‘‘(3) SUCCESSION.—Any official who is serving 
as Assistant Secretary for Indian Affairs on the date 
of enactment of the American Indian Trust Fund 
Management Reform Act Amendments Act of 2003 
and who was appointed by the President, by and 
with the advice and consent of the Senate, shall not 
be required to be reappointed under subsection (a) 
to the successor position authorized under subsection 
(a) if the Secretary approves the occupation by the 
official of the position by the date that is 180 days 
after the date of enactment of the American Indian 
Trust Fund Management Reform Act Amendments 
Act of 2003 (or such later date determined by the 
Secretary if litigation delays rapid succession). 
‘‘(c) STAFF.—In carrying out this section, the Dep-
uty Secretary may hire such staff having expertise in trust 
asset and trust fund management, financial organization 
and management, and Federal Indian law and policy as 
the Deputy Secretary determines is necessary to carry out 
this title. 
‘‘(d) EFFECT ON DUTIES OF OTHER OFFICIALS.—
‘‘(1) IN GENERAL.—Except as provided in sub-
section (c) and paragraph (2), nothing in this sec-
tion diminishes any responsibility or duty of the 
Deputy Secretary of the Interior appointed under
the Act of May 9, 1935 (43 U.S.C. 1452), or any 
other Federal official, relating to any duty estab-
lished under this Act or any other provision of law. 
‘‘(2) TRUST ASSET AND TRUST FUND MANAGE-
MENT
AND
REFORM.—Notwithstanding any other 
provision of law, the Deputy Secretary shall have 
overall management and oversight authority on mat-
ters of the Department relating to trust asset and 
trust fund management and reform (including mat-
ters that, as of the day before the date of enactment 
of the Indian Trust Asset and Trust Fund Manage-
ment and Reform Act of 2003, were carried out by 
the Commissioner of Indian Affairs). 
‘‘(e) OFFICE OF TRUST REFORM IMPLEMENTATION 
AND OVERSIGHT.—
‘‘(1) ESTABLISHMENT.—There is established 
within the Office of the Secretary the Office of 
Trust Reform Implementation and Oversight. 
‘‘(2) REFORM OFFICE HEAD.—The Reform Of-
fice shall be headed by the Deputy Secretary. 
‘‘(3) DUTIES.—The Reform Office shall—
‘‘(A) supervise and direct the day-to-day 
activities of the Deputy Secretary, the Commis-
sioner of Reclamation, the Director of the Bu-
reau of Land Management, and the Director of
the Minerals Management Service, to the extent 
that those officials administer or manage any 
Indian trust assets or funds; 
‘‘(B) administer, in accordance with title 
II, all trust properties, funds, and other assets 
held by the United States for the benefit of In-
dian tribes and individual members of Indian 
tribes; 
‘‘(C) require the development and mainte-
nance of an accurate inventory of all trust 
funds and trust assets; 
‘‘(D) ensure the prompt posting of revenue 
derived from a trust fund or trust asset for the 
benefit of each Indian tribe (or individual mem-
ber of each Indian tribe) that owns a beneficial 
interest in the trust fund or trust asset; 
‘‘(E) ensure that all trust fund accounts 
are audited at least annually, and more fre-
quently as determined to be necessary by the 
Deputy Secretary; 
‘‘(F) ensure that the Deputy Secretary, the 
Director of the Bureau of Land Management, 
the Commissioner of Reclamation, and the Di-
rector of the Minerals Management Service pro-
vide to the Secretary current and accurate in-
formation relating to the administration and 
management of trust funds and trust assets; 
and 
‘‘(G) provide for regular consultation with 
trust fund account holders on the administra-
tion of trust funds and trust assets to ensure, 
to the maximum extent practicable in accord-
ance with applicable law and a Plan approved 
under section 202, the greatest return on those 
funds and assets for the trust fund account 
holders consistent with the beneficial owners in-
tended uses for the trust funds. 
‘‘(4) CONTRACTS AND COMPACTS.—The Reform 
Office may carry out its duties directly or through 
contracts and compacts under section 102 of the In-
dian Self-Determination Act (25 U.S.C. 450f) or 
section 403 of the Indian Self Determination and 
Education Assistance Act (25 U.S.C. 458cc) to pro-
vide for the management of trust assets and trust 
funds by Indian tribes pursuant to a Trust Fund 
and Trust Asset Management and Monitoring Plan 
developed under section 202 of this Act. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section.’’.
(b) CONFORMING AMENDMENTS.—
(1) IN GENERAL.—
(A) Section 5313 of title 5, United States 
Code, is amended by inserting ‘‘Deputy Sec-
retary of the Interior for Indian Affairs’’ after 
‘‘Deputy Secretary of the Interior’’. 
(B) Section 5315 of title 5, United States 
Code, is amended by striking ‘‘Assistant Secre-
taries of the Interior (6)’’ and inserting ‘‘As-
sistant Secretaries of the Interior (5)’’. 
(C) Title III of the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4041 et seq.) is amended by striking the 
title heading and inserting the following: 
‘‘TITLE III—REFORMS RELATING 
TO TRUST RESPONSIBILITY’’. 
(D) Section 301(1) of the American Indian 
Trust Fund Management Reform Act of 1994 
(25 U.S.C. 4041(1)) is amended by striking ‘‘by 
establishing in the Department of the Interior 
an Office of Special Trustee for American Indi-
ans’’ and inserting ‘‘by directing the Deputy 
Secretary’’.
(E) Section 303 of the American Indian 
Trust Fund Management Reform Act of 1994 
(25 U.S.C. 4043) is amended—
(i) by striking the section heading and 
inserting the following: 
‘‘SEC. 303. ADDITIONAL AUTHORITIES AND FUNCTIONS OF 
THE DEPUTY SECRETARY. ’’; 
(ii) in subsection (a)(1), by striking 
‘‘section 302(b) of this title’’ and inserting 
‘‘section 302(a)(2)’’; 
(iii) in subsection (e)—
(I) by striking the subsection 
heading and inserting the following: 
‘‘(e) ACCESS OF DEPUTY SECRETARY.—’’; and 
(II) by striking ‘‘of his duties’’ 
and inserting ‘‘of the duties of the 
Deputy Secretary’’; and 
(iv) by striking ‘‘Special Trustee’’ 
each place it appears and inserting ‘‘Dep-
uty Secretary’’. 
(F) Sections 304 and 305 of the American 
Indian Trust Fund Management Reform Act of 
1994 (25 U.S.C. 4044, 4045) are amended by 
striking ‘‘Special Trustee’’ each place it appears 
and inserting ‘‘Deputy Secretary’’.
(G) The first section of Public Law 92–22 
(43 U.S.C. 1453a) is repealed. 
(H) Any reference in a law, map, regula-
tion, document, paper, or other record of the 
United States to the Assistant Secretary of the 
Interior for Indian Affairs shall be deemed to 
be a reference to the Deputy Secretary of the 
Interior for Indian Affairs. 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection take effect on the date on which 
a Deputy Secretary for Indian Affairs is appointed 
under section 302 of the American Indian Trust 
Fund Management Reform Act (as amended by sub-
section (a)). 
SEC. 7. COMMISSION FOR REVIEW OF INDIAN TRUST FUND 
MANAGEMENT RESPONSIBILITIES. 
(a) ESTABLISHMENT.—There is established a com-
mission, to be known as the ‘‘Commission for Review of 
Indian Trust Fund Management Responsibilities’’ (re-
ferred to in this section as the ‘‘Commission’’), for the 
purpose of assessing the fiduciary and management re-
sponsibilities of the Federal Government with respect to 
Indian tribes and individual Indian beneficiaries. 
(b) MEMBERSHIP.—
(1) IN
GENERAL.—The Commission shall be 
composed of 12 members, of whom—
(A) 4 members shall be appointed by the 
President; 
(B) 2 members shall be appointed by the 
Majority Leader of the Senate; 
(C) 2 members shall be appointed by the 
Minority Leader of the Senate; 
(D) 2 members shall be appointed by the 
Speaker of the House of Representatives; and 
(E) 2 members shall be appointed by the 
Minority Leader of the House of Representa-
tives. 
(2) QUALIFICATIONS.—The membership of the 
Commission—
(A) shall include a majority of individuals 
who are representatives of federally recognized 
Indian tribes, including at least 1 representative 
who is an individual Indian trust fund account 
holder; and 
(B) shall include members who have expe-
rience in—
(i) trust management; 
(ii) fiduciary investment management;
(iii) Federal Indian law and policy; 
and 
(iv) financial management. 
(3) CHAIRPERSON.—The Commission shall se-
lect a Chairperson from among the members of the 
Commission. 
(4) DATE
OF
APPOINTMENTS.—The appoint-
ment of a member of the Commission shall be made 
not later than 90 days after the date of enactment 
of this Act. 
(5) TERM; VACANCIES.—
(A) TERM.—A member shall be appointed 
for the life of the Commission. 
(B) VACANCIES.—A vacancy on the Com-
mission—
(i) shall not affect the powers of the 
Commission; and 
(ii) shall be filled in the same manner 
as the original appointment was made. 
(c) MEETINGS.—
(1) INITIAL MEETING.—Not later than 60 days 
after the date on which all members of the Commis-
sion have been appointed, the Commission shall hold 
the initial meeting of the Commission. 
(2) PROCEDURES.—The Commission shall—
(A) meet at the call of the Chairperson; 
and 
(B) establish procedures for conduct of 
business of the Commission, including public 
hearings. 
(3) QUORUM.—A majority of the members of 
the Commission shall constitute a quorum, but a 
lesser number of members may hold hearings. 
(d) DUTIES.—The Commission shall—
(1) review and assess Federal laws and policies 
relating to the management of Indian trust funds; 
(2) make recommendations (including legislative 
and administrative recommendations) relating to 
management of Indian trust funds, including but not 
limited to options for—
(A) historical accounting; 
(B) settlement of disputed tribal and indi-
vidual accounts; and 
(C) revisions of—
(i) management standards; 
(ii) administrative management struc-
ture; 
(iii) investment policies and account-
ing; and 
(iv) reporting procedures; and
(3) carry out such other duties as the President 
may assign to the Commission. 
(e) REPORT.—Not later than 32 months after the 
date on which the Commission holds the initial meeting 
of the Commission, the Commission shall submit to Con-
gress, the Secretary of the Interior, and the Secretary of 
the Treasury a report that includes the results of the as-
sessment conducted, and the recommendations made, by 
the Commission under subsection (d). 
(f) POWERS OF COMMISSION.—
(1) HEARINGS.—The Commission may hold 
such hearings, meet and act at such times and 
places, take such testimony, and receive such evi-
dence as the Commission considers advisable to 
carry out this section. 
(2) INFORMATION FROM FEDERAL AGENCIES.—
(A) IN GENERAL.—The Commission may 
secure directly from a Federal agency such in-
formation as the Commission considers nec-
essary to carry out this section. 
(B) PROVISION OF INFORMATION.—On re-
quest of the Chairperson of the Commission, 
the head of the agency shall provide the infor-
mation to the Commission.
(3) ACCESS TO PERSONNEL.—The Commission 
shall have reasonable access to staff responsible for 
Indian trust management in—
(A) the Department of the Interior; 
(B) the Department of Treasury; and 
(C) the Department of Justice. 
(4) POSTAL SERVICES.—The Commission may 
use the United States mails in the same manner and 
under the same conditions as other agencies of the 
Federal Government. 
(5) GIFTS.—The Commission may accept, use, 
and dispose of gifts or donations of services or prop-
erty. 
(g) COMMISSION PERSONNEL MATTERS.—
(1) COMPENSATION OF MEMBERS.—
(A) NON-FEDERAL EMPLOYEES.—A mem-
ber of the Commission who is not an officer or 
employee of the Federal Government shall be 
compensated at a rate equal to the daily equiva-
lent of the annual rate of basic pay prescribed 
for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for 
each day (including travel time) during which 
the member is engaged in the performance of 
the duties of the Commission.
(B) FEDERAL EMPLOYEES.—A member of 
the Commission who is an officer or employee 
of the Federal Government shall serve without 
compensation in addition to the compensation 
received for the services of the member as an 
officer or employee of the Federal Government. 
(2) TRAVEL
EXPENSES.—A member of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for an employee of an agency under subchapter 
I of chapter 57 of title 5, United States Code, while 
away from the home or regular place of business of 
the member in the performance of the duties of the 
Commission. 
(3) STAFF.—
(A) IN GENERAL.—The Chairperson of the 
Commission may, without regard to the civil 
service laws (including regulations), appoint 
and terminate an executive director and such 
other additional personnel as are necessary to 
enable the Commission to perform the duties of 
the Commission. 
(B) CONFIRMATION OF EXECUTIVE DIREC-
TOR.—The employment of an executive director
shall be subject to confirmation by the Commis-
sion. 
(C) COMPENSATION.—
(i) IN GENERAL.—Except as provided 
in clause (ii), the Chairperson of the Com-
mission may fix the compensation of the 
executive director and other personnel 
without regard to the provisions of chapter 
51 and subchapter III of chapter 53 of 
title 5, United States Code, relating to 
classification of positions and General 
Schedule pay rates. 
(ii) MAXIMUM
RATE
OF
PAY.—The 
rate of pay for the executive director and 
other personnel shall not exceed the rate 
payable for level V of the Executive Sched-
ule under section 5316 of title 5, United 
States Code. 
(h) EXEMPTION FROM FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply to 
the Commission. 
(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section.
(j) TERMINATION OF COMMISSION.—The Commis-
sion and the authority of the Commission under this sec-
tion terminates on the date that is 3 years after the date 
on which the Commission holds the initial meeting of the 
Commission. 
SEC. 8. REGULATIONS. 
The Secretary of the Interior, in consultation with in-
terested Indian tribes, shall promulgate such regulations 
as are necessary to carry out this Act and amendments 
made by this Act. 
SEC. 9. EFFECT OF ACT. 
(a) COURT PROCEEDINGS.—Nothing in this Act lim-
its the findings, remedies, jurisdiction, authority, or dis-
cretion of the courts in the matter entitled Cobell v. Nor-
ton, Civ. No. 96–1285 (RCL). 
(b) USE OF FUNDS.—No funds appropriated for the 
purpose of an historical accounting of the individual In-
dian trust funds shall be used except as provided in an 
order of the court in Cobell v. Norton, Civ. No. 96–1285 
(RCL) entered after the date of enactment of this Act.
Æ