[Congressional Record Volume 155, Number 118 (Friday, July 31, 2009)]
[House]
[Pages H9283-H9284]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 2708

                          Offered By: Mr. Cole

       Amendment No. 1: After section 104, add the following new 
     section (and amend the table of contents accordingly):

     SEC. 105. CONTINUATION OF BENEFITS.

       No funds or services authorized under this Act, or the 
     amendments made by this Act, or appropriated pursuant to an 
     authorization under this Act or such amendments, shall be 
     withheld from any Indian tribe or member of an Indian tribe 
     based on the fact that the Indian tribe was federally 
     recognized on or after June 18, 1934.

                               H.R. 2708

                          Offered By: Mr. Cole

       Amendment No. 2: Page 318, line 16, before ``after'' insert 
     the following: ``before, on, or''.

                               H.R. 2708

                          Offered By: Mr. Cole

       Amendment No. 3: After section 714 of the amendment added 
     by section 101 of the bill, add the following new section 
     (and amend subsequent sections and the table of contents 
     accordingly):

     SEC. 715. TESTIMONY BY SERVICE EMPLOYEES IN CASES OF RAPE AND 
                   SEXUAL ASSAULT.

       (a) Approval by Director.--
       (1) In general.--The Director shall approve or disapprove, 
     in writing, any request or subpoena for a sexual assault 
     nurse examiner employed by the Service to provide testimony 
     in a deposition, trial, or other similar proceeding regarding 
     information obtained in carrying out the official duties of 
     the nurse examiner.
       (2) Requirement.--The Director shall approve a request or 
     subpoena under paragraph (1) if the request or subpoena does 
     not violate the policy of the Department to maintain strict 
     impartiality with respect to private causes of action.
       (3) Treatment.--If the Director fails to approve or 
     disapprove a request or subpoena by the date that is 30 days 
     after the date of receipt of the request or subpoena, the 
     request or subpoena shall be considered to be approved for 
     purposes of this subsection.
       (b) Policies and Protocol.--The Director, in coordination 
     with the Director of the Office on Violence Against Women of 
     the Department of Justice, in consultation with Indian Tribes 
     and Tribal Organizations, and in conference with Urban Indian 
     Organizations, shall develop standardized sexual assault 
     policies and protocol for the facilities of the Service.

                               H.R. 2708

                          Offered By: Mr. Cole

       Amendment No. 4: After section 817, add the following new 
     section (and amend subsequent sections and the table of 
     contents accordingly):

     SEC. 818. LIMITATION ON USE OF FUNDS.

       No funds authorized under this Act, or the amendments made 
     by this Act, or appropriated pursuant to an authorization 
     under this Act or such amendments, shall be withheld from 
     release to or expenditure for the benefit of any federally 
     recognized Indian tribe based on the pendency of litigation; 
     provided, that this limitation shall not be effective if a 
     temporary order or temporary injunction is in effect during 
     the pendency of litigation or there is a settlement agreement 
     which effects the end of litigation among the adverse 
     parties.

                               H.R. 2708

                          Offered By: Mr. Cole

       Amendment No. 5: Add at the end of the bill, add the 
     following new title (and amend the table of contents 
     accordingly):

 TITLE IX--LAW ENFORCEMENT AND METHAMPHETAMINE ISSUES IN INDIAN COUNTRY

     SEC. 901. SENSE OF CONGRESS REGARDING LAW ENFORCEMENT AND 
                   METHAMPHETAMINE ISSUES IN INDIAN COUNTRY.

       It is the sense of Congress that Congress encourages State, 
     local, and Indian tribal law enforcement agencies to enter 
     into memoranda of agreement between and among those agencies 
     for purposes of streamlining law enforcement activities and 
     maximizing the use of limited resources--
       (1) to improve law enforcement services provided to Indian 
     tribal communities; and
       (2) to increase the effectiveness of measures to address 
     problems relating to methamphetamine use in Indian Country 
     (as defined in section 1151 of title 18, United States Code).

                               H.R. 2708

                          Offered By: Mr. Cole

       Amendment No. 6: Add at the end of the bill, insert the 
     following new title (and amend the table of contents 
     accordingly):

        TITLE IX--APOLOGY TO NATIVE PEOPLES OF THE UNITED STATES

     SEC. 901. APOLOGY TO NATIVE PEOPLES OF THE UNITED STATES.

       (a) Findings.--Congress finds that--
       (1) the ancestors of today's Native Peoples inhabited the 
     land of the present-day United States since time immemorial 
     and for thousands of years before the arrival of people of 
     European descent;
       (2) for millennia, Native Peoples have honored, protected, 
     and stewarded this land we cherish;
       (3) Native Peoples are spiritual people with a deep and 
     abiding belief in the Creator, and for millennia Native 
     Peoples have maintained a powerful spiritual connection to 
     this land, as evidenced by their customs and legends;
       (4) the arrival of Europeans in North America opened a new 
     chapter in the history of Native Peoples;
       (5) while establishment of permanent European settlements 
     in North America did stir conflict with nearby Indian tribes, 
     peaceful and mutually beneficial interactions also took 
     place;
       (6) the foundational English settlements in Jamestown, 
     Virginia, and Plymouth, Massachusetts, owed their survival in 
     large measure to the compassion and aid of Native Peoples in 
     the vicinities of the settlements;
       (7) in the infancy of the United States, the founders of 
     the Republic expressed their desire for a just relationship 
     with the Indian tribes, as evidenced by the Northwest 
     Ordinance enacted by Congress in 1787, which begins with the 
     phrase, ``The utmost good faith shall always be observed 
     toward the Indians'';
       (8) Indian tribes provided great assistance to the 
     fledgling Republic as it strengthened and grew, including 
     invaluable help to Meriwether Lewis and William Clark on 
     their epic journey from St. Louis, Missouri, to the Pacific 
     Coast;
       (9) Native Peoples and non-Native settlers engaged in 
     numerous armed conflicts in which unfortunately, both took 
     innocent lives, including those of women and children;
       (10) the Federal Government violated many of the treaties 
     ratified by Congress and other diplomatic agreements with 
     Indian tribes;
       (11) the United States forced Indian tribes and their 
     citizens to move away from their traditional homelands and 
     onto federally established and controlled reservations, in 
     accordance with such Acts as the Act of May 28, 1830 (4 Stat. 
     411, chapter 148) (commonly known as the ``Indian Removal 
     Act'');
       (12) many Native Peoples suffered and perished--
       (A) during the execution of the official Federal Government 
     policy of forced removal, including the infamous Trail of 
     Tears and Long Walk;
       (B) during bloody armed confrontations and massacres, such 
     as the Sand Creek Massacre in 1864 and the Wounded Knee 
     Massacre in 1890; and
       (C) on numerous Indian reservations;
       (13) the Federal Government condemned the traditions, 
     beliefs, and customs of Native Peoples and endeavored to 
     assimilate them

[[Page H9284]]

     by such policies as the redistribution of land under the Act 
     of February 8, 1887 (25 U.S.C. 331; 24 Stat. 388, chapter 
     119) (commonly known as the ``General Allotment Act''), and 
     the forcible removal of Native children from their families 
     to faraway boarding schools where their Native practices and 
     languages were degraded and forbidden;
       (14) officials of the Federal Government and private United 
     States citizens harmed Native Peoples by the unlawful 
     acquisition of recognized tribal land and the theft of tribal 
     resources and assets from recognized tribal land;
       (15) the policies of the Federal Government toward Indian 
     tribes and the breaking of covenants with Indian tribes have 
     contributed to the severe social ills and economic troubles 
     in many Native communities today;
       (16) despite the wrongs committed against Native Peoples by 
     the United States, Native Peoples have remained committed to 
     the protection of this great land, as evidenced by the fact 
     that, on a per capita basis, more Native Peoples have served 
     in the United States Armed Forces and placed themselves in 
     harm's way in defense of the United States in every major 
     military conflict than any other ethnic group;
       (17) Indian tribes have actively influenced the public life 
     of the United States by continued cooperation with Congress 
     and the Department of the Interior, through the involvement 
     of Native individuals in official Federal Government 
     positions, and by leadership of their own sovereign Indian 
     tribes;
       (18) Indian tribes are resilient and determined to 
     preserve, develop, and transmit to future generations their 
     unique cultural identities;
       (19) the National Museum of the American Indian was 
     established within the Smithsonian Institution as a living 
     memorial to Native Peoples and their traditions; and
       (20) Native Peoples are endowed by their Creator with 
     certain unalienable rights, and among those are life, 
     liberty, and the pursuit of happiness.
       (b) Acknowledgment and Apology.--The United States, acting 
     through Congress--
       (1) recognizes the special legal and political relationship 
     Indian tribes have with the United States and the solemn 
     covenant with the land we share;
       (2) commends and honors Native Peoples for the thousands of 
     years that they have stewarded and protected this land;
       (3) recognizes that there have been years of official 
     depredations, ill-conceived policies, and the breaking of 
     covenants by the Federal Government regarding Indian tribes;
       (4) apologizes on behalf of the people of the United States 
     to all Native Peoples for the many instances of violence, 
     maltreatment, and neglect inflicted on Native Peoples by 
     citizens of the United States;
       (5) expresses its regret for the ramifications of former 
     wrongs and its commitment to build on the positive 
     relationships of the past and present to move toward a 
     brighter future where all the people of this land live 
     reconciled as brothers and sisters, and harmoniously steward 
     and protect this land together;
       (6) urges the President to acknowledge the wrongs of the 
     United States against Indian tribes in the history of the 
     United States in order to bring healing to this land; and
       (7) commends the State governments that have begun 
     reconciliation efforts with recognized Indian tribes located 
     in their boundaries and encourages all State governments 
     similarly to work toward reconciling relationships with 
     Indian tribes within their boundaries.
       (c) Disclaimer.--Nothing in this section--
       (1) authorizes or supports any claim against the United 
     States; or
       (2) serves as a settlement of any claim against the United 
     States.