(7) manage and administer Indian trust re-
sources in accordance with any applicable Federal 
law; 
(8) take steps to protect the security of data re-
lating to individual Indian and Indian tribal trust 
accounts; and 
(9) take any other measure the Under Sec-
retary determines to be necessary with respect to In-
dian affairs. 
SEC. 304. TRANSFER OF FUNCTIONS OF ASSISTANT SEC-
RETARY FOR INDIAN AFFAIRS. 
(a) TRANSFER OF FUNCTIONS.—There is transferred 
to the Under Secretary any function of the Assistant Sec-
retary for Indian Affairs that has not been carried out 
by the Assistant Secretary as of the date of enactment 
of this Act. 
(b) DETERMINATIONS OF CERTAIN FUNCTIONS BY 
THE OFFICE OF MANAGEMENT AND BUDGET.—If nec-
essary, the Office of Management and Budget shall make 
any determination relating to the functions transferred 
under subsection (a). 
(c) PERSONNEL PROVISIONS.— 
(1) APPOINTMENTS.—The Under Secretary 
may appoint and fix the compensation of such offi-
cers and employees as the Under Secretary deter-
VerDate Mar 15 2010 
04:56 Feb 05, 2013
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H409.IH
H409
smartinez on DSK6TPTVN1PROD with BILLS
mines to be necessary to carry out any function 
transferred under this section. 
(2) REQUIREMENTS.—Except as otherwise pro-
vided by law— 
(A) an officer or employee described in 
paragraph (1) shall be appointed in accordance 
with the civil service laws; and 
(B) the compensation of the officer or em-
ployee shall be fixed in accordance with title 5, 
United States Code. 
(d) DELEGATION AND ASSIGNMENT.— 
(1) IN
GENERAL.—Except as otherwise ex-
pressly prohibited by law or otherwise provided by 
this section, the Under Secretary may— 
(A) delegate any of the functions trans-
ferred to the Under Secretary by this section 
and any function transferred or granted to the 
Under Secretary after the date of enactment of 
this Act to such officers and employees of the 
Office as the Under Secretary may designate; 
and 
(B) authorize successive redelegations of 
such functions as the Under Secretary deter-
mines to be necessary or appropriate. 
VerDate Mar 15 2010 
04:56 Feb 05, 2013
Jkt 029200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H409.IH
H409
smartinez on DSK6TPTVN1PROD with BILLS
(2) DELEGATION.—No delegation of functions 
by the Under Secretary under this section shall re-
lieve the Under Secretary of responsibility for the 
administration of the functions. 
(e) REORGANIZATION.—The Under Secretary may al-
locate or reallocate any function transferred under this 
section among the officers of the Office, and establish, 
consolidate, alter, or discontinue such organizational enti-
ties in the Office, as the Under Secretary determines to 
be necessary or appropriate. 
(f) RULES.—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 appro-
priate to administer and manage the functions of the Of-
fice. 
(g) TRANSFER AND ALLOCATIONS OF APPROPRIA-
TIONS AND PERSONNEL.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, the personnel employed in con-
nection with, and the assets, liabilities, contracts, 
property, records, and unexpended balances of ap-
propriations, authorizations, allocations, and other 
funds employed, used, held, arising from, available 
to, or to be made available in connection with, the 
VerDate Mar 15 2010 
04:56 Feb 05, 2013
Jkt 029200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H409.IH
H409
smartinez on DSK6TPTVN1PROD with BILLS
functions transferred by this section, subject to sec-
tion 1531 of title 31, United States Code, shall be 
transferred to the Office. 
(2) UNEXPENDED FUNDS.—Unexpended funds 
transferred pursuant to this subsection shall be used 
only for the purposes for which the funds were origi-
nally authorized and appropriated. 
(h) INCIDENTAL TRANSFERS.— 
(1) IN GENERAL.—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 bal-
ances 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. 
(2) TERMINATION OF AFFAIRS.—The Director 
of the Office of Management and Budget shall pro-
vide for the termination of the affairs of all entities 
terminated by this section and for any further meas-
ures and dispositions as are necessary to effectuate 
the purposes of this section. 
VerDate Mar 15 2010 
04:56 Feb 05, 2013
Jkt 029200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H409.IH
H409
smartinez on DSK6TPTVN1PROD with BILLS
(i) EFFECT ON PERSONNEL.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided by this section, the transfer pursuant to this 
section of full-time personnel (except special Govern-
ment employees) and part-time personnel holding 
permanent positions shall not cause any such em-
ployee to be separated or reduced in grade or com-
pensation for a period of at least 1 year after the 
date of transfer of the employee under this section. 
(2) EXECUTIVE SCHEDULE POSITIONS.—Except 
as otherwise provided in this section, any person 
who, on the day preceding the date of enactment of 
this Act, 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 per-
formed 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. 
(3) TERMINATION
OF
CERTAIN
POSITIONS.— 
Positions whose incumbents are appointed by the 
President, by and with the advice and consent of the 
VerDate Mar 15 2010 
04:56 Feb 05, 2013
Jkt 029200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H409.IH
H409
smartinez on DSK6TPTVN1PROD with BILLS
Senate, the functions of which are transferred by 
this title, shall terminate on the date of enactment 
of this Act. 
(j) SEPARABILITY.—If a provision of this section or 
the application of this section to any person or cir-
cumstance is held invalid, neither the remainder of this 
section nor the application of the provision to other per-
sons or circumstances shall be affected. 
(k) TRANSITION.—The Under Secretary may use— 
(1) the services of the officers, employees, and 
other personnel of the Assistant Secretary for Indian 
Affairs relating to functions transferred to the Office 
by this section; and 
(2) funds appropriated to the functions for such 
period of time as may reasonably be needed to facili-
tate the orderly implementation of this section. 
(l) REFERENCES.—Any reference in a Federal law, 
Executive order, rule, regulation, delegation of authority, 
or document relating to the Assistant Secretary for Indian 
Affairs, with respect to functions transferred under this 
section, shall be deemed to be a reference to the Under 
Secretary. 
(m) RECOMMENDED LEGISLATION.—Not later than 
180 days after the effective date of this title, the Under 
Secretary, in consultation with the appropriate committees 
VerDate Mar 15 2010 
04:56 Feb 05, 2013
Jkt 029200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H409.IH
H409
smartinez on DSK6TPTVN1PROD with BILLS
of Congress and the Director of the Office of Management 
and Budget, shall submit to Congress any recommenda-
tions relating to additional technical and conforming 
amendments to Federal law to reflect the changes made 
by this section. 
(n) EFFECT OF SECTION.— 
(1) CONTINUING
EFFECT
OF
LEGAL
DOCU-
MENTS.—Any legal document relating to a function 
transferred by this section that is in effect on the 
date of enactment of this Act shall continue in effect 
in accordance with the terms of the document until 
the document is modified or terminated by— 
(A) the President; 
(B) the Under Secretary; 
(C) a court of competent jurisdiction; or 
(D) operation of Federal or State law. 
(2) PROCEEDINGS NOT AFFECTED.—This sec-
tion shall not affect any proceeding (including a no-
tice of proposed rulemaking, an administrative pro-
ceeding, and an application for a license, permit, 
certificate, or financial assistance) relating to a 
function transferred under this section that is pend-
ing before the Assistant Secretary on the date of en-
actment of this Act. 
VerDate Mar 15 2010 
04:56 Feb 05, 2013
Jkt 029200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H409.IH
H409
smartinez on DSK6TPTVN1PROD with BILLS
SEC. 305. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN IN-
DIANS. 
(a) TERMINATION.—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. 
(b) TRANSFER OF FUNCTIONS.—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. 
(c) DETERMINATIONS OF CERTAIN FUNCTIONS BY 
THE OFFICE OF MANAGEMENT AND BUDGET.—If nec-
essary, the Office of Management and Budget shall make 
any determination relating to the functions transferred 
under subsection (b). 
(d) PERSONNEL PROVISIONS.— 
(1) APPOINTMENTS.—The Under Secretary 
may appoint and fix the compensation of such offi-
cers and employees as the Under Secretary deter-
mines to be necessary to carry out any function 
transferred under this section. 
(2) REQUIREMENTS.—Except as otherwise pro-
vided by law— 
VerDate Mar 15 2010 
04:56 Feb 05, 2013
Jkt 029200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H409.IH
H409
smartinez on DSK6TPTVN1PROD with BILLS
(A) any officer or employee described in 
paragraph (1) shall be appointed in accordance 
with the civil service laws; and 
(B) the compensation of such an officer or 
employee shall be fixed in accordance with title 
5, United States Code. 
(e) DELEGATION AND ASSIGNMENT.— 
(1) IN
GENERAL.—Except as otherwise ex-
pressly prohibited by law or otherwise provided by 
this section, the Under Secretary may— 
(A) delegate any of the functions trans-
ferred to the Under Secretary under this sec-
tion 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 des-
ignate; and 
(B) authorize successive redelegations of 
the functions as are necessary or appropriate. 
(2) DELEGATION.—No delegation of functions 
by the Under Secretary under this section shall re-
lieve the Under Secretary of responsibility for the 
administration of the functions. 
(f) REORGANIZATION.—The Under Secretary may al-
locate or reallocate any function transferred under sub-
VerDate Mar 15 2010 
04:56 Feb 05, 2013
Jkt 029200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H409.IH
H409
smartinez on DSK6TPTVN1PROD with BILLS
section (b) among the officers of the Office, and establish, 
consolidate, alter, or discontinue such organizational enti-
ties in the Office as the Under Secretary determines to 
be necessary or appropriate. 
(g) RULES.—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 appro-
priate to administer and manage the functions of the Of-
fice. 
(h) TRANSFER AND ALLOCATIONS OF APPROPRIA-
TIONS AND PERSONNEL.—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, al-
locations, 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. 
(i) INCIDENTAL TRANSFERS.— 
(1) IN GENERAL.—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 
VerDate Mar 15 2010 
04:56 Feb 05, 2013
Jkt 029200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H409.IH
H409
smartinez on DSK6TPTVN1PROD with BILLS
by this section, and make such additional incidental 
dispositions of personnel, assets, liabilities, grants, 
contracts, property, records, and unexpended bal-
ances 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. 
(2) TERMINATION OF AFFAIRS.—The Director 
of the Office of Management and Budget shall pro-
vide for the termination of the affairs of all entities 
terminated by this section and for any further meas-
ures and dispositions as are necessary to effectuate 
the purposes of this section. 
(j) EFFECT ON PERSONNEL.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided by this section, the transfer pursuant to this 
section of full-time personnel (except special Govern-
ment employees) and part-time personnel holding 
permanent positions shall not cause any such em-
ployee to be separated or reduced in grade or com-
pensation for a period of at least 1 year after the 
date of transfer of the employee under this section. 
(2) EXECUTIVE SCHEDULE POSITIONS.—Except 
as otherwise provided in this section, any person 
who, on the day preceding the effective date of this 
VerDate Mar 15 2010 
04:56 Feb 05, 2013
Jkt 029200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H409.IH
H409
smartinez on DSK6TPTVN1PROD with BILLS
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 per-
formed 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. 
(3) TERMINATION
OF
CERTAIN
POSITIONS.— 
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 trans-
ferred by this title, shall terminate on the effective 
date of this section. 
(k) SEPARABILITY.—If a provision of this section or 
the application of this section to any person or cir-
cumstance is held invalid, neither the remainder of this 
section nor the application of the provision to other per-
sons or circumstances shall be affected. 
(l) TRANSITION.—The Under Secretary may use— 
(1) the services of the officers, employees, and 
other personnel of the Special Trustee relating to 
VerDate Mar 15 2010 
04:56 Feb 05, 2013
Jkt 029200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H409.IH
H409
smartinez on DSK6TPTVN1PROD with BILLS
functions transferred to the Office by this section; 
and 
(2) funds appropriated to those functions for 
such period of time as may reasonably be needed to 
facilitate the orderly implementation of this section. 
(m) REFERENCES.—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. 
(n) RECOMMENDED LEGISLATION.—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 recommenda-
tions relating to additional technical and conforming 
amendments to Federal law to reflect the changes made 
by this section. 
(o) EFFECT OF SECTION.— 
(1) CONTINUING
EFFECT
OF
LEGAL
DOCU-
MENTS.—Any legal document relating to a function 
transferred by this section that is in effect on the ef-
fective date of this section shall continue in effect in 
accordance with the terms of the document until the 
document is modified or terminated by— 
VerDate Mar 15 2010 
04:56 Feb 05, 2013
Jkt 029200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H409.IH
H409
smartinez on DSK6TPTVN1PROD with BILLS
(A) the President; 
(B) the Under Secretary; 
(C) a court of competent jurisdiction; or 
(D) operation of Federal or State law. 
(2) PROCEEDINGS NOT AFFECTED.—This sec-
tion shall not affect any proceeding (including a no-
tice of proposed rulemaking, an administrative pro-
ceeding, and an application for a license, permit, 
certificate, or financial assistance) relating to a 
function transferred under this section that is pend-
ing before the Special Trustee on the effective date 
of this section. 
(p) EFFECTIVE DATE.—This section shall take effect 
on April 1, 2014, or 180 days following enactment of this 
Act into law, whichever is earlier. 
SEC. 306. COST SAVINGS RECOMMENDATIONS. 
(a) COST SAVINGS IDENTIFICATION.—Within 60 
days of the effective date in section 305(p), the Under Sec-
retary shall initiate procedures to— 
(1) identify the programs, functions, services, 
and activities (or any portions of programs, func-
tions, services, or activities) that will not have to op-
erate or carry out as a result of any transfer of 
functions and personnel under section 305; 
VerDate Mar 15 2010 
04:56 Feb 05, 2013
Jkt 029200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H409.IH
H409
smartinez on DSK6TPTVN1PROD with BILLS
(2) identify the amounts that the Secretary 
would have otherwise expended to operate or carry 
out each program, function, service, and activity (or 
any portion of a program, function, service, or activ-
ity) identified pursuant to paragraph (1); and 
(3) provide to the Secretary and the tribal rep-
resentatives of the Tribal/Interior Budget Council, 
within 120 days of the effective date in section 
305(p), a list of the programs, functions, services, 
and activities (or any portions of programs, func-
tions, services, or activities) identified pursuant 
paragraph (1) and the amounts associated with each 
program, function, service, and activity (or any por-
tion of a program, function, service, or activity) 
identified pursuant to paragraph (2). 
(b) TRIBAL RECOMMENDATIONS.—Within 120 days 
of receipt of the information in subsection (a)(3), the trib-
al representatives of the Tribal/Interior Budget Council 
may provide recommendations to the Secretary and the 
Office of Management and Budget on how any amounts 
or cost savings should be reallocated and/or incorporated 
into future budget requests. 
SEC. 307. HIRING PREFERENCE. 
In appointing or otherwise hiring any employee to the 
Office, the Under Secretary shall give preference to Indi-
VerDate Mar 15 2010 
04:56 Feb 05, 2013
Jkt 029200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H409.IH
H409
smartinez on DSK6TPTVN1PROD with BILLS
ans in accordance with section 12 of the Act of June 8, 
1934 (25 U.S.C. 472). 
Æ 
VerDate Mar 15 2010 
04:56 Feb 05, 2013
Jkt 029200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6301
E:\BILLS\H409.IH
H409
smartinez on DSK6TPTVN1PROD with BILLS