Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, in May of 2004, the National Labor Relations Board overturned 30 years of its own precedent and ruled that it has jurisdiction over…
Mr. Chairman, I offer an amendment.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, in May of 2004, the National Labor Relations Board overturned 30 years of its own precedent and ruled that it has jurisdiction over tribal government enterprises located on tribes' own sovereign lands. Where tribal law has governed relations between tribes and their employees, the National Labor Relations Board seeks to replace that law with its regulatory authority in this area. This decision by the NLRB is a frontal assault on tribal sovereign rights.
The National Labor Relations Act expressly exempts States, cities, and local governments from its coverage; and the NLRB has ruled that territorial governments, such as Puerto Rico and Guam, are also exempt from its jurisdiction. But the National Labor Relations Board incorrectly decided that it should exercise its own jurisdiction over tribal governments on their own lands. If this unfair decision stands, the only governments that will be subject to NLRB jurisdiction will be tribal governments.
There is a basic misunderstanding here, Mr. Chairman. The NLRB misunderstands that tribal governments, like State governments, rely upon government-owned enterprises to generate revenue to support governmental purposes, such as reservation law enforcement and fire services, and programs for the health, education and welfare benefit of tribal members. Consistent with the policy behind the NLRA exemptions for governments, private parties such as labor unions should not be able to hold government-owned enterprises hostage where disagreements arise.
Ironically, the NLRB specifically ruled against the San Manuel Band of Mission Indians, a tribe based in Southern California, that has enacted into its tribal law a tribal labor relations ordinance with greater, let me repeat this, with greater labor union rights than the National Labor Relations Act. In fact, the tribe has a collective bargaining agreement with the Communication Workers of America. The heavy-handed, activist NLRB overlaid an incompatible legal regime where a tribal one, agreed to on a government-to-government basis with the State of California, was in place and was, in fact, working. Now, San Manuel and other tribes have conflicting laws and great uncertainty about which law applies.
I strongly support the tribes in their efforts to protect their sovereign rights. Congress should reaffirm these rights and make clear that tribes are exempt from the NLRA, which was the view of the National Labor Relations Board until this misguided decision was promulgated.
There are certainly sound policy reasons for such a fix. Tribes are sovereign governments that exercise jurisdiction over their own territory. Although some Federal laws compel tribes to deal with other sovereigns, such as States, on a government-to-government basis, this NLRB decision would force tribes to deal with private entities, labor unions, for the first time, contrary to long-established Federal Indian policy.
But until Congress can consider a permanent solution to this problem, this amendment, Mr. Chairman, would have the effect of calling a temporary time out to allow this body to more thoroughly consider a more substantive solution, to avoid additional confusion among the tribes and to limit unnecessary conflict between tribes and labor unions.
Mr. Chairman, this amendment enjoys broad-based support from across the width and breadth of Indian Country. The National Congress of American Indians, the oldest and largest intertribal organization in the United States, and the National Indian Gaming Association strongly support this amendment. The San Manuel Band of Mission Indians, along with many other tribes, also have weighed in with strong support for this amendment.
Mr. Chairman, this is a question of sovereignty. We dare not equivocate nor abdicate the role of Congress in dealing with government-to-government relationships and the sovereignty that tribes enjoy. Accordingly, Mr. Chairman, I would urge all to vote in favor of this amendment because it is a vote that supports sovereignty for Indian nations and a vote for the fundamental rights of the first Americans to
maintain their status of sovereignty and their rights as sovereign governments.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself 1 minute.
Mr. Chairman, I have a great deal of respect for my colleague from Michigan, and it is an honor to cochair with my colleague the Native American Caucus in this body, and listening to his rationale in response, quite candidly, is a bit confusing because on more than one occasion we have stood united on this basic point, that sovereignty is nonnegotiable. Yet the foundation of his argument is that an amicable relationship exists between some in this House and some in organized labor and some in the tribes; and if they only have the time, they can work this out. Mr. Chairman, I find that rationale one that just does not pass muster.
Mr. Chairman, I yield 5 minutes to the gentleman from Ohio (Mr. Boehner), my friend.
Mr. Chairman, I yield 5 minutes to the gentleman from Ohio (Mr. Regula), the chairman of the subcommittee.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I thank my friend for yielding, and this would make the point. In terms of the negotiations in California, were they not, in fact, conducted on a government-to-government basis?
Mr. Chairman, I yield 30 seconds to my friend, the gentleman from California.
Mr. Chairman, if the gentleman will yield to me for that purpose.
The gentleman talked about the California situation and the negotiations that went on in the gentleman's home State. I would just simply ask: Were not those negotiations conducted with sovereign tribal entities negotiating with the State of California on a government-to- government basis?
Which is exactly my point.
Mr. Chairman, I yield myself 1 minute, and I would simply make the point in response that what we are dealing with here today, contrary to the comments of my friend from Rhode Island, sovereignty was not created in the wake of IGRA. Indeed, a part of the Indian Gaming Regulatory Act was a government-to-government negotiation between sovereign tribes and the respective States.
Now, with reference to what has gone on and what has been described as productive negotiations, yes, indeed, tribes met with several union officials in attempts to negotiate. Our understanding is essentially the negotiations went nowhere. And, Mr. Chairman, the tribes are in no position to negotiate because of this NLRB ruling. This amendment is an immediate solution for now, and it will fix this problem, offering a time out, until a final solution can be crafted.
Sovereignty is not conditional. We cannot accept it in some instances, but then, when it somehow is politically inconvenient, ignore it in others. That is why this amendment should be passed, and I ask my colleagues to join me in this.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself 1 minute.
It is interesting to listen to my friend, the gentleman from Ohio (Mr. Brown), try to characterize this amendment, when I think more accurately we would characterize this as a choice. And this is the choice to make in this Chamber, and, Mr. Chairman, especially for those who say time and again they are friends of sovereignty.
Are we, in fact, going to respect the provisions in Article I, section 8 of our Constitution that grants sovereign rights and sovereign immunity to Indian tribes in that document of limited and specified powers, or are we going to make a change for political convenience, for political alliances?
And I understand it may be very uncomfortable for some in this Chamber, but are we basically going to say, Mr. Chairman, that the rights of union negotiations supersede the rights of sovereignty?
Make no mistake, Mr. Chairman, in this Chamber, at this time, this decision will be made. And I would offer for
all to note that we should never suborn sovereignty for political convenience. We dare not make that mistake. Support this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself the balance of my time.
It is very simple at the end of day. I listened with interest to the gentleman from California (Mr. George Miller), who would not let me answer a question. It had nothing to do with my advocacy of any policy, simply the notion that negotiations take place on a government-to- government basis.
Now, much has been made of the National Labor Relations Act and the National Labor Relations Board; but many in this Chamber, friends who unfortunately line up on the other side of this issue today, often cite the document that trumps all of these organizations, the United States Constitution, article 1, section 8, that Congress shall have the power to regulate commerce with foreign nations and among the several States and with the Indian tribes.
Sovereignty is not situational. The Constitution of the United States trumps the National Labor Relations Act. It trumps any treaty, and tribes, as sovereign governments, should have the freedom to determine if this should go forward. Support this amendment.
Mr. Chairman, I offer an amendment.
Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I recognize the broad scope of this bill and how difficult it is to meet the challenges of funding on all the important programs.
Let me take time to commend the chairman of the subcommittee and his expert and able staff.
Mr. Chairman, I rise today to offer an amendment regarding the Social Security totalization agreement signed on June 29 by the Social Security Commissioner and her Mexican counterpart. Totalization agreements are bilateral agreements between the United States and another country to coordinate Social Security programs. Essentially, a totalization agreement eliminates the need to pay Social Security taxes in both countries when U.S. companies send workers to the other country and vice versa and it protects benefit eligibilities for workers who divide their careers between the two countries.
In a general concept, totalization agreements are desirable, but I would ask my colleagues to carefully review what is at stake in this recent decision and agreement involving Mexico.
By every account, Mr. Chairman, unfortunately, the Social Security Administration tried to slip Mexico totalization under the radar without coming to Congress, as the Social Security Administration had promised. This is a problem; and, therefore, it requires a response from this House.
I personally met with Social Security Commissioner Barnhart. I believe she is very capable and, on balance, has done a fine job. But following our discussions, I continue to believe that serious problems remain with this totalization agreement with Mexico.
The principal problem with the agreement is that our Social Security Administration assumes that only 50,000, only 50,000, Mexican workers will apply for Social Security benefits. But with estimates of over 4 million Mexican workers here illegally, I think the number in fact will be significantly higher.
To be clear, Mr. Chairman, this is not an immigration issue. This is a Social Security solvency issue; and if a mere 25 percent above that estimate of 50,000 apply, and I will do the math for you, that would mean 60,000 people actually take up benefits, the GAO has found it will be a financially significant drain on the trust fund.
Now, for purposes of full disclosure, obviously not every Mexican national working here illegally will suddenly qualify for Social Security. We passed and the President signed into law H.R. 743, the Social Security Protection Act, which keeps many illegal workers from assessing benefits. But, Mr. Chairman, a significant new population, perhaps hundreds of thousands, would have access to Social Security under this Mexico totalization agreement.
Specifically, it would be three groups: number one, workers who were illegal at one time, such as those with temporary work visas, who have fallen into illegal worker status by overstaying their visas; number two, the dependents of these once legal workers; and, number three, these Mexican workers who have worked more than six quarters in the United States and less than 40.
The 50,000 estimate that Social Security assumes will take advantage of these benefits are Mexicans working legally in the United States, and it does not account for these three groups I have detailed.
Now, to give an idea of how large a group are unaccounted for here, according to Citizenship and Immigration Services' most recent data in 2002, 166,000 Mexicans changed their status to permanent resident from a variety of other classifications, for example, visitor, temporary worker, no status, et cetera. Again, Mr. Chairman, that is 166,000 in 1 year.
The Social Security Administration assumes only 50,000 are here, when three times that received permanent resident status in 2002 alone; and that 50,000 will only grow at the rate of general population growth when hundreds of thousands more will move in and out of legal status each and every year. To assume that hundreds of thousands of these workers would pass up benefits is unrealistic.
Mr. Chairman, let me make this very clear. If only fully legal workers were to collect benefits under this totalization plan, I would not oppose it. But, Mr. Chairman, I have serious doubts that this would be the case.
The Social Security trust fund will begin spending more than it receives in the year 2018. In 2042, the trust fund will have spent up the surpluses it has built up. It will be totally bankrupt. Opening the floodgates to hundreds of thousands of illegal workers can only hasten the coming funding crisis facing Social Security.
I urge support for this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume.
I listened with interest to the comments of my subcommittee Chair, and I think it is worth noting in this debate, if there could be guarantees that a resolution of disapproval would be allowed to come to the floor, and one of my friends, the gentleman from Georgia (Mr. Collins) has drafted it, there would be no need for this amendment, and we could withdraw it. We have made that clear. But that guarantee has not been forthcoming. Therefore, the appropriations process is our opportunity for a floor vote.
Mr. Chairman, I yield 3 minutes to the gentleman from Michigan (Mr. Smith).
Mr. Chairman, I would note again for my friend from Illinois this is not an immigration issue, it is a solvency of Social Security issue.
Mr. Chairman, I yield 2 minutes to the gentleman from Virginia (Mr. Goode).
Mr. Chairman, to further demonstrate that this issue transcends normal partisanship, I am pleased to yield 2 minutes to the gentleman from Oregon (Mr. DeFazio), my friend from the other side of the aisle.
Mr. Chairman, I yield 2 minutes to my friend, the gentleman from California (Mr. Rohrabacher).
Mr. Chairman, to close out advocacy on this amendment, I yield the remaining minute to my friend, the gentleman from Indiana (Mr. Hostettler).
(Mr. HOSTETTLER asked and was given permission to revise and extend his remarks.)