[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1770 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1770

To establish a voluntary alternative claims resolution process to reach 
            a settlement of pending class action litigation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 21, 2003

Mr. Campbell (for himself, Mr. Inouye, and Mr. Domenici) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To establish a voluntary alternative claims resolution process to reach 
            a settlement of pending class action litigation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Money Account Claim 
Satisfaction Act of 2003''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) since the 19th century, the United States has held 
        Indian funds and resources in trust for the benefit of Indians;
            (2) in 1996, a class action was brought against the United 
        States seeking a historical accounting of balances of 
        individual Indian money accounts;
            (3) after 8 years of litigation and the expenditure of 
        hundreds of millions of dollars of Federal funds, it is clear 
        that the court-ordered historical accounting will require 
        significant additional resources and years to accomplish and 
        will not result in significant benefits to the members of the 
        class; and
            (4) resolving the litigation in a full, fair, and final 
        manner will best serve the interests of the members of the 
        class and the United States.
    (b) Purpose.--The purpose of this Act is to provide a voluntary 
alternative claims process to reach settlement of the class action 
litigation in Cobell v. Norton (No. 96cv01285, D.D.C.).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Accounting.--The term ``accounting''--
                    (A) with respect to funds in an individual Indian 
                money account that were deposited or invested on or 
                after the date of enactment of the Act of June 24, 1938 
                as provided in the first section of that Act (25 U.S.C. 
                162a), means a demonstration, to the maximum extent 
                practicable, of the monthly and annual balances of 
                funds in the individual Indian money account; and
                    (B) with respect to funds in an individual Indian 
                money account that were deposited or invested between 
                1887 and the day before the date of enactment of the 
                Act of June 24, 1938, means a demonstration of the 
                probable balances of funds in an individual Indian 
                money account that were deposited or invested.
            (2) Claim.--
                    (A) In general.--The term ``claim'' means a legal 
                or equitable claim that has been brought or could be 
                brought, asserting any duty claimed to be owed by the 
                United States under any statute, common law, or any 
                other source of law to an individual Indian money 
                account holder that pertains in any way to the account 
                holder's account, including the duty to--
                            (i) collect and deposit funds in the 
                        account;
                            (ii) invest funds in the account;
                            (iii) make disbursements from the account;
                            (iv) make and maintain records of activity 
                        in the account;
                            (v) provide an accounting; and
                            (vi) value, compromise, resolve, or 
                        otherwise dispose of claims relating to the 
                        account.
                    (B) Inclusion.--The term ``claim'' includes a claim 
                for damages or other relief for failure to perform, or 
                for improper performance of, any duty described in 
                subparagraph (A).
            (3) Class action.--The term ``class action'' means the 
        civil action Cobell v. Norton (No. 96cv01285, D.D.C.).
            (4) De minimis individual indian money account.--The term 
        ``de minimis individual Indian money account'' means an 
        individual Indian money account that contains less than $100.
            (5) Eligible individual.--The term ``eligible individual'' 
        means--
                    (A) a living individual who is or has been an 
                individual Indian money account holder, except any such 
                individual whose account holds or held funds only from 
                the distribution of a judgment fund or a per capita 
                distribution; and
                    (B) the estate of a deceased individual who--
                            (i) was living on the date of enactment of 
                        the American Indian Trust Fund Management 
                        Reform Act of 1994 (25 U.S.C. 4001 et seq.); 
                        and
                            (ii) held an individual Indian money 
                        account on that date or at any time subsequent 
                        to that date, except any such individual whose 
                        account holds or held funds only from the 
                        distribution of a judgment fund or a per capita 
                        distribution.
            (6) IMACS task force.--The term ``IMACS Task Force'' means 
        the Indian Money Account Claim Satisfaction Task Force 
        established by
        section 4.
            (7) Individual indian money account.--The term ``individual 
        Indian money account'' means an account that contains funds 
        held in trust by the United States, established and managed by 
        the United States on behalf of an individual Indian.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) Tribunal.--The term ``Tribunal'' means the Indian Money 
        Claims Tribunal established by section 5.

SEC. 4. INDIAN MONEY ACCOUNT CLAIM SATISFACTION TASK FORCE.

    (a) Establishment.--There is established the Indian Money Account 
Claim Satisfaction Task Force.
    (b) Membership.--
            (1) In general.--The IMACS Task Force shall be comprised of 
        not fewer than 9 members, appointed jointly by the majority 
        leader and minority leader of the Senate and the Speaker and 
        minority leader of the House of Representatives.
            (2) Qualifications.--
                    (A) Background.--Members of the IMACS Task Force 
                shall be selected from private enterprise and academia 
                and shall not be employees of the United States.
                    (B) Expertise.--Of the members appointed to the 
                IMACS Task Force--
                            (i) 2 shall have expertise in the field of 
                        forensic accounting;
                            (ii) 2 shall have expertise in the field of 
                        Federal Indian law;
                            (iii) 2 shall have expertise in the field 
                        of commercial trusts;
                            (iv) 1 shall have expertise in the field of 
                        mineral resources;
                            (v) 1 shall have expertise in the field of 
                        economic modeling and econometrics; and
                            (vi) 1 shall have expertise in the field of 
                        complex civil litigation.
            (3) IMACS task force leader.--An IMACS Task Force Leader 
        shall be chosen by majority vote of the members of the IMACS 
        Task Force.
    (c) Compensation and Travel Expenses.--A member of the IMACS Task 
Force shall be entitled to--
            (1) compensation, at a rate that does not exceed the daily 
        equivalent of the annual rate of basic pay prescribed under 
        level V of the Executive Schedule under section 5316 of title 
        5, United States Code, for each day the member is engaged in 
        the performance of duties the IMACS Task Force; and
            (2) travel expenses, including per diem in lieu of 
        subsistence, in the same manner as persons employed 
        intermittently in Government service under section 5703 of 
        title 5, United States Code.
    (d) Information and Support.--The Secretary of the Interior shall 
provide the IMACS Task Force--
            (1) access to all records and other information in the 
        possession of or available to the Secretary relating to 
        individual Indian money accounts; and
            (2) such personnel, office space and other facilities, 
        equipment, and other administrative support as the IMACS Task 
        Force may reasonably request.
    (e) Confidential Information.--Section 10(b) of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the IMACS 
Task Force.
    (f) Duties.--
            (1) In general.--The IMACS Task Force shall--
                    (A) not later than 1 year after the date of 
                enactment of this Act, complete an analysis of records, 
                data, and other historical information with regard to 
                the conduct of an historical accounting submitted by 
                the parties in the class action to the district court 
                in January 2003; and
                    (B) not later than 60 days after completing the 
                analysis under subparagraph (A), hold meetings with 
                representatives of--
                            (i) the plaintiffs in that civil action;
                            (ii) the Department of Justice and the 
                        Department of the Interior; and
                            (iii) any other parties that, in the 
                        discretion of the IMACS Task Force, are 
                        necessary to allow the IMACS Task Force to 
                        carry out its duties under this Act.
            (2) Account balances.--
                    (A) Methodologies or models.--The IMACS Task Force 
                shall develop 1 or more appropriate methodologies or 
                models to conduct an accounting of the individual 
                Indian money accounts.
                    (B) Determination.--Using methodologies or models 
                developed under subparagraph (A), the IMACS Task Force 
                shall conduct an accounting to determine in current 
                dollars the balances of--
                            (i) first, all individual Indian money 
                        accounts opened in or after 1985;
                            (ii) second, all individual Indian money 
                        accounts opened on or after the date of 
                        enactment of the first section of the Act of 
                        June 24, 1938 (25 U.S.C. 162a), and before 
                        1985; and
                            (iii) third, all individual Indian money 
                        accounts opened before the date of enactment of 
                        the first section of the Act of June 24, 1938 
                        (25 U.S.C. 162a).
                    (C) Notice of determination.--On making a 
                determination of the balance in the individual Indian 
                money account of an eligible individual, the IMACS Task 
                Force shall provide notice of the determination to the 
                eligible individual and the Secretary.
    (g) Acceptance or Nonacceptance by Eligible Individual.--
            (1) Acceptance.--If an eligible individual accepts the 
        determination by the IMACS Task Force of the balance in the 
        individual Indian money account of the eligible individual--
                    (A) not later than 60 days after the date on which 
                the eligible individual receives notice of the 
                determination, the eligible individual shall submit to 
                the Secretary a notice that the eligible individual 
                accepts the determination of the balance;
                    (B) not later than 30 days after the Secretary 
                receives the notice of acceptance under subparagraph 
                (A), the Secretary shall make any adjustment in the 
records of the Secretary to reflect the determination;
                    (C) based on the adjustment made pursuant to 
                paragraph (B), the Secretary shall make full payment to 
                the eligible individual of the balance in the 
                individual Indian money account of the eligible 
                individual in satisfaction of any claim that the 
                individual may have;
                    (D) the eligible individual shall provide the 
                Secretary an accord and satisfaction of all claims of 
                the eligible individual, which shall be binding on any 
                heirs, transferees, or assigns of the eligible 
                individual; and
                    (E) the eligible individual shall be dismissed from 
                the class action.
            (2) Nonacceptance.--If an eligible individual does not 
        accept the determination by the IMACS Task Force of the balance 
        in the individual Indian money account of the eligible 
        individual, the eligible individual may--
                    (A) have the amount of the balance determined 
                through arbitration by the Tribunal; or
                    (B) remain a member of the class in the class 
                action.

SEC. 5. INDIAN MONEY CLAIMS TRIBUNAL.

    (a) Establishment.--There is established the Indian Money Claims 
Tribunal.
    (b) Membership.--The Tribunal shall be comprised of 5 arbitrators 
drawn from the list of arbitrators maintained by the Attorney General.
    (c) Election to Arbitrate.--If an eligible individual elects to 
have the amount of the balance in the individual Indian money account 
determined through arbitration by the Tribunal--
            (1) not later than 60 days after receiving the notice of 
        determination under section 4(f)(2)(C), the eligible individual 
        shall submit to the Tribunal, in such form as the Tribunal may 
        require, all claims of the eligible individual, with an 
        agreement to be bound by any determination made by the 
        Tribunal; and
            (2) the United States shall be bound by any determination 
        made by the Tribunal.
    (d) Representation.--
            (1) In general.--An eligible individual may be represented 
        by an attorney or other representative in proceedings before 
        the Tribunal.
            (2) Attorney's fee.--No legal representative retained by an 
        eligible individual for purposes of proceedings before the 
        Tribunal may collect any fee, charge, or assessment that is 
        greater than 25 percent of the amount of the balance in the 
        individual Indian money account of the eligible individual 
        determined by the Tribunal.
    (e) Timing.--To the extent practicable, the Tribunal shall--
            (1) schedule any proceedings necessary to determine a claim 
        to occur not later than 180 days after the date on which the 
        eligible individual submits the claim; and
            (2) make a determination of the claim, and provide the 
        eligible individual and the Secretary notice of the 
        determination, not later than 30 days after the conclusion of 
        the proceedings.
    (f) Action Following Determination.--Not later than 30 days after 
the Secretary receives the notice of determination under subsection 
(e)(2)--
            (1) the Secretary shall make any adjustment in the records 
        of the Secretary to reflect the determination;
            (2) based on the adjustment made pursuant to paragraph (1), 
        the Secretary shall make full payment to the eligible 
        individual of the balance in the individual Indian money 
        account of the eligible individual in satisfaction of any claim 
        that the eligible individual may have;
            (3) the individual Indian money account of the eligible 
        individual shall be closed;
            (4) the eligible individual shall provide the Secretary an 
        accord and satisfaction of all claims of the eligible 
        individual, which shall be binding on any heirs, transferees, 
        or assigns of the eligible individual; and
            (5) the eligible individual shall be dismissed from the 
        class action.

SEC. 6. JUDGMENT FUND AVAILABILITY.

    The funds for any payment made pursuant to section 4(g)(1)(C) or 
5(f)(2) shall be derived from the permanent judgment appropriation 
under section 1304 of title 31, United States Code (commonly known as 
the ``Judgment Fund''), without further appropriation.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated--
            (1) to carry out section 4, $10,000,000 for each of fiscal 
        years 2004 and 2005; and
            (2) to carry out section 5, $10,000,000 for each of fiscal 
        years 2006 and 2007.
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