H.R. 4680House108th Congress (2003-2005)In Committee

Tribal Labor Relations Act

Introduced June 24, 2004

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Employer-Employee Relations.

July 15, 2004

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HouseIntro Referral

Introduced in House

June 24, 2004

HouseIntro Referral

Referred to the House Committee on Education and the Workforce.

June 24, 2004

HouseCommittee

Referred to the Subcommittee on Employer-Employee Relations.

July 15, 2004

Floor Debate

24 members

What members said about H.R. 4680 on the floor

8 Republicans16 Democrats
W. J. (Billy) Tauzin
Rep. W. J. (Billy) TauzinR-LA-3 · Nov 21, 2003

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I hope you will all bear with me for a second as I tell a short story. I recently accompanied my son, Tom, who is 25 years old, to…

John M. Spratt, Jr.
Rep. John M. Spratt, Jr.D-SC-5 · Nov 21, 2003

Mr. Speaker, I rise in strong opposition to this bill. Mr. Speaker, when we began this quest several years ago, our object was to make Medicare better by filing a big gap in its coverage. This…

Benjamin L. Cardin
Rep. Benjamin L. CardinD-MD-3 · Nov 21, 2003

Mr. Speaker, I am very disappointed. I had hoped that I would have an opportunity to vote for a real prescription drug benefit within the Medicare system, or at least I would be able to vote on a…

Stephanie Tubbs Jones
Rep. Stephanie Tubbs JonesD-OH-11 · Nov 21, 2003

Mr. Speaker, I am proud to have had the opportunity to serve my first year on the Committee on Ways and Means. And I think it is important for America to know that, finally, we had an African…

Doug Bereuter
Rep. Doug BereuterR-NE-1 · Nov 21, 2003

Mr. Speaker, this Member wishes to add his support for the Medicare conference report and would like to commend the distinguished Chairman of the House Ways and Means Committee (Mr. Thomas); the…

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Michael N. Castle
Rep. Michael N. CastleR-DE · Nov 21, 2003

Mr. Speaker, I rise today in support of the Medicare Prescription Drug Conference Report, and thank all the Conferees for their dedication to providing relief for our seniors. This landmark…

C. W. Bill Young
Rep. C. W. Bill YoungR-FL-10 · Nov 21, 2003

Mr. Speaker, as one who represents the largest groups of senior citizens, older Americans who are on Medicare and Social Security, I rise in support of this bill. Mr. Speaker, I rise in support of…

James R. Langevin
Rep. James R. LangevinD-RI-2 · Nov 21, 2003

Mr. Speaker, I rise today gravely disappointed by, and opposed to, the Medicare Modernization and Prescription Drug Act of 2003. The 108th Congress has squandered our best opportunity yet to provide…

Ginny Brown-Waite
Rep. Ginny Brown-WaiteR-FL-5 · Nov 21, 2003

Mr. Speaker, I am one of those Republicans who grew up very poor. My dad was a Democrat. And I remember asking him why he was a Democrat, and he said because the Democrats protect the poor. What I am…

Fortney Pete Stark
Rep. Fortney Pete StarkD-CA-13 · Nov 21, 2003

Mr. Speaker, I yield myself 2 minutes. I first start by reminding the distinguished gentlewoman from Washington that the Seattle Times said that one suspects that many conservatives do not really…

Nancy L. Johnson
Rep. Nancy L. JohnsonR-CT-5 · Nov 21, 2003

Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman from Washington (Ms. Dunn). Mr. Speaker, I yield 2 minutes to the gentleman from Pennsylvania (Mr. English). Mr. Speaker, I yield myself 1…

Eliot L. Engel
Rep. Eliot L. EngelD-NY-17 · Nov 21, 2003

Mr. Speaker, for many years I have sponsored and worked for a real prescription drug bill for seniors and this bill breaks my heart. This bill is not a bipartisan bill. It is a Republican fraud. The…

J. Dennis Hastert
Rep. J. Dennis HastertR-IL-14 · Nov 21, 2003

Mr. Speaker, I thank the gentleman from Louisiana (Mr. Tauzin). I also want to thank those many, many staff members who spent uncounted hours, night and day, to help make this bill possible. I…

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Darlene Hooley
Rep. Darlene HooleyD-OR-5 · Nov 21, 2003

Mr. Speaker, despite the hard work and good intentions of many Members of Congress on both sides of the aisle, we have lost the forest for the trees, and so I rise today in opposition to conference…

John D. Dingell
Rep. John D. DingellD-MI-15 · Nov 21, 2003

Mr. Speaker, I yield myself 3 minutes. (Mr. DINGELL asked and was given permission to revise and extend his remarks.) Mr. Speaker, almost 40 years ago, this body enacted Medicare. It was a great…

Ted Strickland
Rep. Ted StricklandD-OH-6 · Nov 21, 2003

Mr. Speaker, I thank my friend for yielding this time. I probably will not need a minute to say what I want to say. But this bill was written by and for the pharmaceutical companies. Do the Members…

William M. Thomas
Rep. William M. ThomasR-CA-22 · Nov 21, 2003

Mr. Speaker, on behalf of seniors and taxpayers, pursuant to House Resolution 463, I call up the conference report on the bill (H.R. 1) to amend title XVIII of the Social Security Act to provide for…

Ike Skelton
Rep. Ike SkeltonD-MO-4 · Nov 21, 2003

Mr. Speaker, there is no truer indication of a nation's priorities than the investment it makes in the health of its citizens, particularly our senior citizens. Medicare was created nearly 40 years…

Nancy Pelosi
Rep. Nancy PelosiD-CA-8 · Nov 21, 2003

Mr. Speaker, I first I want to invite my colleagues to join me in expressing our appreciation to our Democratic conferees who have been true champions of a defined affordable prescription drug…

Ciro D. Rodriguez
Rep. Ciro D. RodriguezD-TX-28 · Nov 21, 2003

Mr. Speaker, I rise to express my strong opposition to the Medicare Prescription Drug Conference Report that we will be forced to vote on today. This bill has been crafted behind closed doors with…

Charles B. Rangel
Rep. Charles B. RangelD-NY-15 · Nov 21, 2003

Mr. Speaker, I ask unanimous consent to turn one-half of the time allotted to the distinguished gentleman from Michigan (Mr. Dingell), a member of the Committee on Energy and Commerce, the dean of…

Silvestre Reyes
Rep. Silvestre ReyesD-TX-16 · Nov 21, 2003

Mr. Speaker, I thank the gentleman for yielding me the time. Mr. Speaker, I have a long been a strong advocate for an affordable, comprehensive Medicare prescription drug benefit, but I am opposed to…

Bob Filner
Rep. Bob FilnerD-CA-51 · Nov 21, 2003

Mr. Speaker, I rise today to say shame on this body for passing this reprehensible Medicare bill that has been rammed through Congress today by the Republican leadership. This legislation does…

Rush Holt
Rep. Rush HoltD-NJ-12 · Nov 21, 2003

Mr. Speaker, I rise in opposition to this legislation. As my constituents in central New Jersey know, I have been working ever since I came to Congress to provide Medicare beneficiaries with coverage…

Bill Text

Latest available legislative text

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Introduced in HouseIssued June 24, 2004
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4680 Introduced in House (IH)]

108th CONGRESS
2d Session
H. R. 4680

To amend the National Labor Relations Act to ensure that Indian tribes
and any organizations owned, controlled, or operated by Indian tribes
are not considered employers for purposes of such Act.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 24, 2004

Mr. Hayworth introduced the following bill; which was referred to the
Committee on Education and the Workforce

_______________________________________________________________________

A BILL

To amend the National Labor Relations Act to ensure that Indian tribes
and any organizations owned, controlled, or operated by Indian tribes
are not considered employers for purposes of such Act.

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 ``Tribal Labor Relations Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) The United States Constitution recognizes Indian tribes
as sovereign government entities.
(2) Indian tribes have an inherent right to govern
themselves.
(3) Indian tribes and organizations owned, controlled, or
operated by Indian tribes engage in a variety of government
services and revenue raising activities in a manner similar to
State and local governments.
(4) The National Labor Relations Act (29 U.S.C. 151 et
seq.) exempts government entities from the Act's definition of
employer but does not expressly identify Indian tribal
governments as included within the government entity exemption.
(5) For 30 years, the National Labor Relations Board has
interpreted the general government entity exemption in the
National Labor Relations Act to exempt Indian tribes and
organizations owned, controlled, or operated by Indian tribes,
a precedent set forth in the Fort Apache Timber Company case in
1976 and in the Southern Indian Health Council case in 1988 and
affirmed by many Federal courts.
(6) On May 28, 2004, the National Labor Relations Board
issued a decision and order in the San Manuel Indian Bingo and
Casino case that reversed this 30-year National Labor Relations
Board precedent by holding that the National Labor Relations
Act does not exempt Indian tribes.
(7) The San Manuel Indian Bingo and Casino decision is an
affront to longstanding Federal Indian policy and practice to
treat Indian tribes as sovereign governments in a manner
consistent with the United States Constitution.
(8) An Indian tribe or an organization owned, controlled,
or operated by an Indian tribe has the inherent, sovereign
right to choose whether or not to enter into labor agreements
and should not be considered an employer for purposes of the
National Labor Relations Act.

SEC. 3. DEFINITION OF EMPLOYER.

Section 2 of the National Labor Relations Act (29 U.S.C. 152) is
amended--
(1) in paragraph (2), by inserting ``or any Indian tribe or
any organization owned, controlled, or operated by an Indian
tribe,'' after ``subdivision thereof,''; and
(2) by adding at the end the following:
``(15) The term `Indian tribe' means any Indian tribe, band,
nation, pueblo, or other organized group or community which is
recognized as eligible for the special programs and services provided
by the United States to Indians because of their status as Indians.''.
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