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SECTION 1. SHORT TITLE.

This Act may be cited as the ''American Indian Tort Liability
Insurance Act''.

SEC. 2. AMERICAN INDIAN TORT LIABILITY INSURANCE.

(a) Findings.--Congress finds that--
(1) Kiowa Tribe of Oklahoma v. Manufacturing Technologies,
Inc., 523 U.S. ____ (1998), recognized the increasing
interaction between tribal governments, tribal corporations, or
individual members of Indian tribes with individuals who are
not members of an Indian tribe, on and off Indian reservations
(including property held in trust for Indian tribes) in the
areas of economic development and commerce;
(2) the interaction referred to in paragraph (1) may lead
to disputes that could include claims by individuals against
tribal governments or tribal organizations as a result of
injury in tort;
(3) as Justice Kennedy stated in his opinion in Kiowa Tribe
of Oklahoma v. Manufacturing Technologies, Inc., the doctrine
of tribal immunity asserted by the governing bodies of Indian
tribes to shield the Indian tribes from court actions that are
necessary to recover for the liability of the governing bodies
or tribal organizations of Indian tribes, can ''harm those who
are unaware that they are dealing with a tribe, who do not know
of tribal immunity, or who have no choice in the matter, as in
the case of tort victims''; and
(4) in order to provide protection for individuals
interacting with tribal governments or organizations--
(A) Indian tribes should maintain tort liability
insurance; and
(B) tribal immunity should not be used as a basis
for the denial of a claim under that tort liability
insurance.
(b) Definition.--In this section:
(1) Indian tribe.--The term ''Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(2) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.
(3) Tribal immunity.--The term ''tribal immunity'' means
the immunity of an Indian tribe from--
(A) jurisdiction of the courts; and
(B) judicial review of an action of that Indian
tribe and other remedies.
(4) Tribal organization.--The term ''tribal organization''
has the meaning given that term in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(l)).
(5) Tribal priority allocation.--The term ''tribal priority
allocation'' means an allocation to a tribal priority account
of an Indian tribe by the Bureau of Indian Affairs to allow
that Indian tribe to establish program priorities and funding
levels.
(c) Indian Tribes as Defendants in Tort Disputes.--Section 1362 of
title 28, United States Code, is amended by--
(1) inserting ''(a)'' before ''The district courts'';
(2) inserting ''(referred to in this section as an 'Indian
tribe')'' after ''Interior''; and
(3) adding at the end the following:
''(b) Subject to the provisions of chapter 171A, the district
courts shall have jurisdiction of civil actions in claims against an
Indian tribe for money damages, accruing on or after the date of
enactment of this subsection for injury or loss of property, personal
injury, or death caused by the negligent or wrongful act or omission of
an Indian tribe (including a tribal organization) under circumstances
in which the Indian tribe, if a private individual or corporation would
be liable to the claimant in accordance with the law of the State where
the act or omission occurred.
''(c) Subject to the provisions of chapter 171A, to the extent
necessary to enforce this section, the tribal immunity of the Indian
tribe involved is waived.''.
(d) Tort Liability Insurance.--
(1) In general.--
(A) Insurance.--Except as provided in paragraph
(2), not later than 180 days after the enactment of
this Act, the Secretary shall obtain or provide tort
liability insurance or equivalent coverage, on the most
cost-effective basis, for each Indian tribe that
receives a tribal priority allocation.
(B) Coverage.--The insurance obtained under
subparagraph (A) for an Indian tribe shall cover the
governing body of the Indian tribe, each tribal
organization, of that Indian tribe and each contractor
or employer of that Indian tribe, within the scope of
that contractor or employer. The coverage shall become
effective on the date on which that coverage is
obtained.
(2) Exception.--If the Secretary determines that an Indian
tribe described in paragraph (1) has obtained liability
insurance in an amount and of the type that the Secretary
determines to be appropriate (including meeting the requirement
of paragraph (4)) by the date specified in paragraph (1), the
Secretary shall not be required to provide additional coverage
for that Indian tribe.
(3) Tribal immunity may not be asserted to deny claims.--
Under the liability insurance obtained under paragraph (1) or
that the Secretary determines to be appropriate under paragraph
(2), tribal immunity may not be asserted by the insurer as a
reason for denying a claim for damages resulting from the tort
liability of an Indian tribe.
(4) Amount of coverage.--In carrying out this subsection,
the Secretary shall ensure that each Indian tribe obtains, or
is provided, in accordance with this subsection, a sufficient
amount of insurance coverage to cover tort liability of the
Indian tribe, under chapter 171A of title 28, United States
Code.
(e) Funding of Tort Liability Insurance.--
(1) Initial payment of insurance premiums.--For the initial
payment of insurance premiums for insurance obtained or
provided by the Secretary under subsection (d), the Secretary
shall take such action as may be necessary to ensure the
payment of premiums by the Indian tribe, including adjusting
the amount of the tribal priority allocation made to the Indian
tribe to cover the cost of the initial payments.
(2) Subsequent payments.--
(A) In general.--After an initial payment under
paragraph (1), and before the Secretary makes a tribal
priority allocation for an Indian tribe, the Secretary
shall verify that the Indian tribe--
(i) has insurance coverage that meets the
requirements of subsection (d); and
(ii) has made such payments for premiums of
that insurance as are necessary to provide
insurance coverage for the fiscal year for
which the tribal priority allocation is to be
made.
(B) Payment required as a condition to receiving
tribal priority allocation.--Notwithstanding any other
provision of law, if the Secretary determines under
subparagraph (A) that an Indian tribe has not made the
payments described in subparagraph (A)(ii), the
Secretary shall withhold the tribal priority allocation
of that Indian tribe until such time as those payments
are made.
(f) Jurisdiction of District Courts.--Notwithstanding any other
provision of law, the district courts shall have jurisdiction over any
action concerning the tort liability of an Indian tribe that is covered
under insurance that meets the requirements of subsection (d), and a
case to recover damages through an insurer that provides coverage under
subsection (d) may be brought without regard to whether remedies under
otherwise applicable tribal law have been exhausted.
(g) Regulations.--To carry out this section, as soon as practicable
after the date of enactment of this section, the Secretary shall issue
regulations that--
(1) provide for the amount of insurance coverage or
equivalent coverage needed to protect an Indian tribe for the
liabilities that may be subject to a claim under chapter 171A
if title 28, United States Code;
(2) establish a schedule of premiums to be assessed against
an Indian tribe that is provided liability insurance under
subsection (d); and
(3) establish a means to verify the amount, maintenance,
and funding of insurance of Indian tribes that obtain and
maintain insurance under subsection (d)(3).
(h) Indian Tort Claims Procedure.--
(1) In general.--Part 6 of title 28, United States Code, is
amended by inserting after chapter 171 the following:

''CHAPTER 171A--INDIAN TORT CLAIMS PROCEDURE

''Sec.
''2691. Definitions.
''2692. Liability of Indian tribes.
''2693. Exceptions; waiver.
''Sec. 2691. Definitions
''In this chapter:
''(1) The term 'employee of an Indian tribe' includes--
''(A) an officer or employee of an Indian tribe
(including an officer or employee of a tribal
organization); and
''(B) any person acting on behalf of an Indian
tribe in an official capacity, temporarily or
permanently, whether with or without compensation
(other than an employee of the Federal Government or
the government of a State or political subdivision
thereof who is acting within the scope of the
employment of that individual).
''(2) The term 'Indian tribe' has the meaning given that
term in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e).
''(3) The term 'tribal immunity' means the immunity of an
Indian tribe from--
''(A) jurisdiction of the courts; and
''(B) judicial review of an action of that Indian
tribe and other remedies.
''Sec. 2692. Liability of Indian tribes
''(a) Subject to the limitations under subsection (c), an Indian
tribe (including a tribal organization) shall be liable for the actions
of the employees of that Indian tribe (or tribal organization),
relating to tort claims, in the same manner and to the same extent, as
a private individual or corporation under like circumstances, but shall
not be liable for interest before judgment or for punitive damages.
''(b) Subject to the limitations under subsection (c), in any case
described in subsection (a) in which a death was caused and the law of
the State where the act or omission complained of occurred provides for
punitive damages, the Indian tribe shall, in lieu of being liable for
punitive damages, be liable for actual or compensatory damages
resulting from that death to each person on behalf of whom action was
brought.
''(c)(1) The liability of an Indian tribe or tribal organization
may not exceed--
''(A) $500,000 for each claim made under this chapter; or
''(B) in any case in which more than 1 claim arises from
the same occurrence for damages for a tortuous act or omission,
an aggregate amount equal to $1,000,000 for those claims.
''(2) If the Secretary of the Interior determines that a limitation
on the amount of liability of an Indian tribe under subparagraph (A) or
(B) is appropriate, the Secretary of the Interior shall submit to
Congress proposed legislation to provide for that increase.
''Sec. 2693. Exceptions; waiver
''(a) The provisions of this chapter and section 1362(b) shall not
apply to any case relating to a controversy relating to membership in
an Indian tribe.
''(b) With respect to an Indian tribe, to the extent necessary to
carry out this chapter, the tribal immunity of that Indian tribe is
waived.''.
(2) Clerical amendment.--The table of chapters for title
28, United States Code, is amended by inserting after the item
relating to chapter 171 the following:

''171A. Indian Tort Claims Procedure........................ 2691''.
American Indian Tort Liability Insurance Act -Grants U.S. district courts jurisdiction of civil actions in claims against an Indian tribe for money damages accruing on or after the enactment of this Act for loss of property, personal injury, or death caused by the negligent or wrongful act or omission of a tribe under circumstances in which the tribe, if it were a private individual or corporation, would be liable to the claimant in accordance with the law of the State where the act or omission occurred.
Directs the Secretary of the Interior: (1) within 180 days after the enactment of this Act, to obtain or provide tort liability insurance or equivalent coverage, on the most cost-effective basis, for each tribe that receives a tribal priority allocation (from amounts made available to the Bureau of Indian Affairs for the operation of Indian programs), unless the tribe has obtained appropriate liability insurance by such date; (2) to take actions to ensure the payment of the initial insurance premium by a tribe; and (3) to withhold the tribal priority allocation of a tribe unless and until it makes subsequent premium payments. Prohibits the insurer from asserting tribal immunity as a reason for denying a claim for damages resulting from the tort liability of an Indian tribe. .
Grants the district courts jurisdiction over any action concerning the tort liability of a tribe that is covered under such insurance. Permits a case to recover damages through an insurer that provides coverage to be brought without regard to whether remedies under applicable tribal law have been exhausted.
Amends the Federal judicial code to set forth Indian tort claims procedure provisions. Makes an Indian tribe liable for actions of its employees relating to tort claims in the same manner and to the same extent as a private individual or corporation, but not for interest before judgment or for punitive damages. Provides that where a death is caused, the tribe shall be liable for actual or compensatory damages in lieu of punitive damages. Prohibits a tribe's or tribal organization's liability from exceeding $500,000 for each claim made or an aggregate of $1 million for claims arising from the same occurrence.
Provides that this Act shall not apply to any case relating to a controversy about membership in an Indian tribe.
Waives tribal immunity (from jurisdiction of the courts) to the extent necessary to carry out or enforce this Act.