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Code · BILL · 119th Congress · S. 761 (Introduced in Senate) — To establish the Truth and Healing Commission on Indian Boarding School Policies in the United States, and for other... · Sec. 121

Sec. 121. Survivors Truth and Healing Subcommittee

1,267 words·~6 min read·/bill/119/s/761/is/section-121

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There is established a subcommittee of the Commission, to be known as the Survivors Truth and Healing Subcommittee . The Survivors Truth and Healing Subcommittee shall include 15 members, to be appointed by the Commission, in consultation with the National Native American Boarding School Healing Coalition, from among the nominees submitted under paragraph (2)(A), of whom— 12 shall be representatives from each of the 12 regions of the Bureau of Indian Affairs and 1 shall be a representative from Hawai‘i; 9 shall be individuals who attended an Indian Boarding School of whom— not fewer than 2 shall be individuals who graduated during the 5-year period preceding the date of the enactment of this Act from— an Indian Boarding School in operation as of that date of the enactment; or a Bureau of Indian Education-funded school; and all shall represent diverse regions of the United States; 5 shall be descendants of individuals who attended Indian Boarding Schools, who shall represent diverse regions of the United States; and 1 shall be an educator who, as of the date of the appointment— is employed at an Indian Boarding School; or was employed at an Indian Boarding School during the 5-year period preceding the date of the enactment of this Act.
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 Survivors Truth and Healing Subcommittee. The Secretary of the Interior shall provide the Commission with nominations submitted under subparagraph
(A)at the initial business meeting of the Commission under section 101(c)(1) and the Commission shall select the members of the Survivors Truth and Healing Subcommittee from among those nominees. The Commission shall appoint all members of the Survivors Truth and Healing Subcommittee during the initial business meeting of the Commission under section 101(c)(1). If the Commission fails to appoint all members of the Survivors Truth and Healing Subcommittee in accordance with subparagraph (A), the Chair of the Committee on Indian Affairs of the Senate, with the concurrence of the Vice Chair of the Committee on Indian Affairs of the Senate, shall appoint individuals, in accordance with the requirements of paragraph (1), to all vacant positions of the Survivors Truth and Healing Subcommittee not later than 30 days after the date of the initial business meeting of the Commission under section 101(c)(1). A member of the Survivors Truth and Healing Subcommittee shall be appointed for an automatically renewable term of 2 years. A member of the Survivors Truth and Healing Subcommittee may vacate the position at any time and for any reason. A vacancy in the Survivors Truth and Healing Subcommittee— shall not affect the powers of the Survivors Truth and Healing Subcommittee if a simple majority of the positions of the Survivors Truth and Healing Subcommittee are filled; 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 Survivors Truth and Healing Subcommittee only for neglect of duty or malfeasance. The Survivors Truth and Healing Subcommittee shall terminate 90 days after the date on which the Commission submits the final report required under section 111(e)(3). No member of the Survivors Truth and Healing Subcommittee may otherwise be an officer or employee of the Federal Government. Not later than 30 days after the date on which all members of the Survivors Truth and Healing Subcommittee are appointed under subsection (b)(1), the Survivors Truth and Healing Subcommittee shall hold an initial business meeting— to appoint— a Chairperson, who shall also serve as the Vice Chairperson of the Federal and Religious Truth and Healing Advisory Committee; a Vice Chairperson, who shall also serve as the Vice Chairperson of the Native American Truth and Healing Advisory Committee; and other positions, as determined necessary by the Survivors Truth and Healing Subcommittee; to establish, with the advice of the Commission, rules for the Survivors Truth and Healing Subcommittee; to appoint 3 designees to fulfill the responsibilities described in section 101(h)(1)(A); and to appoint, with the advice of the Commission, 2 members of the Survivors Truth and Healing Subcommittee to serve as non-voting designees on the Commission in accordance with section 101(c)(3). After the initial business meeting of the Survivors Truth and Healing Subcommittee is held under paragraph (1), the Survivors Truth and Healing Subcommittee shall meet at the call of the Chairperson. A business meeting of the Survivors Truth and Healing Subcommittee may be conducted in-person or virtually. A business meeting of the Survivors Truth and Healing Subcommittee may be held only after a quorum, established in accordance with subsection (d), is present. A simple majority of the members of the Survivors Truth and Healing Subcommittee shall constitute a quorum for a business meeting. The Survivors Truth and Healing Subcommittee, with the advice of the Commission, may establish, by a majority vote, any rules for the conduct of business, in accordance with this section and other applicable law. The Survivors Truth and Healing Subcommittee shall— assist the Commission, the Native American Truth and Healing Advisory Committee, and the Federal and Religious Truth and Healing Advisory Committee in coordinating public and private convenings, including providing advice to the Commission on developing criteria and protocols for convenings; provide advice and evaluate Committee recommendations relating to the commemoration and public education relating to Indian Boarding Schools and Indian Boarding School Policies; assist the Commission— in the production of the initial and final reports required under paragraphs
(2)and (3), respectively, of section 111(e); and by providing such other advice, or fulfilling such other requests, as may be required by the Commission; and coordinate with the Commission, the Native American Truth and Healing Advisory Committee, and the Federal and Religious Truth and Healing Advisory Committee. In carrying out the duties of the Survivors Truth and Healing Subcommittee under subsection (f), the Survivors Truth and Healing Subcommittee 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. Chapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act ), shall not apply to the Survivors Truth and Healing Subcommittee. For purposes of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ), any individual who is a member of the Survivors Truth and Healing Subcommittee shall be considered a covered employee under the Act. A member of the Survivors Truth and Healing Subcommittee shall be compensated at a daily equivalent of the annual rate of basic pay prescribed for grade 7, step 1, 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 of the Survivors Truth and Healing Subcommittee is engaged in the performance of their duties under this Act limited to convening meetings, including public and private meetings to receive testimony in furtherance of the duties of the Survivors Truth and Healing Subcommittee and the purposes of this Act. A member of the Survivors Truth and Healing Subcommittee 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 Survivors Truth and Healing Subcommittee.
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Sec. 121
Survivors Truth and Healing Subcommittee
U.S.C.§ 1301
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