[Congressional Record Volume 141, Number 131 (Monday, August 7, 1995)]
[Extensions of Remarks]
[Page E1695]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



               E X T E N S I O N S   O F   R E M A R K S


[[Page E 1695]]


  AMERICAN INDIAN TRIBES WILL BE SILENCED UNDER THE LABOR, HEALTH AND 
 HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT

                                 ______


                           HON. GEORGE MILLER

                             of california

                    in the house of representatives

                         Monday, August 7, 1995
  Mr. MILLER of California. Mr. Speaker, I am appalled at the message 
that the Republican Congress is sending to all of the American Indian 
and Alaska Native tribes of this country. It is saying that not only do 
we regard you as just another set of interest or lobbying groups, but 
we don't want to hear from you either.
  First, the bill, H.R. 2127, treats Indian tribes like any other 
special interest or lobbying group. Mr. Istook has said, ``It's only 
groups which ask for Federal handouts that are covered.'' Is this 
really how the Republican Congress views Indian tribes? Because the 
bill language, while it specifically exempts State or local 
governments, makes American Indian tribal governments fully subject to 
its speech-chilling provisions. Indian tribes are not special interest 
groups, or lobbyists--they are sovereign nations. And they are not 
asking for handouts.
  Second, the bill would prohibit Indian tribes and tribal advocates 
from using any Federal funds to participate in a wide range of 
activities, including attempts to ``influence legislation or agency 
action,'' participating ``in any judicial litigation or proceeding,'' 
even as an amicus curiae, or lending any support to individual or 
organization that spent more than 15 percent of its expenditures on 
political advocacy in the previous year. In addition, the bill gags 
tribes by defining ``influence'' to include any communications with any 
Member or employee of a legislative body or agency, or with any 
Government official or employee who may participate in the formulation 
of legislation or agency action.
  Tribes or tribal organizations that engaged in substantial political 
activity during any of the past 5 years, starting in fiscal year 1996, 
will lose all of their Federal funding. It is as simple as that. The 
threshold is 5 percent of the tribe's nongrant funds; in other words, 5 
percent of the difference between the tribe's total expenditures and 
the amount of its Federal funding. Furthermore, any tribe or tribal 
organization that receives Federal funding will be required to prove by 
clear and convincing evidence that it has complied with all of the 
provisions of the bill.
  How on Earth does this Congress expect Indian tribes--who depend upon 
Congress, the Executive, and the courts for protection, and who count 
upon the Federal Government to uphold its trust responsibility to 
them--to have any role at all in democratic process? Under this 
ridiculous scheme, Indian tribes and tribal organizations would be left 
without any say or recourse in the development of laws, the formulation 
of agency actions, or the decisionmaking of courts--unless they are 
named parties in a case.
  For instance, tribes could not consult with the House or the Senate 
on matters such as the Interior budget, welfare reform, gaming, 
education, or self-governance. Tribes could not work with the Bureau of 
Indian Affairs or with the Indian Health Service to improve education, 
health care, to protect their resources, or otherwise safeguard their 
rights. Finally, the bill would discourage or prevent tribes from 
submitting amicus briefs on Indian cases before the Supreme Court.
  If this bill had been the law, then few if any of the gains that 
tribes have made in Congress or the courts in the past 30 years would 
have occurred. We would not have a Self-Determination Act or a Self-
Governance Program. We would not have an American Indian Religious 
Freedom Act or an Indian Child Welfare Act. There would not be a Native 
American Rights Fund or an Indian health board in existence.
  Let's not kid ourselves. The Republican Members of this Congress knew 
exactly what they were going when they chose not to exempt American 
Indian and Alaska Native tribal governments from this bill--they were 
trying to silence the voice of this Nation's first peoples. There 
simply is no excuse for this at all.


                          ____________________