[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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