[Congressional Record Volume 142, Number 46 (Friday, March 29, 1996)]
[Extensions of Remarks]
[Page E521]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  REPEAL THE TRADING WITH INDIANS ACT

                                 ______


                           HON. J.D. HAYWORTH

                               of arizona

                    in the house of representatives

                         Friday, March 29, 1996

  Mr. HAYWORTH. Mr. Speaker, today I am introducing legislation to 
repeal the Trading with Indians Act.
  The Trading with Indians Act was originally enacted in 1834, and at 
that time it served an important purpose: to ensure that Federal 
employees did not improperly influence native Americans. However, today 
this law is unnecessary and unproductive. It establishes a prohibition 
against commercial trading with native Americans by employees of the 
Indian Health Service [IHS] and Bureau of Indian Affairs [BIA]. In many 
cases, this prohibition also extends to transactions undertaken by the 
spouse of a Federal employee.
  The penalties for violations include a fine of not more than $5,000, 
or imprisonment for not more than 6 months, or both. The act further 
provides that any employee who is found to be in violation should be 
terminated from Federal employment.
  Enforcement of this outdated law has caused great difficulties for 
many native American families. It has also made it more difficult for 
IHS and BIA to retain quality Federal employees in certain facilities 
located on remote parts of reservations.
  Both Health and Human Services Secretary Donna Shalala and Interior 
Assistant Secretary Ada Deer have expressed support for repealing the 
Trading with Indians Act. The Senate has already approved legislation 
identical to the bill I am introducing today.
  Mr. Speaker, repeal of the Trading with Indians Act is long overdue. 
I hope that my colleagues will join me in supporting this commonsense 
legislation.