text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``American Indian Trust Responsibility 
  Review Act of 2014''.
  
  SEC. 2. CONGRESSIONAL FINDINGS.
  
      Congress finds as follows:
              (1) The Final Report of the American Indian Policy Review 
          Committee, published in 1977, made a number of recommendations 
          regarding the United States administration of its trust 
          relationship with federally recognized Indian tribes and their 
          members, many of which have not been implemented.
              (2) There has been no general, comprehensive review of the 
          United States trust relationship with federally recognized 
          Indian tribes since the publication of the Final Report of the 
          American Indian Policy Review Committee.
              (3) The trust relationship has evolved over time and there 
          is a clear need to re-examine the administration of the United 
          States constitutional trust responsibility.
              (4) The duties administered by Federal agencies charged 
          with protecting federally recognized Indian tribal trust 
          resources and providing services often conflict with other 
          duties discharged by the same or separate Federal agencies and 
          departments and it is the beneficiaries of the trust 
          relationship that suffer as a result.
              (5) In carrying out its trust responsibilities to federally 
          recognized Indian tribes and their members, it is crucial that 
          Congress have the benefit of a review of the United States 
          trust relationship with federally recognized Indian tribes to 
          improve its ability to exercise oversight over the Executive 
          Branch, pursue policies to empower tribal self-determination, 
          and better administer the trust relationship.
  
  SEC. 3. DECLARATION.
  
      Congress declares that it is timely and essential to conduct a 
  review of the current state of the United States unique trust 
  relationship with federally recognized Indian tribes and their members 
  in order to better administer constitutional trust responsibilities and 
  make necessary revisions in relevant trust statutes, regulations, and 
  policies for the benefit of American Indian people.
  
  SEC. 4. ESTABLISHMENT OF THE AMERICAN INDIAN TRUST REVIEW COMMISSION.
  
      (a) Establishment.--In order to carry out the purposes of this Act, 
  there is hereby established the American Indian Trust Review 
  Commission, hereinafter referred to as the ``Commission''.
      (b) Membership.--
              (1) Composition.--The Commission shall be composed of 12 
          members, of whom--
                      (A) 4 shall be appointed by the President, in 
                  consultation with the Secretary of the Interior;
                      (B) 3 shall be appointed by the Speaker of the 
                  House of Representatives, in consultation with the 
                  Chairman of the Committee on Natural Resources of the 
                  House of Representatives;
                      (C) 1 shall be appointed by the Minority Leader of 
                  the House of Representatives, in consultation with the 
                  Ranking Member of the Committee on Natural Resources of 
                  the House of Representatives;
                      (D) 3 shall be appointed by the Majority Leader of 
                  the Senate, in consultation with the Chairman of the 
                  Committee on Indian Affairs; and
                      (E) 1 shall be appointed by the Minority Leader of 
                  the Senate, in consultation with the Vice Chairman of 
                  the Committee on Indian Affairs.
              (2) Diversity of qualifications.--In making appointments to 
          the Commission, every effort shall be made to select 
          individuals whose qualifications are not already represented by 
          other members of the Commission.
              (3) Term.--Each member shall be appointed for the life of 
          the Commission.
              (4) Time for initial appointments.--The appointment of the 
          members of the Commission shall be made no later than 60 days 
          after the date of enactment of this Act.
      (c) Commission Organization.--At its organizational meeting, the 
  members of the Commission appointed pursuant to subsection (b)(1) of 
  this section shall elect from their members, a Chairman and Vice 
  Chairman immediately thereafter.
      (d) Vacancies.--Vacancies in the membership of the Commission shall 
  not affect the power of the remaining members to execute the functions 
  of the Commission and shall be filled in the same manner as in the case 
  of the original appointment of the member whose seat is vacated.
      (e) Quorum.--Eight members of the Commission shall constitute a 
  quorum, but a smaller number, as determined by the Commission, may 
  conduct hearings.
  
  SEC. 5. DUTIES OF THE COMMISSION.
  
      (a) Investigation; Study.--The Commission shall conduct a 
  comprehensive review of the unique trust relationship between the 
  United States and federally recognized Indian tribes. The study shall 
  include--
              (1) a study and analysis of the Constitution, and relevant 
          treaties, compacts, statutes, judicial interpretations, and 
          Executive Orders to determine the attributes of the unique 
          trust relationship between the Federal Government, and 
          federally recognized Indian tribes;
              (2) a review of the policies, practices, and structure of 
          the Federal agencies charged with protecting Indian tribal 
          trust resources and providing services to Indians;
              (3) a management study of the Bureau of Indian Affairs and 
          its ability to discharge its trust responsibilities without 
          conflicting with the duties of other Federal agencies and 
          departments;
              (4) a review of relevant statutes, regulations, and 
          policies to determine the feasibility of authorizing Indian 
          tribes, in their discretion, to assume some or all of the 
          functions, programs, services, and activities now currently 
          undertaken and provided by the Federal Government;
              (5) a compilation, collection, and analysis of data 
          necessary to understand the extent of the needs of federally 
          recognized Indian tribes, including the adequacy of educational 
          systems, health care, public safety, and infrastructure;
              (6) the feasibility of creating high-level positions within 
          the Executive Branch to provide federally recognized Indian 
          tribes with maximum participation in policy formation and 
          program development, and the viability of a mechanism to ensure 
          the continuation of critical programs for federally recognized 
          Indian tribes;
              (7) an examination of the appropriate role of State and 
          local governments involvement in actions that permit government 
          and public input and the degree to which the Federal Government 
          can adequately balance those interests without conflicting with 
          its trust responsibilities towards federally recognized Indian 
          tribes; and
              (8) the recommendations modifying existing laws, 
          procedures, regulations, policies, and practices as will, in 
          the judgment of the Commission, best serve to carry out the 
          policy and declarations of the purposes of the Commission.
      (b) Hearings.--
              (1) In general.--The Commission shall hold hearings, meet, 
          act, take testimony, and receive evidence as the Commission 
          considers to be advisable to carry out the duties of the 
          Commission under this Act.
              (2) Public requirement.--The hearings of the Commission 
          shall be open to the public and held in geographically diverse 
          locations.
              (3) Preference.--When considering hearing witnesses, the 
          Commission shall exercise a preference to invite elected 
          officials from a federally recognized Indian tribe before 
          seeking participation from any tribal organization.
  
  SEC. 6. POWERS OF THE COMMISSION.
  
      (a) Commission Rules.--The Commission may make rules respecting its 
  organization and procedures, as it deems necessary, except that no 
  recommendations shall be reported from the Commission unless a majority 
  of the Commission assents.
      (b) Information From Federal, Tribal, State, and Local Agencies.--
              (1) In general.--The Commission may secure directly from a 
          Federal agency such information as the Commission considers to 
          be necessary to carry out this Act.
              (2) Tribal, state, and local agencies.--The Commission may 
          request the head of any agency of a federally recognized Indian 
          tribe, State, or unit of local government to provide the 
          Commission with such information as the Commission considers 
          necessary to carry out this Act.
  
  SEC. 7. COMMISSION PERSONNEL.
  
      (a) Travel Expenses.--The members of the Commission shall be 
  allowed travel expenses, including per diem in lieu of subsistence, at 
  rates authorized for employees of agencies under subchapter I of 
  chapter 57 of title 5, United States Code, while away from their homes 
  or regular places of business in the performance of services for the 
  Commission.
      (b) Staff.--
              (1) In general.--The Chairperson of the Commission, in 
          consultation with the Vice Chairman of the Commission, may--
                      (A) without regard to the civil service laws and 
                  regulations, appoint and terminate an executive 
                  director and such other additional personnel as may be 
                  necessary to enable the Commission to perform its 
                  duties; and
                      (B) fix the compensation of the executive director 
                  and other personnel without regard to chapter 51 and 
                  subchapter III of chapter 53 of title 5, United States 
                  Code, relating to classification of positions and 
                  General Schedule pay rates, except that the rate of pay 
                  for the executive director and other personnel may not 
                  exceed the rate payable for level V of the Executive 
                  Schedule under section 5316 of such title.
              (2) Executive director subject to confirmation.--The 
          employment of an executive director shall be subject to 
          confirmation by the Commission by a majority of Commission 
          members voting.
      (c) Detail of Government Employees.--At the request of the 
  Commission, and in the discretion of the relevant agency, any Federal 
  Government employee may be detailed to the Commission without 
  reimbursement, and such detail shall be without interruption or loss of 
  civil service status or privilege.
      (d) Procurement of Temporary and Intermittent Services.--The 
  Chairperson of the Commission may procure temporary and intermittent 
  services under 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 such title.
  
  SEC. 8. REPORT OF THE COMMISSION.
  
      (a) In General.--Not later than 2 years after the date of enactment 
  of this Act, the Commission shall submit to the President and Congress 
  a report that contains--
              (1) a detailed statement of findings and conclusions of the 
          Commission; and
              (2) the recommendations of the Commission for such 
          legislative and administrative actions as the Commission 
          considers appropriate.
      (b) Extension.--The President may grant an extension to allow the 
  report required under subsection (a) to be submitted not later than 3 
  years after the date of the enactment of this Act.
      (c) Online Access.--The Commission shall make the report required 
  by paragraph (1) publically available on the website of the Department 
  of the Interior.
  
  SEC. 9. NONAPPPLICABILITY OF THE FACA.
  
      The Federal Advisory Committee Act (5 U.S.C. App. 2) shall not 
  apply to the Commission.
  
  SEC. 10. TERMINATION OF THE COMMISSION.
  
      The Commission shall terminate 30 days after the Commission submits 
  its report under section 8.
target: American Indian Trust Responsibility Review Act of 2014 - Establishes the American Indian Trust Review Commission to: (1) conduct a comprehensive review of the unique trust relationship between the United States and federally recognized Indian tribes, and (2) report to Congress within two years of this Act's enactment. Requires the study to analyze:    the attributes of that relationship;   the policies, practices, structure, and effectiveness of the federal agencies that have trust responsibilities toward Indian tribes;   the feasibility of authorizing willing Indian tribes to assume duties currently performed by the federal government;   the data necessary for the Commission to get a better understanding of tribal needs;   the feasibility of creating high-level federal positions to increase tribal participation in policy formation and program development;  the viability of a mechanism to ensure the continuation of critical programs for Indian tribes;   the appropriate role of state and local governments in federal activities affecting Indian tribes; and  modifications to laws, procedures, regulations, policies, and practices that might further the federal government's trust relationship with Indian tribes.    
feat_title: American Indian Trust Responsibility Review Act of 2014