which 
a Federal agency has possession or control and the Native American 
Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) shall 
apply.

SEC. 302. BURIAL MANAGEMENT.

    A Federal agency that carries out activities pursuant to this Act 
or that created or controls a cemetery with remains of an individual 
who attended an Indian Boarding School may rebury the remains of that 
individual and any associated funerary items that have been repatriated 
pursuant to section 7 of the Native American Graves Protection and 
Repatriation Act (25 U.S.C. 3005), consistent with Tribal practices, on 
any Federal land as agreed to by the relevant parties.

SEC. 303. CO-STEWARDSHIP AGREEMENTS.

    A Federal agency that carries out activities pursuant to this Act 
or that created or controls a cemetery with remains of an individual 
who attended an Indian Boarding School or an Indian Boarding School may 
enter into a co-stewardship agreement for the management of the 
cemetery or Indian Boarding School.

SEC. 304. NO RIGHT OF ACTION.

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

SEC. 305. SEVERABILITY.

    If any provision of this Act is held invalid, the remainder of this 
Act shall not be affected thereby.
                                                 Union Calendar No. 630

118th CONGRESS

  2d Session

                               H. R. 7227

                      [Report No. 118-760, Part I]

_______________________________________________________________________

                                 A BILL

To establish the Truth and Healing Commission on Indian Boarding School 
         Policies in the United States, and for other purposes.

_______________________________________________________________________

                           November 22, 2024

  Reported from the Committee on Education and the Workforce with an 
                               amendment

                           November 22, 2024

  Committees on Natural Resources and Energy and Commerce discharged; 
committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
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