Truth and Healing Commission on Indian Boarding School Policies Act of 2025
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Would establish the Truth and Healing Commission on Indian Boarding School Policies in the United States — a federally funded, five-member investigative body supported by three advisory committees — to document the history and lasting effects of federal policies that forcibly removed American Indian, Alaska Native, and Native Hawaiian children from their families and placed them in institutions designed to eliminate their languages and cultures.
The Commission would hold trauma-informed convenings in all 12 Bureau of Indian Affairs regions and Hawaii, locate and document unmarked student burial sites, and deliver policy recommendations to Congress — representing the first formal federal investigative body dedicated to this chapter of U.S. history.
What this bill would do
What it would do
The bill would create the Truth and Healing Commission on Indian Boarding School Policies within the legislative branch, operating for six years. Five commissioners — appointed by congressional leaders from nominees submitted by Indian Tribes, tribal organizations, and Native Hawaiian groups — would conduct a comprehensive interdisciplinary investigation into the social, cultural, economic, and physical effects of the boarding school policies on survivors, their families, and Native communities. The Commission would hold at least one quarterly convening per year for testimony and at least one convening in each of the 12 BIA regions and Hawaii, with trauma-informed care services available at each. It would locate and document marked and unmarked burial sites of students, produce an initial report within four years of member appointments, and submit a final report before its six-year termination. Cabinet secretaries receiving the final report must publicly respond within 120 days.
The bill would not create a private right of action for survivors to seek relief. It would direct that the Native American Graves Protection and Repatriation Act applies to cultural items connected to Indian Boarding Schools regardless of how any agency has previously interpreted it, and would require federal agencies to permit reburial of repatriated remains on federal land. The $90 million in funding would be drawn from existing statutory authorizations rather than new appropriations.
Key provisions
- 1Would establish the Truth and Healing Commission within the legislative branch, with five members appointed by congressional leaders from nominees submitted by Indian Tribes, tribal organizations, and Native Hawaiian groups.
- 2Would require the Commission to conduct a comprehensive interdisciplinary investigation of Indian Boarding School Policies, including their social, cultural, economic, emotional, and physical effects on Native communities, survivors, and descendants.
- 3Would require at least one convening per quarter for testimony, and at least one convening in each of the 12 BIA regions and Hawaii, with trauma-informed care services available at all events.
- 4Would require the Commission to locate, document, and share information about marked and unmarked burial sites of students who attended Indian Boarding Schools with affected descendants, tribes, and the Office of Hawaiian Affairs.
- 5Would require an initial report within four years of member appointments and a final report before the Commission's six-year termination, with policy recommendations to Congress; cabinet secretaries must respond publicly within 120 days.
- 6Would establish a 15-member Survivors Subcommittee, a 19-member Native American Advisory Committee, and a 20-member Federal and Religious Advisory Committee to support the Commission's investigation.
- 7Would clarify that NAGPRA applies to cultural items related to Indian Boarding Schools regardless of prior agency interpretation, and require federal agencies to permit reburial of repatriated remains on federal land.
Who would be affected
Native American survivors of Indian Boarding Schools and their descendants across the United States; Indian Tribes, tribal organizations, and Native Hawaiian organizations that would nominate members and provide testimony; federal agencies — including the Departments of the Interior, Education, Health and Human Services, and Defense — whose senior officials would serve on advisory bodies; and religious institutions that historically operated boarding schools.
Why it matters
If enacted, survivors and descendants would gain a formal federal platform for documented testimony and recognition of the boarding school system's harms. The Commission's final recommendations could prompt changes to federal statutes, regulations, and agency practices affecting ongoing Native child removal, burial protections, and language and cultural preservation. The NAGPRA clarification would resolve agency interpretive disputes about repatriation of boarding-school-related remains.
What would change
Changes to existing law
Amends Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) (Secs. 301, 302)
Directs that NAGPRA applies to cultural items related to Indian Boarding Schools regardless of any agency's prior interpretation, and requires federal agencies to permit reburial of repatriated items on federal land.
Agencies directed to act
Effective dates
- Deadline for Indian Tribes and Native organizations to submit nominations for Commission members
- Deadline for all five Commission members to be appointed
- Minimum quarterly convenings for testimony must begin
- Commission terminates
Funding and costs
- $90,000,000
Carrying out the Truth and Healing Commission on Indian Boarding School Policies Act, drawn from existing authorizations under the Indian Land Consolidation Act Amendments of 2000 and the Indian Financing Act of 1974.
Congressional Budget Office estimate
CBO estimates S. 761 would cost $90 million in discretionary spending subject to appropriation over the 2026–2035 period, with a negligible effect on direct spending and no effect on revenues or the deficit.
CBO estimates that enacting S. 761 would require $90 million in discretionary appropriations (spending that Congress must separately approve) over the 2026–2035 period — approximately $15 million per year from 2026 through 2031 — to fund the Truth and Healing Commission and its advisory committees, with $70 million of that spent in the 2026–2030 window. The bill would have a negligible effect on direct (mandatory) spending, as the commission's authority to solicit private donations would likely be offset by near-immediate expenditure of those funds. CBO found no intergovernmental or private-sector mandates as defined under the Unfunded Mandates Reform Act.
How implementation would work
Within 90 days of enactment, Indian Tribes and Native organizations may submit nominee lists to the Secretary of the Interior; commissioners must be appointed within 180 days. The Commission then convenes three supporting bodies — a 15-member Survivors Subcommittee, a 19-member Native American Advisory Committee, and a 20-member Federal and Religious Advisory Committee — each with defined membership and non-voting designees at Commission meetings. Convenings follow trauma-informed protocols finalized within 90 days of the initial advisory committee meeting. The Commission may contract with outside entities, accept donations, and request records from federal, tribal, state, and religious entities. Annual reports go to Congress; the initial report is due at year four and the final report before six-year termination, after which relevant secretaries must post public responses within 120 days.
Legislative status & sources
Latest action
Placed on Senate Legislative Calendar under General Orders. Calendar No. 139.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill establishes the Truth and Healing Commission on Indian Boarding School Policies in the United States within the legislative branch and sets forth its powers, duties, and membership.
Among other duties, the commission must investigate the impacts and ongoing effects of the Indian Boarding School Policies (federal policies under which American Indian, Alaska Native, and Native Hawaiian children were forcibly removed from their family homes and placed in boarding schools).
Further, the commission must develop recommendations on ways to (1) protect unmarked graves and accompanying land protections; (2) support repatriation and identify the tribal nations from which children were taken; and (3) discontinue the removal of American Indian, Alaska Native, and Native Hawaiian children from their families and tribal communities by state social service departments, foster care agencies, and adoption agencies.
Legislative subjects
Adoption and foster care; Advisory bodies; Alaska Natives and Hawaiians; Child care and development; Child safety and welfare; Elementary and secondary education; Family relationships; Federal-Indian relations; Hawaii; Historical and cultural resources; Human rights; Indian social and development programs; Language arts; Minority education; Native Americans; Public participation and lobbying; Racial and ethnic relations; Religion; Social work, volunteer service, charitable organizations; U.S. history
Committee report
S. Rept. 119-54