[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1312 Referred in House (RFH)]
109th CONGRESS
1st Session
S. 1312
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IN THE HOUSE OF REPRESENTATIVES
December 17, 2005
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
_______________________________________________________________________
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:
EMILY J. REYNOLDS,
Secretary.