Federal
Truth and Healing Commission on Indian Boarding School Policies Act of 2024
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118TH CONGRESS
2D SESSION
S. 1723
AN ACT
To establish the Truth and Healing Commission on Indian
Boarding School Policies in the United States, and for
other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
2
† S 1723 ES
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
1
(a) SHORT TITLE.—This Act may be cited as the
2
‘‘Truth and Healing Commission on Indian Boarding
3
School Policies Act of 2024’’.
4
(b) TABLE OF CONTENTS.—The table of contents for
5
this Act is as follows:
6
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 and Religious Truth and Healing Advisory Committee
Sec. 211. Federal and Religious Truth and Healing Advisory Committee.
TITLE III—GENERAL PROVISIONS
Sec. 301. Clarification.
Sec. 302. Burial management.
Sec. 303. Co-stewardship agreements.
Sec. 304. No right of action.
SEC. 2. PURPOSES.
7
The purposes of this Act are—
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(1) to establish a Truth and Healing Commis-
9
sion on Indian Boarding School Policies in the
10
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† S 1723 ES
United States, including other necessary advisory
1
committees and subcommittees;
2
(2) to formally investigate, document, and re-
3
port on the histories of Indian Boarding Schools, In-
4
dian Boarding School Polices, and the systematic
5
and long-term effects of those schools and policies
6
on Native American peoples;
7
(3) to develop recommendations for Federal ef-
8
forts based on the findings of the Commission; and
9
(4) to promote healing for survivors of Indian
10
Boarding Schools, the descendants of those sur-
11
vivors, and the communities of those survivors.
12
SEC. 3. DEFINITIONS.
13
In this Act:
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(1) COMMISSION.—The term ‘‘Commission’’
15
means the Truth and Healing Commission on Indian
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Boarding School Policies in the United States estab-
17
lished by section 101(a).
18
(2) FEDERAL
AND
RELIGIOUS
TRUTH
AND
19
HEALING ADVISORY COMMITTEE.—The term ‘‘Fed-
20
eral and Religious Truth and Healing Advisory
21
Committee’’ means the Federal and Religious Truth
22
and Healing Advisory Committee established by sec-
23
tion 211(a).
24
4
† S 1723 ES
(3) INDIAN.—The term ‘‘Indian’’ has the mean-
1
ing given the term in section 6151 of the Elemen-
2
tary and Secondary Education Act of 1965 (20
3
U.S.C. 7491).
4
(4) INDIAN BOARDING SCHOOL.—The term ‘‘In-
5
dian Boarding School’’ means—
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(A) a site of an institution that—
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(i) provided on-site housing or over-
8
night lodging;
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(ii) was described in Federal records
10
as providing formal academic or vocational
11
training and instruction to Native Ameri-
12
cans;
13
(iii) received Federal funds or other
14
Federal support; and
15
(iv) was operational before 1969;
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(B) a site of an institution identified by
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the Department of the Interior in appendices A
18
and B of the report entitled ‘‘Federal Indian
19
Boarding School Initiative Investigative Re-
20
port’’ and dated May 2022 (or a successor re-
21
port); or
22
(C) any other institution that implemented
23
Indian Boarding School Policies, including an
24
Indian day school.
25
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(5) INDIAN BOARDING SCHOOL POLICIES.—The
1
term ‘‘Indian Boarding School Policies’’ means Fed-
2
eral laws, policies, and practices purported to ‘‘as-
3
similate’’ and ‘‘civilize’’ Native Americans that in-
4
cluded psychological, physical, sexual, and mental
5
abuse, forced removal from home or community, and
6
identity-altering practices intended to terminate Na-
7
tive languages, cultures, religions, social organiza-
8
tions, or connections to traditional land.
9
(6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
10
has the meaning given the term in section 4 of the
11
Indian Self-Determination and Education Assistance
12
Act (25 U.S.C. 5304).
13
(7) NATIVE
AMERICAN.—The term ‘‘Native
14
American’’ means an individual who is—
15
(A) an Indian; or
16
(B) a Native Hawaiian.
17
(8) NATIVE AMERICAN TRUTH AND HEALING
18
ADVISORY
COMMITTEE.—The term ‘‘Native Amer-
19
ican Truth and Healing Advisory Committee’’ means
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the Native American Truth and Healing Advisory
21
Committee established by the Commission under sec-
22
tion 201(a).
23
(9) NATIVE HAWAIIAN.—The term ‘‘Native Ha-
24
waiian’’ has the meaning given the term in section
25
6
† S 1723 ES
6207 of the Elementary and Secondary Education
1
Act of 1965 (20 U.S.C. 7517).
2
(10) NATIVE
HAWAIIAN
ORGANIZATION.—The
3
term ‘‘Native Hawaiian organization’’ means a pri-
4
vate nonprofit organization that—
5
(A) serves and represents the interests of
6
Native Hawaiians;
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(B) has as its primary and stated purpose
8
the provision of services to Native Hawaiians;
9
(C) has Native Hawaiians serving in sub-
10
stantive and policymaking positions; and
11
(D) has expertise in Native Hawaiian af-
12
fairs.
13
(11) OFFICE
OF
HAWAIIAN
AFFAIRS.—The
14
term ‘‘Office of Hawaiian Affairs’’ has the meaning
15
given the term in section 6207 of the Elementary
16
and Secondary Education Act of 1965 (20 U.S.C.
17
7517).
18
(12) SURVIVORS
TRUTH
AND
HEALING
SUB-
19
COMMITTEE.—The term ‘‘Survivors Truth and Heal-
20
ing Subcommittee’’ means the Survivors Truth and
21
Healing Subcommittee established by section 121(a).
22
(13) TRAUMA-INFORMED
CARE.—The term
23
‘‘trauma-informed care’’ means holistic psychological
24
and health care practices that include promoting cul-
25
7
† S 1723 ES
turally responsive practices, patient psychological,
1
physical, and emotional safety, and environments of
2
healing, trust, peer support, and recovery.
3
(14) TRIBAL ORGANIZATION.—The term ‘‘Trib-
4
al organization’’ has the meaning given the term in
5
section 4 of the Indian Self-Determination and Edu-
6
cation Assistance Act (25 U.S.C. 5304).
7
TITLE I—COMMISSION AND
8
SUBCOMMITTEES
9
Subtitle
A—Truth
and
Healing
10
Commission on Indian Boarding
11
School Policies in the United
12
States
13
SEC. 101. TRUTH AND HEALING COMMISSION ON INDIAN
14
BOARDING SCHOOL POLICIES IN THE UNITED
15
STATES.
16
(a) ESTABLISHMENT.—There is established in the
17
legislative branch a commission, to be known as the
18
‘‘Truth and Healing Commission on Indian Boarding
19
School Policies in the United States’’.
20
(b) MEMBERSHIP.—
21
(1) APPOINTMENT.—Nominees submitted under
22
paragraph (2)(A) shall be appointed as members to
23
the Commission as follows:
24
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† S 1723 ES
(A) 1 member shall be appointed by the
1
majority leader of the Senate, in consultation
2
with the Chairperson of the Committee on In-
3
dian Affairs of the Senate.
4
(B) 1 member shall be appointed by the
5
minority leader of the Senate, in consultation
6
with the Vice Chairperson of the Committee on
7
Indian Affairs of the Senate.
8
(C) 1 member shall be appointed by the
9
Speaker of the House of Representatives, in
10
consultation with the Chair of the Committee
11
on Natural Resources of the House of Rep-
12
resentatives.
13
(D) 1 member shall be appointed by the
14
minority leader of the House of Representa-
15
tives, in consultation with the Ranking Member
16
of the Committee on Natural Resources of the
17
House of Representatives.
18
(E) 1 member shall be jointly appointed by
19
the Chairperson and Vice Chairperson of the
20
Committee on Indian Affairs of the Senate.
21
(2) NOMINATIONS.—
22
(A) IN GENERAL.—Not later than 90 days
23
after the date of the enactment of this Act, In-
24
dian Tribes, Tribal organizations, Native Amer-
25
9
† S 1723 ES
icans, the Office of Hawaiian Affairs, and Na-
1
tive Hawaiian organizations may submit to the
2
Secretary of the Interior nominations for indi-
3
viduals to be appointed as members of the Com-
4
mission.
5
(B) SUBMISSION TO CONGRESS.—Not later
6
than 7 days after the submission deadline for
7
nominations described in subparagraph (A), the
8
Secretary of the Interior shall submit to Con-
9
gress a list of the individuals nominated under
10
that subparagraph.
11
(C) QUALIFICATIONS.—
12
(i) IN GENERAL.—Nominees to serve
13
on the Commission shall have significant
14
experience in matters relating to—
15
(I) overseeing or leading complex
16
research initiatives with and for In-
17
dian Tribes and Native Americans;
18
(II) indigenous human rights law
19
and policy;
20
(III) Tribal court judicial and re-
21
storative justice systems and Federal
22
agencies, such as participation as a
23
Tribal judge, researcher, or former
24
presidentially appointed commissioner;
25
10
† S 1723 ES
(IV) providing and coordinating
1
trauma-informed
care
and
other
2
health-related
services
to
Indian
3
Tribes and Native Americans; or
4
(V) traditional and cultural re-
5
sources and practices in Native com-
6
munities.
7
(ii) ADDITIONAL
QUALIFICATIONS.—
8
In addition to the qualifications described
9
in clause (i), each member of the Commis-
10
sion shall be an individual of recognized in-
11
tegrity and empathy, with a demonstrated
12
commitment to the values of truth, rec-
13
onciliation, healing, and expertise in truth
14
and healing endeavors that are tradition-
15
ally and culturally appropriate so as to
16
provide balanced points of view and exper-
17
tise with respect to the duties of the Com-
18
mission.
19
(3) DATE.—Members of the Commission under
20
paragraph (1) shall be appointed not later than 180
21
days after the date of the enactment of this Act.
22
(4) PERIOD OF APPOINTMENT; VACANCIES; RE-
23
MOVAL.—
24
11
† S 1723 ES
(A) PERIOD OF APPOINTMENT.—A mem-
1
ber of the Commission shall be appointed for a
2
term that is the shorter of—
3
(i) 6 years; and
4
(ii) the life of the Commission.
5
(B) VACANCIES.—After all initial members
6
of the Commission are appointed and the initial
7
business meeting of the Commission has been
8
convened under subsection (c)(1), a single va-
9
cancy in the Commission—
10
(i) shall not affect the powers of the
11
Commission; and
12
(ii) shall be filled within 90 days in
13
the same manner as was the original ap-
14
pointment.
15
(C) REMOVAL.—A quorum of members of
16
the Commission may remove a member of the
17
Commission only for neglect of duty or malfea-
18
sance.
19
(5) TERMINATION.—The Commission shall ter-
20
minate 6 years after the date of the enactment of
21
this Act.
22
(6) LIMITATION.—No member of the Commis-
23
sion may otherwise be an officer or employee of the
24
Federal Government.
25
12
† S 1723 ES
(c) BUSINESS MEETINGS.—
1
(1) INITIAL BUSINESS MEETING.—90 days after
2
the date on which all of the members of the Com-
3
mission are appointed under subsection (b)(1)(A),
4
the Commission shall hold the initial business meet-
5
ing of the Commission—
6
(A) to appoint a Chairperson, a Vice
7
Chairperson, and such other positions as deter-
8
mined necessary by the Commission;
9
(B) to establish rules for meetings of the
10
Commission; and
11
(C) to appoint members of—
12
(i) the Survivors Truth and Healing
13
Subcommittee under section 121(b)(1);
14
and
15
(ii) the Native American Truth and
16
Healing Advisory Committee under section
17
201(b)(1).
18
(2) SUBSEQUENT BUSINESS MEETINGS.—After
19
the initial business meeting of the Commission is
20
held under paragraph (1), the Commission shall
21
meet at the call of the Chairperson.
22
(3) ADVISORY
AND
SUBCOMMITTEE
COMMIT-
23
TEES
DESIGNEES.—Each
Commission
business
24
meeting shall include participation by 2 non-voting
25
13
† S 1723 ES
designees from each of the Survivors Truth and
1
Healing Subcommittee, the Native American Truth
2
and Healing Advisory Committee, and the Federal
3
and Religious Truth and Healing Advisory Com-
4
mittee, as appointed in accordance with section
5
121(c)(1)(D), section 201(e)(1)(C), and section
6
211(c)(1)(B), as applicable.
7
(4) FORMAT OF MEETINGS.—A business meet-
8
ing of the Commission may be conducted in-person
9
or virtually.
10
(5) QUORUM REQUIRED.—A business meeting
11
of the Commission may be held only after a quorum,
12
established in accordance with subsection (d), is
13
present.
14
(d) QUORUM.—A simple majority of the members of
15
the Commission shall constitute a quorum for a business
16
meeting.
17
(e) RULES.—The Commission may establish, by a
18
majority vote, any rules for the conduct of Commission
19
business, in accordance with this section and other appli-
20
cable law.
21
(f) COMMISSION PERSONNEL MATTERS.—
22
(1) COMPENSATION
OF
COMMISSIONERS.—A
23
member of the Commission shall be compensated at
24
a daily equivalent of the annual rate of basic pay
25
14
† S 1723 ES
prescribed for grade 5 of the General Schedule
1
under section 5332 of title 5, United States Code,
2
for each day, not to exceed 10 days per month, for
3
which a member is engaged in the performance of
4
their duties under this Act, limited to convening
5
meetings, including public or private meetings to re-
6
ceive testimony in furtherance of the duties of the
7
Commission and the purposes of this Act.
8
(2) TRAVEL
EXPENSES.—A member of the
9
Commission shall be allowed travel expenses, includ-
10
ing per diem in lieu of subsistence, at rates author-
11
ized for employees of agencies under subchapter I of
12
chapter 57 of title 5, United States Code, while
13
away from their homes or regular places of business
14
in the performance of services for the Commission.
15
(3) DETAIL
OF
GOVERNMENT
EMPLOYEES.—
16
Any Federal Government employee, with the ap-
17
proval of the head of the appropriate Federal agency
18
and at the request of the Commission, may be de-
19
tailed to the Commission without—
20
(A) reimbursement to the agency of that
21
employee; and
22
(B) interruption or loss of civil service sta-
23
tus, benefits, or privileges.
24
(g) POWERS OF COMMISSION.—
25
15
† S 1723 ES
(1) CONVENINGS
AND
INFORMATION.—The
1
Commission may, for the purpose of carrying out
2
this Act—
3
(A) hold such convenings and sit and act
4
at such times and places, take such testimony,
5
and receive such information, virtually or in-
6
person, as the Commission may determine nec-
7
essary to accomplish the purposes of this Act;
8
(B) conduct or request such interdiscipli-
9
nary research, investigation, or analysis of such
10
information and documents, records, or other
11
data as the Commission may determine nec-
12
essary to accomplish the
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