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) Appointment Nominees submitted under paragraph (2)(A) shall be appointed as members to the Commission as follows: (A) 1 member shall be appointed by the majority leader of the Senate, in consultation with the Chairperson of the Committee on Indian Affairs of the Senate. (B) 1 member shall be appointed by the minority leader of the Senate, in consultation with the Vice Chairperson of the Committee on Indian Affairs of the Senate. (C) 1 member shall be appointed by the Speaker of the House of Representatives, in consultation with the Chair of the Committee on Natural Resources of the House of Representatives. (D) 1 member shall be appointed by the minority leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Natural Resources of the House of Representatives. (E) 1 member shall be jointly appointed by the Chairperson and Vice Chairperson of the Committee on Indian Affairs of the Senate. (2) Nominations (A) In general Not later than 90 days after the date of the 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 as members of the Commission. (B) 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. (C) Qualifications (i) In general Nominees to serve on the Commission shall have significant experience in matters relating to— (I) overseeing or leading complex research initiatives with and for Indian Tribes and Native Americans; (II) indigenous human rights law and policy; (III) Tribal court judicial and restorative justice systems and Federal agencies, such as participation as a Tribal judge, researcher, or former presidentially appointed commissioner; (IV) providing and coordinating trauma-informed care and other health-related services to Indian Tribes and Native Americans; or (V) traditional and cultural resources and practices in Native communities. (ii) Additional qualifications In addition to the qualifications described in clause (i), each member of the Commission shall be an individual 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. (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 may otherwise 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 and Religious 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 after a quorum, established in accordance with subsection (d), is present. (d) Quorum A simple majority of the members of the Commission 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 5 of the General Schedule under section 5332 of title 5, United States Code, for each day, not to exceed 10 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) Convenings and information The Commission may, for the purpose of carrying out this Act— (A) hold such convenings and sit and act at such times and places, take such testimony, and receive such information, 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 data 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) request 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 and Religious 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 1342 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 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 a spending plan 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 Smithsonian Institution 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 recommend 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 in 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 in each 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 or information at a convening held under this subsection, except at the discretion of the Chairperson of the Commission (or a designee). (i) 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. (j) Congressional Accountability Act applicability For purposes of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.)— (1) any individual who is an employee of the Commission shall be considered a covered employee under the Act; and (2) the Commission shall be considered an employing office under the Act; and (3) a member of the Commission shall be considered a covered employee under the Act. (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) Funding Of the amounts authorized to be appropriated pursuant to section 105 of the Indian Land Consolidation Act Amendments of 2000 (25 U.S.C. 2201 note; Public Law 106–462) and section 403 of the Indian Financing Act of 1974 (25 U.S.C. 1523), $90,000,000 shall be used to carry out this Act.

(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) Appointment Nominees submitted under paragraph (2)(A) shall be appointed as members to the Commission as follows: (A) 1 member shall be appointed by the majority leader of the Senate, in consultation with the Chairperson of the Committee on Indian Affairs of the Senate. (B) 1 member shall be appointed by the minority leader of the Senate, in consultation with the Vice Chairperson of the Committee on Indian Affairs of the Senate. (C) 1 member shall be appointed by the Speaker of the House of Representatives, in consultation with the Chair of the Committee on Natural Resources of the House of Representatives. (D) 1 member shall be appointed by the minority leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Natural Resources of the House of Representatives. (E) 1 member shall be jointly appointed by the Chairperson and Vice Chairperson of the Committee on Indian Affairs of the Senate. (2) Nominations (A) In general Not later than 90 days after the date of the 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 as members of the Commission. (B) 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. (C) Qualifications (i) In general Nominees to serve on the Commission shall have significant experience in matters relating to— (I) overseeing or leading complex research initiatives with and for Indian Tribes and Native Americans; (II) indigenous human rights law and policy; (III) Tribal court judicial and restorative justice systems and Federal agencies, such as participation as a Tribal judge, researcher, or former presidentially appointed commissioner; (IV) providing and coordinating trauma-informed care and other health-related services to Indian Tribes and Native Americans; or (V) traditional and cultural resources and practices in Native communities. (ii) Additional qualifications In addition to the qualifications described in clause (i), each member of the Commission shall be an individual 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. (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 may otherwise 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 and Religious 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 after a quorum, established in accordance with subsection (d), is present. (d) Quorum A simple majority of the members of the Commission 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 5 of the General Schedule under section 5332 of title 5, United States Code, for each day, not to exceed 10 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) Convenings and information The Commission may, for the purpose of carrying out this Act— (A) hold such convenings and sit and act at such times and places, take such testimony, and receive such information, 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 data 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) request 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 and Religious 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 1342 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 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 a spending plan 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 Smithsonian Institution 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 recommend 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 in 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 in each 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 or information at a convening held under this subsection, except at the discretion of the Chairperson of the Commission (or a designee). (i) 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. (j) Congressional Accountability Act applicability For purposes of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.)— (1) any individual who is an employee of the Commission shall be considered a covered employee under the Act; and (2) the Commission shall be considered an employing office under the Act; and (3) a member of the Commission shall be considered a covered employee under the Act. (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) Funding Of the amounts authorized to be appropriated pursuant to section 105 of the Indian Land Consolidation Act Amendments of 2000 (25 U.S.C. 2201 note; Public Law 106–462) and section 403 of the Indian Financing Act of 1974 (25 U.S.C. 1523), $90,000,000 shall be used to carry out this Act.