[Congressional Record Volume 151, Number 162 (Friday, December 16, 2005)]
[Senate]
[Page S13943]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REDUCING CONFLICTS OF INTERESTS IN THE REPRESENTATION OF INDIAN TRIBES 
                              ACT OF 2005

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to immediate consideration of Calendar No. 329, S. 1312.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1312) to amend a provision relating to employees 
     of the United States assigned to, or employed by, an Indian 
     tribe, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. Mr. President, I ask unanimous consent that the McCain 
amendment at the desk be agreed to, the bill, as amended, be read a 
third time and passed, the motion to reconsider be laid upon the table, 
and that any statements relating to the bill be printed in the Record.
  The amendment (No. 2687) was agreed to, as follows:


                           AMENDMENT NO. 2687

       
       Strike all after the enacting clause and insert the 
     following:

     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) Definition of tribal employee.--In this subsection, 
     the term `tribal employee', with respect to an Indian tribal 
     government, means an individual acting under the day-to-day 
     control or supervision of the Indian tribal government, 
     unaffected by the control or supervision of any independent 
     contractor, agency or organization, or intervening 
     sovereignty.
       ``(2) Rights of certain employees.--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 a tribal employee or an elected 
     or appointed official of an Indian tribe carrying out an 
     official duty of the tribal employee or official may 
     communicate with and appear before any department, agency, 
     court, or commission on behalf of the Indian tribe on any 
     matter, including any matter in which the United States is a 
     party or has a direct and substantial interest.
       ``(3) Notification of involvement in pending matter.--An 
     officer, employee, or former officer or employee described in 
     paragraph (2) 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.

  The bill, as amended, was read the third time and passed.

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