[Congressional Record Volume 151, Number 87 (Monday, June 27, 2005)]
[Senate]
[Page S7429]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN:
  S. 1312. A bill to amend a provision relating to employees of the 
United States assigned to, or employed by, and Indian tribe, and for 
other purposes; to the Committee on Indian Affairs.
  Mr. McCAIN. Mr. President, today I am introducing legislation to 
address conflicts of interest and the appearance of conflicts involving 
former Federal officers and employees who represent Indian tribes.
  The legislation amends the Indian Self-Determination and Education 
Assistance Act (ISDEA), 25 US.C. 450i(j), by limiting the exemption 
from Federal conflicts of interest laws. Current law exempts from the 
conflicts laws former Federal officers and employees who ``are employed 
by Indian tribes'', thus permitting these former Federal employees 
immediately to lobby the departments they just left and act as agents 
and attorneys for the tribes. The legislation limits this exemption 
only to those former Federal employees who are employees of Indian 
tribes pursuant to self-determination contracts or self-governance 
compacts.
  The bill clarifies what I believe was the intent of the Congress, as 
evidenced by House Report No. 93-4600 that accompanies the ISDEA, that 
Federal employees who work in an area that is contracted or compacted 
to a tribe be able to continue performing their jobs if they become 
employees of the Indian tribe for purposes of working in the contracted 
or compacted area. The exception that was made to the conflict laws 
appeared to have been made in response to the recognition that when 
Indian tribes took on the responsibility of operating programs 
traditionally fulfilled by the Federal Government, they would need 
experienced individuals to fulfill contracted or compacted functions.
  Former Federal employees who leave the Federal Government and go to 
work as outside lawyers or lobbyists for Indian tribes, however, would, 
under the legislation I am introducing today, be subject to the same 
conflicts of interest restraints that apply to other former Federal 
employees who work for other entities. The bill takes effect one year 
after enactment to allow time for people to familiarize themselves with 
the new law and for tribes to seek alternative representation if 
necessary.
  Limiting the waiver of conflicts laws in this manner proposed in this 
bill will address a problem identified by the Inspector General of the 
Department of Interior. In a report dated February 2002, entitled 
``Allegations Involving Irregularities in the Tribal Recognition 
Process and Concerns Relating to Indian Gaming, the IG laid out a 
number of contacts by former BIA and DOI officials, who left Federal 
employment to represent tribes at law firms, to the BIA regarding 
recognition matters that, but for the exemption from the conflicts 
rules, they would be barred from making. The IG suggested that these 
contacts were improper, but not illegal. These contacts were all made 
by former Federal employees who worked as outside lawyers and lobbyists 
for tribes. In his testimony before the Senator Committee on Indian 
Affairs earlier this year, the Inspector General again raised the issue 
of conflicts of interest and referred to a problem of a ``revolving 
door'' involving former Department of Interior officials. This 
legislation seeks to address that problem. I urge my colleagues to 
support it. I also ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1312

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Reducing Conflicts of 
     Interests in the Representation of Indian Tribes Act of 
     2005''.

     SEC. 2. ADDITIONAL EMPLOYMENT RIGHTS.

       Section 104 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450i) is amended by striking 
     subsection (j) and inserting the following:
       ``(j) Additional Employment Rights.--
       ``(1) In general.--Notwithstanding sections 205 and 207 of 
     title 18, United States Code, an officer or employee of the 
     United States assigned to an Indian tribe under section 3372 
     of title 5, United States Code, or section 2072 of the 
     Revised Statutes (25 U.S.C. 48), or an individual that was 
     formerly an officer or employee of the United States and who 
     is an employee of an Indian tribe employed to perform 
     services pursuant to self-governance contracts or compacts 
     under this Act that the individual formerly performed for the 
     United States, may communicate with and appear before any 
     department, agency, court, or commission on behalf of the 
     Indian tribe with respect to any matter relating to the 
     contract or compact, including any matter in which the United 
     States is a party or has a direct and substantial interest.
       ``(2) Notification of involvement in pending matter.--An 
     officer, employee, or former officer or employee described in 
     paragraph (1) shall submit to the head of each appropriate 
     department, agency, court, or commission, in writing, a 
     notification of any personal and substantial involvement the 
     officer, employee, or former officer or employee had as an 
     officer or employee of the United States with respect to the 
     pending matter.''.

     SEC. 3. EFFECTIVE DATE.

       The effective date of the amendment made by this Act shall 
     be the date that is 1 year after the date of enactment of 
     this Act.
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