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— 
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(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-
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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 
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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 
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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 
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