[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7227 Reported in House (RH)]
<DOC>
Union Calendar No. 630
118th CONGRESS
2d Session
H. R. 7227
[Report No. 118-760, Part I]
To establish the Truth and Healing Commission on Indian Boarding School
Policies in the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2024
Ms. Davids of Kansas (for herself and Mr. Cole) introduced the
following bill; which was referred to the Committee on Education and
the Workforce, and in addition to the Committees on Natural Resources,
and Energy and Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
November 22, 2024
Additional sponsors: Mr. Edwards, Ms. McCollum, Mr. Kilmer, Mr. Zinke,
Ms. Moore of Wisconsin, Mr. Trone, Ms. Norton, Mrs. Napolitano, Mr.
Nadler, Mr. Tonko, Ms. Omar, Ms. Schakowsky, Ms. Tlaib, Mr. Ciscomani,
Ms. Brown, Ms. Houlahan, Mr. Pappas, Mrs. Peltola, Mr. Cohen, Mrs.
Chavez-DeRemer, Mr. Fitzpatrick, Mr. Schiff, Mr. Landsman, Ms. Jayapal,
Ms. Tokuda, Mr. Langworthy, Mr. Larsen of Washington, Mr. Cuellar, Mr.
Raskin, Mr. Soto, Ms. Bonamici, Mr. Gottheimer, Mr. Kim of New Jersey,
Mr. Bacon, Ms. Craig, Mr. Krishnamoorthi, Mr. Bishop of Georgia, Ms.
Dean of Pennsylvania, Mr. Sorensen, Mr. Frost, Mr. Neguse, Mr.
Horsford, Ms. Perez, Ms. Balint, Ms. Pingree, Mr. Cleaver, Mr.
Pascrell, Ms. Lee of Pennsylvania, Ms. Blunt Rochester, Mr. DeSaulnier,
Ms. DelBene, Mr. Khanna, Ms. Chu, Mr. Phillips, Ms. Brownley, Mr.
Moulton, Ms. Leger Fernandez, Ms. Wild, Mr. Harder of California, Mrs.
Houchin, Mr. Kiley, Mr. Flood, Mr. LaTurner, Mr. Owens, Mr. Armstrong,
Mr. Stauber, Ms. Lofgren, Mr. Moolenaar, Mr. Fleischmann, Mr. Takano,
Mr. Yakym, Ms. Velazquez, Mr. Molinaro, Mr. Bergman, Mr. Newhouse, Ms.
Eshoo, Mr. Stanton, Ms. Lee of California, and Mr. Finstad
November 22, 2024
Reported from the Committee on Education and the Workforce with an
amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
November 22, 2024
Committees on Natural Resources and Energy and Commerce discharged;
committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
February 5, 2024]
_______________________________________________________________________
A BILL
To establish the Truth and Healing Commission on Indian Boarding School
Policies in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Truth and Healing
Commission on Indian Boarding School Policies Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--COMMISSION AND SUBCOMMITTEES
Subtitle A--Truth and Healing Commission on Indian Boarding School
Policies in the United States
Sec. 101. Truth and Healing Commission on Indian Boarding School
Policies in the United States.
Subtitle B--Duties of the Commission
Sec. 111. Duties of the commission.
Subtitle C--Survivors Truth and Healing Subcommittee
Sec. 121. Survivors truth and healing subcommittee.
TITLE II--ADVISORY COMMITTEES
Subtitle A--Native American Truth and Healing Advisory Committee
Sec. 201. Native American Truth and Healing Advisory Committee.
Subtitle B--Federal Truth and Healing Advisory Committee
Sec. 211. Federal Truth and Healing Advisory Committee.
TITLE III--GENERAL PROVISIONS
Sec. 301. Clarification.
Sec. 302. Burial management.
Sec. 303. Co-stewardship agreements.
Sec. 304. No right of action.
Sec. 305. Severability.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to establish a Truth and Healing Commission on Indian
Boarding School Policies in the United States, including other
necessary advisory committees and subcommittees;
(2) to formally investigate, document, and report on the
histories of Indian Boarding Schools, Indian Boarding School
Polices, and the systematic and long-term effects of those
schools and policies on Native American peoples;
(3) to develop recommendations for Federal participation
based on the findings of the Commission; and
(4) to promote healing for survivors of Indian Boarding
Schools, the descendants of those survivors, and the
communities of those survivors.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Truth
and Healing Commission on Indian Boarding School Policies in
the United States established by section 101(a).
(2) Federal truth and healing advisory committee.--The term
``Federal Truth and Healing Advisory Committee'' means the
Federal Truth and Healing Advisory Committee established by
section 211(a).
(3) Indian.--The term ``Indian'' has the meaning given the
term in section 6151 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7491).
(4) Indian boarding school.--The term ``Indian Boarding
School'' means--
(A) a site of an institution that--
(i) provided on-site housing or overnight
lodging;
(ii) was described in Federal records as
providing formal academic or vocational
training and instruction to American Indians,
Alaska Natives, or Native Hawaiians;
(iii) received Federal funds or other
Federal support; and
(iv) was operational before 1969;
(B) a site of an institution identified by the
Department of the Interior in appendices A and B of the
report entitled ``Federal Indian Boarding School
Initiative Investigative Report'' and dated May 2022
(or a successor report); or
(C) any other institution that implemented Indian
Boarding School Policies, including an Indian day
school.
(5) Indian boarding school policies.--The term ``Indian
Boarding School Policies'' means Federal laws, policies, and
practices purported to ``assimilate'' and ``civilize'' Indians,
Alaska Natives, and Native Hawaiians that included
psychological, physical, sexual, and mental abuse, forced
removal from home or community, and identity-altering practices
intended to terminate Native languages, cultures, religions,
social organizations, or connections to traditional land.
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(7) Native american.--The term ``Native American'' means an
individual who is--
(A) an Indian; or
(B) a Native Hawaiian.
(8) Native american truth and healing advisory committee.--
The term ``Native American Truth and Healing Advisory
Committee'' means the Native American Truth and Healing
Advisory Committee established by the Commission under section
201(a).
(9) Native hawaiian.--The term ``Native Hawaiian'' has the
meaning given the term in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517).
(10) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means a private nonprofit organization
that--
(A) serves and represents the interests of Native
Hawaiians;
(B) has as its primary and stated purpose the
provision of services to Native Hawaiians;
(C) has Native Hawaiians serving in substantive and
policymaking positions; and
(D) has expertise in Native Hawaiian affairs.
(11) Office of hawaiian affairs.--The term ``Office of
Hawaiian Affairs'' has the meaning given the term in section
6207 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7517).
(12) Survivors truth and healing subcommittee.--The term
``Survivors Truth and Healing Subcommittee'' means the
Survivors Truth and Healing Subcommittee established by section
121(a).
(13) Trauma-informed care.--The term ``trauma-informed
care'' means holistic psychological and health care practices
that include promoting culturally responsive practices, patient
psychological, physical, and emotional safety, and environments
of healing, trust, peer support, and recovery.
(14) Tribal organization.--The term ``Tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
TITLE I--COMMISSION AND SUBCOMMITTEES
Subtitle A--Truth and Healing Commission on Indian Boarding School
Policies in the United States
SEC. 101. TRUTH AND HEALING COMMISSION ON INDIAN BOARDING SCHOOL
POLICIES IN THE UNITED STATES.
(a) Establishment.--There is established in the legislative branch
a commission, to be known as the ``Truth and Healing Commission on
Indian Boarding School Policies in the United States''.
(b) Membership.--
(1) Membership.--
(A) In general.--The Commission shall include 5
members, to be jointly appointed by the Speaker of the
House of Representatives, the Majority Leader of the
Senate, and the Minority Leaders of the House of
Representatives and the Senate, in consultation with
the Chairperson and Vice Chairperson of the Committee
on Indian Affairs of the Senate and the Chair and
ranking minority member of the Committee on Natural
Resources of the House of Representatives, from among
the nominees submitted under paragraph (2)(A), of
whom--
(i) 1 shall be an individual with extensive
experience and expertise as a principal
investigator overseeing or leading complex
research initiatives with and for Indian Tribes
and Native Americans;
(ii) 1 shall be an individual (barred in
good standing) with extensive experience and
expertise in the area of indigenous human
rights law and policy, including overseeing or
leading broad-scale investigations of abuses of
indigenous human rights;
(iii) 1 shall be an individual with
extensive experience and expertise in Tribal
court judicial and restorative justice systems
and Federal agencies, such as participation as
a Tribal judge, researcher, or former
presidentially appointed commissioner;
(iv) 1 shall be an individual with
extensive experience and expertise in providing
and coordinating trauma-informed care and other
health-related services to Indian Tribes and
Native Americans; and
(v) 1 shall be a Native American individual
recognized as a traditional cultural authority
by their respective Native community.
(B) Additional requirements for membership.--In
addition to the requirements described in subparagraph
(A), each member of the Commission shall be a person of
recognized integrity and empathy, with a demonstrated
commitment to the values of truth, reconciliation,
healing, and expertise in truth and healing endeavors
that are traditionally and culturally appropriate so as
to provide balanced points of view and expertise with
respect to the duties of the Commission.
(2) Nominations.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, Indian Tribes, Tribal
organizations, Native Americans, the Office of Hawaiian
Affairs, and Native Hawaiian organizations may submit
to the Secretary of the Interior nominations for
individuals to be appointed to the Commission.
(B) Native american preference.--Individuals
nominated under subparagraph (A) who are Native
American shall receive a preference in the selection
process for appointment to the Commission under
paragraph (1).
(C) Submission to congress.--Not later than 7 days
after the submission deadline for nominations described
in subparagraph (A), the Secretary of the Interior
shall submit to Congress a list of the individuals
nominated under that subparagraph.
(3) Date.--Members of the Commission under paragraph (1)
shall be appointed not later than 180 days after the date of
the enactment of this Act.
(4) Period of appointment; vacancies; removal.--
(A) Period of appointment.--A member of the
Commission shall be appointed for a term that is the
shorter of--
(i) 6 years; and
(ii) the life of the Commission.
(B) Vacancies.--After all initial members of the
Commission are appointed and the initial business
meeting of the Commission has been convened under
subsection (c)(1), a single vacancy in the Commission--
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled within 90 days in the
same manner as was the original appointment.
(C) Removal.--A quorum of members of the Commission
may remove a member of the Commission only for neglect
of duty or malfeasance.
(5) Termination.--The Commission shall terminate 6 years
after the date of the enactment of this Act.
(6) Limitation.--No member of the Commission shall be an
officer or employee of the Federal Government.
(c) Business Meetings.--
(1) Initial business meeting.--90 days after the date on
which all of the members of the Commission are appointed under
subsection (b)(1)(A), the Commission shall hold the initial
business meeting of the Commission--
(A) to appoint a Chairperson, a Vice Chairperson,
and such other positions as determined necessary by the
Commission;
(B) to establish rules for meetings of the
Commission; and
(C) to appoint members of--
(i) the Survivors Truth and Healing
Subcommittee under section 121(b)(1); and
(ii) the Native American Truth and Healing
Advisory Committee under section 201(b)(1).
(2) Subsequent business meetings.--After the initial
business meeting of the Commission is held under paragraph (1),
the Commission shall meet at the call of the Chairperson.
(3) Advisory and subcommittee committees designees.--Each
Commission business meeting shall include participation by 2
non-voting designees from each of the Survivors Truth and
Healing Subcommittee, the Native American Truth and Healing
Advisory Committee, and the Federal Truth and Healing Advisory
Committee, as appointed in accordance with section
121(c)(1)(D), section 201(e)(1)(C), and section 211(c)(1)(B),
as applicable.
(4) Format of meetings.--A business meeting of the
Commission may be conducted in-person or virtually.
(5) Quorum required.--A business meeting of the Commission
may be held only once after a quorum, established in accordance
with subsection (d), is present.
(d) Quorum.--A simple majority of the members of the Commission
present shall constitute a quorum for a business meeting.
(e) Rules.--The Commission may establish, by a majority vote, any
rules for the conduct of Commission business, in accordance with this
section and other applicable law.
(f) Commission Personnel Matters.--
(1) Compensation of commissioners.--A member of the
Commission shall be compensated at a daily equivalent of the
annual rate of basic pay prescribed for grade 14 of the General
Schedule under section 5332 of title 5, United States Code, for
each day, not to exceed 14 days per month, for which a member
is engaged in the performance of their duties under this Act,
limited to convening meetings, including public or private
meetings to receive testimony in furtherance of the duties of
the Commission and the purposes of this Act.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate
Federal agency and at the request of the Commission, may be
detailed to the Commission without--
(A) reimbursement to the agency of that employee;
and