In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flexibility for Individual 
Excellence in Education Act of 2007''.

SEC. 2. MODIFICATION TO AMENDMENTS MADE BY NO CHILD LEFT BEHIND ACT OF 
              2001.

    (a) Modifications to Highly Qualified Teacher Standard.--
            (1) Middle or secondary teachers new to profession may use 
        college minor.--Subclause (II) of section 9101(23)(B)(ii) of 
        the Elementary and Secondary School Act of 1965 (20 U.S.C. 
        7801(23)(B)(ii)) is amended by inserting ``or minor'' after 
        ``academic major''.
            (2) Extent time teaching is considered.--Subclause (V) of 
        section 9101(23)(C)(ii) of such Act (20 U.S.C. 7801(23)(C)(ii)) 
        is amended by striking ``not be based primarily on'' and 
        inserting ``not be based solely on''.
    (b) Extension Until 2011-12 School Year for Rural Schools To Meet 
All Highly Qualified Teacher Standards; Additional $50 Million 
Authorized To Help Rural Schools Meet Standards.--
            (1) Extension.--Subsection (a) of section 1119 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) 
        is amended by adding at the end the following new paragraph:
            ``(4) Rural school districts.--
                    ``(A) In general.--Notwithstanding the deadline 
                described in paragraphs (2) and (3), a plan developed 
                by a State educational agency or a local educational 
                agency under this subsection shall ensure that all 
                teachers who are described in such paragraphs, but are 
                teaching in a rural school district, are highly 
                qualified not later than the end of the 2011-2012 
                school year.
                    ``(B) Definition.--For purposes of this paragraph, 
                the term `rural school district' means a local 
                educational agency that--
                            ``(i) meets the eligibility criteria 
                        described in section 6211(b), including by 
                        obtaining a waiver under paragraph (2) of such 
                        section; and
                            ``(ii) employs a percentage of teachers who 
                        are not highly qualified that is higher than 
                        the corresponding percentage for the State 
                        involved.''.
            (2) Additional funding.--Section 6234 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7355c) is amended--
                    (A) by striking ``There are'' and inserting ``(a) 
                In General.--There are''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Additional Funding.--For the purpose of making grants under 
subpart 2 to be used for teacher recruitment, retention, and 
professional development activities described in section 6222(a) in 
rural school districts (as defined in section 1119(a)(4)), there are 
authorized to be appropriated $50,000,000 for fiscal year 2008 and such 
sums as may be necessary for each of the 4 following fiscal years. Such 
authorization shall be in addition to the authorization in subsection 
(a).''.
    (c) Highly Qualified Teacher Rules Limited to Teachers of Core 
Subjects.--
            (1) Title I of the Elementary and Secondary Education Act 
        of 1965 is amended by adding at the end the following new 
        section:

``SEC. 1005. HIGHLY QUALIFIED TEACHER CONCEPT LIMITED TO TEACHERS OF 
              CORE SUBJECTS.

    ``Notwithstanding any other provision of this Act, any reference in 
this Act to highly qualified teachers shall be deemed to refer only to 
teachers in core subjects.''.
            (2) The table of contents of such Act is amended by 
        inserting after the item relating to section 1004 the following 
        new item:

``Sec. 1005. Highly qualified teacher concept limited to teachers of 
                            core subjects.''.
    (d) Students With Disabilities Assessed at the Level of Instruction 
in Compliance With Their Individualized Education Plan.--Clause (ix) of 
section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(b)(3)(C)) is amended by striking ``and'' at the 
end of subclause (II), by adding ``and'' at the end of subclause (III), 
and by adding at the end the following new subclause:
                                    ``(IV) at the discretion of the 
                                State, the assessment of students with 
                                disabilities (as defined in section 
                                602(3) of the Individuals with 
                                Disabilities Education Act) whose 
                                instructional level in the core 
                                academic subjects is below the grade 
                                level in which the student is enrolled, 
                                by using the State assessment 
                                determined by the student's 
                                individualized education program team 
                                (as described in section 614(d)(1)(B) 
                                of such Act) to most closely correspond 
                                to the student's instructional 
                                level;''.
    (e) Use of Growth Models and Multiple Measures in Determining 
Adequate Yearly Progress.--
            (1) Growth models.--Clause (iii) of section 1111(b)(2)(C) 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6311(b)(2)(C)) is amended by striking ``for all 
        students'' and inserting ``for all students, as demonstrated by 
        measures of students' progress toward proficiency, including 
        longitudinal growth''.
            (2) Multiple measures.--Subparagraph (A) of section 
        1111(b)(2) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6311(b)(2)) is amended by striking ``and'' at 
        the end of clause (ii), by striking the period at the end of 
        clause (iii) and inserting ``; and'', and by adding at the end 
        the following new clause:
                            ``(iv) include multiple measures of student 
                        academic achievement, such as the proportion of 
                        State report card indicators met, a performance 
                        index score, student drop-out rate, and a 
                        measure based on individual student achievement 
                        gains over time, disaggregated by each of the 
                        groups of students described in subparagraph 
                        (C)(v).''.
    (f) Adequate Yearly Progress Determined by Group and Subject.--
            (1) Identification of schools in need of improvement.--
                    (A) Subparagraph (A) of section 1116(b)(1) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6316(b)(1)) is amended by striking ``that 
                fails'' and inserting ``if the same group of students 
                described in section 1111(b)(2)(C)(v) fails in the same 
                academic subject''.
                    (B) Subparagraph (C) of such section is amended by 
                striking ``almost every student in each group specified 
                in section 1111(b)(2)(C)(v) enrolled in such school is 
                meeting or exceeding the State's proficient level of 
                academic achievement'' and inserting ``almost every 
                student in each group enrolled in such school for which 
                there is such a failure in an academic subject is 
                meeting or exceeding the State's proficient level of 
                academic achievement in such subject''.
            (2) Failure to make adequate yearly progress during first 
        year after identification.--So much of the text of paragraph 
        (5) of section 1116(b) of such Act as precedes subparagraph (A) 
        is amended to read as follows: ``If, by the end of the first 
        full school year after identification under paragraph (1) of a 
        school served under this part, any group of students that met 
        the requirements for such identification in an academic subject 
        fails to make adequate yearly progress in such subject, as set 
        out in the State's plan under section 1111(b)(2), the local 
        educational agency serving such school--''.
            (3) Failure to make adequate yearly progress during second 
        year after identification.--So much of the text of subparagraph 
        (C) of section 1116(b)(7) of such Act as precedes clause (i) is 
        amended to read as follows: ``If, by the end of the second full 
        school year after identification under paragraph (1) of a 
        school served under this part, any group of students that met 
        the requirements for such identification in an academic subject 
        fails to make adequate yearly progress in such subject, as set 
        out in the State's plan under section 1111(b)(2), the local 
        educational agency shall--''.
            (4) Failure to make adequate yearly progress during first 
        year after corrective action.--So much of the text of 
        subparagraph (A) of section 1116(b)(8) of such Act as precedes 
        clause (i) is amended to read as follows: ``If, after 1 full 
        year of corrective action under paragraph (7), any group of 
        students (at the school subject to such corrective action) that 
        met the requirements for identification under paragraph (1) in 
        an academic subject continues to fail to make adequate yearly 
        progress in such subject, then the local educational agency 
        shall--''.
    (g) Needs Improvement Label To Be Group and Subject Specific.--
Subparagraph (A) of section 1116(b)(1) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6316(b)(1)) is amended by adding at 
the end the following new sentence: ``Such identification shall apply 
only to each group and subject with respect to which there is such a 
failure.''
    (h) Parental Notification of Needs Improvement To Be Group and 
Subject Specific.--Paragraph (6) of section 1116(b) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) is amended by 
striking ``of each student enrolled in an elementary school or a 
secondary school identified for school improvement under paragraph 
(1)'' and inserting ``of each student in each group of students that 
met the requirements for identification in an academic subject under 
paragraph (1)''.
    (i) Transfer Option and Supplemental Services Limited to Students 
From Failing Groups.--
            (1) Clause (i) of section 1116(b)(1)(E) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)(E)) 
        is amended by inserting ``in each group described in section 
        1111(b)(2)(C)(v) that met the requirements for such 
        identification'' after ``all students''.
            (2) Paragraphs (5)(A), (7)(C)(i), and (8)(A)(i) of section 
        1116(b) of such Act are each amended by inserting ``in such 
        group'' after ``all students''.
    (j) Local Educational Agencies May Choose To Offer Supplemental 
Educational Services, and Not Public School Choice, on Initial Failure 
To Make Adequate Yearly Progress.--
            (1) In general.--Subparagraph (E) of section 1116(b)(1) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6316(b)(1)) is amended to read as follows:
                    ``(E) Public school choice or supplemental 
                educational services.--In the case of a school 
                identified for school improvement under this paragraph, 
                the local educational agency shall, not later than the 
                first day of the school year following such 
                identification--
                            ``(i) provide all students in each group 
                        described in section 1111(b)(2)(C)(v) that met 
                        the requirements for such identification (and 
                        who are enrolled in the school) with the option 
                        to transfer to another public school served by 
                        the local educational agency, which may include 
                        a public charter school, that has not been 
                        identified for school improvement under this 
                        paragraph, unless such an option is prohibited 
                        by State law, or
                            ``(ii) make supplemental educational 
                        services available consistent with subsection 
                        (e)(1) to students in such group in the 
                        academic subject to which such identification 
                        relates.
                If more than 1 school served by such agency is 
                identified for school improvement under this paragraph 
                or more than 1 group of students meets the requirements 
                for such identification, such agency shall make the 
                same choice under clause (i) or (ii) for all such 
                schools and all such groups.''.
            (2) Conforming amendment.--Paragraph (5) of section 1116(b) 
        of such Act is amended to read as follows:
            ``(5) Failure to make adequate yearly progress after 
        identification.--If, by the end of the first full school year 
        after identification under paragraph (1) of a school served 
        under this part, any group of students that met the 
        requirements for such identification in an academic subject 
        fails to make adequate yearly progress in such subject, as set 
        out in the State's plan under section 1111(b)(2), the local 
        educational agency serving such school--
                    ``(A) shall continue to provide the transfer option 
                under clause (i) of paragraph (1)(E) or to make the 
                supplemental educational services available under 
                clause (ii) of such paragraph, whichever was chosen by 
                such agency,
                    ``(B) shall provide the transfer option under such 
                clause (i) or to make the supplemental educational 
                services available under such clause (ii), whichever 
                was not chosen by such agency under such paragraph; and
                    ``(C) shall continue to provide technical 
                assistance.''.
[EX A]: Flexibility for Individual Excellence in Education Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to alter the requirement that teachers be highly qualified by: (1) applying it only to teachers of core subjects; (2) allowing new middle or secondary school teachers to teach subjects for which they earned a college minor; (3) allowing greater consideration to be given to the time experienced teachers have spent teaching a subject; and (4) extending the deadline for rural teachers to meet such requirements.

Provides additional funding for rural teacher recruitment, retention, and professional development activities.

Allows state determinations of students' adequate yearly progress (AYP) toward state academic performance standards to: (1) assess disabled students at the instructional level most closely corresponding to their individualized education plans; and (2) use growth models and multiple measures of student achievement.

Requires local educational agencies (LEAs) to identify schools as needing improvement, corrective action, or restructuring only if they fail to make AYP in the same subject for the same group of students over the requisite period of time. Provides school transfers and supplemental services to students in the failing group, rather than to all students in an affected school. Gives LEAs the option of providing such students with supplemental services rather than transfers for the year following a school's identification as needing improvement.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Research on Human Fetal Tissue 
Amendments of 1993''.

SEC. 2. ESTABLISHMENT OF AUTHORITIES AND PROTECTIONS REGARDING 
              TRANSPLANTATION OF HUMAN FETAL TISSUE.

    Part G of title IV of the Public Health Service Act (42 U.S.C. 289 
et seq.) is amended by inserting after section 498 the following new 
section:

             ``research on transplantation of fetal tissue

    ``Sec. 498A. (a) Establishment of Program.--
            ``(1) In general.--The Secretary may conduct or support 
        research on the transplantation of human fetal tissue for 
        therapeutic purposes.
            ``(2) Source of tissue.--Human fetal tissue may be used in 
        research carried out under paragraph (1) regardless of whether 
        the tissue is obtained pursuant to a spontaneous or induced 
        abortion or pursuant to a stillbirth.
    ``(b) Informed Consent of Donor.--
            ``(1) In general.--In research carried out under subsection 
        (a), human fetal tissue may be used only if the woman providing 
        the tissue makes a statement, made in writing and signed by the 
        woman, declaring that--
                    ``(A) the woman donates the fetal tissue for use in 
                research described in subsection (a);
                    ``(B) the donation is made without any restriction 
                regarding the identity of individuals who may be the 
                recipients of transplantations of the tissue; and
                    ``(C) the woman has not been informed of the 
                identity of any such individuals.
            ``(2) Additional statement.--In research carried out under 
        subsection (a), human fetal tissue may be used only if the 
        attending physician with respect to obtaining the tissue from 
        the woman involved makes a statement, made in writing and 
        signed by the physician, declaring that--
                    ``(A) in the case of tissue obtained pursuant to an 
                induced abortion--
                            ``(i) the consent of the woman for the 
                        abortion was obtained prior to requesting or 
                        obtaining consent for the tissue to be used in 
                        such research; and
                            ``(ii) no alteration of the timing, method, 
                        or procedures used to terminate the pregnancy 
                        was made solely for the purposes of obtaining 
                        the tissue;
                    ``(B) the tissue has been donated by the woman in 
                accordance with paragraph (1); and
                    ``(C) full disclosure has been provided to the 
                woman with regard to--
                            ``(i) such physician's interest, if any, in 
                        the research to be conducted with the tissue; 
                        and
                            ``(ii) any known medical risks to the woman 
                        or risks to her privacy that might be 
                        associated with the donation of the tissue and 
                        that are in addition to risks of such type that 
                        are associated with the woman's medical care.
    ``(c) Informed Consent of Researcher and Donee.--In research 
carried out under subsection (a), human fetal tissue may be used only 
if the individual with the principal responsibility for conducting the 
research involved makes a statement, made in writing and signed by the 
individual, declaring that the individual--
            ``(1) is aware that--
                    ``(A) the tissue is human fetal tissue;
                    ``(B) the tissue may have been obtained pursuant to 
                a spontaneous or induced abortion or subsequent to a 
                stillbirth; and
                    ``(C) the tissue was donated for research purposes;
            ``(2) has provided such information to other individuals 
        with responsibilities regarding the research;
            ``(3) will require, prior to obtaining the consent of an 
        individual to be a recipient of a transplantation of the 
        tissue, written acknowledgment of receipt of such information 
        by such recipient; and
            ``(4) has had no part in any decisions as to the timing, 
        method, or procedures used to terminate the pregnancy made 
        solely for the purposes of the research.
    ``(d) Availability of Statements for Audit.--
            ``(1) In general.--In research carried out under subsection 
        (a), human fetal tissue may be used only if the head of the 
        agency or other entity conducting the research involved 
        certifies to the Secretary that the statements required under 
        subsections (b)(2) and (c) will be available for audit by the 
        Secretary.
            ``(2) Confidentiality of audit.--Any audit conducted by the 
        Secretary pursuant to paragraph (1) shall be conducted in a 
        confidential manner to protect the privacy rights of the 
        individuals and entities involved in such research, including 
        such individuals and entities involved in the donation, 
        transfer, receipt, or transplantation of human fetal tissue. 
        With respect to any material or information obtained pursuant 
        to such audit, the Secretary shall--
                    ``(A) use such material or information only for the 
                purposes of verifying compliance with the requirements 
                of this section;
                    ``(B) not disclose or publish such material or 
                information, except where required by Federal law, in 
                which case such material or information shall be coded 
                in a manner such that the identities of such 
                individuals and entities are protected; and
                    ``(C) not maintain such material or information 
                after completion of such audit, except where necessary 
                for the purposes of such audit.
    ``(e) Applicability of State and Local Law.--
            ``(1) Research conducted by recipients of assistance.--The 
        Secretary may not provide support for research under subsection 
        (a) unless the applicant for the financial assistance involved 
        agrees to conduct the research in accordance with applicable 
        State and local law.
            ``(2) Research conducted by secretary.--The Secretary may 
        conduct research under subsection (a) only in accordance with 
        applicable State and local law.
    ``(f) Definition.--For purposes of this section, the term `human 
fetal tissue' means tissue or cells obtained from a dead human embryo 
or fetus after a spontaneous or induced abortion, or after a 
stillbirth.''.

SEC. 3. PURCHASE OF HUMAN FETAL TISSUE; SOLICITATION OR ACCEPTANCE OF 
              TISSUE AS DIRECTED DONATION FOR USE IN TRANSPLANTATION.

    Part G of title IV of the Public Health Service Act, as amended by 
section 2 of this Act, is amended by inserting after section 498A the 
following new section:

              ``prohibitions regarding human fetal tissue

    ``Sec. 498B. (a) Purchase of Tissue.--It shall be unlawful for any 
person to knowingly acquire, receive, or otherwise transfer any human 
fetal tissue for valuable consideration if the transfer affects 
interstate commerce.
    ``(b) Solicitation or Acceptance of Tissue as Directed Donation for 
Use in Transplantation.--It shall be unlawful for any person to solicit 
or knowingly acquire, receive, or accept a donation of human fetal 
tissue for the purpose of transplantation of such tissue into another 
person if the donation affects interstate commerce, the tissue will be 
or is obtained pursuant to an induced abortion, and--
            ``(1) the donation will be or is made pursuant to a promise 
        to the donating individual that the donated tissue will be 
        transplanted into a recipient specified by such individual;
            ``(2) the donated tissue will be transplanted into a 
        relative of the donating individual; or
            ``(3) the person who solicits or knowingly acquires, 
        receives, or accepts the donation has provided valuable 
        consideration for the costs associated with such abortion.
    ``(c) Criminal Penalties for Violations.--
            ``(1) In general.--Any person who violates subsection (a) 
        or (b) shall be fined in accordance with title 18, United 
        States Code, subject to paragraph (2), or imprisoned for not 
        more than 10 years, or both.
            ``(2) Penalties applicable to persons receiving 
        consideration.--With respect to the imposition of a fine under 
        paragraph (1), if the person involved violates subsection (a) 
        or (b)(3), a fine shall be imposed in an amount not less than 
        twice the amount of the valuable consideration received.
    ``(d) Definitions.--For purposes of this section:
            ``(1) The term `human fetal tissue' has the meaning given 
        such term in section 498A(f).
            ``(2) The term `interstate commerce' has the meaning given 
        such term in section 201(b) of the Federal Food, Drug, and 
        Cosmetic Act.
            ``(3) The term `valuable consideration' does not include 
        reasonable payments associated with the transportation, 
        implantation, processing, preservation, quality control, or 
        storage of human fetal tissue.''.

SEC. 4. REPORT BY GENERAL ACCOUNTING OFFICE ON ADEQUACY OF PROTECTIONS.

    (a) In General.--With respect to research on the transplantation of 
human fetal tissue for therapeutic purposes, the Comptroller General of 
the United States shall conduct an audit for the purpose of 
determining--
            (1) whether and to what extent such research conducted or 
        supported by the Secretary of Health and Human Services has 
        been conducted in accordance with section 498A of the Public 
        Health Service Act (as added by section 2 of this Act); and
            (2) whether and to what extent there have been violations 
        of section 498B of such Act (as added by section 3 of this 
        Act).
    (b) Report.--Not later than May 19, 1995, the Comptroller General 
of the United States shall complete the audit required in subsection 
(a) and submit to the Congress a report describing the findings made 
pursuant to the audit.
[EX A]: Research on Human Fetal Tissue Amendments of 1993 - Amends the Public Health Service Act to authorize and regulate research on human fetal tissue transplantation without regard to whether the tissue is obtained after a spontaneous or induced abortion or a stillbirth in accordance with State law. 
Imposes criminal penalties for:  (1) transferring such tissue for valuable consideration affecting interstate commerce; or (2) soliciting or receiving a directed donation.

[EX Q]: SECTION 1. NATIONAL COMMISSION ON AMERICAN INDIAN TRUST HOLDINGS.

    (a) Findings.--Congress finds that--
            (1) the United States has entered into treaties with Indian 
        tribes under which the United States made various commitments 
        to Indian tribes and Indian people;
            (2) the United States functions, by treaty and statute, as 
        a trustee for Indian tribes and individual Indians;
            (3) the United States has a fiduciary obligation to Indian 
        tribes and Indian people and, in accordance with that 
        obligation, must use the highest standard of care to protect 
        the assets of Indian tribes and individual Indians;
            (4) the United States has failed Indian tribes and 
        individual Indians and abridged its treaty and other 
        obligations relating to the handling of trust fund management 
        and historical accounting;
            (5) mismanagement of Indian trust assets by the United 
        States is a longstanding problem that spans many 
        administrations;
            (6) the complexity and longevity of that mismanagement 
        neither mitigates the injustice visited on Indian tribes and 
        the 300,000 individual Native Americans whose accounts have 
        been shortchanged nor absolves the United States of its 
        responsibility to correct the situation in a timely manner;
            (7) in 1996 a civil action, Cobell v. Norton, Civ. No. 96-
        1285 (RCL), was brought in the United States District Court for 
        the District of Columbia to attempt to obtain an order 
        compelling the United States to account for the trust funds 
        managed by the United States on behalf of individual Indians 
        and take all necessary action to bring the United States into 
        compliance with its fiduciary duties;
            (8) those funds are generated from Indian trust land 
        royalties resulting from leases of that land to oil, 
        agricultural, timber, mining, and other interests;
            (9) on April 5, 2004, Mr. Alan L. Balaran, the Special 
        Master in the Cobell case, tendered his resignation to the 
        Honorable Royce C. Lamberth;
            (10) in his letter of resignation, Mr. Balaran stated 
        that--
                    (A) there is evidence that energy companies, 
                assisted by the Department of the Interior, routinely 
                pay individual Indians much less than they pay non-
                Indians for oil and gas pipeline easements;
                    (B) the Special Master had uncovered evidence that 
                the Department fails to diligently monitor oil and gas 
                leasing activities on Indian land; and
                    (C) there is evidence that the Department has been 
                putting the interests of private energy companies ahead 
                of the interests of individual Indian beneficiaries, 
                notwithstanding their fiduciary obligation to Indian 
                tribes and Indian beneficiaries; and
            (11) the Great Plains, Rocky Mountain, and other regions of 
        the United States are rich in other trust assets such as 
        timber, agriculture, mining, and other resources.
    (b) Definitions.--In this section:
            (1) Balaran letter.--The term ``Balaran letter'' means the 
        letter dated April 5, 2004, from Special Master Alan L. Balaran 
        to the Honorable Royce C. Lamberth.
            (2) Commission.--The term ``Commission'' means the National 
        Commission on American Indian Trust Holdings established by 
        subsection (c).
            (3) Department.--The term ``Department'' means the 
        Department of the Interior.
    (c) Establishment of Commission.--There is established the National 
Commission on American Indian Trust Holdings.
    (d) Membership.--
            (1) In general.--The Commission shall be composed of 10 
        members, of whom--
                    (A) 2 shall be appointed by the President, 1 of 
                whom the President shall designate as Chairperson of 
                the Commission;
                    (B) 2 shall be appointed by the majority leader of 
                the Senate;
                    (C) 2 shall be appointed by the minority leader of 
                the Senate;
                    (D) 2 shall be appointed by the Speaker of the 
                House of Representatives; and
                    (E) 2 shall be appointed by the minority leader of 
                the House of Representatives.
            (2) Qualifications; initial meeting.--
                    (A) Nongovernmental appointees.--An individual 
                appointed to the Commission may not be an officer or 
                employee of the Federal Government or any State or 
                local government.
                    (B) Other qualifications.--It is the sense of 
                Congress that individuals appointed to the Commission 
                should be prominent United States citizens, with 
                national recognition and significant depth of 
                experience in such professions as land and resource 
                management.
            (3) Deadline for appointment.--All members of the 
        Commission shall be appointed not later than 60 days after the 
        date of enactment of this Act.
            (4) Quorum.--Six members of the Commission shall constitute 
        a quorum.
            (5) Vacancies.--Any vacancy in the Commission shall not 
        affect the powers of the Commission, but shall be filled in the 
        same manner in which the original appointment was made.
    (e) Duties.--
            (1) In general.--The Commission shall--
                    (A) fully examine the allegations made in the 
                Balaran letter;
                    (B) fully examine whether grazing, leasing, and 
                other trust asset interests have been managed equitably 
                and in a manner consistent with Federal trust law 
                (including regulations);
                    (C) fully examine such other alleged breaches of 
                the fiduciary responsibility owed by the United States 
                to Indian tribes and individual Indians that come to 
                the Commission's attention as the Commission considers 
                appropriate;
                    (D) build on the investigations of other entities, 
                and avoid unnecessary duplication, by reviewing the 
                findings, conclusions, and recommendations of earlier 
                studies of the management by the Department of Indian 
                trust assets and trust funds; and
                    (E) not later than 1 year after the date as of 
                which all members of the Commission have been 
                appointed, submit to the President and Congress a 
                report that states the findings of the Commission and 
                makes recommendations for corrective measures that can 
                be taken to--
                            (i) recoup any losses suffered by Indian 
                        tribes or individual Indians as a result of 
                        breaches of fiduciary duty by the Department; 
                        or
                            (ii) prevent any breaches of fiduciary duty 
                        in the future.
            (2) Relationship to previous studies.--When investigating 
        facts and circumstances relating to the management of Indian 
        trust assets and trust funds, the Commission shall--
                    (A) first review the information compiled by, and 
                the findings, conclusions, and recommendations that 
                resulted from, previous studies (including 
                congressional investigations); and
                    (B) after that review, pursue any appropriate area 
                of inquiry if the Commission determines that--
                            (i) earlier studies had not investigated 
                        that area;
                            (ii) the earlier investigation of that area 
                        had not been complete; or
                            (iii) new information not reviewed in the 
                        earlier studies had become available with 
                        respect to that area.
            (3) Followup review.--At least once every 2 years after the 
        date on which the Commission submits the report under paragraph 
        (1), the Commission shall--
                    (A) reconvene to examine the effectiveness of any 
                actions taken in response to the report in achieving 
                the goals described in clauses (i) and (ii) of 
                paragraph (1)(D); and
                    (B) submit to the President and Congress a report 
                that describes the findings of the Commission and makes 
                any further recommendations as the Commission considers 
                appropriate.
    (f) Powers of Commission.--
            (1) In general.--
                    (A) Hearings and evidence.--The Commission may--
                            (i) hold such hearings and sit and act at 
                        such times and places, take such testimony, 
                        receive such evidence, and administer such 
                        oaths as the Commission considers advisable to 
                        carry out this section; and
                            (ii) subject to subparagraph (B)(i), 
                        require, by subpoena or otherwise, the 
                        attendance and testimony of such witnesses and 
                        the production of such books, records, 
                        correspondence, memoranda, papers, and 
                        documents, as the Commission or such designated 
                        subcommittee or designated member may determine 
                        advisable.
                    (B) Subpoenas.--
                            (i) Issuance.--
                                    (I) In general.--A subpoena may be 
                                issued under this subsection only--
                                            (aa) by the agreement of 
                                        the Chairperson; or
                                            (bb) by the affirmative 
                                        vote of 6 members of the 
                                        Commission.
                                    (II) Signature.--Subject to 
                                subclause (I), subpoenas issued under 
                                this subsection may be issued under the 
                                signature of the Chairperson or any 
                                member designated by a majority of the 
                                Commission, and may be served by any 
                                person designated by the Chairperson or 
                                by a member designated by a majority of 
                                the Commission.
                            (ii) Enforcement.--
                                    (I) In general.--In the case of 
                                contumacy or failure to obey a subpoena 
                                issued under subparagraph (A), the 
                                United States district court for the 
                                judicial district in which the 
                                subpoenaed person resides, is served, 
                                or may be found, or where the subpoena 
                                is returnable, may issue an order 
                                requiring such person to appear at any 
                                designated place to testify or to 
                                produce documentary or other evidence. 
                                Any failure to obey the order of the 
                                court may be punished by the court as a 
                                contempt of that court.
                                    (II) Additional enforcement.--In 
                                the case of any failure of any witness 
                                to comply with any subpoena or to 
                                testify when summoned under authority 
of this section, the Commission may, by majority vote, certify a 
statement of fact constituting such failure to the appropriate United 
States attorney, who may bring the matter before the grand jury for its 
action, under the same statutory authority and procedures as if the 
United States attorney had received a certification under sections 102 
through 104 of the Revised Statutes (2 U.S.C. 192 through 194).
            (2) Contracting.--The Commission may, to such extent and in 
        such amounts as are provided in Acts of appropriation, enter 
        into contracts to enable the Commission to discharge the duties 
        of the Commission.
            (3) Information from federal agencies.--
                    (A) In general.--The Commission may secure directly 
                from a Federal agency such information as the 
                Commission considers necessary to carry out this 
                section.
                    (B) Provision of information.--On request of the 
                Chairperson of the Commission, the head of the agency 
                shall provide the information to the Commission.
            (4) Assistance from the secretary of the interior.--The 
        Secretary of the Interior shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the functions of the Commission.
            (5) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other agencies of the United States.
    (g) Personnel Matters.--
            (1) Compensation of members.--A member of the Commission 
        who is not an officer or employee of the Federal Government 
        shall be compensated at a rate equal to the daily equivalent 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.
            (2) Travel expenses.--A member of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized 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 director.--The 
                employment of an executive director shall be subject to 
                confirmation by the Commission.
                    (C) Compensation.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Chairperson of the Commission 
                        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 Schedule under section 5316 of 
                        title 5, United States Code.
            (4) Detail of federal government employees.--
                    (A) In general.--An employee of the Federal 
                Government may be detailed to the Commission without 
                reimbursement.
                    (B) Civil service status.--The detail of the 
                employee shall be without interruption or loss of civil 
                service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairperson of the Commission may procure temporary and 
        intermittent services in accordance with section 3109(b) of 
        title 5, United States Code, at rates for individuals that do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.
    (h) No Effect on Cobell Case.--Nothing in this section limits the 
findings, remedies, jurisdiction, authority, or discretion of the court 
in the civil action Cobell v. Norton, Civ. No. 96-1285 (RCL) (D.D.C.).
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
    (j) Termination of Commission.--The Commission shall terminate on 
the date that is 10 years after the date on which the Commission 
submits the report of the Commission under subsection (e)(1)(D).
[EX A]:
Establishes the National Commission on American Indian Trust Holdings to fully examine: (1) the allegations made in the letter dated April 5, 2004, from Special Master Alan L. Balaran to the Honorable Royce C. Lamberth; (2) whether grazing, leasing, and other trust asset interests have been managed equitably and in a manner consistent with Federal trust law (including regulations); and (3) such other alleged breaches of the fiduciary responsibility owed by the United States to Indian tribes and individual Indians that come to the Commission's attention.

Requires the Commission to: (1) build on the investigations of other entities, and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of earlier studies of the management by the Department of Interior of Indian trust assets and trust funds; and (2) report to the President and Congress its findings and recommendations for corrective measures that can be taken to recoup any losses suffered by Indian tribes or individual Indians as a result of breaches of fiduciary duty by the Department or to prevent any breaches of fiduciary duty in the future.