[Congressional Record (Bound Edition), Volume 155 (2009), Part 10]
[House]
[Pages 13831-13839]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         LUMBEE RECOGNITION ACT

  Mr. RAHALL. Madam Speaker, pursuant to House Resolution 490, I call 
up the bill (H.R. 31) to provide for the recognition of the Lumbee 
Tribe of North Carolina, and for other purposes, and ask for its 
immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 490, the 
amendment in the nature of a substitute printed in the bill is adopted 
and the bill, as amended, is considered read.
  The text of the bill, as amended, is as follows:

                                H.R. 31

       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 ``Lumbee Recognition Act''.

     SEC. 2. PREAMBLE.

       The preamble to the Act of June 7, 1956 (70 Stat. 254), is 
     amended as follows:
       (1) By striking ``and'' at the end of each clause.
       (2) By striking ``: Now, therefore,'' at the end of the 
     last clause and inserting a semicolon.
       (3) By adding at the end the following new clauses:
       ``Whereas the Lumbee Indians of Robeson and adjoining 
     counties in North Carolina are descendants of coastal North 
     Carolina Indian tribes, principally Cheraw, and have remained 
     a

[[Page 13832]]

     distinct Indian community since the time of contact with 
     white settlers;
       ``Whereas since 1885 the State of North Carolina has 
     recognized the Lumbee Indians as an Indian tribe;
       ``Whereas in 1956 the Congress of the United States 
     acknowledged the Lumbee Indians as an Indian tribe, but 
     withheld from the Lumbee Tribe the benefits, privileges and 
     immunities to which the Tribe and its members otherwise would 
     have been entitled by virtue of the Tribe's status as a 
     federally recognized tribe; and
       ``Whereas the Congress finds that the Lumbee Indians should 
     now be entitled to full Federal recognition of their status 
     as an Indian tribe and that the benefits, privileges and 
     immunities that accompany such status should be accorded to 
     the Lumbee Tribe: Now, therefore,''.

     SEC. 3. FEDERAL RECOGNITION.

       The Act of June 7, 1956 (70 Stat. 254), is amended as 
     follows:
       (1) By striking the last sentence of the first section.
       (2) By striking section 2 and inserting the following new 
     sections:
       ``Sec. 2.  (a) Federal recognition is hereby extended to 
     the Lumbee Tribe of North Carolina, as designated as 
     petitioner number 65 by the Office of Federal 
     Acknowledgement. All laws and regulations of the United 
     States of general application to Indians and Indian tribes 
     shall apply to the Lumbee Tribe of North Carolina and its 
     members.
       ``(b) Notwithstanding the first section, any group of 
     Indians in Robeson and adjoining counties, North Carolina, 
     whose members are not enrolled in the Lumbee Tribe of North 
     Carolina as determined under section 3(c), may petition under 
     part 83 of title 25 of the Code of Federal Regulations for 
     acknowledgement of tribal existence.
       ``Sec. 3.  (a) The Lumbee Tribe of North Carolina and its 
     members shall be eligible for all services and benefits 
     provided to Indians because of their status as members of a 
     federally recognized tribe. For the purposes of the delivery 
     of such services, those members of the Tribe residing in 
     Robeson, Cumberland, Hoke, and Scotland counties in North 
     Carolina shall be deemed to be residing on or near an Indian 
     reservation.
       ``(b) Upon verification by the Secretary of the Interior of 
     a tribal roll under subsection (c), the Secretary of the 
     Interior and the Secretary of Health and Human Services shall 
     develop, in consultation with the Lumbee Tribe of North 
     Carolina, a determination of needs to provide the services to 
     which members of the Tribe are eligible. The Secretary of the 
     Interior and the Secretary of Health and Human Services shall 
     each submit a written statement of such needs to Congress 
     after the tribal roll is verified.
       ``(c) For purposes of the delivery of Federal services, the 
     tribal roll in effect on the date of the enactment of this 
     section shall, subject to verification by the Secretary of 
     the Interior, define the service population of the Tribe. The 
     Secretary's verification shall be limited to confirming 
     compliance with the membership criteria set out in the 
     Tribe's constitution adopted on November 16, 2001, which 
     verification shall be completed within 2 years after the date 
     of the enactment of this section.
       ``Sec. 4.  (a) The Secretary may take land into trust for 
     the Lumbee Tribe pursuant to this Act. An application to take 
     land located within Robeson County, North Carolina, into 
     trust under this section shall be treated by the Secretary as 
     an `on reservation' trust acquisition under part 151 of title 
     25, Code of Federal Regulation (or a successor regulation).
       ``(b) The tribe may not conduct gaming activities as a 
     matter of claimed inherent authority or under the authority 
     of any Federal law, including the Indian Gaming Regulatory 
     Act (25 U.S.C. 2701 et seq.) or under any regulations 
     thereunder promulgated by the Secretary or the National 
     Indian Gaming Commission.
       ``Sec. 5. (a) The State of North Carolina shall exercise 
     jurisdiction over--
       ``(1) all criminal offenses that are committed on; and
       ``(2) all civil actions that arise on, lands located within 
     the State of North Carolina that are owned by, or held in 
     trust by the United States for, the Lumbee Tribe of North 
     Carolina, or any dependent Indian community of the Lumbee 
     Tribe of North Carolina.
       ``(b) The Secretary of the Interior is authorized to accept 
     on behalf of the United States, after consulting with the 
     Attorney General of the United States, any transfer by the 
     State of North Carolina to the United States of any portion 
     of the jurisdiction of the State of North Carolina described 
     in subsection (a) pursuant to an agreement between the Lumbee 
     Tribe and the State of North Carolina. Such transfer of 
     jurisdiction may not take effect until 2 years after the 
     effective date of the agreement.
       ``(c) The provisions of this section shall not affect the 
     application of section 109 of the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1919).
       ``Sec. 6.  There are authorized to be appropriated such 
     sums as are necessary to carry out this Act.''.

  The SPEAKER pro tempore. The gentleman from West Virginia (Mr. 
Rahall) and the gentleman from Washington (Mr. Hastings) each will 
control 30 minutes.
  The Chair recognizes the gentleman from West Virginia.
  Mr. RAHALL. To my colleagues on both sides of the aisle, let me begin 
by saying that this measure, which would extend Federal recognition to 
the Lumbee Tribe of North Carolina, is more than a century overdue. 
When 240 of us voted for Federal recognition during the 102nd Congress, 
that should have resolved the question of Lumbee status. When we voted 
again in favor of similar legislation in the 103rd Congress, that 
certainly should have meant that the United States had finally taken a 
stand and done the right thing by acknowledging a trust relationship 
with the Lumbee Tribe, but it was not to be. Last Congress, the Lumbee 
Tribe Recognition Act passed the House of Representatives with 256 
votes but, unfortunately, this legislation stalled in the Senate.
  So here we are again today, over 115 years after the Lumbee first 
sought Federal recognition, still attempting to clarify their status.
  The history and struggle of the Lumbee Tribe to obtain Federal 
acknowledgment has been well documented. When Congress passed the 
Lumbee Act of 1956, it simultaneously recognized and terminated the 
Lumbee Tribe by acknowledging their status as an Indian tribe by 
denying them Federal service. That act was passed during the era of 
Federal Indian policy known as the Termination Era. If you examine the 
results of the Termination Acts of the 1950s, you would see how 
detrimental that misguided policy was to the terminated tribes. Through 
it all, the Lumbee Tribe has managed to maintain their sense of 
community and provide some services to their citizens.
  This is a testament to the fact that the Lumbees have a functioning 
government worthy of Federal acknowledgment. Yet the Lumbee people 
still do not have the government-to-government relationship they 
deserve. At no time has the Department of the Interior ever opposed 
Federal recognition for this tribe based on the belief that the Lumbees 
are not entitled to such status. Indeed, the Department has repeatedly 
concluded that the Lumbee Tribe descends from similar speaking tribes.
  Several studies undertaken by the Department have consistently 
concluded that the Lumbees are a distinct, self-governing Indian 
community which has been historically located on the Lumbee River in 
North Carolina.
  During President Obama's campaign, he pledged his full support for 
recognition of the Lumbee people. At the Natural Resources hearing this 
year, the administration testified in support of H.R. 31 stating: 
``There are rare circumstances when Congress should intervene and 
recognize a tribal group. And the case of Lumbee Indians is one such 
case.''
  During this debate, we may hear a number of canards against Lumbee 
recognition but not one will be a legitimate reason to deny 
recognition. One such relates to the different names given the Lumbee 
Tribe. Although the State of North Carolina has recognized the tribe 
for over 100 years, it has done so under various names. Other than the 
Lumbee Tribe, North Carolina is responsible for the various names that 
it imposed upon the tribe. It was not until the tribe pressured the 
State that the tribe was authorized to conduct a referendum to choose 
their own name. When it did so in 1951, it chose the name Lumbee 
Indians of North Carolina. This is the only name ever selected by the 
tribe, and it is this name by which Congress, in 1956, recognized the 
Lumbees.
  Some have expressed concern about the cost of this bill, and I want 
to note that the cost of this bill is for discretionary programs only. 
There is no mandatory spending. Any actual costs to this bill are 
subject to appropriations.
  To address claims that the tribe was only interested in Federal 
recognition so that they may conduct gaming, the tribe supported an 
outright gaming prohibition which has been included in this bill. The 
gaming prohibition precludes the Lumbee Tribe from engaging in, 
licensing, or regulating gaming pursuant to the Indian Gaming 
Regulatory Act or any other Federal law.
  Finally, some may argue that the Lumbees should not be allowed to 
bypass administrative process established by the Bureau of Indian 
Affairs and

[[Page 13833]]

should be allowed to go through the administrative process. I can 
assure you extending Federal recognition to a tribe at this time is not 
something new, nor does it bypass administrative process. If a tribe 
has been terminated by the Federal Government, they are ineligible for 
the administrative process.
  Because we, the Congress, terminated the Lumbees in 1956, it is 
solely our responsibility to restore their status.
  In closing, I would like to commend the gentleman from North 
Carolina, Mr. Mike McIntyre, for his dedication to this issue. Over the 
years, he has acted in a professional and respectful manner in his 
tireless efforts, his superb leadership. This bill has garnered 185 
cosponsors. Mr. McIntyre's dedication to the Lumbee people is most 
admirable, and I'm sure they recognize and salute him for that 
dedication.
  I would also like to commend the Lumbee Tribe for being extremely 
patient with Congress as we have failed to clarify their status for far 
too long.
  In the face of adversity, their determination and sheer stamina has 
served as testament to their belief in who they are as a people. They 
have endured rejection by Congress, hostility by the Bureau of Indian 
Affairs, and have even been snubbed in their quest by neighboring 
Indian tribes unwilling to have the Lumbee recognized the Congress as 
they were.
  All the Lumbee want is the respect of being acknowledged for who they 
are--an American Indian tribe.
  Let us join this effort to grant the Lumbee the recognition they have 
so long deserved. It is up to us to do the right thing by extending 
Federal recognition to the Lumbee Tribe, and I urge all of my 
colleagues to support H.R. 31.
  I reserve the balance of my time.
  Mr. HASTINGS of Washington. Madam Speaker, I rise in opposition to 
H.R. 31, and I do so because I believe this bill sets a bad precedent. 
It extends Federal recognition to what I understand would become the 
third largest tribe in the country. Though the size of the Lumbee Tribe 
does not disqualify it from consideration for recognition, it does 
demand, nonetheless, that Congress exercise great caution. And I will 
point that out later on in my remarks.
  Madam Speaker, a fundamental principle of Indian law is that a 
recognized tribe should be a tribe that can trace continuous existence 
from the earliest days of our Republic to the present. In fact, this is 
enshrined in one of the seven mandatory criteria that the Bureau of 
Indian Affairs, or BIA, uses to evaluate petitions from groups seeking 
recognition. The BIA process might have its problems, but at least it 
has a clear set of standards that a petitioner must meet.
  We in Congress do not seem to have a clear standard for determining 
that the Lumbee Tribe warrants recognition. Legislative proposals to 
recognize the Lumbee has surfaced numerous times over the last century, 
yet none were enacted. No new information has come to light to justify 
passing that legislation today. Moreover, the committee applied no 
visible standard for determining why the Lumbees warrant recognition 
while other groups do not. Unless the House develops a clear, rational, 
fixed policy on recognition, then our act of recognizing a tribe would 
deem to be arbitrary. This could undermine the standing of recognized 
tribes everywhere.
  The lack of transparent standards in H.R. 31 leads to a major issue: 
the tribe size and the cost of providing services to it. Two years ago 
when we considered the same legislation, the Congressional Budget 
Office, or CBO, estimated that recognizing the Lumbees would cost 
taxpayers $480 million over 5 years based on an enrollment of about 
40,000 members. Today, CBO advises that the bill is going to cost $786 
million over 5 years based on a tribal enrollment of 54,000.
  $786 million, Madam Speaker, is an enormous sum and it could force 
the BIA and the Indian Health Service to alter formulas for the 
provisions of service to all other tribes, possibly reducing their 
allocation.
  A recent news article in the North Carolina paper indicates the 
tribal rolls are closed because of the concerns over the size of the 
tribe. The implication is that the tribal rolls will be reopened again 
after Congress passes this bill. As I said earlier, the size of the 
tribe is not an issue here. What is at issue is the kind of enrollment 
standards the tribe applies because taxpayers and other tribes want to 
know what the cost implications will be down the road.
  Let me restate a few points that I made when the Committee on Natural 
Resources marked up this measure, because the objections and the 
concerns that I raised then have not been resolved today.
  First, the Obama administration testified in support of H.R. 31, 
reversing the stance of the previous administration. In the committee 
hearing on the bill, the Department's witness did not explain how the 
administration came to the conclusion that the Lumbees warrant Federal 
recognition. When I asked the witness who was at the Department who 
made the decision, his reply was, The political leadership.
  The Secretary of the Interior, Ken Salazar, is the top political 
leader there. I would note since the day he took office, Secretary 
Salazar has repeatedly stressed that his decisions will be based on the 
law and sound science. For example, an Interior news release quotes him 
as saying: ``My first priority at Interior is to lead the Department 
with openness in decision making, high ethical standards, and respect 
to scientific integrity.'' Again, this is from a news release that was 
sent out by the Department.
  We are debating a bill about tribal recognition and the Department of 
the Interior is supposed to base its recognition decisions based on the 
research of the professional historians, anthropologists, and 
genealogists employed in the Bureau of Indian Affairs.
  So in this new leadership at Interior, how did this new leadership at 
Interior and the administration arrive at support of H.R. 31? Was it 
because of the professional opinion of those career social scientists? 
Was there openness in this decisionmaking? I think the answer is no. 
The Department has not provided the committee with any data supporting 
its conclusion that the Lumbee met the same basic criteria as other 
tribes the Secretary has recognized.
  While there are a number of other concerns with H.R. 31, let me 
highlight one more which is extremely important. While the Constitution 
grants Congress plenary authority to recognize a tribe, the Congress 
must respect some reasonable limits on the exercise of this authority. 
To do otherwise undermines the whole notion of tribal recognition and 
thereby dishonors all validly recognized tribes. With this in mind, the 
House today should, at a minimum, ensure that a tribe being formally 
recognized descends from a known historic tribe.

                              {time}  1430

  H.R. 31 fails this test. The legislation limits the Secretary to 
``confirming compliance with the membership criteria set out in the 
Tribe's constitution.''
  The tribe has testified that its members are descendants of coastal 
North Carolina tribes. At a minimum, the Secretary should verify that 
every member of the tribe descends from such historic tribes. Such 
verification has not been done, and it is not required under H.R. 31. 
It could have been done if the amendment filed by the gentleman from 
North Carolina (Mr. Shuler) were made in order by the Rules Committee, 
but the Rules Committee chose not to make his amendment in order.
  His amendment would have required the Secretary to evaluate the 
Lumbee recognition petition using the Bureau of Indian Affairs' seven 
mandatory criteria. One of the criteria requires a petitioner to show 
that its membership consists of individuals who descend from a historic 
Indian tribe.
  H.R. 31, again, Madam Speaker, does not impose a reasonable standard 
that justifies the recognition of the Lumbee Tribe.
  So with that, Madam Speaker, I reserve the balance of my time.
  Mr. RAHALL. Madam Speaker, I'm most delighted to yield 10 minutes to

[[Page 13834]]

the distinguished gentleman from North Carolina (Mr. McIntyre), lead 
sponsor of this legislation, and, again, commend him for his tremendous 
leadership.
  Mr. McINTYRE. Madam Speaker, the members of the Lumbee Tribe, many of 
whom are here from the tribal council today, and I appreciate Chairman 
Rahall's strong support of the Lumbee Tribe in the past and your 
willingness to cosponsor this bill for Federal recognition to bring 
long overdue justice to the recognition of this tribe.
  Madam Speaker, I place into the Record four letters from all of North 
Carolina's Governors, both Democratic and Republican, from the last 32 
years in recognition and desire that this tribe be federally 
recognized.

                                          State of North Carolina,


                                       Office of the Governor,

                                         Raleigh. NC, May 1, 2009.
     Hon. Nick J. Rahall II,
      Chair, Natural Resources Committee, House of 
         Representatives, Longworth House Office Building, 
         Washington, DC.
     Hon. Doc Hastings,
     Ranking Member, Natural Resources Committee, House of 
         Representatives, Longworth House Office Building, 
         Washington, DC.
       Dear Congressman Rahall and Congressman Hastings: Thank you 
     for the opportunity to submit written comments about pending 
     legislation for federal recognition of the Lumbee Tribe of 
     North Carolina by the Congress of the United States of 
     America.
       I am writing to express my support for the century-long 
     effort of the Lumbee Tribe of North Carolina to attain a 
     favorable decision on federal recognition. Both Republican 
     and Democratic administrations have supported Lumbee efforts, 
     and the State of North Carolina has recognized the Lumbees as 
     a Tribe. The Lumbee people have waited too long on a decision 
     on federal recognition, and the US Congress should give them 
     this opportunity.
       As you know, the Lumbee Tribe has sought federal 
     recognition since 1888. after being recognized by the State 
     of North Carolina as the ``Croatan'' Tribe in 1885. In 1956, 
     the Congress acknowledged that Lumbees were Indians. but at 
     the request of the Department of the Interior, included 
     language in this legislation that precluded access to federal 
     funds. This left the Lumbees without a federal relationship 
     as an Indian tribe. This provision also halted the efforts of 
     the Lumbees to gain federal acknowledgement through the 
     federal acknowledgement process at the Department of the 
     Interior. I understand that Congress has enacted special 
     legislation to address special circumstances such as these.
       I thank the House and the Natural Resources Committee for 
     holding this hearing and for allowing me to offer written 
     comments about the Lumbee Tribe recognition bill.
       Thank you for your consideration.
           Sincerely,
                                                   Beverly Perdue,
     Governor.
                                  ____



                                      State of North Carolina,

                                      Raleigh, NC, April 18, 2007.
     Hon. Nick J. Rahall II,
     Chair, Natural Resources Committee, House of Representatives, 
         Longworth House Office Building, Washington, DC.
     Hon. Don Young,
     Ranking Member, Natural Resources Committee, House of 
         Representatives, Longworth House Office Building, 
         Washington, DC.
       Dear Congressman Rahall and Congressman Young: Thank you 
     for the opportunity to submit written comments about pending 
     legislation for federal recognition of the Lumbee Tribe of 
     North Carolina by the Congress of the United States of 
     America. I believe full federal recognition of the Lumbee 
     Tribe by Congress is long overdue.
       Recognition of and interaction with the Lumbee people as a 
     unique, distinct Indian tribe began when settlers from 
     Virginia, South Carolina and Europe first arrived in the Cape 
     Fear and Pee Dee River Basins after the Tuscarora War (1711-
     1715). There, the settlers encountered a well-populated, 
     cohesive American Indian tribal group situated mostly along 
     and to the west of what is now known as the Lumber River in 
     Robeson County. As early as 1890, the U.S. Department of 
     Interior acknowledged this fact among others as evidence that 
     the Lumbee people are American Indians.
       A proclamation by colonial Governor Matthew Rowan on May 
     10, 1753 stated that Drowning Creek (Lumber River in Robeson 
     County) was ``the Indian Frontier.'' Other historical records 
     of the eighteenth and early nineteenth centuries, including 
     Revolutionary War pensions for Lumbees who fought for 
     American independence, attest to the Lumbees as American 
     Indians.
       In 1885, North Carolina's General Assembly passed a bill 
     recognizing and naming the Lumbee tribe ``Croatan.'' In 1911 
     the General Assembly changed their name to the ``Indians of 
     Robeson County'' and in 1913 to ``Cherokee Indians of Robeson 
     County.'' None of these names was chosen by the tribe. In 
     1953, the State officially changed the tribe's name to 
     ``Lumbee Tribe of North Carolina'' following a 1952 tribal 
     referendum requested by the Lumbees and paid for by the State 
     in which this name was overwhelmingly chosen. These names all 
     apply to the same American Indian tribe.
       For more than a century, North Carolina's Governors, 
     various state legislators and Members of the North Carolina 
     Congressional delegation have supported the effort by the 
     Lumbee Tribe to obtain federal recognition, beginning with a 
     petition to Congress in 1888. Enclosed are copies of letters 
     by former Governors James G. Martin (R) and James B. Hunt, 
     Jr., (D)--my immediate predecessors--attesting to the strong 
     bipartisan support for federal recognition that the Lumbee 
     Tribe has enjoyed during the last generation.
       In the past, federal recognition has been denied because of 
     opposition by the Bureau of Indian Affairs and Department of 
     the Interior on budgetary grounds. Each of several federal 
     investigations into the Lumbees' history, genealogy and 
     ethnicity has concluded that the Lumbees are in fact American 
     Indians. It follows that federal recognition should be 
     authorized for this long-standing American Indian Tribe.
       Personally and on behalf of North Carolina, I offer to our 
     fellow Lumbee citizens and to the Congress our full, 
     unqualified support for Congressional recognition of the 
     Lumbee Tribe. I encourage your support for the Lumbee Tribe 
     and for the adoption of this bill.
       I thank the House and the Natural Resources Committee for 
     holding this hearing and for allowing me to offer written 
     comments about the Lumbee Tribe recognition bill.
       With warm personal regards, I remain
           Very truly yours,
                                                Michael F. Easley,
     Governor.
                                  ____

                                          State of North Carolina,


                                       Office of the Governor,

                                          Raleigh, March 11, 1993.
     Hon. Bruce Babbitt,
     Secretary, U.S. Department of Interior, Washington, DC.
       Dear Bruce: I am pleased that you were able to be in our 
     state recently and I appreciated the opportunity to meet with 
     you.
       There are approximately 40,000 Lumbee Indians living in 
     North Carolina and they have been officially recognized by 
     the State of North Carolina since 1885. The Lumbees have been 
     seeking federal recognition since 1888. Seven studies have 
     shown them to be an independent Indian community.
       I would like to reiterate my strong support for the 
     Congressional process for federal recognition of the Lumbee 
     Indian tribe in North Carolina. As you know H. R. 334, 
     introduced by Congressman Charlie Rose of North Carolina, 
     would provide such recognition. We support that legislation 
     as stated in my letter of January 28, 1993.
       Federal recognition of the tribe has been endorsed by the 
     N.C. Commission of Indian Affairs, the Governors' Interstate 
     Indian Council, and the National Congress of American Indians 
     which is the oldest and largest Indian organization in the 
     country.
       In 1956 a bill was passed by the Congress to recognize the 
     Lumbee tribe, but it denied the tribe the benefits or 
     protections afforded to Indians by the U.S. of America.
       For over 100 years the Lumbees have tried to obtain federal 
     recognition, but to no avail. It is my opinion that the 
     administrative recognition process that was proposed by the 
     previous administration simply is too cumbersome, time-
     consuming, costly and has not worked effectively. Therefore, 
     I would urge you to support the Congressional recognition 
     process as proposed by Congressman Rose.
       I want to work with you and the President in any way 
     possible to help the Lumbee Tribe receive Congressional 
     recognition. I am confident that this recognition is not only 
     in our state's and the tribe's best interest, but in the 
     interest of the United States as well.
           Sincerely,
                                               James B. Hunt, Jr.,
     Governor.
                                  ____

                                          State of North Carolina,


                                       Office of the Governor,

                                        Raleigh, January 28, 1993.
     Re Federal Recognition of the Lumbee Indians.

     Hon. Bruce Babbitt,
     Secretary, U.S. Department of Interior, Washington, DC.
       Dear Bruce: This letter is to ask for your assistance in 
     obtaining federal recognition for the Lumbee Indian tribe, 
     which has many members in North Carolina. Congressman Charlie 
     Rose (D-N.C.) has introduced a bill (H.R. 334) that would 
     provide such recognition.
       Before the House Subcommittee on Indian Affairs considers 
     H.R. 334, I understand that the Clinton Administration will 
     release its position on the bill. I ask that you and the 
     President support the bill.

[[Page 13835]]

       The Lumbee have 40,000 enrolled members in the United 
     States and should be recognized. In fact, seven studies in 
     this century have shown them to be an independent Indian 
     community.
       I appreciate your consideration of this letter. Please 
     contact Congressman Rose or me if we can assist you in any 
     way with this matter.
       My warmest personal regards.
           Sincerely,
                                               James B. Hunt, Jr.,
     Governor.
                                  ____

                                          State of North Carolina,


                                       Office of the Governor,

                                           Raleigh, July 30, 1991.
     Hon. Daniel K. Inouye,
     Chairman, Senate Select Committee on Indian Affairs, Hart 
         Senate Office Building, Washington, DC.
       Dear Senator Inouye: I have asked James S. Lofton, 
     Secretary of the North Carolina Department of Administration 
     to represent me at the Joint Hearing regarding S. 1036, the 
     Lumbee Recognition Bill, which will be held on August 1. 
     Secretary Lofton will be accompanied by Henry McKoy, Deputy 
     Secretary of the Department of Administration, Patrick O. 
     Clark, Chairman of the North Carolina Commission of Indian 
     Affairs; and A. Bruce Jones, the commission's executive 
     director.
       I fully support the passage of S. 1036 and am requesting 
     the support of the Senate Select Committee on Indian Affairs. 
     The State of North Carolina has recognized the Lumbee Tribe 
     as a separate and viable Indian entity since 1885. The 
     passage of S. 1036 will entitle the Lumbee to enjoy'the same 
     rights, privileges and services enjoyed by other federally 
     recognized tribes in the nation and will, further, be a major 
     step toward rectifying the inequities suffered by the Lumbee 
     people for centuries.
       I thank you for your attention.to this matter and will 
     appreciate your favorable consideration of my request.
           Sincerely,


                                              James G. Martin,

                                                         Governor.

  Madam Speaker, I was born and reared in Robeson County, North 
Carolina, the primary home of the Lumbee people. I go home there 
virtually every weekend and have the high honor of representing about 
40,000 of the 55,000 Lumbees who live in my home county. In fact, there 
are more Lumbees in Robeson County than any other racial or ethnic 
group. The Lumbee Indians are my friends, many of whom I've known all 
my life. They're important to the success of everyday life, not only in 
Robeson County, but throughout southeastern North Carolina, our entire 
State, as evidenced by these letters from our Governors, and their 
contributions, indeed, to our Nation.
  From medicine and law, to business and banking, from the farms and 
factories, to the schools and the churches--we had a Lumbee Indian come 
and open the National Day of Prayer right here as our guest chaplain 
the first Thursday in May--from government, military, our veterans, 
community service, to entertainment and athletic accomplishments, the 
Lumbees have made tremendous contributions to our country, our State 
and, indeed, our Nation.
  In fact, in my home county, the former sheriff, the current clerk of 
court, the register of deeds, the school superintendent, several county 
commissioners, including the chairman, school board members, and the 
person who represents me and my family in the State legislature are all 
Lumbee Indians. Also, judges on both the District Court and Superior 
Court bench are Lumbee Indians.
  In other words, the Lumbee Indians have achieved great 
accomplishments. Their contributions have been recognized from the city 
councils and county commissioners, to the chamber of commerce, to our 
regional medical center, and the list goes on. They all have endorsed 
recognition of this tribe.
  But let me say this in a broader sense. I personally visited with 
over 300 of my colleagues, many of you listening back in your offices 
right now, and your legislative directors and chiefs of staff, and 
we've talked about this. In one aspect or another, the United States 
Congress has been dealing with this issue since 1888. During that time, 
Congress has directed the Department of the Interior to examine the 
tribe's history.
  Eleven times, 11 times this tribe has been examined by the Department 
of the Interior. This is not about going around the process. It's not 
about skipping over the BIA. It's not about setting a precedent that 
some other tribe is going to say, oh, we will just skip the process. 
This tribe has gone through it. They have been examined. Over and over 
and over and over and over and over and over, and we can go on and say 
that 11 times.
  So why are we still debating this? Well, in 1956, in fact the year I 
was born--it's been that long now--53 years later, 1956, this Congress 
recognized the Lumbees in Maine in name only but did not complete the 
recognition process. You know, there were two other tribes in America 
that had this dilemma: the Tiwas of Texas and also our friends from 
Arizona, the Yaqui Pascua. These two tribes, Congress went back and 
completed the recognition, 1987 and also back in 1978.
  So, now, there's one tribe in America left in this situation, one 
tribe. This is not setting a precedent for other tribes. In fact, the 
solicitor from the Department of the Interior said the only way to 
resolve this issue is to go back to Congress. Yeah, you've been through 
the BIA 11 times. BIA can't do it. Go back to Congress because what 
Congress started Congress should finish, and that's why we're back here 
today.
  We had it in the 103rd and 104th and just, yes, in our last session 
of Congress, the 110th, we passed this legislation. In fact, we had a 
two-thirds majority, Republicans and Democrats, liberals, conservatives 
and moderates, because this isn't about philosophy or partisan 
politics. This is about doing the right thing.
  And to think I go home on weekends, and every weekend, the folks from 
the Lumbee Tribe wonder why doesn't our government still recognize we 
exist? We have tribal members here today. Do we not recognize as a 
Nation that 55,000 people, who have died for this country as veterans 
and served our country in the military and law enforcement and the 
hospitals and banks and farms and factories, and all the other places I 
mentioned earlier, are people that deserve the dignity of recognition?
  This is not about gaming. Please hear me friends and colleagues 
listening in the offices. They have agreed to prohibit gaming in the 
enacting legislation. So that this is not about going around the 
process, and it's not about gaming, and it's not about a reservation of 
land. Why? Because they are fully integrated in society, as I have 
already mentioned. They are our judges. They're our law enforcement. 
They're our doctors and our bankers back home in North Carolina.
  What is it about then? It's about getting the politics out of the way 
that have delayed this bill the last 53 years, and let's get on with it 
and complete the recognition that the solicitor has said only we can 
complete.
  It is a unique situation. They are the only tribe in America in this 
situation. It is not an antecedent for any other argument about any 
other tribe.
  Today, our North Carolina Senators on a bipartisan basis support this 
bill. Today, 185 of my colleagues have cosponsored, on a bipartisan 
basis, this bill. Today, the White House recognizes that this is an 
injustice that, yes, must finally be resolved.
  The political leadership has stopped it since 1956. Political 
leadership ought to help correct it, and thank God that they're willing 
to do that now.
  And today, we can take that step toward rectifying this wrong of 53 
years ago. When we passed it those other times that I mentioned, three 
other times, it got to the Senate only to face inaction. Last year, 
they ran out of time before the general election. We don't want that to 
happen. That's why we're getting this done today so that they will have 
the rest of this year and all of next year hopefully to finally give 
this tribe its long overdue recognition. What Congress started Congress 
should finish.
  Madam Speaker, in conclusion, let me urge this House not to delay 
anymore. Justice delayed is justice denied. The evidence is clear, 
cogent, convincing. The examinations have occurred. We have heard the 
advisory opinion from the solicitor. We know that only Congress can 
resolve this. It is time to say ``yes.'' ``Yes'' to dignity and 
respect. ``Yes'' to fundamental fairness. ``Yes'' to decency. ``Yes'' 
to honor. ``Yes'' to Federal recognition.

[[Page 13836]]

  Let's do what is right. People in America are tired of bickering in 
Washington. They are tired of people pointing fingers and dreaming up 
excuses not to get things done. You know, let's send a message today 
that we're willing to do the right thing to correct inequities that 
have occurred in our history. We have conservatives and liberal and 
moderates and Republicans and Democrats on this bill. So it is not a 
philosophical or political argument anymore. It's only about doing the 
right thing.
  I challenge all of my colleagues in our United States Congress to do 
the right thing. It's time for discrimination to end and recognition to 
begin.
  Mr. HASTINGS of Washington. Madam Speaker, I'm pleased to yield 3 
minutes to the gentleman from North Carolina (Mr. McHenry).
  Mr. McHENRY. Madam Speaker, I thank my colleague and ranking member 
for yielding.
  I thank my colleague from North Carolina as well for his honest 
efforts on behalf of his constituents. I respectfully disagree with the 
conclusions the gentleman's made, but I certainly respect him and his 
abilities in representing his constituents and the hard work he's 
offered on this legislation.
  But I rise today in opposition of H.R. 31, the Lumbee Recognition 
Act. I believe all groups seeking Federal recognition as an Indian 
tribe should go through the administrative process at the Department of 
the Interior. It's clear that this process does need reforming, but 
Congress should do the hard work of reforming that process.
  In this case, the Department of Indian Affairs has stated that the 
1956 Lumbee Act prevents the Lumbee from going through the proper 
course of action to attain this status. I believe Congress should act 
to lift that restriction, and that is why I joined with my other North 
Carolina Democratic colleague, Congressman Heath Shuler, in submitting 
an amendment to the Rules Committee to remove the barriers set forth in 
the 1956 Lumbee Act and provide the Lumbee with the same opportunity to 
attain Federal recognition as other tribes have. I think that's the 
proper path. Unfortunately, the Rules Committee disallowed us that 
opportunity to vote on that legislation here on the House floor, and I 
think that's unfortunate.
  To the extent that the process needs to be reformed, we should let 
Congress or the agency focus on those specific areas, instead of 
passing individual recognition bills.
  I cannot support the underlying legislation, which would allow the 
Lumbee to circumvent this proper recognition process and their hard 
work in diligently working toward recognition through the Office of 
Federal Acknowledgment. This would be unfair to those tribes who have 
gone through the proper requirements to attain their official status.
  Also, it's unfair to existing federally recognized tribes who do not 
want to see their cultural identity undermined by legislation such as 
this.
  I urge my colleagues to vote against this bill and allow the Office 
of Federal Acknowledgment to carry out its appropriate 
responsibilities. That's why we instituted, as a Congress, the Office 
of Federal Acknowledgment, and we should make sure it does its proper 
work.
  Mr. RAHALL. Madam Speaker, I yield 5 minutes to the gentleman from 
American Samoa (Mr. Faleomavaega).
  Mr. FALEOMAVAEGA. Madam Speaker, I rise today in strong support of 
H.R. 31, the proposed bill to provide for the recognition of the Lumbee 
Tribe of North Carolina.
  First, I want to commend the gentleman and my dear friend, the 
gentleman from North Carolina (Mr. McIntyre) for his leadership and 
tremendous work that he has done to move this bill through committee 
that is now before us.
  I also want to commend Chairman Rahall and our ranking member, Mr. 
Hastings, and my colleagues on the Natural Resources Committee for 
their agreement to bringing this bill to the floor.
  Madam Speaker, it has been more than 120 years since the Lumbees 
first attempted Federal recognition since 1888. More than a century has 
passed since they first started this labyrinth known as Federal 
recognition process. Since then, the Lumbee themselves have been 
subjected to such demeaning vetting process, including having the size 
of their teeth measured and their blood tested to see how much Indian 
they were.
  Since 1888, the Lumbees have submitted all documentation they have to 
prove their existence. After more than 100 years' worth of 
documentation and witness testimony, the Lumbees have fully exhausted 
the Federal recognition process but to no avail.
  Madam Speaker, it is also important to note that the policy of the 
United States has been terribly inconsistent with regard to the 
original inhabitants of this land, the first Americans. Our first 
policy was to do battle with them, kill them. The prevailing opinion at 
the time was epitomized by General Philip Sheridan in 1869 when he 
said: ``The only good Indians I ever saw were dead.''
  Our next policy was that of assimilation. During this period, the 
United States tried to make Indians part of American mainstream. And 
then in the 1950s and the early 1960s, this country's policy was 
termination, termination meaning Indian tribes were no longer in 
existence.

                              {time}  1445

  Then there was the policy of reinstatement. Since 1978, the tribes 
now have to seek recognition from the Federal Government, and doing so 
by a series of administrative regulations that have caused tremendous 
hardship for the tribes seeking to be recognized by the Federal 
Government.
  Throughout this entire period, the Lumbees were seeking recognition. 
While Congress recognized the Lumbee Indians in the 1956 Act, the 
Lumbees were still deprived of critical services and benefits that were 
available to other Indian tribes. Since then, the Lumbees have felt 
like they were second-class citizens. And I agree.
  Madam Speaker, it is public record that the Interior Department has 
found the Lumbee petition for recognition wanting. Apparently, the 
Lumbees didn't keep sufficient written records of their existence for 
the period supposedly encompassing roughly from 1760 to 1850 to 
convince the Department of the Interior. I guess the Department thinks 
that any group of people who don't have a paper trail to prove their 
existence aren't worthy of Federal recognition.
  While I know it's true that the Bureau of Indian Affairs exists only 
to create a paper trail, I cannot help but think the Lumbee case is a 
perfect example of a bureaucratic process run amok.
  Madam Speaker, there comes a time when the process for process' sake 
loses its value. While it might be procedurally nice for the Bureau of 
Indian Affairs and the Department of the Interior to provide a timely 
review of each group that seeks recognition, sometimes justice requires 
otherwise. The cost of continuing the acknowledgment process in the 
case of the Lumbees, for me at least, is just simply too high. And I 
believe that this is one of the principal roles that Congress has to 
play.
  The time has come for this institution to take action. By our own 
inaction, Congress will continue to defer to a Federal recognition 
process that, in the case of the Lumbees, has failed miserably, a 
Federal recognition process that is also in greater need of reform. And 
I have introduced legislation to have Congress change the process.
  Today, we are considering H.R. 31, a bill to grant Lumbees Federal 
recognition. After reviewing this bill, there's nothing in here that 
threatens the economic stream of other federally recognized tribes. 
Indeed, H.R. 31 contains prohibition of gaming activities.
  Madam Speaker, further inaction would lead to more time lost for the 
Lumbees. For over 100 years, the Lumbees are still seeking recognition. 
And just prior to the introduction of this bill, we have had to 
recognize six tribes from Virginia after they waited for 400 years. 
Does this suggest that the poor Lumbees are to wait for another 300 
years, Madam Speaker? I say not.

[[Page 13837]]

  The time has come to give the Lumbees Federal recognition. I urge my 
colleagues and Members of this House, do pass H.R. 31 and give the 
Lumbee Indians at last the recognition they so dearly deserve.
  Mr. HASTINGS of Washington. I yield back the balance of my time.
  Mr. RAHALL. I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate having expired, pursuant 
to House Resolution 490, the previous question is ordered on the bill, 
as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mr. HASTINGS of Washington. Madam Speaker, I have a motion to 
recommit at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. HASTINGS of Washington. I am, in its current form, Madam Speaker.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Hastings of Washington moves to recommit the bill H.R. 
     31 to the Committee on Natural Resources with instructions to 
     report the same back to the House forthwith with the 
     following amendment:
       Page 5, lines 17 and 18, strike ``The Secretary'' and all 
     that follows through the period on line 22, and insert the 
     following: ``For purposes of the delivery of Federal 
     services, the Secretary of the Interior shall verify that the 
     persons on the Lumbee base rolls are descendants of Cheraw or 
     other coastal North Carolina Indian tribes.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Washington (Mr. Hastings) is recognized for 5 minutes in support of his 
motion.
  Mr. HASTINGS of Washington. Thank you very much, Madam Speaker.
  Madam Speaker, the motion to recommit amends the bill to require the 
Secretary of the Interior to verify that members of the Lumbee Tribe 
are descendants of the Cheraw and coastal North Carolina tribes. I 
don't believe this is unreasonable, and I say that because the preamble 
contained in H.R. 31 states that, ``the Lumbee Indians of Robeson and 
adjoining counties in North Carolina are descendants of coastal North 
Carolina Indian tribes, principally Cheraw.''
  At the same time, section 3 of the legislation limits the Secretary's 
role in verifying the Lumbee tribal rolls only to ``confirming 
compliance with the membership criteria set out in the tribe's 
constitution.''
  Thus, Madam Speaker, nothing in H.R. 31 requires the Secretary or any 
third party to verify that individuals enrolled in the Lumbee Tribe are 
descendants of the historic Cheraw and coastal North Carolina Indians.
  Under the Bureau of Indian Affairs regulations, as has been mentioned 
several times today, one of the seven mandatory requirements that must 
be met to be recognized by the Secretary as a tribe is that: ``The 
petitioner's membership consists of individuals who descend from a 
historical Indian tribe or from historical Indian tribes which combined 
and functioned as a single autonomous political entity.'' These 
regulations list a wide variety of evidence that can be used to meet 
this requirement.
  The Rules Committee, as I have mentioned and as Mr. McHenry 
mentioned, would not make Mr. Shuler of North Carolina's amendment in 
order that would have required the Lumbees to meet all seven of the BIA 
criteria, including the one quoted above, to obtain Federal 
recognition.
  This motion requires the Secretary to verify that members of the 
Lumbee Tribe meet the equivalent of just one of the seven criteria that 
are applied to the other petitioners seeking recognition through the 
BIA process.
  I believe, Madam Speaker, this is reasonable because there have been 
some concerns about the tribe's enrollment.
  Today, the tribe claims 54,000 members, and the CBO says the cost 
would be $786 million over 5 years. This is an increase from just 2 
years ago when they were told that there were 40,000 tribal members. 
Moreover, it appears the tribe is keeping its rolls closed until 
Congress passes this bill.
  It is fair to have the Secretary verify the base rolls the tribe uses 
to establish membership. This verification requirement does not cancel 
the tribe's recognition; it merely provides a means of verifying the 
base rolls, something the BIA should do if the Lumbees had gone through 
the regulatory process.
  Thus, a motion to recommit merely ensures the House has taken extra 
care to ensure the decision to extend recognition to the Lumbee is 
appropriate, because a wrong decision, a wrong decision, Madam Speaker, 
could have an adverse impact on all tribes.
  With that, I yield back the balance of my time.
  Mr. RAHALL. I rise in opposition to the motion to recommit.
  The SPEAKER pro tempore. The gentleman from West Virginia is 
recognized for 5 minutes.
  Mr. RAHALL. Wow. Madam Speaker, it certainly has been a torturous and 
long path for the Lumbee Indian Tribe. This is but yet another stake 
that is attempted to be driven in their heart.
  It is long established policy in this country for Indian tribes to 
determine their own membership, their own roll. This motion to recommit 
would single out the Lumbee Tribe as the only tribe in America that 
would be subject to this new requirement. It's discriminatory. It's 
ugly. It deserves to be defeated.
  I want to make something very clear before yielding to the gentleman 
from North Carolina. This is not something new that we're doing today, 
granting Federal recognition to an Indian tribe. There are 561 
federally recognized Indian tribes according to the GAO. Of those, 530 
were recognized by the Congress of the United States. That would be 
this body. That's 530 of 561. And none were recognized under the 
criteria that's being offered in this motion to recommit.
  I yield the balance of my time in opposition to the gentleman from 
North Carolina (Mr. McIntyre).
  Mr. McINTYRE. Thank you, Mr. Chairman. Let's just put this 
straightforward. This is yet another subterfuge. It's another attempt 
to push the Lumbees back yet again through political action. It's 
another attempt to send them back to the bureaucracy. And the last 
thing our American citizens deserve and that our Lumbee American 
citizens deserve is to be put back through a simple saying of, Go back 
to the bureaucracy. Let's once again let Congress skip its duty.
  Our United States Constitution itself says that the Congress--right 
there where it says, ``to regulate commerce with foreign nations and 
among the several States and with the Indian tribes.'' It is a 
congressional duty and responsibility.
  Now, they've gone through this process, we already explained, 11 
times. This is a 12th time being offered. That's what this is. And our 
Members should recognize this and also recognize that no other tribe 
that has received Federal recognition through an act of the United 
States Congress has had to go back through a verification process that 
is now proposed in this motion to recommit.
  Let's treat the Lumbees fairly. This would put them in a situation 
that would single them out to further treat them unfairly when they now 
have already been singled out, and we have been told by the Solicitor 
that we must resolve this problem.
  Mr. RAHALL. Madam Speaker, if I have time left, I yield to the 
gentleman from American Samoa.
  The SPEAKER pro tempore. The gentleman from West Virginia controls 
1\1/2\ minutes.
  Mr. RAHALL. I yield 1\1/2\ minutes to the gentleman from American 
Samoa.
  Mr. FALEOMAVAEGA. I just want to note for the record, as much as I 
respect my dear friend, the gentleman from Washington, I remember 
distinctly we had a hearing on this very issue, and the gentleman who 
wrote the regulations, the seven criteria that were outlined in terms 
of what these poor tribes had to go through, admitted before this 
committee, our committee, even he would not have been

[[Page 13838]]

able to seek recognition if this is the way the bureaucratic maze had 
to be conducted on how to recognize an Indian tribe.
  So I say this to my good friend from the State of Washington, we are 
setting precedent here to the effect that we have already recognized 
all other tribes, the six that we just recognized 30 minutes ago. There 
was no requirement they had to go back to one of the separate criteria 
in order to be recognized.
  This is the prerogative of the Congress. The Congress can pass this 
legislation to give recognition to this tribe. And I say this with all 
due respect to my good friend from Washington.
  Mr. RAHALL. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The SPEAKER pro tempore. The question was taken; and the Speaker pro 
tempore announced that the noes appeared to have it.
  Mr. HASTINGS of Washington. Madam Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on the motion to recommit will be followed by 
5-minute votes on passage of the bill, if ordered, and motions to 
suspend the rules on House Concurrent Resolution 109, and House 
Resolution 471.
  The vote was taken by electronic device, and there were--yeas 197, 
nays 224, not voting 12, as follows:

                             [Roll No. 296]

                               YEAS--197

     Adler (NJ)
     Akin
     Alexander
     Altmire
     Arcuri
     Austria
     Bachmann
     Bachus
     Baird
     Barrett (SC)
     Bartlett
     Barton (TX)
     Bilbray
     Bilirakis
     Blackburn
     Blunt
     Boehner
     Bono Mack
     Boozman
     Boren
     Boustany
     Boyd
     Brady (TX)
     Bright
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Carney
     Carter
     Cassidy
     Castle
     Chaffetz
     Chandler
     Childers
     Coble
     Coffman (CO)
     Conaway
     Courtney
     Crenshaw
     Culberson
     Davis (AL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeLauro
     Dent
     Donnelly (IN)
     Dreier
     Duncan
     Ehlers
     Ellsworth
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (NY)
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hill
     Himes
     Hoekstra
     Hunter
     Inglis
     Jenkins
     Johnson (IL)
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kissell
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Mack
     Maffei
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller, Gary
     Minnick
     Moran (KS)
     Murphy (CT)
     Murphy (NY)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Pence
     Perriello
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Quigley
     Radanovich
     Rangel
     Rehberg
     Reichert
     Roe (TN)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shea-Porter
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Smith (NE)
     Smith (NJ)
     Souder
     Space
     Stearns
     Stupak
     Tanner
     Taylor
     Teague
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (FL)

                               NAYS--224

     Abercrombie
     Ackerman
     Aderholt
     Andrews
     Baca
     Baldwin
     Barrow
     Bean
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bonner
     Boswell
     Boucher
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Castor (FL)
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (CA)
     DeFazio
     DeGette
     Delahunt
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lungren, Daniel E.
     Lynch
     Maloney
     Markey (CO)
     Markey (MA)
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy, Patrick
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Rahall
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Salazar
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Sherman
     Skelton
     Slaughter
     Smith (TX)
     Smith (WA)
     Snyder
     Speier
     Spratt
     Stark
     Sutton
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                             NOT VOTING--12

     Becerra
     Bishop (UT)
     Broun (GA)
     Davis (IL)
     Johnson, Sam
     Rogers (AL)
     Ros-Lehtinen
     Ruppersberger
     Sanchez, Linda T.
     Sanchez, Loretta
     Sullivan
     Wilson (OH)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members have 2 minutes 
remaining in this vote.

                              {time}  1532

  Messrs. BLUMENAUER, HOYER, ISSA, COLE, HODES, PASTOR of Arizona, 
PERLMUTTER, BERRY, ELLISON, STARK, WU, GUTIERREZ, LARSON of 
Connecticut, SALAZAR, MARKEY of Massachusetts, Mrs. McCARTHY of New 
York, Ms. JACKSON-LEE of Texas, Ms. BERKLEY, Mrs. MILLER of Michigan, 
Ms. FUDGE, Messrs. MELANCON, GRIFFITH, SHERMAN, KIND, TOWNS, Ms. 
KOSMAS, Messrs. BOUCHER, CLEAVER, Mrs. BIGGERT, Messrs. COSTA, ISRAEL, 
JOHNSON of Georgia, Ms. TITUS, Mrs. DAHLKEMPER, Messrs. SMITH of Texas 
and GORDON of Tennessee changed their vote from ``yea'' to ``nay.''
  Mr. HERGER, Mrs. BACHMANN, Messrs. BOYD, FRANKS of Arizona, FORBES, 
ADLER of New Jersey, Ms. DeLAURO, Ms. SHEA-PORTER and Mr. MARSHALL 
changed their vote from ``nay'' to ``yea.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. HASTINGS of Washington. Madam Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 240, 
nays 179, not voting 14, as follows:

                             [Roll No. 297]

                               YEAS--240

     Ackerman
     Aderholt
     Andrews
     Baird
     Baldwin
     Barrow
     Bean
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bonner
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine

[[Page 13839]]


     Butterfield
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Castor (FL)
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (KY)
     DeFazio
     DeGette
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Giffords
     Gohmert
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Heller
     Higgins
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Levin
     Lewis (GA)
     Linder
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (NY)
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Platts
     Polis (CO)
     Price (NC)
     Rahall
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Rush
     Ryan (OH)
     Salazar
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shimkus
     Simpson
     Skelton
     Slaughter
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stark
     Sutton
     Tauscher
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                               NAYS--179

     Adler (NJ)
     Akin
     Alexander
     Altmire
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Bilbray
     Bilirakis
     Blackburn
     Blunt
     Boehner
     Bono Mack
     Boozman
     Boren
     Boustany
     Bright
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Carney
     Carter
     Cassidy
     Castle
     Chaffetz
     Childers
     Coffman (CO)
     Cole
     Conaway
     Courtney
     Crenshaw
     Culberson
     Davis (TN)
     Deal (GA)
     Delahunt
     DeLauro
     Dent
     Dreier
     Duncan
     Ehlers
     Ellsworth
     Emerson
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Goodlatte
     Granger
     Graves
     Griffith
     Guthrie
     Hall (NY)
     Hall (TX)
     Halvorson
     Harper
     Hastings (WA)
     Hensarling
     Herger
     Herseth Sandlin
     Hill
     Himes
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Jones
     Jordan (OH)
     King (IA)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     Latta
     Lee (NY)
     Lewis (CA)
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Maffei
     Manzullo
     Marchant
     McCaul
     McClintock
     McCotter
     McHenry
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Moran (KS)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Myrick
     Neugebauer
     Nye
     Olson
     Paul
     Paulsen
     Pence
     Perriello
     Petri
     Pitts
     Poe (TX)
     Pomeroy
     Posey
     Price (GA)
     Putnam
     Quigley
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schauer
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shuler
     Shuster
     Sires
     Smith (NE)
     Smith (NJ)
     Stearns
     Stupak
     Tanner
     Taylor
     Teague
     Thompson (PA)
     Tiahrt
     Tiberi
     Turner
     Upton
     Wamp
     Wasserman Schultz
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (FL)

                             NOT VOTING--14

     Abercrombie
     Becerra
     Bishop (UT)
     Broun (GA)
     Davis (IL)
     Johnson, Sam
     Rangel
     Rogers (AL)
     Ros-Lehtinen
     Ruppersberger
     Sanchez, Linda T.
     Sanchez, Loretta
     Sullivan
     Wilson (OH)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members have 2 minutes 
remaining in this vote.

                              {time}  1541

  Mr. POMEROY changed his vote from ``yea'' to ``nay.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated against:
  Mr. McCARTHY of California. Mr. Speaker, during final consideration 
of H.R. 31, I inadvertently voted ``yea'' on rollcall 297. I intended 
to vote ``nay.''

                          ____________________