No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7227 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7227
To establish the Truth and Healing Commission on Indian Boarding School
Policies in the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2024
Ms. Davids of Kansas (for herself and Mr. Cole) introduced the
following bill; which was referred to the Committee on Education and
the Workforce, and in addition to the Committees on Natural Resources,
and Energy and Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the Truth and Healing Commission on Indian Boarding School
Policies in the United States, and for other purposes.
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. 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'' American
Indians, Alaska Natives, and Native Hawaiians that included
psychological, physical, sexual, and mental abuse, forced
removal from home or community, and identity-altering practices
intended to terminate Native languages, cultures, religions,
social organizations, or connections to traditional land.
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(7) Native american.--The term ``Native American'' means an
individual who is--
(A) an Indian; or
(B) a Native Hawaiian.
(8) Native american truth and healing advisory committee.--
The term ``Native American Truth and Healing Advisory
Committee'' means the Native American Truth and Healing
Advisory Committee established by the Commission under section
201(a).
(9) Native hawaiian.--The term ``Native Hawaiian'' has the
meaning given the term in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517).
(10) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means a private nonprofit organization
that--
(A) serves and represents the interests of Native
Hawaiians;
(B) has as its primary and stated purpose the
provision of services to Native Hawaiians;
(C) has Native Hawaiians serving in substantive and
policymaking positions; and
(D) is recognized for having expertise in Native
Hawaiian affairs.
(11) Office of hawaiian affairs.--The term ``Office of
Hawaiian Affairs'' has the meaning given the term in section
6207 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7517).
(12) Survivors truth and healing subcommittee.--The term
``Survivors Truth and Healing Subcommittee'' means the
Survivors Truth and Healing Subcommittee established by section
121(a).
(13) Trauma-informed care.--The term ``trauma-informed
care'' means holistic psychological and health care practices
that include promoting culturally responsive practices, patient
psychological, physical, and emotional safety, and environments
of healing, trust, peer support, and recovery.
(14) Tribal organization.--The term ``Tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
TITLE I--COMMISSION AND SUBCOMMITTEES
Subtitle A--Truth and Healing Commission on Indian Boarding School
Policies in the United States
SEC. 101. TRUTH AND HEALING COMMISSION ON INDIAN BOARDING SCHOOL
POLICIES IN THE UNITED STATES.
(a) Establishment.--There is established a commission, to be known
as the ``Truth and Healing Commission on Indian Boarding School
Policies in the United States''.
(b) Membership.--
(1) Membership.--
(A) In general.--The Commission shall include 5
members, to be jointly appointed by the majority and
minority leaders of the Senate, in consultation with
the Chairperson and Vice Chairperson of the Committee
on Indian Affairs of the Senate, the Speaker of the
House of Representatives, the minority leader of the
House of Representatives, and the Chair and Ranking
Member of the Committee on Natural Resources of the
House of Representatives, from among the nominees
submitted under paragraph (2)(A), of whom--
(i) 1 shall be an individual with extensive
experience and expertise as a principal
investigator overseeing or leading complex
research initiatives with and for Indian Tribes
and Native Americans;
(ii) 1 shall be an individual (barred in
good standing) with extensive experience and
expertise in the area of indigenous human
rights law and policy, including overseeing or
leading broad-scale investigations of abuses of
indigenous human rights;
(iii) 1 shall be an individual with
extensive experience and expertise in Tribal
court judicial and restorative justice systems
and Federal agencies, such as participation as
a Tribal judge, researcher, or former
presidentially appointed commissioner;
(iv) 1 shall be an individual with
extensive experience and expertise in providing
and coordinating trauma-informed care and other
health-related services to Indian Tribes and
Native Americans; and
(v) 1 shall be a Native American individual
recognized as a traditional cultural authority
by their respective Native community.
(B) Additional requirements for membership.--In
addition to the requirements described in subparagraph
(A), members of the Commission shall be persons of
recognized integrity and empathy, with a demonstrated
commitment to the values of truth, reconciliation,
healing, and expertise in truth and healing endeavors
that are traditionally and culturally appropriate so as
to provide balanced points of view and expertise with
respect to the duties of the Commission.
(2) Nominations.--
(A) In general.--Indian Tribes, Tribal
organizations, Native Americans, the Office of Hawaiian
Affairs, and Native Hawaiian organizations may submit
to the Secretary of the Interior nominations for
individuals to be appointed to the Commission not later
than 90 days after the date of the enactment of this
Act.
(B) Native american preference.--Individuals
nominated under subparagraph (A) who are Native
American shall receive a preference in the selection
process for appointment to the Commission under
paragraph (1).
(C) Submission to congress.--Not later than 7 days
after the submission deadline for nominations described
in subparagraph (A), the Secretary of the Interior
shall submit to Congress a list of the individuals
nominated under that subparagraph.
(3) Date.--Members of the Commission under paragraph (1)
shall be appointed not later than 180 days after the date of
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, a
Secretary, and such other positions as determined
necessary by the Commission;
(B) to establish rules for meetings of the
Commission; and
(C) to appoint members of--
(i) the Survivors Truth and Healing
Subcommittee under section 121(b)(1); and
(ii) the Native American Truth and Healing
Advisory Committee under section 201(b)(1).
(2) Subsequent business meetings.--After the initial
business meeting of the Commission is held under paragraph (1),
the Commission shall meet at the call of the Chairperson.
(3) Advisory and subcommittee committees designees.--Each
Commission business meeting shall include participation by 2
non-voting designees from each of the Survivors Truth and
Healing Subcommittee, the Native American Truth and Healing
Advisory Committee, and the Federal Truth and Healing Advisory
Committee, as appointed in accordance with section
121(c)(1)(D), section 201(e)(1)(C), and section 211(c)(1)(C),
as applicable.
(4) Format of meetings.--A business meeting of the
Commission may be conducted in-person, virtually, or via phone.
(5) Quorum required.--A business meeting of the Commission
may only be held once a quorum, established in accordance with
subsection (d), is present.
(d) Quorum.--A simple majority of the members of the Commission
present shall constitute a quorum for a business meeting.
(e) Rules.--The Commission may establish, by a majority vote, any
rules for the conduct of Commission business, in accordance with this
section and other applicable law.
(f) Commission Personnel Matters.--
(1) Compensation of commissioners.--A member of the
Commission shall be compensated at a daily equivalent of the
annual rate of basic pay prescribed for grade 14 of the General
Schedule under section 5332 of title 5, United States Code, for
each day, not to exceed 14 days per month, for which a member
is engaged in the performance of their duties under this Act,
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 of title 31, United States
Code, the Commission may accept and use such voluntary
and uncompensated services as the Commission determines
to be necessary.
(C) General services administration.--The
Administrator of General Services shall provide, on
request of the Commission, on a reimbursable basis,
administrative support and other services for the
performance of the functions of the Commission under
this Act.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(4) Gifts, fundraising, and disbursement.--
(A) Gifts and donations.--
(i) In general.--The Commission may accept,
use, and dispose of any gift, donation,
service, property, or other record or recording
to accomplish the purposes of this Act.
(ii) Return of gifts and donations.--On
termination of the Commission under subsection
(b)(5), any gifts, unspent donations, property,
or other record or recording accepted by the
Commission under clause (i) shall be--
(I) returned to the applicable
donor that made the donation under that
clause; or
(II) archived under subparagraph
(E).
(B) Fundraising.--The Commission may, on the
affirmative vote of \3/5\ of the members of the
Commission, solicit funds to accomplish the purposes of
this Act.
(C) Disbursement.--The Commission may, on the
affirmative vote of \3/5\ of the members of the
Commission, approve the expenditure of funds to
accomplish the purposes of this Act.
(D) Tax documents.--The Commission (or a designee)
shall, on request of a donor under subparagraph (A) or
(B), provide tax documentation to that donor for any
tax-deductible gift made by that donor under those
subparagraphs.
(E) Archiving.--The Commission shall coordinate
with the Library of Congress and the National Museum of
the American Indian to archive and preserve relevant
gifts or donations received under subparagraph (A) or
(B).
(h) Convening.--
(1) Convening protocol.--
(A) In general.--Not later than 45 days after the
initial business meeting of the Native American Truth
and Healing Advisory Committee, the Commission, 3
designees from the Native American Truth and Healing
Advisory Committee, and 3 designees from the Survivors
Truth and Healing Subcommittee shall hold a meeting to
establish rules, protocols, and formats for convenings
carried out under this subsection.
(B) Rules and protocols.--Not later than 45 days
after the initial meeting described in subparagraph
(A), the Commission shall finalize rules, protocols,
and formats for convenings carried out under this
subsection by a \3/5\ majority in attendance at a
meeting of the Commission.
(C) Additional meetings.--The Commission and
designees described in subparagraph (A) may hold
additional meetings, as necessary, to amend, by a \3/5\
majority in attendance at a meeting of the Commission,
the rules, protocols, and formats for convenings
established under that subparagraph.
(2) Announcement of convenings.--Not later than 30 days
before the date of a convening under this subsection, the
Commission shall announce the location and details of the
convening.
(3) Minimum number of convenings.--The Commission shall
hold--
(A) not fewer than 1 convening in each of the 12
regions of the Bureau of Indian Affairs and Hawai'i
during the life of the Commission; and
(B) beginning 1 year after the date of the
enactment of this Act, not fewer than 1 convening per
quarter to receive testimony each calendar year until
the date on which the Commission submits the final
report of the Commission under section 111(e)(3).
(4) Opportunity to provide testimony.--No person or entity
shall be denied the opportunity to provide relevant testimony
at a convenings held under this subsection, subject to the
discretion of the Chairperson of the Commission (or a
designee).
(i) Subpoenas.--
(1) In general.--
(A) Issuance of subpoenas.--
(i) In general.--If a person fails to
supply information requested by the Commission,
the Commission may issue, on a unanimous vote
of the Commission, a subpoena requiring from a
person the production of any written or
recorded evidence necessary to carry out the
duties of the Commission under section 111.
(ii) Notification.--
(I) In general.--Not later than 10
days before the date on which the
Commission issues a subpoena under
clause (i), the Commission shall submit
to the Attorney General a confidential,
written notice of the intent to issue
the subpoena.
(II) Subpoena prohibited by
attorney general.--
(aa) In general.--The
Attorney General, on receiving
a notice under subclause (I),
may, on a showing of a
procedural or substantive
defect, and after the
Commission has a reasonable
opportunity to cure, prohibit
the issuance of the applicable
subpoena described in that
notice.
(bb) Notification to
congress.--On prohibition of
the issuance of a subpoena
under item (aa), the Attorney
General shall submit to
Congress a report detailing the
reasons for that prohibition.
(B) Production of evidence.--The production of
evidence may be required from any place within the
United States.
(2) Failure to obey a subpoena.--
(A) Order from a district court of the united
states.--If a person does not obey a subpoena issued
under paragraph (1), the Commission is authorized to
apply to a district court of the United States
described in subparagraph (B) for an order requiring
that person to comply with the subpoena.
(B) Location.--An application under subparagraph
(A) may be made within the judicial district where the
person described in that subparagraph resides or
transacts business.
(C) Penalty.--Any failure to obey an order of a
court described in subparagraph (A) may be punished by
the court as a civil contempt.
(3) Subject matter jurisdiction.--The district court of the
United States in which an action is brought under paragraph
(2)(B) shall have original jurisdiction over any civil action
brought by the Commission to enforce, secure a declaratory
judgment concerning the validity of, or prevent a threatened
refusal or failure to comply with the applicable subpoena
issued by the Commission.
(4) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a district court of the United States under the Federal Rules
of Civil Procedure.
(5) Service of process.--All process of any court to which
an application is made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or transacts business.
(j) Nondisclosure.--
(1) Privacy act of 1974 applicability.--Subsection (b) of
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974''), shall not apply to the
Commission.
(2) Freedom of information act applicability.--Records and
other communications provided to, from, between, or within the
Commission, the Federal Truth and Healing Advisory Committee,
the Native American Truth and Healing Advisory Committee, the
Survivors Truth and Healing Subcommittee, and related agencies
shall be exempt from disclosure under subsection (b)(3)(B) of
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act'').
(3) Federal advisory committee act applicability.--Chapter
10 of title 5, United States Code (commonly known as the
``Federal Advisory Committee Act''), shall not apply to the
Commission.
(k) Consultation or Engagement With Native Americans, Indian
Tribes, Tribal Organizations, the Office of Hawaiian Affairs, and
Native Hawaiian Organizations.--In carrying out the duties of the
Commission under section 111, the Commission shall meaningfully consult
or engage, as appropriate, in a timely manner with Native Americans,
Indian Tribes, Tribal organizations, the Office of Hawaiian Affairs,
and Native Hawaiian organizations.
(l) Authorization of Appropriations.--For each fiscal year that 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.
(m) 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 the
Commission determines relevant to the
investigation of the Commission; and
(ii) Indian Tribes, Tribal organizations,
Native Americans, the Office of Hawaiian
Affairs, and Native Hawaiian organizations; and
(C) conducting a comprehensive assessment of the
impacts of Indian Boarding School Policies on American
Indian, Alaska Native, and Native Hawaiian cultures,
traditions, and languages.
(3) Research related to objects, artifacts, and real
property.--If the Commission conducts a comprehensive review of
research described in paragraph (2)(A)(ii) that focuses on
objects, artifacts, or real or personal property that are in
the possession or control of private individuals, private
entities, or non-Federal Government entities within the United
States, the Commission may enter into a contract or agreement
to acquire, hold, curate, or maintain those objects, artifacts,
or real or personal property until the objects, artifacts, or
real or personal property can be properly repatriated or
returned, consistent with applicable Federal law and
regulations, subject to the condition that no Federal funds may
be used to purchase those objects, artifacts, or real or
personal property.
(b) Meetings and Convenings.--
(1) In general.--The Commission shall hold, with the advice
of the Native American Truth and Healing Advisory Committee and
the Survivors Truth and Healing Subcommittee, and in
coordination with, as relevant, Indian Tribes, Tribal
organizations, the Office of Hawaiian Affairs, and Native
Hawaiian organizations, as part of its investigation under
subsection (a), safe, trauma-informed, and culturally
appropriate public or private meetings or convenings to receive
testimony relating to that investigation.
(2) Requirements.--The Commission shall ensure that
meetings and convenings held under paragraph (1) provide access
to adequate trauma-informed care services for participants,
attendees, and communities during and following the meetings
and convenings where the Commission receives testimony,
including ensuring private space is available for survivors and
descendants of survivors, family members, and other community
members to receive trauma-informed care services.
(c) Recommendations.--
(1) In general.--The Commission shall make recommendations
to Congress relating to the investigation carried out under
subsection (a), which shall be included in the final report
required under subsection (e)(3).
(2) Inclusions.--Recommendations made under paragraph (1)
shall include, at a minimum, recommendations relating to--
(A) in light of Tribal and Native Hawaiian law,
Tribal customary law, tradition, custom, and practice,
how the Federal Government can meaningfully acknowledge
the role of the Federal Government in supporting Indian
Boarding School Policies in all issue areas that the
Commission determines relevant, including appropriate
forms of memorialization, preservation of records,
objects, artifacts, and burials;
(B) how modification of existing laws, procedures,
regulations, policies, budgets, and practices will, in
the determination of the Commission, address the
findings of the Commission and ongoing effects of
Indian Boarding School Policies; and
(C) how the Federal Government can promote public
awareness and education of Indian Boarding School
Policies and the impacts of those policies, including
through coordinating with the Native American Truth and
Healing Advisory Committee, the Survivors Truth and
Healing Subcommittee, the National Museum of the
American Indian, and other relevant institutions and
organizations.
(d) Duties Related to Burials.--The Commission shall, with respect
to burial sites associated with Indian Boarding Schools--
(1) coordinate, as appropriate, with the Native American
Truth and Healing Advisory Committee, the Federal Truth and
Healing Advisory Committee, the Survivors Truth and Healing
Subcommittee, lineal descendants, Indian Tribes, the Office of
Hawaiian Affairs, Federal agencies, institutions, and
organizations to locate and identify, in a culturally
appropriate manner, marked and unmarked burial sites, including
cemeteries, unmarked graves, and mass burial sites, where
students of Indian Boarding Schools were originally or later
interred;
(2) locate, document, analyze, and coordinate the
preservation or continued preservation of records and
information relating to the interment of students, including
any records held by Federal, State, international, or local
entities or religious institutions or organizations; and
(3) share, to the extent practicable, with affected lineal
descendants, Indian Tribes, and the Office of Hawaiian Affairs
burial locations and the identities of children that attended
Indian Boarding Schools.
(e) Reports.--
(1) Annual reports to congress.--Not less frequently than
annually each year until the year before the year in which the
Commission 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 Committee during the previous
year, including an accounting of funds and gifts received and
expenditures made, the progress made, and any barriers
encountered in carrying out this Act.
(2) Commission initial report.--Not later than 4 years
after the date on which a majority of the members of the
Commission are appointed under section 101(b)(1), the
Commission shall submit to the individuals described in
paragraph (4), and make publicly available, an initial report
containing--
(A) a detailed review of existing research,
including documentation, scholarship, or other
resources shared with the Commission that further the
purposes of this Act;
(B) a detailed statement of the initial findings
and conclusions of the Commission; and
(C) a detailed statement of the initial
recommendations of the Commission.
(3) Commission final report.--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 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 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) 13 shall be representatives from each of the 12
regions of the Bureau of Indian Affairs and Hawai'i;
(B) 9 shall be individuals who attended an Indian
Boarding School, of whom--
(i) not fewer than 2 shall be individuals
who graduated during the 5-year period
preceding the date of 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 self-vacate
the position at any time and for any reason.
(ii) Effect; filling of vacancy.--A vacancy
in the Survivors Truth and Healing
Subcommittee--
(I) shall not affect the powers of
the Survivors Truth and Healing
Subcommittee if a simple majority of
the positions of the Survivors Truth
and Healing Subcommittee are filled;
and
(II) shall be filled within 90 days
in the same manner as was the original
appointment.
(C) Removal.--A quorum of members of the Commission
may remove a member of the Survivors Truth and Healing
Subcommittee only for neglect of duty or malfeasance.
(5) Termination.--The Survivors Truth and Healing
Subcommittee shall terminate 90 days after the date on which
the Commission submits the final report required under section
111(e)(3).
(6) Limitation.--No member of the Survivors Truth and
Healing Subcommittee shall be an officer or employee of the
Federal Government.
(c) Business Meetings.--
(1) Initial meeting.--Not later 30 days after the date on
which all members of the Survivors Truth and Healing
Subcommittee are appointed under subsection (b)(1), the
Survivors Truth and Healing Subcommittee shall hold an initial
business meeting--
(A) to appoint--
(i) a Chairperson, who shall also serve as
the Vice Chairperson of the Federal Truth and
Healing Advisory Committee;
(ii) a Vice Chairperson, who shall also
serve as the Vice Chairperson of the Native
American Truth and Healing Advisory Committee;
and
(iii) a Secretary;
(B) to establish, with the advice of the
Commission, rules for the Survivors Truth and Healing
Subcommittee;
(C) to appoint 3 designees to fulfill the
responsibilities described in section 101(h)(1)(A); and
(D) to appoint, with the advice of the Commission,
2 members of the Survivors Truth and Healing
Subcommittee to serve as non-voting designees on the
Commission in accordance with section 101(c)(3).
(2) Subsequent business meetings.--After the initial
business meeting of the Survivors Truth and Healing
subcommittee is held under paragraph (1), the Survivors Truth
and Healing Subcommittee shall meet at the call of the
Chairperson.
(3) Format of business meetings.--A business meeting of the
Survivors Truth and Healing Subcommittee may be conducted in-
person, virtually, or via phone.
(4) Quorum required.--A business meeting of the Survivors
Truth and Healing Subcommittee may only be held once a quorum,
established in accordance with subsection (d), is present.
(d) Quorum.--A simple majority of the members of the Survivors
Truth and Healing Subcommittee present shall constitute a quorum for a
business meeting.
(e) Rules.--The Survivors Truth and Healing Subcommittee, with the
advice of the Commission, may establish, by a majority vote, any rules
for the conduct of business, in accordance with this section and other
applicable law.
(f) Duties.--The Survivors Truth and Healing Subcommittee shall
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) Nondisclosure.--
(1) Privacy act of 1974 applicability.--Subsection (b) of
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974''), shall not apply to the Survivors
Truth and Healing Subcommittee.
(2) Freedom of information act applicability.--Records and
other communications provided to, from, between, or within the
Commission, the Federal Truth and Healing Advisory Committee,
the Native American Truth and Healing Advisory Committee, the
Survivors Truth and Healing Subcommittee, and related agencies
shall be exempt from disclosure under subsection (b)(3)(B) of
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act'').
(3) Federal advisory committee act applicability.--Chapter
10 of title 5, United States Code (commonly known as the
``Federal Advisory Committee Act''), shall not apply to the
Survivors Truth and Healing Subcommittee.
(i) Personnel Matters.--
(1) Compensation of members.--A member of the Survivors
Truth and Healing Subcommittee shall be compensated at a daily
equivalent of the annual rate of basic pay prescribed for grade
13 of the General Schedule under section 5332 of title 5,
United States Code, for each day, not to exceed 14 days per
month, for which a member of the Survivors Truth and Healing
Subcommittee is engaged in the performance of their duties
under this Act 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) 13 shall be representatives from each
of the 12 regions of the Bureau of Indian
Affairs and Hawai'i;
(v) 1 shall represent the National Native
American Boarding School Healing Coalition;
(vi) 1 shall represent the National
Association of Tribal Historic Preservation
Officers; and
(vii) 1 shall represent the National Indian
Education Association.
(B) Additional requirements.--Not fewer than 2
members of the Native American Truth and Healing
Advisory Committee shall have experience with health
care or mental health, traditional healing or cultural
practices, counseling, or working with survivors, or
descendants of survivors, of Indian Boarding Schools to
ensure that the Commission considers culturally
responsive support for survivors, families, and
communities.
(2) Nominations.--
(A) In general.--Indian Tribes, Tribal
organizations, Native Americans, the Office of Hawaiian
Affairs, and Native Hawaiian organizations may submit
to the Secretary of the Interior nominations for
individuals to be appointed to the Native American
Truth and Healing Advisory Committee not later than 90
days after the date of 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 members of the Native
American Truth and Healing Committee shall constitute a quorum.
(d) Removal.--A quorum of members of the Native American Truth and
Healing Committee may remove another member only for neglect of duty or
malfeasance.
(e) Business Meetings.--
(1) Initial business meeting.--Not later than 30 days after
the date on which all members of the Native American Truth and
Healing Advisory Committee are appointed under subsection
(b)(1)(A), the Native American Truth and Healing Advisory
Committee shall hold an initial business meeting--
(A) to establish rules for the Native American
Truth and Healing Advisory Committee;
(B) to appoint 3 designees to fulfill the
responsibilities described in section 101(h)(1)(A); and
(C) to appoint 2 members of the Native American
Truth and Healing Advisory Committee to serve non-
voting as designees on the Commission in accordance
with section 101(c)(3).
(2) Subsequent business meetings.--After the initial
business meeting of the Native American Truth and Healing
Advisory Committee is held under paragraph (1), the Native
American Truth and Healing Advisory Committee shall meet at the
call of the Chairperson.
(3) Format of business meetings.--A meeting of the Native
American Truth and Healing Advisory Committee may be conducted
in-person, virtually, or via phone.
(4) Quorum required.--A business meeting of the Native
American Truth and Healing Advisory Committee may only be held
once a quorum, established in accordance with subsection (c),
is present.
(f) Rules.--The Native American Truth and Healing Advisory
Committee may establish, with the advice of the Commission, by a
majority vote, any rules for the conduct of business, in accordance
with this section and other applicable law.
(g) Duties.--The Native American Truth and Healing Advisory
Committee shall--
(1) serve as an advisory body to the Commission;
(2) assist the Commission in organizing and carrying out
culturally appropriate public and private convenings relating
to the duties of the Commission;
(3) assist the Commission in determining what documentation
from Federal and religious organizations and institutions may
be necessary to fulfill the duties of the Commission;
(4) assist the Commission in the production of the initial
report and final report required under paragraphs (2) and (3),
respectively, of section 111(e);
(5) coordinate with the Federal Truth and Healing Advisory
Committee and the Survivors Truth and Healing Subcommittee; and
(6) provide advice to, or fulfill such other requests by,
the Commission as the Commission may require to carry out the
purposes described in section 3.
(h) Consultation or Engagement With Native Americans, Indian
Tribes, Tribal Organizations, the Office of Hawaiian Affairs, and
Native Hawaiian Organizations.--In carrying out the duties of the
Native American Truth and Healing Advisory Committee under subsection
(g), the Native American Truth and Healing Advisory Committee shall
meaningfully consult or engage, as appropriate, in a timely manner with
Native Americans, Indian Tribes, Tribal organizations, the Office of
Hawaiian Affairs, and Native Hawaiian organizations.
(i) Nondisclosure.--
(1) Privacy act of 1974 applicability.--Subsection (b) of
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974''), shall not apply to the Native
American Truth and Healing Advisory Committee.
(2) Freedom of information act applicability.--Records and
other communications provided to, from, between, or within the
Commission, the Federal Truth and Healing Advisory Committee,
the Native American Truth and Healing Advisory Committee, the
Survivors Truth and Healing Subcommittee, and related agencies
shall be exempt from disclosure under subsection (b)(3)(B) of
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act'').
(3) Federal advisory committee act applicability.--Chapter
10 of title 5, United States Code (commonly known as the
``Federal Advisory Committee Act''), shall not apply to the
Native American Truth and Healing Advisory Committee.
(j) Personnel Matters.--
(1) Compensation of members.--A member of the Native
American Truth and Healing Advisory Committee shall be
compensated at a daily equivalent of the annual rate of basic
pay prescribed for grade 13 of the General Schedule under
section 5332 of title 5, United States Code, for each day, not
to exceed 14 days per month, for which a member is engaged in
the performance of their duties under this Act, 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, virtually, or via phone.
(4) Quorum required.--A business meeting of the Federal
Truth and Healing Advisory Committee may only be held once a
quorum, established in accordance with subsection (d), is
present.
(d) Quorum.--A simple majority of the members of the Federal Truth
and Healing Advisory Committee present shall constitute a quorum for a
business meeting.
(e) Rules.--The Federal Truth and Healing Advisory Committee may
establish, with the advice of the Commission, by a majority vote, any
rules for the conduct of business, in accordance with this section and
other applicable law.
(f) Duties.--The Federal Truth and Healing Advisory Committee
shall--
(1) ensure the effective and timely coordination between
Federal agencies in furtherance of the purposes of this Act;
(2) assist the Commission and the Native American Truth and
Healing Advisory Committee in coordinating--
(A) meetings and other related public and private
convenings; and
(B) the collection, organization, and preservation
of information obtained from witnesses and by other
Federal agencies; and
(3) ensure the timely submission to the Commission of
materials, documents, testimony, and such other information as
the Commission determines to be necessary to carry out the
duties of the Commission.
(g) Consultation or Engagement With Native Americans, Indian
Tribes, Tribal Organizations, the Office of Hawaiian Affairs, and
Native Hawaiian Organizations.--In carrying out the duties of the
Federal Truth and Healing Advisory Committee under subsection (f), the
Federal Truth and Healing Advisory Committee shall meaningfully consult
or engage, as appropriate, in a timely manner with Native Americans,
Indian Tribes, Tribal organizations, the Office of Hawaiian Affairs,
and Native Hawaiian organizations.
(h) Nondisclosure.--
(1) Privacy act of 1974 applicability.--Subsection (b) of
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974''), shall not apply to the Federal
Truth and Healing Advisory Committee.
(2) Freedom of information act applicability.--Records and
other communications provided to, from, between, or within the
Commission, the Federal Truth and Healing Advisory Committee,
the Native American Truth and Healing Advisory Committee, the
Survivors Truth and Healing Subcommittee, and related agencies
shall be exempt from disclosure under subsection (b)(3)(B) of
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act'').
(3) Federal advisory committee act applicability.--Chapter
10 of title 5, United States Code (commonly known as the
``Federal Advisory Committee Act''), shall not apply to the
Federal Truth and Healing Advisory Committee.
TITLE III--GENERAL PROVISIONS
SEC. 301. CLARIFICATION.
Any human remains or associated or unassociated funerary objects
located on Federal land, on land managed by a Federal agency, or land
otherwise curated by a Federal agency and relating to an Indian
Boarding School shall be considered collections or holdings over which
a Federal agency has possession or control and the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) shall
apply.
SEC. 302. BURIAL MANAGEMENT.
A Federal agency that carries out activities pursuant to this Act
or that created or controls a cemetery with remains of an individual
who attended an Indian Boarding School may rebury the remains of that
individual and any associated funerary items that have been repatriated
pursuant to section 7 of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3005), consistent with Tribal practices, on
any Federal land as agreed to by the relevant parties.
SEC. 303. CO-STEWARDSHIP AGREEMENTS.
A Federal agency that carries out activities pursuant to this Act
or that created or controls a cemetery with remains of an individual
who attended an Indian Boarding School or an Indian Boarding School may
enter into a co-stewardship agreement for the management of the
cemetery or Indian Boarding School.
SEC. 304. NO RIGHT OF ACTION.
Nothing in this Act creates a private right of action to seek
administrative or judicial relief.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Health.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 34 - 4.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 118-760, Part I.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 118-760, Part I.
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Committee on Natural Resources discharged.
Committee on Natural Resources discharged.
Committee on Energy and Commerce discharged.
Committee on Energy and Commerce discharged.
Placed on the Union Calendar, Calendar No. 630.