1. Short title
This Act may be cited as the “Fair and Accountable IHS Recompense Act of 2014” or the “FAIR Act”.
Fair and Accountable IHS Recompense Act of 2014
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.
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”.
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).”