[Congressional Record Volume 150, Number 134 (Friday, November 19, 2004)]
[Senate]
[Page S11584]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           INDIVIDUAL INDIAN MONEY ACCOUNT TRUST FUND LAWSUIT

  Mr. CRAIG. Mr. President, I ask unanimous consent that the Indian 
Affairs Committee be discharged from further consideration of S. Res. 
248 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will state the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 248) expressing the sense of the 
     Senate concerning the individual Indian money account trust 
     fund lawsuit.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. CRAIG. Mr. President, I ask unanimous consent that the Campbell 
amendment at the desk be agreed to, the resolution be agreed to, the 
preamble, as amended, be agreed to, the motion to reconsider be laid 
upon the table, and any statements related to the measure be printed in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4070) was agreed to, as follows:

      (Purpose: To provide a complete substitute for the preamble)

       Whereas, since the 19th century, the United States has held 
     Indian funds and resources in trust for the benefit of 
     Indians, and in its capacity as trustee, is obligated to 
     protect those funds and resources;
       Whereas the Senate reaffirms that in continuing to hold and 
     manage Indian funds and resources for the benefit of the 
     Indians, the United States must act in accordance with all 
     applicable standards and duties of care;
       Whereas, in 1996, a class action was brought against the 
     United States seeking an accounting of balances of individual 
     Indian money accounts and rehabilitation of the trust system;
       Whereas after 8 years of litigation and the expenditure of 
     tens of millions of dollars in Federal funds, the Senate 
     believes that there is a demonstrated need to assist and 
     encourage the parties in reaching a full, fair, and final 
     resolution to the class action litigation; and
       Whereas the resolution of the class action litigation may 
     be achieved through alternative dispute resolution processes, 
     including mediation: Now, therefore, be it

  The amendment (No. 4070) was agreed to.
  The resolution was agreed to.
  The preamble, as amended, was agreed to.
  The resolution, with its preamble, reads as follows:
  The resolution will be printed in a future edition of the Record.

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