Truth and Healing Commission on Indian Boarding School Policies Act of 2026
- Bill Number
- H.R. 7325
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Native Americans
- Status
- Introduced
- Latest Action
- 2026-02-03: Referred to the Committee on Education and Workforce, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-05-05T08:06:29Z
AI-Generated Summary
Purpose
The Truth and Healing Commission on Indian Boarding School Policies Act of 2026 aims to create a formal process to examine the history and lasting harms of federal policies that operated Indian boarding schools. These schools, active mainly before 1969, were designed to assimilate Native American children by removing them from their families and suppressing their cultures, languages, and traditions, often involving abuse. The Act seeks to document these events, assess their impacts, recommend federal actions for acknowledgment and repair, and support healing for survivors, their descendants, and communities.
Key Provisions
- Establishment of the Commission (Title I, Subtitle A): Creates the Truth and Healing Commission on Indian Boarding School Policies in the United States as an independent body in the legislative branch. It has 5 members appointed by congressional leaders, with expertise in areas like indigenous rights, trauma care, and cultural practices. The Commission lasts up to 6 years, holds public and private meetings (at least one per Bureau of Indian Affairs region and Hawaii, plus quarterly testimony sessions), and is funded by $90 million from existing Indian land and financing acts.
- Duties of the Commission (Title I, Subtitle B):
- Conduct a broad investigation into the policies' social, cultural, economic, emotional, and physical effects on Native communities.
- Review historical records, collaborate with tribes and agencies, assess impacts on students and cultures.
- Hold trauma-informed (a type of care focused on safety and recovery from past harm) meetings to gather testimony.
- Make recommendations on federal acknowledgments, policy changes, public education, and religious institutions' roles.
- Locate and document burial sites of students, sharing information with tribes and descendants.
- Issue annual progress reports, an initial report after 4 years, and a final report before termination, distributed to the President, agencies, and Congress. Agencies must respond to recommendations within 120 days.
- Survivors Truth and Healing Subcommittee (Title I, Subtitle C): A 15-member group appointed by the Commission, including survivors, descendants, and educators from Indian boarding schools. It advises on meetings, reports, and healing support, with renewable 2-year terms and compensation for participation.
- Advisory Committees (Title II):
- Native American Truth and Healing Advisory Committee: 19 members, including tribal representatives and experts, to advise on cultural aspects, documentation, and convenings.
- Federal and Religious Truth and Healing Advisory Committee: 20 members from federal agencies and religious groups, to coordinate information sharing and support the Commission's work.
- General Provisions (Title III):
- Clarifies that the Native American Graves Protection and Repatriation Act (NAGPRA, a law protecting Native ancestral remains and items) applies to boarding school-related cultural items.
- Allows federal agencies to permit reburials on federal land and enter co-stewardship agreements (shared management) for school sites or cemeteries.
- States no new private lawsuits can arise from the Act.
The Commission and groups are exempt from the Federal Advisory Committee Act (rules for government advisory bodies) to allow flexibility, but members are covered under workplace protection laws.
Significant Changes to Existing Law
- Expansion of NAGPRA: Explicitly applies this law to all cultural items linked to Indian boarding schools, overriding any prior narrow interpretations by agencies. This ensures better protection and return of remains, artifacts, or sacred objects to tribes or descendants.
- Burial and Site Management: Introduces new permissions for reburials on federal lands after repatriation and allows co-stewardship agreements for boarding school cemeteries or sites, which were not previously specified in law.
- No Broader Changes: The Act does not create new enforceable rights or lawsuits, limiting it to investigative and advisory functions without altering core federal-tribal relations laws.
Potential Impacts
- On Government Agencies: Requires coordination among departments like Interior, Health and Human Services, Education, and Defense to provide records, host events, and respond to recommendations. This could lead to policy shifts in education, health care, and cultural preservation, with added administrative duties but no new funding beyond the $90 million allocation.
- On Citizens: Primarily benefits Native American survivors, descendants, and communities by providing platforms for testimony, healing services, and public awareness, potentially aiding mental health and cultural revival. It may increase education about U.S. history in schools and museums.
- On International Relations: Minimal direct impact, though the investigation could influence U.S. discussions on indigenous rights globally, similar to truth commissions in other countries like Canada.
Main Stakeholders Affected
- Native Americans and Native Hawaiians: Survivors, descendants, tribes, and organizations (e.g., National Native American Boarding School Healing Coalition) as primary voices in testimony, appointments, and healing efforts.
- Indian Tribes and Tribal Organizations: Involved in nominations, consultations, and receiving burial information; they gain tools for cultural repatriation and site management.
- Federal Agencies: Including Interior (Bureau of Indian Affairs), Health and Human Services (Indian Health Service), Education, and others, tasked with data sharing and responses.
- Religious Institutions: Those that ran schools must provide records and participate in advisory roles, potentially leading to acknowledgments of past involvement.
- Congress and the Public: Receives reports and recommendations, influencing future legislation on Native issues.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces tribal sovereignty by mandating consultations and applying NAGPRA more broadly, but explicitly bars new lawsuits to avoid judicial overload. Exemptions from advisory committee rules allow quicker operation but raise transparency concerns.
- Constitutional: Aligns with treaty obligations and equal protection by addressing historical federal harms to Native peoples, without creating new entitlements that might challenge separation of powers.
- Political: Promotes reconciliation and bipartisanship (introduced by members from both parties), potentially shaping future budgets for Native health and education. It signals a shift toward restorative justice (focusing on healing over punishment) in U.S. policy toward indigenous groups, though implementation depends on congressional follow-through on recommendations.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (17)
Rep. Davids, Sharice [D-KS-3], Rep. Ciscomani, Juan [R-AZ-6], Rep. Fleischmann, Charles J. "Chuck" [R-TN-3], Rep. Newhouse, Dan [R-WA-4], Rep. Bergman, Jack [R-MI-1], Rep. Langworthy, Nicholas A. [R-NY-23], Rep. Bacon, Don [R-NE-2], Rep. Yakym, Rudy [R-IN-2], Rep. Fine, Randy [R-FL-6], Rep. Houchin, Erin [R-IN-9], Rep. Kiley, Kevin [R-CA-3], Rep. Ellzey, Jake [R-TX-6], Rep. Rutherford, John H. [R-FL-5], Rep. Moolenaar, John R. [R-MI-2], Rep. Suozzi, Thomas R. [D-NY-3], Del. Moylan, James C. [R-GU-At Large], Rep. Mann, Tracey [R-KS-1]
Recent Actions
- 2026-02-03: Referred to the Committee on Education and Workforce, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-02-03: Referred to the Committee on Education and Workforce, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-02-03: Introduced in House
- 2026-02-03: Introduced in House
Bill Versions
- Truth and Healing Commission on Indian Boarding School Policies Act of 2026 — issued 2026-02-03 — PDF (60 pages)