Us Congress Senate Bill SB761 Introduced / Bill

                    II 
119THCONGRESS 
1
STSESSION S. 761 
To establish the Truth and Healing Commission on Indian Boarding School 
Policies in the United States, and for other purposes. 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY26, 2025 
Ms. M
URKOWSKI (for herself, Ms. WARREN, Mr. SCHATZ, Mr. 
H
ICKENLOOPER, Ms. SMITH, Ms. CORTEZMASTO, Mrs. MURRAY, Mr. 
B
LUMENTHAL, Mr. BENNET, Ms. DUCKWORTH, Mr. SANDERS, Ms. 
R
OSEN, Mr. KELLY, and Mr. HEINRICH) introduced the following bill; 
which was read twice and referred to the Committee on Indian Affairs 
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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the 4
‘‘Truth and Healing Commission on Indian Boarding 5
School Policies Act of 2025’’. 6
(b) T
ABLE OFCONTENTS.—The table of contents for 7
this Act is as follows: 8
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Sec. 1. Short title; table of contents. 
Sec. 2. Purposes. 
Sec. 3. Definitions. 
TITLE I—COMMISSION AND SUBCOMMITTEE 
Subtitle A—Truth and Healing Commission on Indian Boarding School 
Policies in the United States 
Sec. 101. Truth and Healing Commission on Indian Boarding School Policies 
in the United States. 
Subtitle B—Duties of the Commission 
Sec. 111. Duties of the Commission. 
Subtitle C—Survivors Truth and Healing Subcommittee 
Sec. 121. Survivors Truth and Healing Subcommittee. 
TITLE II—ADVISORY COMMITTEES 
Subtitle A—Native American Truth and Healing Advisory Committee 
Sec. 201. Native American Truth and Healing Advisory Committee. 
Subtitle B—Federal and Religious Truth and Healing Advisory Committee 
Sec. 211. Federal and Religious Truth and Healing Advisory Committee. 
TITLE III—GENERAL PROVISIONS 
Sec. 301. Clarification. 
Sec. 302. Burial management. 
Sec. 303. Co-stewardship agreements. 
Sec. 304. No right of action. 
SEC. 2. PURPOSES. 
1
The purposes of this Act are— 2
(1) to establish a Truth and Healing Commis-3
sion on Indian Boarding School Policies in the 4
United States, including other necessary advisory 5
committees and subcommittees; 6
(2) to formally investigate, document, and re-7
port on the histories of Indian Boarding Schools, In-8
dian Boarding School Polices, and the systematic 9
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and long-term effects of those schools and policies 1
on Native American peoples; 2
(3) to develop recommendations for Federal ef-3
forts based on the findings of the Commission; and 4
(4) to promote healing for survivors of Indian 5
Boarding Schools, the descendants of those sur-6
vivors, and the communities of those survivors. 7
SEC. 3. DEFINITIONS. 8
In this Act: 9
(1) C
OMMISSION.—The term ‘‘Commission’’ 10
means the Truth and Healing Commission on Indian 11
Boarding School Policies in the United States estab-12
lished by section 101(a). 13
(2) F
EDERAL AND RELIGIOUS TRUTH AND 14
HEALING ADVISORY COMMITTEE .—The term ‘‘Fed-15
eral and Religious Truth and Healing Advisory 16
Committee’’ means the Federal and Religious Truth 17
and Healing Advisory Committee established by sec-18
tion 211(a). 19
(3) I
NDIAN.—The term ‘‘Indian’’ has the mean-20
ing given the term in section 6151 of the Elemen-21
tary and Secondary Education Act of 1965 (20 22
U.S.C. 7491). 23
(4) I
NDIAN BOARDING SCHOOL .—The term ‘‘In-24
dian Boarding School’’ means— 25
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(A) a site of an institution that— 1
(i) provided on-site housing or over-2
night lodging; 3
(ii) was described in Federal records 4
as providing formal academic or vocational 5
training and instruction to Native Ameri-6
cans; 7
(iii) received Federal funds or other 8
Federal support; and 9
(iv) was operational before 1969; 10
(B) a site of an institution identified by 11
the Department of the Interior in appendices A 12
and B of the report entitled ‘‘Federal Indian 13
Boarding School Initiative Investigative Re-14
port’’ and dated May 2022 (or a successor re-15
port); or 16
(C) any other institution that implemented 17
Indian Boarding School Policies, including an 18
Indian day school. 19
(5) I
NDIAN BOARDING SCHOOL POLICIES .—The 20
term ‘‘Indian Boarding School Policies’’ means Fed-21
eral laws, policies, and practices purported to ‘‘as-22
similate’’ and ‘‘civilize’’ Native Americans that in-23
cluded psychological, physical, sexual, and mental 24
abuse, forced removal from home or community, and 25
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identity-altering practices intended to terminate Na-1
tive languages, cultures, religions, social organiza-2
tions, or connections to traditional land. 3
(6) I
NDIAN TRIBE.—The term ‘‘Indian Tribe’’ 4
has the meaning given the term in section 4 of the 5
Indian Self-Determination and Education Assistance 6
Act (25 U.S.C. 5304). 7
(7) N
ATIVE AMERICAN.—The term ‘‘Native 8
American’’ means an individual who is— 9
(A) an Indian; or 10
(B) a Native Hawaiian. 11
(8) N
ATIVE AMERICAN TRUTH AND HEALING 12
ADVISORY COMMITTEE .—The term ‘‘Native Amer-13
ican Truth and Healing Advisory Committee’’ means 14
the Native American Truth and Healing Advisory 15
Committee established by the Commission under sec-16
tion 201(a). 17
(9) N
ATIVE HAWAIIAN.—The term ‘‘Native Ha-18
waiian’’ has the meaning given the term in section 19
6207 of the Elementary and Secondary Education 20
Act of 1965 (20 U.S.C. 7517). 21
(10) N
ATIVE HAWAIIAN ORGANIZATION .—The 22
term ‘‘Native Hawaiian organization’’ means a pri-23
vate nonprofit organization that— 24
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(A) serves and represents the interests of 1
Native Hawaiians; 2
(B) has as its primary and stated purpose 3
the provision of services to Native Hawaiians; 4
(C) has Native Hawaiians serving in sub-5
stantive and policymaking positions; and 6
(D) has expertise in Native Hawaiian af-7
fairs. 8
(11) O
FFICE OF HAWAIIAN AFFAIRS .—The 9
term ‘‘Office of Hawaiian Affairs’’ has the meaning 10
given the term in section 6207 of the Elementary 11
and Secondary Education Act of 1965 (20 U.S.C. 12
7517). 13
(12) S
URVIVORS TRUTH AND HEALING SUB -14
COMMITTEE.—The term ‘‘Survivors Truth and Heal-15
ing Subcommittee’’ means the Survivors Truth and 16
Healing Subcommittee established by section 121(a). 17
(13) T
RAUMA-INFORMED CARE .—The term 18
‘‘trauma-informed care’’ means holistic psychological 19
and health care practices that include promoting cul-20
turally responsive practices, patient psychological, 21
physical, and emotional safety, and environments of 22
healing, trust, peer support, and recovery. 23
(14) T
RIBAL ORGANIZATION.—The term ‘‘Trib-24
al organization’’ has the meaning given the term in 25
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section 4 of the Indian Self-Determination and Edu-1
cation Assistance Act (25 U.S.C. 5304). 2
TITLE I—COMMISSION AND 3
SUBCOMMITTEE 4
Subtitle A—Truth and Healing 5
Commission on Indian Boarding 6
School Policies in the United 7
States 8
SEC. 101. TRUTH AND HEALING COMMISSION ON INDIAN 9
BOARDING SCHOOL POLICIES IN THE UNITED 10
STATES. 11
(a) E
STABLISHMENT.—There is established in the 12
legislative branch a commission, to be known as the 13
‘‘Truth and Healing Commission on Indian Boarding 14
School Policies in the United States’’. 15
(b) M
EMBERSHIP.— 16
(1) A
PPOINTMENT.—Nominees submitted under 17
paragraph (2)(A) shall be appointed as members to 18
the Commission as follows: 19
(A) 1 member shall be appointed by the 20
majority leader of the Senate, in consultation 21
with the Chairperson of the Committee on In-22
dian Affairs of the Senate. 23
(B) 1 member shall be appointed by the 24
minority leader of the Senate, in consultation 25
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with the Vice Chairperson of the Committee on 1
Indian Affairs of the Senate. 2
(C) 1 member shall be appointed by the 3
Speaker of the House of Representatives, in 4
consultation with the Chair of the Committee 5
on Natural Resources of the House of Rep-6
resentatives. 7
(D) 1 member shall be appointed by the 8
minority leader of the House of Representa-9
tives, in consultation with the Ranking Member 10
of the Committee on Natural Resources of the 11
House of Representatives. 12
(E) 1 member shall be jointly appointed by 13
the Chairperson and Vice Chairperson of the 14
Committee on Indian Affairs of the Senate. 15
(2) N
OMINATIONS.— 16
(A) I
N GENERAL.—Not later than 90 days 17
after the date of the enactment of this Act, In-18
dian Tribes, Tribal organizations, Native Amer-19
icans, the Office of Hawaiian Affairs, and Na-20
tive Hawaiian organizations may submit to the 21
Secretary of the Interior nominations for indi-22
viduals to be appointed as members of the Com-23
mission. 24
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(B) SUBMISSION TO CONGRESS .—Not later 1
than 7 days after the submission deadline for 2
nominations described in subparagraph (A), the 3
Secretary of the Interior shall submit to Con-4
gress a list of the individuals nominated under 5
that subparagraph. 6
(C) Q
UALIFICATIONS.— 7
(i) I
N GENERAL.—Nominees to serve 8
on the Commission shall have significant 9
experience in matters relating to— 10
(I) overseeing or leading complex 11
research initiatives with and for In-12
dian Tribes and Native Americans; 13
(II) indigenous human rights law 14
and policy; 15
(III) Tribal court judicial and re-16
storative justice systems and Federal 17
agencies, such as participation as a 18
Tribal judge, researcher, or former 19
presidentially appointed commissioner; 20
(IV) providing and coordinating 21
trauma-informed care and other 22
health-related services to Indian 23
Tribes and Native Americans; or 24
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(V) traditional and cultural re-1
sources and practices in Native com-2
munities. 3
(ii) A
DDITIONAL QUALIFICATIONS .— 4
In addition to the qualifications described 5
in clause (i), each member of the Commis-6
sion shall be an individual of recognized in-7
tegrity and empathy, with a demonstrated 8
commitment to the values of truth, rec-9
onciliation, healing, and expertise in truth 10
and healing endeavors that are tradition-11
ally and culturally appropriate so as to 12
provide balanced points of view and exper-13
tise with respect to the duties of the Com-14
mission. 15
(3) D
ATE.—Members of the Commission under 16
paragraph (1) shall be appointed not later than 180 17
days after the date of the enactment of this Act. 18
(4) P
ERIOD OF APPOINTMENT ; VACANCIES; RE-19
MOVAL.— 20
(A) P
ERIOD OF APPOINTMENT .—A mem-21
ber of the Commission shall be appointed for a 22
term that is the shorter of— 23
(i) 6 years; and 24
(ii) the life of the Commission. 25
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(B) VACANCIES.—After all initial members 1
of the Commission are appointed and the initial 2
business meeting of the Commission has been 3
convened under subsection (c)(1), a single va-4
cancy in the Commission— 5
(i) shall not affect the powers of the 6
Commission; and 7
(ii) shall be filled within 90 days in 8
the same manner as was the original ap-9
pointment. 10
(C) R
EMOVAL.—A quorum of members of 11
the Commission may remove a member of the 12
Commission only for neglect of duty or malfea-13
sance. 14
(5) T
ERMINATION.—The Commission shall ter-15
minate 6 years after the date of the enactment of 16
this Act. 17
(6) L
IMITATION.—No member of the Commis-18
sion may otherwise be an officer or employee of the 19
Federal Government. 20
(c) B
USINESSMEETINGS.— 21
(1) I
NITIAL BUSINESS MEETING .—90 days after 22
the date on which all of the members of the Com-23
mission are appointed under subsection (b)(1)(A), 24
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the Commission shall hold the initial business meet-1
ing of the Commission— 2
(A) to appoint a Chairperson, a Vice 3
Chairperson, and such other positions as deter-4
mined necessary by the Commission; 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) S
UBSEQUENT 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) A
DVISORY AND SUBCOMMITTEE COMMIT -19
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
and Religious Truth and Healing Advisory Com-25
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mittee, as appointed in accordance with section 1
121(c)(1)(D), section 201(e)(1)(C), and section 2
211(c)(1)(B), as applicable. 3
(4) F
ORMAT OF MEETINGS .—A business meet-4
ing of the Commission may be conducted in-person 5
or virtually. 6
(5) Q
UORUM REQUIRED .—A business meeting 7
of the Commission may be held only after a quorum, 8
established in accordance with subsection (d), is 9
present. 10
(d) Q
UORUM.—A simple majority of the members of 11
the Commission shall constitute a quorum for a business 12
meeting. 13
(e) R
ULES.—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 appli-16
cable law. 17
(f) C
OMMISSIONPERSONNELMATTERS.— 18
(1) C
OMPENSATION 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 5 of the General Schedule 22
under section 5332 of title 5, United States Code, 23
for each day, not to exceed 10 days per month, for 24
which a member is engaged in the performance of 25
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their duties under this Act, limited to convening 1
meetings, including public or private meetings to re-2
ceive testimony in furtherance of the duties of the 3
Commission and the purposes of this Act. 4
(2) T
RAVEL EXPENSES .—A member of the 5
Commission shall be allowed travel expenses, includ-6
ing per diem in lieu of subsistence, at rates author-7
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) D
ETAIL OF GOVERNMENT EMPLOYEES .— 12
Any Federal Government employee, with the ap-13
proval of the head of the appropriate Federal agency 14
and at the request of the Commission, may be de-15
tailed to the Commission without— 16
(A) reimbursement to the agency of that 17
employee; and 18
(B) interruption or loss of civil service sta-19
tus, benefits, or privileges. 20
(g) P
OWERS OFCOMMISSION.— 21
(1) C
ONVENINGS AND INFORMATION .—The 22
Commission may, for the purpose of carrying out 23
this Act— 24
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(A) hold such convenings and sit and act 1
at such times and places, take such testimony, 2
and receive such information, virtually or in- 3
person, as the Commission may determine nec-4
essary to accomplish the purposes of this Act; 5
(B) conduct or request such interdiscipli-6
nary research, investigation, or analysis of such 7
information and documents, records, or other 8
data as the Commission may determine nec-9
essary to accomplish the purposes of this Act, 10
including— 11
(i) securing, directly from a Federal 12
agency, such information as the Commis-13
sion considers necessary to accomplish the 14
purposes of this Act; and 15
(ii) requesting the head of any rel-16
evant Tribal or State agency to provide to 17
the Commission such information as the 18
Commission considers necessary to accom-19
plish the purposes of this Act; 20
(C) request such records, papers, cor-21
respondence, memoranda, documents, books, 22
videos, oral histories, recordings, or any other 23
paper or electronic material, as the Commission 24
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may determine necessary to accomplish the pur-1
poses of this Act; 2
(D) oversee, direct, and collaborate with 3
the Federal and Religious Truth and Healing 4
Advisory Committee, the Native American 5
Truth and Healing Advisory Committee, and 6
the Survivors Truth and Healing Subcommittee 7
to accomplish the purposes of this Act; and 8
(E) coordinate with Federal and non-Fed-9
eral entities to preserve and archive, as appro-10
priate, any gifts, documents, or other property 11
received while carrying out the purposes of this 12
Act. 13
(2) C
ONTRACTING; VOLUNTEER SERVICES .— 14
(A) C
ONTRACTING.—The Commission 15
may, to such extent and in such amounts as are 16
provided in appropriations Acts, and in accord-17
ance with applicable law, enter into contracts 18
and other agreements with public agencies, pri-19
vate organizations, and individuals to enable the 20
Commission to carry out the duties of the Com-21
mission under this Act. 22
(B) V
OLUNTEER AND UNCOMPENSATED 23
SERVICES.—Notwithstanding section 1342 of 24
title 31, United States Code, the Commission 25
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may accept and use such voluntary and uncom-1
pensated services as the Commission determines 2
to be necessary. 3
(C) G
ENERAL SERVICES ADMINISTRA -4
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) P
OSTAL 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) G
IFTS, FUNDRAISING, AND DISBURSE -14
MENT.— 15
(A) G
IFTS AND DONATIONS.— 16
(i) I
N 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) R
ETURN OF GIFTS AND DONA -22
TIONS.—On termination of the Commis-23
sion under subsection (b)(5), any gifts, 24
unspent donations, property, or other 25
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record or recording accepted by the Com-1
mission under clause (i) shall be— 2
(I) returned to the donor that 3
made the donation under that clause; 4
or 5
(II) archived under subparagraph 6
(E). 7
(B) F
UNDRAISING.—The Commission may, 8
on the affirmative vote of 
3
⁄5of the members of 9
the Commission, solicit funds to accomplish the 10
purposes of this Act. 11
(C) D
ISBURSEMENT.—The Commission 12
may, on the affirmative vote of 
3
⁄5of the mem-13
bers of the Commission, approve a spending 14
plan of funds to accomplish the purposes of this 15
Act. 16
(D) T
AX DOCUMENTS .—The Commission 17
(or a designee) shall, on request of a donor 18
under subparagraph (A) or (B), provide tax 19
documentation to that donor for any tax-de-20
ductible gift made by that donor under those 21
subparagraphs. 22
(E) A
RCHIVING.—The Commission shall 23
coordinate with the Library of Congress and 24
the Smithsonian Institution to archive and pre-25
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serve relevant gifts or donations received under 1
subparagraph (A) or (B). 2
(h) C
ONVENING.— 3
(1) C
ONVENING PROTOCOL .— 4
(A) I
N GENERAL.—Not later than 45 days 5
after the initial business meeting of the Native 6
American Truth and Healing Advisory Com-7
mittee, the Commission, 3 designees from the 8
Native American Truth and Healing Advisory 9
Committee, and 3 designees from the Survivors 10
Truth and Healing Subcommittee shall hold a 11
meeting to recommend rules, protocols, and for-12
mats for convenings carried out under this sub-13
section. 14
(B) R
ULES AND PROTOCOLS .—Not later 15
than 45 days after the initial meeting described 16
in subparagraph (A), the Commission shall fi-17
nalize rules, protocols, and formats for 18
convenings carried out under this subsection by 19
a 
3
⁄5majority in attendance at a meeting of the 20
Commission. 21
(C) A
DDITIONAL MEETINGS .—The Com-22
mission and designees described in subpara-23
graph (A) may hold additional meetings, as 24
necessary, to amend, by a 
3
⁄5majority in at-25
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tendance at a meeting of the Commission, the 1
rules, protocols, and formats for convenings es-2
tablished under that subparagraph. 3
(2) A
NNOUNCEMENT OF CONVENINGS .—Not 4
later than 30 days before the date of a convening 5
under this subsection, the Commission shall an-6
nounce the location and details of the convening. 7
(3) M
INIMUM NUMBER OF CONVENINGS .—The 8
Commission shall hold— 9
(A) not fewer than 1 convening in each of 10
the 12 regions of the Bureau of Indian Affairs 11
and in Hawai‘i during the life of the Commis-12
sion; and 13
(B) beginning 1 year after the date of the 14
enactment of this Act, not fewer than 1 con-15
vening in each quarter to receive testimony each 16
calendar year until the date on which the Com-17
mission submits the final report of the Commis-18
sion under section 111(e)(3). 19
(4) O
PPORTUNITY TO PROVIDE TESTIMONY .— 20
No person or entity shall be denied the opportunity 21
to provide relevant testimony or information at a 22
convening held under this subsection, except at the 23
discretion of the Chairperson of the Commission (or 24
a designee). 25
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(i) FEDERALADVISORYCOMMITTEEACTAPPLICA-1
BILITY.—Chapter 10 of title 5, United States Code (com-2
monly known as the ‘‘Federal Advisory Committee Act’’), 3
shall not apply to the Commission. 4
(j) C
ONGRESSIONALACCOUNTABILITYACTAPPLICA-5
BILITY.—For purposes of the Congressional Account-6
ability Act of 1995 (2 U.S.C. 1301 et seq.)— 7
(1) any individual who is an employee of the 8
Commission shall be considered a covered employee 9
under the Act; and 10
(2) the Commission shall be considered an em-11
ploying office under the Act; and 12
(3) a member of the Commission shall be con-13
sidered a covered employee under the Act. 14
(k) C
ONSULTATION OR ENGAGEMENTWITHNATIVE 15
A
MERICANS, INDIANTRIBES, TRIBALORGANIZATIONS, 16
THEOFFICE OFHAWAIIANAFFAIRS, ANDNATIVEHA-17
WAIIANORGANIZATIONS.—In carrying out the duties of 18
the Commission under section 111, the Commission shall 19
meaningfully consult or engage, as appropriate, in a timely 20
manner with Native Americans, Indian Tribes, Tribal or-21
ganizations, the Office of Hawaiian Affairs, and Native 22
Hawaiian organizations. 23
(l) F
UNDING.—Of the amounts authorized to be ap-24
propriated pursuant to section 105 of the Indian Land 25
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•S 761 IS
Consolidation Act Amendments of 2000 (25 U.S.C. 2201 1
note; Public Law 106–462) and section 403 of the Indian 2
Financing Act of 1974 (25 U.S.C. 1523), $90,000,000 3
shall be used to carry out this Act. 4
Subtitle B—Duties of the 5
Commission 6
SEC. 111. DUTIES OF THE COMMISSION. 7
(a) I
NVESTIGATION.— 8
(1) I
N GENERAL.—The Commission shall con-9
duct a comprehensive interdisciplinary investigation 10
of Indian Boarding School Policies, including the so-11
cial, cultural, economic, emotional, and physical ef-12
fects of Indian Boarding School Policies in the 13
United States on Native American communities, In-14
dian Tribes, survivors of Indian Boarding Schools, 15
families of those survivors, and their descendants. 16
(2) M
ATTERS TO BE INVESTIGATED .—The mat-17
ters to be investigated by the Commission under 18
paragraph (1) shall include, at a minimum— 19
(A) conducting a comprehensive review of 20
existing research and historical records of In-21
dian Boarding School Policies and any docu-22
mentation, scholarship, or other resources rel-23
evant to the purposes of this Act from— 24
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(i) any archive or any other document 1
storage location, notwithstanding the loca-2
tion of that archive or document storage 3
location; and 4
(ii) any research conducted by private 5
individuals, private entities, and non-Fed-6
eral Government entities, whether domestic 7
or foreign, including religious institutions; 8
(B) collaborating with the Federal and Re-9
ligious Truth and Healing Advisory Committee 10
to obtain all relevant information from— 11
(i) the Department of the Interior, the 12
Department of Health and Human Serv-13
ices, other relevant Federal agencies, and 14
institutions or organizations, including reli-15
gious institutions or organizations, that op-16
erated an Indian Boarding School, carried 17
out Indian Boarding School Policies, or 18
have information that the Commission de-19
termines to be relevant to the investigation 20
of the Commission; and 21
(ii) Indian Tribes, Tribal organiza-22
tions, Native Americans, the Office of Ha-23
waiian Affairs, and Native Hawaiian orga-24
nizations; and 25
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(C) conducting a comprehensive assess-1
ment of the impacts of Indian Boarding School 2
Policies on Native American students and alum-3
ni, including the impact on cultures, traditions, 4
and languages. 5
(3) R
ESEARCH RELATED TO OBJECTS , ARTI-6
FACTS, AND REAL PROPERTY .—If the Commission 7
conducts a comprehensive review of research de-8
scribed in paragraph (2)(A)(ii) that focuses on ob-9
jects, artifacts, or real or personal property that are 10
in the possession or control of private individuals, 11
private entities, or non-Federal Government entities 12
within the United States, the Commission may enter 13
into a contract or agreement to acquire, hold, cu-14
rate, or maintain those objects, artifacts, or real or 15
personal property until the objects, artifacts, or real 16
or personal property can be properly repatriated or 17
returned, consistent with applicable Federal law, 18
subject to the condition that no Federal funds may 19
be used to purchase those objects, artifacts, or real 20
or personal property. 21
(b) M
EETINGS ANDCONVENINGS.— 22
(1) I
N GENERAL.—The Commission shall hold, 23
with the advice of the Native American Truth and 24
Healing Advisory Committee and the Survivors 25
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Truth and Healing Subcommittee, and in coordina-1
tion with, as relevant, Indian Tribes, Tribal organi-2
zations, the Office of Hawaiian Affairs, and Native 3
Hawaiian organizations, as part of its investigation 4
under subsection (a), safe, trauma-informed, and 5
culturally appropriate public or private meetings or 6
convenings to receive testimony relating to that in-7
vestigation. 8
(2) R
EQUIREMENTS.—The Commission shall 9
ensure that meetings and convenings held under 10
paragraph (1) provide access to adequate trauma-in-11
formed care services for participants, attendees, and 12
communities during and following the meetings and 13
convenings where the Commission receives testi-14
mony, including ensuring that private space is avail-15
able for survivors and descendants of survivors, fam-16
ily members, and other community members to re-17
ceive trauma-informed care services. 18
(c) R
ECOMMENDATIONS .— 19
(1) I
N GENERAL.—The Commission shall make 20
recommendations to Congress relating to the inves-21
tigation carried out under subsection (a), which shall 22
be included in the final report required under sub-23
section (e)(3). 24
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(2) INCLUSIONS.—Recommendations made 1
under paragraph (1) shall include, at a minimum, 2
recommendations relating to— 3
(A) in light of Tribal and Native Hawaiian 4
law, Tribal customary law, tradition, custom, 5
and practice, how the Federal Government can 6
meaningfully acknowledge the role of the Fed-7
eral Government in supporting Indian Boarding 8
School Policies in all issue areas that the Com-9
mission determines relevant, including appro-10
priate forms of memorialization, preservation of 11
records, objects, artifacts, and burials; 12
(B) how modification of existing statutes, 13
procedures, regulations, policies, budgets, and 14
practices will, in the determination of the Com-15
mission, address the findings of the Commission 16
and ongoing effects of Indian Boarding School 17
Policies; 18
(C) how the Federal Government can pro-19
mote public awareness of, and education about, 20
Indian Boarding School Policies and the im-21
pacts of those policies, including through co-22
ordinating with the Native American Truth and 23
Healing Advisory Committee, the Survivors 24
Truth and Healing Subcommittee, the Smithso-25
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nian Institution, and other relevant institutions 1
and organizations; and 2
(D) the views of religious institutions. 3
(d) D
UTIESRELATED TOBURIALS.—The Commis-4
sion shall, with respect to burial sites associated with In-5
dian Boarding Schools— 6
(1) coordinate, as appropriate, with the Native 7
American Truth and Healing Advisory Committee, 8
the Federal and Religious Truth and Healing Advi-9
sory Committee, the Survivors Truth and Healing 10
Subcommittee, lineal descendants, Indian Tribes, the 11
Office of Hawaiian Affairs, Federal agencies, institu-12
tions, and organizations to locate and identify, in a 13
culturally appropriate manner, marked and un-14
marked burial sites, including cemeteries, unmarked 15
graves, and mass burial sites, where students of In-16
dian Boarding Schools were originally or later in-17
terred; 18
(2) locate, document, analyze, and coordinate 19
the preservation or continued preservation of records 20
and information relating to the interment of stu-21
dents, including any records held by Federal, State, 22
international, or local entities or religious institu-23
tions or organizations; and 24
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(3) share, to the extent practicable, with af-1
fected lineal descendants, Indian Tribes, and the Of-2
fice of Hawaiian Affairs burial locations and the 3
identities of children who attended Indian Boarding 4
Schools. 5
(e) R
EPORTS.— 6
(1) A
NNUAL REPORTS TO CONGRESS .—Not less 7
frequently than annually until the year before the 8
year in which the Commission terminates, the Com-9
mission shall submit to the Committee on Indian Af-10
fairs of the Senate and the Committee on Natural 11
Resources of the House of Representatives a report 12
that describes the activities of the Commission dur-13
ing the previous year, including an accounting of 14
funds and gifts received and expenditures made, the 15
progress made, and any barriers encountered in car-16
rying out this Act. 17
(2) C
OMMISSION INITIAL REPORT .—Not later 18
than 4 years after the date on which a majority of 19
the members of the Commission are appointed under 20
section 101(b)(1), the Commission shall submit to 21
the individuals described in paragraph (4), and 22
make publicly available, an initial report con-23
taining— 24
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(A) a detailed review of existing research, 1
including documentation, scholarship, or other 2
resources shared with the Commission that fur-3
ther the purposes of this Act; 4
(B) a detailed statement of the initial find-5
ings and conclusions of the Commission; and 6
(C) a detailed statement of the initial rec-7
ommendations of the Commission. 8
(3) C
OMMISSION FINAL REPORT .—Before the 9
termination of the Commission, the Commission 10
shall submit to the individuals described in para-11
graph (4), and make publicly available, a final report 12
containing the findings, conclusions, and rec-13
ommendations of the Commission that have been 14
agreed on by the vote of a majority of the members 15
of the Commission and 
3
⁄5of the members of each 16
of the Native American Truth and Healing Advisory 17
Committee and the Survivors Truth and Healing 18
Subcommittee. 19
(4) R
EPORT RECIPIENTS.—The individuals re-20
ferred to in paragraphs (2) and (3) are— 21
(A) the President; 22
(B) the Secretary of the Interior; 23
(C) the Attorney General; 24
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(D) the Comptroller General of the United 1
States; 2
(E) the Secretary of Education; 3
(F) the Secretary of Health and Human 4
Services; 5
(G) the Secretary of Defense; 6
(H) the Chairperson and Vice Chairperson 7
of the Committee on Indian Affairs of the Sen-8
ate; 9
(I) the Chairperson and ranking minority 10
member of the Committee on Natural Re-11
sources of the House of Representatives; 12
(J) the Co-Chairs of the Congressional Na-13
tive American Caucus; 14
(K) the Executive Director of the White 15
House Council on Native American Affairs; 16
(L) the Director of the Office of Manage-17
ment and Budget; 18
(M) the Archivist of the United States; 19
(N) the Librarian of Congress; and 20
(O) the Director of the National Museum 21
of the American Indian. 22
(5) A
DDITIONAL COMMISSION RESPONSIBIL -23
ITIES RELATING TO THE PUBLICATION OF THE INI -24
TIAL AND FINAL REPORTS .— 25
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(A) EVENTS RELATING TO INITIAL RE -1
PORT.— 2
(i) I
N GENERAL.—The Commission 3
shall hold not fewer than 2 events in each 4
region of the Bureau of Indian Affairs and 5
in Hawai‘i following publication of the ini-6
tial report under paragraph (2) to receive 7
comments on the initial report. 8
(ii) T
IMING.—The schedule of events 9
referred to in clause (i) shall be announced 10
not later than 90 days after the date on 11
which the initial report under paragraph 12
(2) is published. 13
(B) P
UBLICATION OF FINAL REPORT .— 14
Not later than 180 days after the date on which 15
the Commission submits the final report under 16
paragraph (3), the Commission, the Secretary 17
of the Interior, the Secretary of Education, the 18
Secretary of Defense, and the Secretary of 19
Health and Human Services shall each make 20
the final report publicly available on the website 21
of the applicable agency. 22
(6) S
ECRETARIAL RESPONSE TO FINAL RE -23
PORT.—Not later than 120 days after the date on 24
which the Secretary of the Interior, the Secretary of 25
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Education, the Secretary of Defense, and the Sec-1
retary of Health and Human Services receive the 2
final report under paragraph (3), the Secretaries 3
shall each make publicly available a written response 4
to recommendations for future action by those agen-5
cies, if any, contained in the final report, and submit 6
the written response to— 7
(A) the President; 8
(B) the Committee on Indian Affairs of the 9
Senate; 10
(C) the Committee on Natural Resources 11
of the House of Representatives; and 12
(D) the Comptroller General of the United 13
States. 14
Subtitle C—Survivors Truth and 15
Healing Subcommittee 16
SEC. 121. SURVIVORS TRUTH AND HEALING SUB-17
COMMITTEE. 18
(a) E
STABLISHMENT.—There is established a sub-19
committee of the Commission, to be known as the ‘‘Sur-20
vivors Truth and Healing Subcommittee’’. 21
(b) M
EMBERSHIP, NOMINATION, ANDAPPOINTMENT 22
TO THE SURVIVORSTRUTH AND HEALINGSUB-23
COMMITTEE.— 24
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(1) MEMBERSHIP.—The Survivors Truth and 1
Healing Subcommittee shall include 15 members, to 2
be appointed by the Commission, in consultation 3
with the National Native American Boarding School 4
Healing Coalition, from among the nominees sub-5
mitted under paragraph (2)(A), of whom— 6
(A) 12 shall be representatives from each 7
of the 12 regions of the Bureau of Indian Af-8
fairs and 1 shall be a representative from 9
Hawai‘i; 10
(B) 9 shall be individuals who attended an 11
Indian Boarding School of whom— 12
(i) not fewer than 2 shall be individ-13
uals who graduated during the 5-year pe-14
riod preceding the date of the enactment of 15
this Act from— 16
(I) an Indian Boarding School in 17
operation as of that date of the enact-18
ment; or 19
(II) a Bureau of Indian Edu-20
cation-funded school; and 21
(ii) all shall represent diverse regions 22
of the United States; 23
(C) 5 shall be descendants of individuals 24
who attended Indian Boarding Schools, who 25
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shall represent diverse regions of the United 1
States; and 2
(D) 1 shall be an educator who, as of the 3
date of the appointment— 4
(i) is employed at an Indian Boarding 5
School; or 6
(ii) was employed at an Indian Board-7
ing School during the 5-year period pre-8
ceding the date of the enactment of this 9
Act. 10
(2) N
OMINATIONS.— 11
(A) I
N GENERAL.—Not later than 90 days 12
after the date of the enactment of this Act, In-13
dian Tribes, Tribal organizations, Native Amer-14
icans, the Office of Hawaiian Affairs, and Na-15
tive Hawaiian organizations may submit to the 16
Secretary of the Interior nominations for indi-17
viduals to be appointed as members of the Sur-18
vivors Truth and Healing Subcommittee. 19
(B) S
UBMISSION.—The Secretary of the 20
Interior shall provide the Commission with 21
nominations submitted under subparagraph (A) 22
at the initial business meeting of the Commis-23
sion under section 101(c)(1) and the Commis-24
sion shall select the members of the Survivors 25
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Truth and Healing Subcommittee from among 1
those nominees. 2
(3) D
ATE.— 3
(A) I
N GENERAL.—The Commission shall 4
appoint all members of the Survivors Truth and 5
Healing Subcommittee during the initial busi-6
ness meeting of the Commission under section 7
101(c)(1). 8
(B) F
AILURE TO APPOINT .—If the Com-9
mission fails to appoint all members of the Sur-10
vivors Truth and Healing Subcommittee in ac-11
cordance with subparagraph (A), the Chair of 12
the Committee on Indian Affairs of the Senate, 13
with the concurrence of the Vice Chair of the 14
Committee on Indian Affairs of the Senate, 15
shall appoint individuals, in accordance with the 16
requirements of paragraph (1), to all vacant po-17
sitions of the Survivors Truth and Healing Sub-18
committee not later than 30 days after the date 19
of the initial business meeting of the Commis-20
sion under section 101(c)(1). 21
(4) P
ERIOD OF APPOINTMENT ; VACANCIES; RE-22
MOVAL.— 23
(A) P
ERIOD OF APPOINTMENT .—A mem-24
ber of the Survivors Truth and Healing Sub-25
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committee shall be appointed for an automati-1
cally renewable term of 2 years. 2
(B) V
ACANCIES.— 3
(i) I
N GENERAL.—A member of the 4
Survivors Truth and Healing Sub-5
committee may vacate the position at any 6
time and for any reason. 7
(ii) E
FFECT; FILLING OF VACANCY.— 8
A vacancy in the Survivors Truth and 9
Healing Subcommittee— 10
(I) shall not affect the powers of 11
the Survivors Truth and Healing Sub-12
committee if a simple majority of the 13
positions of the Survivors Truth and 14
Healing Subcommittee are filled; and 15
(II) shall be filled within 90 days 16
in the same manner as was the origi-17
nal appointment. 18
(C) R
EMOVAL.—A quorum of members of 19
the Commission may remove a member of the 20
Survivors Truth and Healing Subcommittee 21
only for neglect of duty or malfeasance. 22
(5) T
ERMINATION.—The Survivors Truth and 23
Healing Subcommittee shall terminate 90 days after 24
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the date on which the Commission submits the final 1
report required under section 111(e)(3). 2
(6) L
IMITATION.—No member of the Survivors 3
Truth and Healing Subcommittee may otherwise be 4
an officer or employee of the Federal Government. 5
(c) B
USINESSMEETINGS.— 6
(1) I
NITIAL MEETING.—Not later than 30 days 7
after the date on which all members of the Survivors 8
Truth and Healing Subcommittee are appointed 9
under subsection (b)(1), the Survivors Truth and 10
Healing Subcommittee shall hold an initial business 11
meeting— 12
(A) to appoint— 13
(i) a Chairperson, who shall also serve 14
as the Vice Chairperson of the Federal and 15
Religious Truth and Healing Advisory 16
Committee; 17
(ii) a Vice Chairperson, who shall also 18
serve as the Vice Chairperson of the Na-19
tive American Truth and Healing Advisory 20
Committee; and 21
(iii) other positions, as determined 22
necessary by the Survivors Truth and 23
Healing Subcommittee; 24
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(B) to establish, with the advice of the 1
Commission, rules for the Survivors Truth and 2
Healing Subcommittee; 3
(C) to appoint 3 designees to fulfill the re-4
sponsibilities described in section 101(h)(1)(A); 5
and 6
(D) to appoint, with the advice of the 7
Commission, 2 members of the Survivors Truth 8
and Healing Subcommittee to serve as non-vot-9
ing designees on the Commission in accordance 10
with section 101(c)(3). 11
(2) S
UBSEQUENT BUSINESS MEETINGS .—After 12
the initial business meeting of the Survivors Truth 13
and Healing Subcommittee is held under paragraph 14
(1), the Survivors Truth and Healing Subcommittee 15
shall meet at the call of the Chairperson. 16
(3) F
ORMAT OF BUSINESS MEETINGS .—A busi-17
ness meeting of the Survivors Truth and Healing 18
Subcommittee may be conducted in-person or vir-19
tually. 20
(4) Q
UORUM REQUIRED .—A business meeting 21
of the Survivors Truth and Healing Subcommittee 22
may be held only after a quorum, established in ac-23
cordance with subsection (d), is present. 24
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(d) QUORUM.—A simple majority of the members of 1
the Survivors Truth and Healing Subcommittee shall con-2
stitute a quorum for a business meeting. 3
(e) R
ULES.—The Survivors Truth and Healing Sub-4
committee, with the advice of the Commission, may estab-5
lish, by a majority vote, any rules for the conduct of busi-6
ness, in accordance with this section and other applicable 7
law. 8
(f) D
UTIES.—The Survivors Truth and Healing Sub-9
committee shall— 10
(1) assist the Commission, the Native American 11
Truth and Healing Advisory Committee, and the 12
Federal and Religious Truth and Healing Advisory 13
Committee in coordinating public and private 14
convenings, including providing advice to the Com-15
mission on developing criteria and protocols for 16
convenings; 17
(2) provide advice and evaluate Committee rec-18
ommendations relating to the commemoration and 19
public education relating to Indian Boarding Schools 20
and Indian Boarding School Policies; 21
(3) assist the Commission— 22
(A) in the production of the initial and 23
final reports required under paragraphs (2) and 24
(3), respectively, of section 111(e); and 25
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(B) by providing such other advice, or ful-1
filling such other requests, as may be required 2
by the Commission; and 3
(4) coordinate with the Commission, the Native 4
American Truth and Healing Advisory Committee, 5
and the Federal and Religious Truth and Healing 6
Advisory Committee. 7
(g) C
ONSULTATION OR ENGAGEMENTWITHNATIVE 8
A
MERICANS, INDIANTRIBES, TRIBALORGANIZATIONS, 9
THEOFFICE OFHAWAIIANAFFAIRS, ANDNATIVEHA-10
WAIIANORGANIZATIONS.—In carrying out the duties of 11
the Survivors Truth and Healing Subcommittee under 12
subsection (f), the Survivors Truth and Healing Sub-13
committee shall meaningfully consult or engage, as appro-14
priate, in a timely manner with Native Americans, Indian 15
Tribes, Tribal organizations, the Office of Hawaiian Af-16
fairs, and Native Hawaiian organizations. 17
(h) F
EDERALADVISORYCOMMITTEEACTAPPLICA-18
BILITY.—Chapter 10 of title 5, United States Code (com-19
monly known as the ‘‘Federal Advisory Committee Act’’), 20
shall not apply to the Survivors Truth and Healing Sub-21
committee. 22
(i) C
ONGRESSIONALACCOUNTABILITYACTAPPLICA-23
BILITY.—For purposes of the Congressional Account-24
ability Act of 1995 (2 U.S.C. 1301 et seq.), any individual 25
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who is a member of the Survivors Truth and Healing Sub-1
committee shall be considered a covered employee under 2
the Act. 3
(j) P
ERSONNELMATTERS.— 4
(1) C
OMPENSATION OF MEMBERS .—A member 5
of the Survivors Truth and Healing Subcommittee 6
shall be compensated at a daily equivalent of the an-7
nual rate of basic pay prescribed for grade 7, step 8
1, of the General Schedule under section 5332 of 9
title 5, United States Code, for each day, not to ex-10
ceed 10 days per month, for which a member of the 11
Survivors Truth and Healing Subcommittee is en-12
gaged in the performance of their duties under this 13
Act limited to convening meetings, including public 14
and private meetings to receive testimony in further-15
ance of the duties of the Survivors Truth and Heal-16
ing Subcommittee and the purposes of this Act. 17
(2) T
RAVEL EXPENSES.—A member of the Sur-18
vivors Truth and Healing Subcommittee shall be al-19
lowed travel expenses, including per diem in lieu of 20
subsistence, at rates authorized for employees of 21
agencies under subchapter I of chapter 57 of title 5, 22
United States Code, while away from their homes or 23
regular places of business in the performance of 24
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services for the Survivors Truth and Healing Sub-1
committee. 2
TITLE II—ADVISORY 3
COMMITTEES 4
Subtitle A—Native American Truth 5
and Healing Advisory Committee 6
SEC. 201. NATIVE AMERICAN TRUTH AND HEALING ADVI-7
SORY COMMITTEE. 8
(a) E
STABLISHMENT.—The Commission shall estab-9
lish an advisory committee, to be known as the ‘‘Native 10
American Truth and Healing Advisory Committee’’. 11
(b) M
EMBERSHIP, NOMINATION, ANDAPPOINTMENT 12
TO THENATIVEAMERICANTRUTH ANDHEALINGADVI-13
SORYCOMMITTEE.— 14
(1) M
EMBERSHIP.— 15
(A) I
N GENERAL.—The Native American 16
Truth and Healing Advisory Committee shall 17
include 19 members, to be appointed by the 18
Commission from among the nominees sub-19
mitted under paragraph (2)(A), of whom— 20
(i) 1 shall be the Vice Chairperson of 21
the Commission, who shall serve as the 22
Chairperson of the Native American Truth 23
and Healing Advisory Committee; 24
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(ii) 1 shall be the Vice Chairperson of 1
the Survivors Truth and Healing Sub-2
committee, who shall serve as the Vice 3
Chairperson of the Native American Truth 4
and Healing Advisory Committee; 5
(iii) 1 shall be the Secretary of the In-6
terior, or a designee, who shall serve as the 7
Secretary of the Native American Truth 8
and Healing Advisory Committee; 9
(iv) 12 shall be representatives from 10
each of the 12 regions of the Bureau of In-11
dian Affairs and 1 shall be a representative 12
from Hawai‘i; 13
(v) 1 shall represent the National Na-14
tive American Boarding School Healing 15
Coalition; 16
(vi) 1 shall represent the National As-17
sociation of Tribal Historic Preservation 18
Officers; and 19
(vii) 1 shall represent the National In-20
dian Education Association. 21
(B) A
DDITIONAL REQUIREMENTS .—Not 22
fewer than 2 members of the Native American 23
Truth and Healing Advisory Committee shall 24
have experience with health care or mental 25
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health, traditional healing or cultural practices, 1
counseling, or working with survivors, or de-2
scendants of survivors, of Indian Boarding 3
Schools to ensure that the Commission con-4
siders culturally responsive support for sur-5
vivors, families, and communities. 6
(2) N
OMINATIONS.— 7
(A) I
N GENERAL.—Not later than 90 days 8
after the date of the enactment of this Act, In-9
dian Tribes, Tribal organizations, Native Amer-10
icans, the Office of Hawaiian Affairs, and Na-11
tive Hawaiian organizations may submit to the 12
Secretary of the Interior nominations for indi-13
viduals to be appointed as members of the Na-14
tive American Truth and Healing Advisory 15
Committee. 16
(B) S
UBMISSION.—The Secretary of the 17
Interior shall provide the Commission with 18
nominations submitted under subparagraph (A) 19
at the initial business meeting of the Commis-20
sion under section 101(c)(1) and the Commis-21
sion shall select the members of the Native 22
American Truth and Healing Advisory Com-23
mittee from among those nominees. 24
(3) D
ATE.— 25
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(A) IN GENERAL.—The Commission shall 1
appoint all members of the Native American 2
Truth and Healing Advisory Committee during 3
the initial business meeting of the Commission 4
under section 101(c)(1). 5
(B) F
AILURE TO APPOINT .—If the Com-6
mission fails to appoint all members of the Na-7
tive American Truth and Healing Advisory 8
Committee in accordance with subparagraph 9
(A), the Chair of the Committee on Indian Af-10
fairs of the Senate, with the concurrence of the 11
Vice Chair of the Committee on Indian Affairs 12
of the Senate, shall appoint, in accordance with 13
the requirements of paragraph (1), individuals 14
to all vacant positions of the Native American 15
Truth and Healing Advisory Committee not 16
later than 30 days after the date of the initial 17
business meeting of the Commission under sec-18
tion 101(c)(1). 19
(4) P
ERIOD OF APPOINTMENT ; VACANCIES.— 20
(A) P
ERIOD OF APPOINTMENT .—A mem-21
ber of the Native American Truth and Healing 22
Advisory Committee shall be appointed for an 23
automatically renewable term of 2 years. 24
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(B) VACANCIES.—A vacancy in the Native 1
American Truth and Healing Advisory Com-2
mittee— 3
(i) shall not affect the powers of the 4
Native American Truth and Healing Advi-5
sory Committee if a simple majority of the 6
positions of the Native American Truth 7
and Healing Advisory Committee are filled; 8
and 9
(ii) shall be filled within 90 days in 10
the same manner as was the original ap-11
pointment. 12
(5) T
ERMINATION.—The Native American 13
Truth and Healing Advisory Committee shall termi-14
nate 90 days after the date on which the Commis-15
sion submits the final report required under section 16
111(e)(3). 17
(6) L
IMITATION.—No member of the Native 18
American Truth and Healing Advisory Committee 19
(other than the member described in paragraph 20
(1)(A)(iii)) may otherwise be an officer or employee 21
of the Federal Government. 22
(c) Q
UORUM.—A simple majority of the members of 23
the Native American Truth and Healing Advisory Com-24
mittee shall constitute a quorum. 25
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(d) REMOVAL.—A quorum of members of the Native 1
American Truth and Healing Advisory Committee may re-2
move another member only for neglect of duty or malfea-3
sance. 4
(e) B
USINESSMEETINGS.— 5
(1) I
NITIAL 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 Amer-13
ican Truth and Healing Advisory Committee; 14
(B) to appoint 3 designees to fulfill the re-15
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 Com-19
mittee to serve as non-voting designees on the 20
Commission in accordance with section 21
101(c)(3). 22
(2) S
UBSEQUENT BUSINESS MEETINGS .—After 23
the initial business meeting of the Native American 24
Truth and Healing Advisory Committee is held 25
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under paragraph (1), the Native American Truth 1
and Healing Advisory Committee shall meet at the 2
call of the Chairperson. 3
(3) F
ORMAT OF BUSINESS MEETINGS .—A meet-4
ing of the Native American Truth and Healing Advi-5
sory Committee may be conducted in-person or vir-6
tually. 7
(4) Q
UORUM REQUIRED .—A business meeting 8
of the Native American Truth and Healing Advisory 9
Committee may be held only after a quorum, estab-10
lished in accordance with subsection (c), is present. 11
(f) R
ULES.—The Native American Truth and Heal-12
ing Advisory Committee may establish, with the advice of 13
the Commission, by a majority vote, any rules for the con-14
duct of business, in accordance with this section and other 15
applicable law. 16
(g) D
UTIES.—The Native American Truth and Heal-17
ing Advisory Committee shall— 18
(1) serve as an advisory body to the Commis-19
sion; 20
(2) assist the Commission in organizing and 21
carrying out culturally appropriate public and pri-22
vate convenings relating to the duties of the Com-23
mission; 24
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(3) assist the Commission in determining what 1
documentation from Federal and religious organiza-2
tions and institutions may be necessary to fulfill the 3
duties of the Commission; 4
(4) assist the Commission in the production of 5
the initial report and final report required under 6
paragraphs (2) and (3), respectively, of section 7
111(e); 8
(5) coordinate with the Commission, the Fed-9
eral and Religious Truth and Healing Advisory 10
Committee, and the Survivors Truth and Healing 11
Subcommittee; and 12
(6) provide advice to, or fulfill such other re-13
quests by, the Commission as the Commission may 14
require to carry out the purposes described in sec-15
tion 2. 16
(h) C
ONSULTATION OR ENGAGEMENTWITHNATIVE 17
A
MERICANS, INDIANTRIBES, TRIBALORGANIZATIONS, 18
THEOFFICE OFHAWAIIANAFFAIRS, ANDNATIVEHA-19
WAIIANORGANIZATIONS.—In carrying out the duties of 20
the Native American Truth and Healing Advisory Com-21
mittee under subsection (g), the Native American Truth 22
and Healing Advisory Committee shall meaningfully con-23
sult or engage, as appropriate, in a timely manner with 24
Native Americans, Indian Tribes, Tribal organizations, 25
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the Office of Hawaiian Affairs, and Native Hawaiian orga-1
nizations. 2
(i) F
EDERALADVISORYCOMMITTEEACTAPPLICA-3
BILITY.—Chapter 10 of title 5, United States Code (com-4
monly known as the ‘‘Federal Advisory Committee Act’’), 5
shall not apply to the Native American Truth and Healing 6
Advisory Committee. 7
(j) C
ONGRESSIONALACCOUNTABILITYACTAPPLICA-8
BILITY.—For purposes of the Congressional Account-9
ability Act of 1995 (2 U.S.C. 1301 et seq.), any individual 10
who is a member of the Native American Truth and Heal-11
ing Advisory Committee shall be considered a covered em-12
ployee under the Act. 13
(k) P
ERSONNELMATTERS.— 14
(1) C
OMPENSATION OF MEMBERS .—A member 15
of the Native American Truth and Healing Advisory 16
Committee shall be compensated at a daily equiva-17
lent of the annual rate of basic pay prescribed for 18
grade 7, step 1, of the General Schedule under sec-19
tion 5332 of title 5, United States Code, for each 20
day, not to exceed 14 days per month, for which a 21
member is engaged in the performance of their du-22
ties under this Act, limited to convening meetings, 23
including public and private meetings to receive tes-24
timony in furtherance of the duties of the Native 25
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American Truth and Healing Advisory Committee 1
and the purposes of this Act. 2
(2) T
RAVEL EXPENSES.—A member of the Na-3
tive American Truth and Healing Advisory Com-4
mittee shall be allowed travel expenses, including per 5
diem in lieu of subsistence, at rates authorized for 6
employees of agencies under subchapter I of chapter 7
57 of title 5, United States Code, while away from 8
their homes or regular places of business in the per-9
formance of services for the Native American Truth 10
and Healing Advisory Committee. 11
Subtitle B—Federal and Religious 12
Truth and Healing Advisory 13
Committee 14
SEC. 211. FEDERAL AND RELIGIOUS TRUTH AND HEALING 15
ADVISORY COMMITTEE. 16
(a) E
STABLISHMENT.—There is established within 17
the Department of the Interior an advisory committee, to 18
be known as the ‘‘Federal and Religious Truth and Heal-19
ing Advisory Committee’’. 20
(b) M
EMBERSHIP AND APPOINTMENT TO THE FED-21
ERAL ANDRELIGIOUSTRUTH ANDHEALINGADVISORY 22
C
OMMITTEE.— 23
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(1) MEMBERSHIP.—The Federal and Religious 1
Truth and Healing Advisory Committee shall include 2
20 members, of whom— 3
(A) 1 shall be the Chairperson of the Com-4
mission, who shall serve as the Chairperson of 5
the Federal and Religious Truth and Healing 6
Advisory Committee; 7
(B) 1 shall be the Chairperson of the Sur-8
vivors Truth and Healing Subcommittee, who 9
shall serve as the Vice Chairperson of the Fed-10
eral and Religious Truth and Healing Advisory 11
Committee; 12
(C) 1 shall be the White House Domestic 13
Policy Advisor, who shall serve as the Secretary 14
of the Federal and Religious Truth and Healing 15
Advisory Committee; 16
(D) 1 shall be the Director of the Bureau 17
of Trust Funds Administration (or a designee); 18
(E) 1 shall be the Archivist of the United 19
States (or a designee); 20
(F) 1 shall be the Librarian of Congress 21
(or a designee); 22
(G) 1 shall be the Director of the Depart-23
ment of the Interior Library (or a designee); 24
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(H) 1 shall be the Director of the Indian 1
Health Service (or a designee); 2
(I) 1 shall be the Assistant Secretary for 3
Mental Health and Substance Abuse of the De-4
partment of Health and Human Services (or a 5
designee); 6
(J) 1 shall be the Commissioner of the Ad-7
ministration for Native Americans of the De-8
partment of Health and Human Services (or a 9
designee); 10
(K) 1 shall be the Director of the National 11
Institutes of Health (or a designee); 12
(L) 1 shall be the Senior Program Director 13
of the Office of Native Hawaiian Relations of 14
the Department of the Interior (or a designee); 15
(M) 1 shall be the Director of the Office 16
of Indian Education of the Department of Edu-17
cation (or a designee); 18
(N) 1 shall be the Director of the Rural, 19
Insular, and Native American Achievement Pro-20
grams of the Department of Education (or a 21
designee); 22
(O) 1 shall be the Chair of the Advisory 23
Council on Historic Preservation (or a des-24
ignee); 25
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(P) 1 shall be the Assistant Secretary of 1
Indian Affairs (or a designee); 2
(Q) 1 shall be the Director of the Bureau 3
of Indian Education (or a designee); and 4
(R) 3 shall be representatives employed by, 5
or representatives of, religious institutions, to 6
be appointed by the White House Office of 7
Faith-Based and Neighborhood Partnerships in 8
consultation with relevant religious institutions. 9
(2) P
ERIOD OF SERVICE ; VACANCIES; RE-10
MOVAL.— 11
(A) P
ERIOD OF SERVICE.—A member of 12
the Federal and Religious Truth and Healing 13
Advisory Committee shall serve for an auto-14
matically renewable term of 2 years. 15
(B) V
ACANCIES.—A vacancy in the Fed-16
eral and Religious Truth and Healing Advisory 17
Committee— 18
(i) shall not affect the powers of the 19
Federal and Religious Truth and Healing 20
Advisory Committee if a simple majority of 21
the positions of the Federal and Religious 22
Truth and Healing Advisory Committee 23
are filled; and 24
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(ii) shall be filled within 90 days in 1
the same manner as was the original ap-2
pointment. 3
(C) R
EMOVAL.—A quorum of members of 4
the Federal and Religious Truth and Healing 5
Advisory Committee may remove a member of 6
the Federal and Religious Truth and Healing 7
Advisory Committee only for neglect of duty or 8
malfeasance. 9
(3) T
ERMINATION.—The Federal and Religious 10
Truth and Healing Advisory Committee shall termi-11
nate 90 days after the date on which the Commis-12
sion submits the final report required under section 13
111(e)(3). 14
(c) B
USINESSMEETINGS.— 15
(1) I
NITIAL BUSINESS MEETING .—Not later 16
than 30 days after the date of the initial business 17
meeting of the Commission under section 101(c)(1), 18
the Federal and Religious Truth and Healing Advi-19
sory Committee shall hold an initial business meet-20
ing— 21
(A) to establish rules for the Federal and 22
Religious Truth and Healing Advisory Com-23
mittee; and 24
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(B) to appoint 2 members of the Federal 1
and Religious Truth and Healing Advisory 2
Committee to serve as non-voting designees on 3
the Commission in accordance with section 4
101(c)(3). 5
(2) S
UBSEQUENT BUSINESS MEETINGS .—After 6
the initial business meeting of the Federal and Reli-7
gious Truth and Healing Advisory Committee is held 8
under paragraph (1), the Federal and Religious 9
Truth and Healing Advisory Committee shall meet 10
at the call of the Chairperson. 11
(3) F
ORMAT OF BUSINESS MEETINGS .—A busi-12
ness meeting of the Federal and Religious Truth 13
and Healing Advisory Committee may be conducted 14
in-person or virtually. 15
(4) Q
UORUM REQUIRED .—A business meeting 16
of the Federal and Religious Truth and Healing Ad-17
visory Committee may be held only after a quorum, 18
established in accordance with subsection (d), is 19
present. 20
(d) Q
UORUM.—A simple majority of the members of 21
the Federal and Religious Truth and Healing Advisory 22
Committee shall constitute a quorum for a business meet-23
ing. 24
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(e) RULES.—The Federal and Religious Truth and 1
Healing Advisory Committee may establish, with the ad-2
vice of the Commission, by a majority vote, any rules for 3
the conduct of business, in accordance with this section 4
and other applicable law. 5
(f) D
UTIES.—The Federal and Religious Truth and 6
Healing Advisory Committee shall— 7
(1) ensure the effective and timely coordination 8
among Federal agencies and religious institutions in 9
furtherance of the purposes of this Act; 10
(2) assist the Commission and the Native 11
American Truth and Healing Advisory Committee in 12
coordinating— 13
(A) meetings and other related public and 14
private convenings; and 15
(B) the collection, organization, and pres-16
ervation of information obtained from witnesses 17
and by other Federal agencies and religious in-18
stitutions; 19
(3) ensure the timely submission to the Com-20
mission of materials, documents, testimony, and 21
such other information as the Commission deter-22
mines to be necessary to carry out the duties of the 23
Commission; and 24
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(4) coordinate with the Commission, the Native 1
American Truth and Healing Advisory Committee, 2
and the Survivors Truth and Healing Subcommittee 3
to carry out the purposes of this Act. 4
(g) C
ONSULTATION OR ENGAGEMENTWITHNATIVE 5
A
MERICANS, INDIANTRIBES, TRIBALORGANIZATIONS, 6
THEOFFICE OFHAWAIIANAFFAIRS, ANDNATIVEHA-7
WAIIANORGANIZATIONS.—In carrying out the duties of 8
the Federal and Religious Truth and Healing Advisory 9
Committee under subsection (f), the Federal and Religious 10
Truth and Healing Advisory Committee shall meaningfully 11
consult or engage, as appropriate, in a timely manner with 12
Native Americans, Indian Tribes, Tribal organizations, 13
the Office of Hawaiian Affairs, and Native Hawaiian orga-14
nizations. 15
(h) N
ONDISCLOSURE.— 16
(1) P
RIVACY ACT OF 1974 APPLICABILITY .— 17
Subsection (b) of section 552a of title 5, United 18
States Code (commonly known as the ‘‘Privacy Act 19
of 1974’’), shall not apply to the Federal and Reli-20
gious Truth and Healing Advisory Committee. 21
(2) F
REEDOM OF INFORMATION ACT APPLICA -22
BILITY.—Records and other communications in the 23
possession of the Federal and Religious Truth and 24
Healing Advisory Committee shall be exempt from 25
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disclosure under subsection (b)(3)(B) of section 552 1
of title 5, United States Code (commonly known as 2
the ‘‘Freedom of Information Act’’). 3
(3) F
EDERAL ADVISORY COMMITTEE ACT AP -4
PLICABILITY.—Chapter 10 of title 5, United States 5
Code (commonly known as the ‘‘Federal Advisory 6
Committee Act’’), shall not apply to the Federal and 7
Religious Truth and Healing Advisory Committee. 8
TITLE III—GENERAL 9
PROVISIONS 10
SEC. 301. CLARIFICATION. 11
The Native American Graves Protection and Repatri-12
ation Act (25 U.S.C. 3001 et seq.) shall apply to cultural 13
items (as defined in section 2 of that Act (25 U.S.C. 14
3001)) relating to an Indian Boarding School or Indian 15
Boarding School Policies regardless of interpretation of 16
applicability by a Federal agency. 17
SEC. 302. BURIAL MANAGEMENT. 18
Federal agencies shall permit reburial of cultural 19
items relating to an Indian Boarding School or Indian 20
Boarding School Policies that have been repatriated pur-21
suant to the Native American Graves Protection and Re-22
patriation Act (25 U.S.C. 3001 et seq.), or returned to 23
a lineal descendant, Indian Tribe, or Native Hawaiian or-24
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ganization by any other disinterment process, on any Fed-1
eral land as agreed to by the relevant parties. 2
SEC. 303. CO-STEWARDSHIP AGREEMENTS. 3
A Federal agency that carries out activities pursuant 4
to this Act or that created or controls a cemetery with 5
remains of an individual who attended an Indian Boarding 6
School or an Indian Boarding School may enter into a 7
co-stewardship agreement for the management of the cem-8
etery or Indian Boarding School. 9
SEC. 304. NO RIGHT OF ACTION. 10
Nothing in this Act creates a private right of action 11
to seek administrative or judicial relief. 12
Æ 
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