II

106TH CONGRESS

1ST SESSION S. 1589

To amend the American Indian Trust Fund Management Reform Act of

1994.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 15, 1999

Mr. CAMPBELL introduced the following bill; which was read twice and

referred to the Committee on Indian Affairs

A BILL

To amend the American Indian Trust Fund Management

Reform Act of 1994.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘American Indian Trust

5 Fund Management Reform Act Amendments’’.

6 SEC. 2. DEFINITIONS.

7 Section 2 of the American Indian Trust Fund Man8 agement Reform Act of 1994 (25 U.S.C. 4001) is amend9 ed by adding at the end the following:
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1 ‘‘(7) The term ‘Commission’ means the Indian

2 Trust Reform Commission established under section

3 303.’’.

4 SEC. 3. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDI5 ANS, INDIAN TRUST REFORM COMMISSION.

6 (a) OFFICE OF SPECIAL TRUSTEE FOR AMERICAN

7 INDIANS.—

8 (1) IN GENERAL.—Section 302 of the American

9 Indian Trust Fund Management Reform Act of

10 1994 (25 U.S.C. 4042) is amended by striking sub11 section (c) and inserting the following:

12 ‘‘(c) TERM OF SPECIAL TRUSTEE.—The Special

13 Trustee shall serve for a term of 2 years.’’.

14 (2) CONFORMING AMENDMENT.—Section 306

15 of the American Indian Trust Fund Management

16 Reform Act (25 U.S.C. 4046) is amended by strik17 ing subsection (d).

18 (b) INDIAN TRUST REFORM COMMISSION.—Section

19 302 of the American Indian Trust Fund Management Re20 form Act (25 U.S.C. 4042) is amended by adding at the

21 end the following:

22 ‘‘(d) INDIAN TRUST FUND REFORM COMMISSION.—

23 ‘‘(1) ESTABLISHMENT.—There is established

24 the Indian Trust Fund Reform Commission.
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1 ‘‘(2) MEMBERSHIP.—The Commission shall be

2 composed of the following members:

3 ‘‘(A) One member appointed by the Major4 ity Leader of the Senate.

5 ‘‘(B) One member appointed by the Minor6 ity Leader of the Senate.

7 ‘‘(C) One member appointed by the Speak8 er of the House of Representatives.

9 ‘‘(D) One member appointed by the Minor10 ity Leader of the House of Representatives.

11 ‘‘(E) One member appointed by the Sec12 retary of the Interior.

13 ‘‘(3) CONSULTATION.—Before making an ap14 pointment under paragraph (2), each individual re15 ferred to in subparagraphs (A) through (D) shall

16 consult with each other individual referred to in

17 those subparagraphs to achieve, to the maximum ex18 tent practicable, fair and equitable representation of

19 different interests, with resect to the matters to be

20 studied by the commission, including the interests of

21 Indian tribes, appropriate intertribal organizations,

22 and individual Indian account holders.

23 ‘‘(4) QUALIFICATIONS OF MEMBERS.—
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1 ‘‘(A) IN GENERAL.—Each individual ap2 pointed as a member under paragraph (2)

3 shall—

4 ‘‘(i) have legal, accounting, regulatory,

5 or administrative experience with respect

6 to trust assets and accounts or comparable

7 experience in tribal government; or

8 ‘‘(ii) at the time of the appointment,

9 be an individual who is serving as a mem10 ber of the advisory board established under

11 section 306(a).

12 ‘‘(B) CONCURRENT MEMBERSHIP.—A

13 member of the advisory board referred to in

14 subparagraph (A)(ii) may serve concurrently as

15 a member of the Commission.

16 ‘‘(5) CHAIRPERSON.—Not later than the date

17 on which a majority of the members of the Commis18 sion have been appointed (but not later than 75 days

19 after the date of enactment of this subsection) a

20 chairperson of the Commission shall be selected a

21 consensus or majority decision made by the Sec22 retary of the Interior, the Speaker of the House of

23 Representatives, and the Majority Leader of the

24 Senate.
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1 ‘‘(6) INITIAL APPOINTMENTS; PERIOD OF AP2 POINTMENT; AND VACANCIES.—

3 ‘‘(A) INITIAL APPOINTMENTS.—The initial

4 appointment of the members of the Commission

5 shall be made not later than 60 days after the

6 date of enactment of this subsection.

7 ‘‘(B) PERIOD OF APPOINTMENT.—Mem8 bers shall be appointed for the life of the Com9 mission.

10 ‘‘(C) VACANCIES.—Any vacancy in the

11 Commission shall not affect its powers, but

12 shall be filled in the same manner as the origi13 nal appointment, but not later than 60 days

14 after the date on which the vacancy occurs.

15 ‘‘(7) INITIAL MEETING.—Not later than 30

16 days after the date on which a majority of the mem17 bers of the Commission have been appointed, the

18 Commission shall hold its first meeting.

19 ‘‘(8) MEETINGS.—The Commission shall meet

20 at the call of the Chairman.

21 ‘‘(9) QUORUM.—A majority of the members of

22 the Commission shall constitute a quorum, but a

23 lesser number of members may hold hearings.
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1 ‘‘(10) DUTIES OF THE COMMISSION.—The

2 Commission shall carry out the duties of the Com3 mission specified in section 303(a).

4 ‘‘(11) POWERS OF THE COMMISSION.—

5 ‘‘(A) HEARINGS.—The Commission may

6 hold such hearings, sit and act at such times

7 and places, take such testimony, and receive

8 such evidence as the Commission considers ad9 visable to carry out the duties of the Commis10 sion under this Act.

11 ‘‘(B) INFORMATION FROM FEDERAL AGEN12 CIES.—The Commission may secure directly

13 from any Federal department or agency such

14 information as the Commission considers nec15 essary to carry out the duties of the Commis16 sion under this subsection. Upon request of the

17 Chairman of the Commission, the head of such

18 department or agency shall furnish such infor19 mation to the Commission.

20 ‘‘(12) POSTAL SERVICES.—The Commission

21 may use the United States mails in the same man22 ner and under the same conditions as other depart23 ments and agencies of the Federal Government.
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1 ‘‘(13) GIFTS.—The Commission may accept,

2 use, and dispose of gifts or donations of services or

3 property.

4 ‘‘(14) COMMISSION PERSONNEL MATTERS.—

5 ‘‘(A) COMPENSATION OF MEMBERS.—Each

6 member of the Commission who is not an offi7 cer or employee of the Federal Government

8 shall be compensated at a rate equal to the

9 daily equivalent of the annual rate of basic pay

10 prescribed for level IV of the Executive Sched11 ule under section 5315 of title 5, United States

12 Code, for each day (including travel time) dur13 ing which such member is engaged in the per14 formance of the duties of the Commission. All

15 members of the Commission who are officers or

16 employees of the United States shall serve with17 out compensation in addition to that received

18 for their services as officers or employees of the

19 United States.

20 ‘‘(B) TRAVEL EXPENSES.—The members

21 of the Commission shall be allowed travel ex22 penses, including per diem in lieu of subsist23 ence, at rates authorized for employees of agen24 cies under subchapter I of chapter 57 of title 5,

25 United States Code, while away from their
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1 homes or regular places of business in the per2 formance of services for the Commission.

3 ‘‘(15) STAFF.—

4 ‘‘(A) IN GENERAL.—The Chairman may,

5 without regard to the civil service laws and reg6 ulations, appoint and terminate an executive di7 rector and such other additional personnel as

8 may be necessary to enable the Commission to

9 perform its duties. The employment of an exec10 utive director shall be subject to confirmation

11 by the Commission.

12 ‘‘(B) COMPENSATION.—The Chairman

13 may fix the compensation of the executive direc14 tor and other personnel without regard to the

15 provisions of chapter 51 and subchapter III of

16 chapter 53 of title 5, United States Code, relat17 ing to classification of positions and General

18 Schedule pay rates, except that the rate of pay

19 for the executive director and other personnel

20 may not exceed the rate payable for level V of

21 the Executive Schedule under section 5316 of

22 such title.

23 ‘‘(C) DETAIL OF GOVERNMENT EMPLOY24 EES.—Any Federal Government employee may

25 be detailed to the Board without reimburse-
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1 ment, and such detail shall be without interrup2 tion or loss of civil service status or privilege.

3 ‘‘(D) PROCUREMENT OF TEMPORARY AND

4 INTERMITTENT SERVICES.—The Chairman may

5 procure temporary and intermittent services

6 under section 3109(b) of title 5, United States

7 Code, at rates for individuals which do not ex8 ceed the daily equivalent of the annual rate of

9 basic pay prescribed for level V of the Executive

10 Schedule under section 5316 of such title.’’.

11 SEC. 4. REINVENTION STRATEGY.

12 Section 303 of the American Indian Trust Fund

13 Management Act of 1994 (25 U.S.C. 4043) is amended

14 by striking subsection (a) and inserting the following:

15 ‘‘(a) IN GENERAL.—

16 ‘‘(1) REINVENTION STRATEGY.—

17 ‘‘(A) IN GENERAL.—Not later than 180

18 days after a majority of the members of the

19 Commission have been appointed, the Commis20 sion, in consultation with Indian tribes and ap21 propriate Indian organizations, shall prepare

22 for submission to the individuals and entities

23 specified in subparagraph (C) in accordance

24 with subparagraph (B) a recommended reinven25 tion strategy for all phases of the trust manage-
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1 ment business cycle that ensures the proper and

2 efficient discharge of the trust responsibility of

3 the Federal Government to Indian tribes and

4 individual Indians in compliance with this title.

5 ‘‘(B) ADOPTION.—Not later than 90 days

6 after the date specified in subparagraph (A),

7 the Commission shall—

8 ‘‘(i)(I) meet to consider the reinven9 tion strategy developed under subpara10 graph (A); and

11 ‘‘(II)(aa) take a vote concerning the

12 adoption of the reinvention strategy for

13 recommendation to the individuals and en14 tities specified in subparagraph (C), and

15 adopt for recommendation the reinvention

16 strategy if it is approved by a majority

17 vote; or

18 ‘‘(bb) modify the reinvention strategy,

19 and if the modified reinvention strategy is

20 approved by a majority vote, adopt the

21 modified reinvention strategy for rec22 ommendation to the individuals and enti23 ties specified in subparagraph (C); and
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1 ‘‘(ii) submit a recommended reinven2 tion strategy to the individuals and entities

3 specified in subparagraph (C).

4 ‘‘(C) INDIVIDUALS AND ENTITIES.—The

5 individuals and entities referred to in subpara6 graphs (A) and (B) are as follows:

7 ‘‘(i) The advisory commission estab8 lished under section 306(a).

9 ‘‘(ii) The Secretary.

10 ‘‘(iii) The Committee on Resources of

11 the House of Representatives.

12 ‘‘(iv) The Committee on Indian Af13 fairs of the Senate.

14 ‘‘(2) REINVENTION STRATEGY REQUIRE15 MENTS.—

16 ‘‘(A) IN GENERAL.—In preparing the re17 invention strategy under this subsection, the

18 Commission shall explicitly consider and include

19 in the report to the individuals and entities de20 scribed in paragraph (1)(C) findings concerning

21 the following options for fulfilling the obliga22 tions of the Federal Government (including the

23 trust obligations of the Federal Government) to

24 Indian tribes and individual Indian account

25 holders:
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1 ‘‘(i) The creation of a Government2 sponsored enterprise or a federally char3 tered corporation to undertake some or all

4 of the management, accounting, or other

5 parts of the trust management business

6 cycle.

7 ‘‘(ii) The use of existing or expanded

8 authority under the Indian Self-Determina9 tion and Education Assistance Act (25

10 U.S.C. 450 et seq.) to undertake some or

11 all of the management, accounting, or

12 other parts of the trust management busi13 ness cycle.

14 ‘‘(iii) Requiring the Secretary to con15 tract directly with private sector entities

16 (including banks and other private institu17 tions) to undertake some or all of the man18 agement, accounting, or other parts of the

19 trust management business cycle.

20 ‘‘(iv) Any combination of the options

21 described in clauses (i) through (iii) that

22 the Commission considers to be appro23 priate.

24 ‘‘(B) ADDITIONAL REQUIREMENTS.—In

25 addition to meeting the requirements under
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1 subparagraph (A), the reinvention strategy

2 shall—

3 ‘‘(i) identify all reforms to the poli4 cies, procedures, practices, and systems of

5 the Department (including systems of the

6 Bureau, the Bureau of Land Management,

7 and the Minerals Management Service)

8 that are necessary to ensure the proper

9 and efficient discharge of the trust respon10 sibilities of the Secretary in compliance

11 with this Act;

12 ‘‘(ii) include provisions to—

13 ‘‘(I) provide opportunities to In14 dian tribes to assist in the manage15 ment of their trust accounts; and

16 ‘‘(II) identify for the Secretary

17 options for the investment of the trust

18 accounts of Indian tribes in a manner

19 consistent with the trust responsibil20 ities of the Secretary in compliance

21 with this Act in such manner as to

22 ensure the promotion of economic de23 velopment in the communities of In24 dian tribes; and
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1 ‘‘(iii) include recommendations con2 cerning whether the position of Special

3 Trustee should be continued or made per4 manent.

5 ‘‘(3) REGULATORY ENTITY.—

6 ‘‘(A) IN GENERAL.—Not later than 90

7 days after approving a reinvention strategy

8 under paragraph (1), the Commission shall rec9 ommend to Congress the Federal agency that

10 should be responsible for regulating the trust

11 management activities of the Federal Govern12 ment, with respect to funds held in trust under

13 this Act, and submit such recommendations for

14 legislation to implement the reinvention strat15 egy as the Commission considers to be appro16 priate.

17 ‘‘(B) CRITERIA FOR RECOMMENDING REG18 ULATORY ENTITY.—In determining which regu19 latory entity to recommend under subparagraph

20 (A), the Commission shall consider—

21 ‘‘(i) the provisions of the rec22 ommended reinvention strategy approved

23 under paragraph (1); and

24 ‘‘(ii) the similarity of the rec25 ommended reinvention strategy approved
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1 under paragraph (1) and the functions and

2 activities of an entity regulated by—

3 ‘‘(I) the Office of the Comptroller

4 of the Currency;

5 ‘‘(II) the Board of Governors of

6 the Federal Reserve System;

7 ‘‘(III) the Office of Federal

8 Housing Enterprise Oversight;

9 ‘‘(IV) the Federal Trade Com10 mission;

11 ‘‘(V) the Office of Thrift Super12 vision; or

13 ‘‘(VI) any other Federal agency

14 charged with the responsibility of reg15 ulating public or private entities that

16 invest or manage financial re17 sources.’’.

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