[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