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Code · BILL · 113th Congress · H.R. 409 (Introduced in House) — To provide for Indian trust asset management reform, and for other purposes. · Sec. 305

Sec. 305. Office of Special Trustee for American Indians

1,054 words·~5 min read·/bill/113/hr/409/ih/section-305

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Notwithstanding sections 302 and 303 of the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4042 ; 4043), the Office of Special Trustee for American Indians shall terminate on the effective date of this section. There is transferred to the Under Secretary any function of the Special Trustee for American Indians that has not been carried out by the Special Trustee as of the effective date of this section. If necessary, the Office of Management and Budget shall make any determination relating to the functions transferred under subsection (b).
The Under Secretary may appoint and fix the compensation of such officers and employees as the Under Secretary determines to be necessary to carry out any function transferred under this section. Except as otherwise provided by law— any officer or employee described in paragraph
(1)shall be appointed in accordance with the civil service laws; and the compensation of such an officer or employee shall be fixed in accordance with title 5, United States Code. Except as otherwise expressly prohibited by law or otherwise provided by this section, the Under Secretary may— delegate any of the functions transferred to the Under Secretary under this section and any function transferred or granted to the Under Secretary after the effective date of this section to such officers and employees of the Office as the Under Secretary may designate; and authorize successive redelegations of the functions as are necessary or appropriate. No delegation of functions by the Under Secretary under this section shall relieve the Under Secretary of responsibility for the administration of the functions. The Under Secretary may allocate or reallocate any function transferred under subsection
(b)among the officers of the Office, and establish, consolidate, alter, or discontinue such organizational entities in the Office as the Under Secretary determines to be necessary or appropriate. The Under Secretary may prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Under Secretary determines to be necessary or appropriate to administer and manage the functions of the Office. Except as otherwise provided in this section, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by this section, subject to section 1531 of title 31, United States Code, shall be transferred to the Office. The Director of the Office of Management and Budget, at any time the Director may provide, may make such determinations as are necessary with regard to the functions transferred by this section, and make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as are necessary, to carry out this section. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this section and for any further measures and dispositions as are necessary to effectuate the purposes of this section. Except as otherwise provided by this section, the transfer pursuant to this section of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for a period of at least 1 year after the date of transfer of the employee under this section. Except as otherwise provided in this section, any person who, on the day preceding the effective date of this section, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed to a position in the Office having duties comparable to the duties performed immediately preceding such appointment, shall continue to be compensated in the new position at not less than the rate provided for the previous position, for the duration of the service of the person in the new position. Positions the incumbents of which are appointed by the President, by and with the advice and consent of the Senate, and the functions of which are transferred by this title, shall terminate on the effective date of this section. If a provision of this section or the application of this section to any person or circumstance is held invalid, neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected. The Under Secretary may use— the services of the officers, employees, and other personnel of the Special Trustee relating to functions transferred to the Office by this section; and funds appropriated to those functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this section. Any reference in a Federal law, Executive order, rule, regulation, delegation of authority, or document relating to the Special Trustee, with respect to functions transferred under this section, shall be deemed to be a reference to the Under Secretary. Not later than 180 days after the effective date of this title, the Under Secretary, in consultation with the appropriate committees of Congress and the Director of the Office of Management and Budget, shall submit to Congress any recommendations relating to additional technical and conforming amendments to Federal law to reflect the changes made by this section. Any legal document relating to a function transferred by this section that is in effect on the effective date of this section shall continue in effect in accordance with the terms of the document until the document is modified or terminated by— the President; the Under Secretary; a court of competent jurisdiction; or operation of Federal or State law. This section shall not affect any proceeding (including a notice of proposed rulemaking, an administrative proceeding, and an application for a license, permit, certificate, or financial assistance) relating to a function transferred under this section that is pending before the Special Trustee on the effective date of this section. This section shall take effect on April 1, 2014, or 180 days following enactment of this Act into law, whichever is earlier.
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Sec. 305
Office of Special Trustee for American Indians
U.S.C.§ 4042
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