Sec. 101. Truth and Healing Commission on Indian Boarding School Policies in the United States
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There is established a commission, to be known as the Truth and Healing Commission on Indian Boarding School Policies in the United States . The Commission shall include 5 members, to be jointly appointed by the majority and minority leaders of the Senate, in consultation with the Chairperson and Vice Chairperson of the Committee on Indian Affairs of the Senate, the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the Chair and Ranking Member of the Committee on Natural Resources of the House of Representatives, from among the nominees submitted under paragraph (2)(A), of whom— 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; 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; 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; 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 1 shall be a Native American individual recognized as a traditional cultural authority by their respective Native community.
In addition to the requirements described in subparagraph (A), members of the Commission shall be persons 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. 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 not later than 90 days after the date of the enactment of this Act.
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). 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. Members of the Commission under paragraph
(1)shall be appointed not later than 180 days after the date of the enactment of this Act. A member of the Commission shall be appointed for a term that is the shorter of— 6 years; and the life of the Commission. 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— shall not affect the powers of the Commission; and shall be filled within 90 days in the same manner as was the original appointment. A quorum of members of the Commission may remove a member of the Commission only for neglect of duty or malfeasance. The Commission shall terminate 6 years after the date of the enactment of this Act. No member of the Commission shall be an officer or employee of the Federal Government. 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— to appoint a Chairperson, a Vice Chairperson, a Secretary, and such other positions as determined necessary by the Commission; to establish rules for meetings of the Commission; and to appoint members of— the Survivors Truth and Healing Subcommittee under section 121(b)(1); and the Native American Truth and Healing Advisory Committee under section 201(b)(1). After the initial business meeting of the Commission is held under paragraph (1), the Commission shall meet at the call of the Chairperson. 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)(C), as applicable. A business meeting of the Commission may be conducted in-person, virtually, or via phone. A business meeting of the Commission may only be held once a quorum, established in accordance with subsection (d), is present. A simple majority of the members of the Commission present shall constitute a quorum for a business meeting. 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. 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. 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. 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— reimbursement to the agency of that employee; and interruption or loss of civil service status, benefits, or privileges. The Commission may, for the purpose of carrying out this Act— hold such hearings and sit and act at such times and places, take such testimony, and receive such evidence, virtually or in-person, as the Commission may determine necessary to accomplish the purposes of this Act; conduct or request such interdisciplinary research, investigation, or analysis of such information and documents, records, or other evidence as the Commission may determine necessary to accomplish the purposes of this Act, including— securing, directly from a Federal agency, such information as the Commission considers necessary to accomplish the purposes of this Act; and 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; subject to paragraphs
(1)and
(2)of subsection (i), require, by subpoena or otherwise, the production of 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; oversee, direct, and collaborate with the Federal 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 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. 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. Notwithstanding section of title 31, United States Code, the Commission may accept and use such voluntary and uncompensated services as the Commission determines to be necessary. 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. The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. 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. 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— returned to the applicable donor that made the donation under that clause; or archived under subparagraph (E). 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. The Commission may, on the affirmative vote of 3⁄5 of the members of the Commission, approve the expenditure of funds to accomplish the purposes of this Act. 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. The Commission shall coordinate with the Library of Congress and the National Museum of the American Indian to archive and preserve relevant gifts or donations received under subparagraph
(A)or (B). 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 establish rules, protocols, and formats for convenings carried out under this subsection. 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. 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. 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. The Commission shall hold— not fewer than 1 convening in each of the 12 regions of the Bureau of Indian Affairs and Hawai’i during the life of the Commission; and beginning 1 year after the date of the enactment of this Act, not fewer than 1 convening per 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). No person or entity shall be denied the opportunity to provide relevant testimony at a convenings held under this subsection, subject to the discretion of the Chairperson of the Commission (or a designee). If a person fails to supply information requested by the Commission, the Commission may issue, on a unanimous vote of the Commission, a subpoena requiring from a person the production of any written or recorded evidence necessary to carry out the duties of the Commission under section 111. Not later than 10 days before the date on which the Commission issues a subpoena under clause (i), the Commission shall submit to the Attorney General a confidential, written notice of the intent to issue the subpoena. The Attorney General, on receiving a notice under subclause (I), may, on a showing of a procedural or substantive defect, and after the Commission has a reasonable opportunity to cure, prohibit the issuance of the applicable subpoena described in that notice. On prohibition of the issuance of a subpoena under item (aa), the Attorney General shall submit to Congress a report detailing the reasons for that prohibition. The production of evidence may be required from any place within the United States. If a person does not obey a subpoena issued under paragraph (1), the Commission is authorized to apply to a district court of the United States described in subparagraph
(B)for an order requiring that person to comply with the subpoena. An application under subparagraph
(A)may be made within the judicial district where the person described in that subparagraph resides or transacts business. Any failure to obey an order of a court described in subparagraph
(A)may be punished by the court as a civil contempt. The district court of the United States in which an action is brought under paragraph (2)(B) shall have original jurisdiction over any civil action brought by the Commission to enforce, secure a declaratory judgment concerning the validity of, or prevent a threatened refusal or failure to comply with the applicable subpoena issued by the Commission. The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a district court of the United States under the Federal Rules of Civil Procedure. All process of any court to which an application is made under paragraph
(2)may be served in the judicial district in which the person required to be served resides or transacts business. Subsection
(b)of section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ), shall not apply to the Commission. Records and other communications provided to, from, between, or within the Commission, the Federal Truth and Healing Advisory Committee, the Native American Truth and Healing Advisory Committee, the Survivors Truth and Healing Subcommittee, and related agencies shall be exempt from disclosure under subsection (b)(3)(B) of section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). Chapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act ), shall not apply to the Commission. 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. For each fiscal year that the Commission is operational, there is authorized to be appropriated $15,000,000 to the Commission to carry out this Act. Amounts appropriated pursuant to this authorization shall be derived and transferred from the unexpired, unobligated balances of all amounts made available to the Indian Health Service to prevent, prepare for, or respond to coronavirus. Of the unobligated balances of funds made available by section 11001 of Public Law 117–2 , $90,000,000 are hereby permanently rescinded.
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Sec. 101
Truth and Healing Commission on Indian Boarding School Policies in the United States
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