S. 761 — Truth and Healing Commission on Indian Boarding School Policies Act of 2025

This section establishes in the legislative branch the Truth and Healing Commission on Indian Boarding School Policies in the United States to investigate historical policies and practices of federal and religious Indian boarding schools. The Commission consists of five members appointed not later than 180 days after enactment by the Senate majority leader, Senate minority leader, Speaker of the House, House minority leader, and jointly by the Senate Committee on Indian Affairs chairperson and vice chairperson, respectively (drawing from nominations by Indian Tribes, Tribal organizations, Native Americans, the Office of Hawaiian Affairs, and Native Hawaiian organizations submitted to the Secretary of the Interior within 90 days of enactment). Members serve for the shorter of six years or the life of the Commission, which terminates six years after enactment; vacancies are filled within 90 days, and a quorum of members may remove another for neglect of duty or malfeasance. The Commission holds an initial business meeting 90 days after all members are appointed to select leadership, adopt rules, and appoint specified subcommittees and advisory committees; subsequent meetings occur at the chairperson's call (in-person or virtual), require a simple majority quorum, and include non-voting designees from those bodies; Commission members (who may not be federal officers or employees) receive compensation at a daily equivalent of GS-5 basic pay for up to 10 days per month while performing duties.

This section directs the Commission to (1) conduct a comprehensive interdisciplinary investigation of Indian Boarding School Policies (i.e., historical federal policies that removed Native American children from families and placed them in boarding schools to assimilate them into non-Native culture) and their social, cultural, economic, emotional, and physical effects on Native American communities, Indian Tribes, survivors, families, and descendants—including reviewing records from all archives and non-federal sources, collaborating with advisory committees and relevant entities, and assessing impacts on cultures, traditions, and languages; (2) hold safe, trauma-informed public or private meetings or convenings, with access to trauma care services, to receive testimony; (3) develop recommendations to Congress on federal acknowledgment (including memorialization and record preservation), modifications to statutes and policies to address ongoing effects, public awareness and education efforts, and views of religious institutions; and (4) coordinate to locate, identify, and document marked and unmarked burial sites of Indian Boarding School students, including preservation of related records.

This section establishes the Survivors Truth and Healing Subcommittee of the Commission as a 15-member body, with members appointed by the Commission from nominees submitted by Indian Tribes, Tribal organizations, Native Americans, the Office of Hawaiian Affairs, and Native Hawaiian organizations via the Secretary of the Interior. (1) Membership consists of 12 representatives from Bureau of Indian Affairs regions and 1 from Hawai‘i, including 9 Indian boarding school attendees (of whom at least 2 graduated within 5 years before enactment from an operating school or Bureau of Indian Education-funded school), 5 descendants of attendees, and 1 educator currently or recently employed at an Indian boarding school; no member may be a federal officer or employee. (2) Appointments occur at the Commission's initial meeting, with fallback appointment by the Senate Committee on Indian Affairs Chair (with Vice Chair concurrence) within 30 days if needed; terms are 2 years (automatically renewable), with vacancies filled within 90 days and removal only for neglect of duty or malfeasance. (3) The subcommittee terminates 90 days after the Commission's final report. This section requires an initial business meeting within 30 days of full appointment to select a chairperson (who also serves as vice chairperson of the Federal and Religious Truth and Healing Advisory Committee), vice chairperson (who also serves as vice chairperson of the Native American Truth and Healing Advisory Committee), and other officers; adopt rules; and designate members for Commission roles. Subsequent meetings occur at the chairperson's call (in-person or virtual), with a simple majority quorum and authority to adopt additional rules by majority vote.

This section establishes the Native American Truth and Healing Advisory Committee with 19 members, including the Commission's Vice Chairperson (as committee Chairperson), the Survivors Truth and Healing Subcommittee's Vice Chairperson (as committee Vice Chairperson), the Secretary of the Interior or designee (as committee Secretary), 12 representatives from Bureau of Indian Affairs regions, 1 from Hawai‘i, 1 from the National Native American Boarding School Healing Coalition, 1 from the National Association of Tribal Historic Preservation Officers, and 1 from the National Indian Education Association. At least two members must have experience in health care, mental health, traditional healing, counseling, or working with survivors or descendants of Indian boarding schools. It requires nominations from Indian Tribes, Tribal organizations, Native Americans, the Office of Hawaiian Affairs, and Native Hawaiian organizations to be submitted to the Secretary of the Interior within 90 days of enactment for Commission appointment at its initial meeting (with fallback appointment by the Senate Committee on Indian Affairs Chair, with Vice Chair concurrence, within 30 days if needed); sets automatically renewable two-year terms, with vacancies filled within 90 days; terminates the committee 90 days after the Commission's final report; prohibits other federal officers or employees as members; sets quorum at a simple majority; allows removal by quorum vote for neglect of duty or malfeasance; requires an initial meeting within 30 days of full appointment to adopt rules, designate members for Commission duties, and appoint non-voting designees to the Commission; and authorizes subsequent meetings at the Chairperson's call (in-person or virtual) and majority-vote rules with Commission advice.

This section establishes within the Department of the Interior the Federal and Religious Truth and Healing Advisory Committee, consisting of 20 members including specified federal officials (or designees) from the White House, Departments of the Interior, Health and Human Services, Education, the Archivist of the United States, Librarian of Congress, and 3 representatives from religious institutions appointed by the White House Office of Faith-Based and Neighborhood Partnerships. Committee members serve automatically renewable 2-year terms, with vacancies filled within 90 days and removal only by quorum vote for neglect of duty or malfeasance; the committee terminates 90 days after the Commission submits its final report. The committee must hold an initial business meeting within 30 days of the Commission's initial meeting to establish rules and appoint 2 non-voting designees to the Commission, with subsequent meetings at the chairperson's call (in-person or virtual) and a simple majority quorum required. The committee may adopt rules by majority vote and must (1) coordinate federal agencies and religious institutions to further the Act's purposes; (2) assist the Commission and Native American Truth and Healing Advisory Committee with meetings, convenings, and information collection and preservation; (3) submit necessary materials to the Commission; and (4) coordinate with the Commission, Native American Truth and Healing Advisory Committee, and Survivors Truth and Healing Subcommittee.