[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5092 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5092

To amend the Indian Self-Determination and Education Assistance Act to 
  expedite civil actions, claims, and appeals under that Act, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2014

 Mr. Young of Alaska introduced the following bill; which was referred 
                 to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Indian Self-Determination and Education Assistance Act to 
  expedite civil actions, claims, and appeals under that Act, and for 
                            other purposes.

    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 ``Fair and Accountable IHS Recompense 
Act of 2014'' or the ``FAIR Act''.

SEC. 2. DEFICIENCY REPORTS AVAILABLE TO THE PUBLIC.

    Section 106(c) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450j-1(c)) is amended by inserting ``On and 
after May 1 of each year, the report prepared under this subsection for 
submission by May 15 of that year shall be available to the public and 
shall not be subject to an exemption under section 552(b) of title 5, 
United States Code.'' before ``Such report shall include''.

SEC. 3. PRESUMPTION OF ACCURACY OF DEFICIENCY REPORT AMOUNTS.

    Section 110 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450m-1) is amended by adding at the end the 
following:
    ``(f) Presumption of Accuracy of Deficiency Report Amounts.--In any 
civil action, claim, or related appeal brought under this section, it 
shall be presumed, in the absence of fraud or mathematical error, that 
the deficiency amounts reported to Congress under section 106(c)(2) 
accurately reflect the minimum damages due to any Indian tribe or 
tribal organization upon whose behalf the civil action, claim, or 
appeal was filed.
    ``(g) Attorney Fees.--None of the funds awarded in a civil action, 
claim, or related appeal brought under this section shall be allocated 
for or used to pay attorney fees unless--
            ``(1) all attorney fees for services directly associated 
        with the civil action, claim, or related appeal, are--
                    ``(A) documented; and
                    ``(B) charged at reasonable hourly rates; and
            ``(2) the documentation required under paragraph (1)(A) has 
        been made available to--
                    ``(A) the Natural Resources Committee of the House 
                of Representatives;
                    ``(B) the Indian Affairs Committee of the Senate; 
                and
                    ``(C) the public.
    ``(h) Liability; Limitation.--Any Indian tribe or tribal 
organization upon whose behalf a civil action, claim, or related appeal 
was filed under this section shall not be held liable for paying any 
attorney fees for services directly associated with the civil action, 
claim, or related appeal if the attorney fees do not meet the standards 
under subsection (g).''.
                                 <all>