[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