Reducing Conflicts of Interests in the Representation of Indian Tribes Act of 2005

Bill: 109-s-1312
Sponsor: Sen. McCain, John [R-AZ]
Introduced: 2005-06-27 in the Senate
Policy area: Native Americans
Subjects: Conflict of interests
Federal employees
Federal-Indian relations
Government Operations and Politics
Government contractors
Government ethics
Law
Legal ethics
Minorities

Summary:
action_date: 2005-06-27
text: 
Reducing Conflicts of Interests in the Representation of Indian Tribes Act of 2005 - Amends the Indian Self-Determination and Education Assistance Act with respect to certain additional employment rights of officers and employees of the United States assigned to an Indian tribe, and former U.S. officers and employees employed by Indian tribes, to act as agents or attorneys for or appear on behalf of such tribes in connection with any matter pending before any department, agency, court, or commission.
 
Limits these additional employment rights of a former U.S. officer or employee employed by an Indian tribe to any former U.S. officer or employee who performs the same services, pursuant to a self-governance contract or compact under such Act, that the individual formerly performed for the United States.
 
Repeals the specific authority of such current or former U.S. officers or employees to act as agents or attorneys for or to appear on behalf of such tribes in connection with any matter pending before any department, agency, court, or commission. Authorizes such individuals, however, to communicate with and appear before any such department, agency, court, or commission on behalf of the Indian tribe, but only with respect to any matter relating to the contract or compact (including, as currently, any matter in which the United States is a party or has direct and substantial interest).
 

 

action_date: 2005-12-16
text: 
Reducing Conflicts of Interests in the Representation of Indian Tribes Act of 2005 - Amends the Indian Self-Determination and Education Assistance Act with respect to certain additional employment rights (exemption from conflict-of-interest prohibitions) of U.S. officers and employees assigned to an Indian tribe, or former U.S. officers and employees employed by Indian tribes, to act as agents or attorneys for or appear on behalf of such tribes in connection with any matter pending before any department, agency, court, or commission.
 
Limits these additional employment rights of a former U.S. officer or employee employed by an Indian tribe to any former U.S. officer or employee who is a tribal employee or an elected or appointed official of an Indian tribe carrying out an official duty.
 
Defines tribal employee as 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.
 
Repeals the specific authority of such current or former U.S. officers or employees to act as agents or attorneys for or to appear on behalf of such tribes in connection with any matter pending before any department, agency, court, or commission. Authorizes such individuals, however, to communicate with and appear before any such department, agency, court, or commission on behalf of the Indian tribe on any matter (including, as currently, any matter in which the United States is a party or has direct and substantial interest).
 
Revises requirements for notification by a former U.S. officer or employee of any personal and substantial involvement the individual may have had as a U.S. officer or employee with respect to the pending matter.


Legislative actions:
action_date: 2006-02-06
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2005-12-17
text: Referred to the Committee on Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-12-17
text: Referred to the Committee on Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-12-17
text: Referred to the Committee on Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-12-17
text: Message on Senate action sent to the House.
action_date: 2005-12-17
text: Received in the House.
action_date: 2005-12-16
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2005-12-16
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2005-12-16
text: Measure laid before Senate by unanimous consent. (consideration: CR S13943)
action_date: 2005-12-15
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 329.
action_date: 2005-12-15
text: Committee on Indian Affairs. Reported by Senator McCain without amendment. With written report No. 109-208.
action_date: 2005-12-15
text: Committee on Indian Affairs. Reported by Senator McCain without amendment. With written report No. 109-208.
action_date: 2005-06-29
text: Committee on Indian Affairs. Ordered to be reported without amendment favorably.
action_date: 2005-06-27
text: Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S7429)
action_date: 2005-06-27
text: Sponsor introductory remarks on measure. (CR S7429)
action_date: 2005-06-27
text: Introduced in Senate