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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1312 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                S. 1312

_______________________________________________________________________

                                 AN ACT

 
    To amend a provision relating to employees of the United States 
 assigned to, or employed by, an Indian tribe, and for other purposes.

    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) 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.

            Passed the Senate December 16, 2005.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                                S. 1312

_______________________________________________________________________

                                 AN ACT

    To amend a provision relating to employees of the United States 
 assigned to, or employed by, an Indian tribe, and for other purposes.
```