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tv   U.S. House of Representatives U.S. House of Representatives  CSPAN  January 10, 2018 4:00pm-6:01pm EST

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the speaker pro tempore: on this vote the yeas are 233, the nays are 181. the resolution is adopted. and, without objection, the motion to reconsider is laid on the table. he house will come to order. members are requested to take their seats and remove their conversations from the well. members are requested to take their seats.
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members are requested to take their seats. members will clear the aisles and remove their conversations rom the house. members will clear the aisles and remove their conversations rom the house. for what purpose does the gentleman from wisconsin seek recognition?
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the gentleman is recognized. the speaker: my colleagues, i rise for a very happy purpose that the to recognize honorable don young of alaska is the new dean of the house of representatives. all right. the tradition of having a dean that dates back centuries to the house of commons. it is an honor that goes to our longest continuous serving member. don young is one of only 28 americans in our history of this nation to serve more than 40 years in this house.
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as you can see, he has a very bright future ahead of him. don, i want to be clear at the outset that there are limits to the dean's duties. for instance, you cannot have a bear skin in the chamber -- house chamber. ou still cannot reserve seats. the dean has responsibility of swearing in the speaker. rather that's swearing in the speaker, not swearing at the speaker. all right. this milestone is a real -- it's not just a matter of longevity but the word that comes to mind when you think of don young, loyalty. this man is fiercely loyal. don young is fiercely loyal to alaska. he fights hard for what he believes is right. just look at anwr. i know it's controversial.
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don young -- we have been talking about doing tax reform for 30-plus years here. don young has been working on anwr for 45 years. when we passed h.r. 1 here in the house, that was the 13th time he passed an anwr bill and it finally made it into law. achievements like this just don't happen overnight. they require leaders willing to carry on a torch what may. as we all know, don young is not -- he's not the kind of guy that will let anything or anyone get in his way. he's loyal to his family and his friends which includes many, many members of this body. he can be direct, but you always know where he stands or more importantly you always know where you stand with him. here he comes. but most of all, as our dean, don young is loyal to this institution.
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on that we all know. decades on, don young believes as much as anyone in the value of the work that we do here, and as don young himself has so characteristically put it, those that think that i might retire, quote-unquote, i will not do. he believes in this institution. he believes in the work he does. this on his 16,374 day in the house, we extension tend our congratulations to don, to ann. thank you for your service to alaska and thank you for your service to this country, don young. the speaker pro tempore: for what purpose does the gentleman
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from california seek recognition? ms. pelosi: mr. speaker, i rise to honor congressman don young. the speaker pro tempore: the gentlewoman is recognized. ms. pelosi: i rise to join our distinguished speaker in honoring congressman don young who asends to the position of dean of the -- ascends to the position of dean of the u.s. house of representatives following nearly 45 years of proud service on behalf of the people of alaska. congressman young also holds the distinction of serving as the first dean of the house from the republican party in 80 years. congratulations. on behalf of the democratic caucus, let me extend my congratulations to don, to his wife, ann, and his entire family. despite our differences, it is clear that don cares deeply about our nation. don serves because in his words he's enthusiastic about meeting people and trying to solve their problems.
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a former teacher, he's an advocate for quality education for all. as a former u.s. army tank operator, he believes in ensuring that service members, families and veterans have the care they have earned. and in honor of his late beloved wife lou young, he's been a champion for the native children of alaska. thank you, dean. the motto my colleagues of the state of alaska is north to the future. in his commitment to progress and better futures for the people of alaska, don honors those words. the dean of the house has the the oath dministering to the speaker which begins, i will support and defend the constitution of the united states against all enemies, foreign and domestic. as dean, congressman young will
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now have the special responsibility not only of defending the constitution but of defending the integrity and dignity of this institution which he has done all along. following in the footsteps of great leaders before him, sam rayburn, john quincy adams, carl vincent, it is now don's solemn duty to help foster a climate of civility in the congress and to hold our colleagues accountable. why are you laughing, don? for the behavior of raising a high standard for this body. i told don i will tell you this story when i just congratulated him. don has been very helpful to us army post from an to a kind of national park. i hope you consider that part of your legacy that you were part of establishing that in
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san francisco. i am ready to welcome you anytime you are ready for that, don. but in the course of our conversations over those times, i noticed one day that don had on this beautiful tie. it had like a bald eagle. it had a baby seal. it had these beautiful animals on it. and i said, oh, don, what a lovely, beautiful environmental tie you have on. e said, i call it lunch. again, we know that don young will always honor the important obligations as he always has and now his new obligations as dean of the house of representatives. that's historic. congratulations, and thank you for your service. thank you.
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the speaker pro tempore: does the dean of the house seek recognition? mr. young: i ask unanimous consent to address the house for a minute. the speaker pro tempore: the gentleman is recognized. mr. young: that's right. you got it right. first, let me thank the speaker and the majority -- minority leader for their introductions. i have been in this house 45 years with nine speakers, nine presidents. i have been in this house with 2,000 members that are left. i love this body. and i can suggest one thing. my greatest honor has been able
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to achieve results for my state. i am the only congressman from the whole state of alaska and i love it. it's my responsibility to represent the state and this house as a single person to do the job i have been asked to do. one of the things that i have enjoyed is the friendships. i don't think there is an enemy in the house. i worked across the aisle, mmy oberstar and i never had an adversarial vote any one time on the transportation committee. now, when george miller was the minority miller, we had a lot of arguments and a lot of disagreements, but we hunted together and we ate together. i believe in bipartisanship. i believe in this body to lead this nation. nine presidents, the house has its job to do regardless who the president is. i want to thank my wife who is
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in the audience up there in the gallery. give her a hand. man gets lucky usually once in his life. i got lucky twice. my past wife was with me for 46 1/2 years. this new wife of mine has been with me about eight years now. i want the state to pay her because she keeps me alive and she likes what i do. so i want to thank my colleagues. now, i will not change being the dean. i will still holler, vote. i will sometimes get out of line. but in doing so remember it comes from my heart. and my heart is in this house. thank you very much.
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the speaker pro tempore: without objection, five-minute voting will continue. the unfinished business is the vote on ordering the previous question on house resolution 681 on which the yeas and nays are ordered. the clerk will report the title of the resolution. the clerk: house calendar number 115, house resolution 681, resolution providing for consideration of the bill senate 140, to amend the white mountain apache tribe water rights quantification act of 2010 to clarify the usual of amount of the wmat settlement fund. the speaker pro tempore: the question is on ordering the previous question. members will record their votes by electronic device. this will be a five-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is
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expressly prohibited by the u.s. house of representatives.]
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the speaker pro tempore: on this vote the yeas are 234, the nays are 181. the previous question is ordered. the question is on adoption of the resolution. those in favor say aye. those opposed, no. in the opinion of the chair, the ayes have it. mr. polis: mr. chairman, on that i request a record vote. the speaker pro tempore: a ecorded vote is requested. those in support of the request for a recorded vote will rise and be counted. a sufficient number having arisen, a record vote is ordered. members will record their votes by electronic device.
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this is a five-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]
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the speaker pro tempore: on this vote the yeas are 227 and the nays are 181. the resolution is adopted. without objection, a motion to reconsider is laid on the table. the house will come to order.
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the house will come to order. members will remove themselves from the aisles and take their conversations off the floor. the house will come to order. members will remove themselves from the aisles and take their conversations off the floor. the house is not in order. members will remove themselves from the aisles and take their conversations off the floor.
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for what purpose does the gentleman from california seek recognition? mr. lamalfa: mr. speaker, i ask unanimous consent that when the house adjourns today it adjourn to meet at 9:00 a.m. tomorrow. the speaker pro tempore: without objection, so ordered. the house will come to order. members will remove themselves from the aisles and take their conversations off the floor.
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for what purpose does the gentleman from california seek reck fission? mr. lamalfa: mr. speaker, -- seek recognition? mr. lamalfa: mr. speaker, i call up s. 140 and ask for its immediate consideration in the house. the speaker pro tempore: the clerk will report the title of the bill. the clerk: senate 140, an act to amend the white mountain apache tribe water rights quantityfication act of 2010, to clarify the use of amounts in the wmat settlement fund. the speaker pro tempore: pursuant hoh to house resolution 681, be a amendment in the nature of a substitute consisting of the text of rules committee print 115-54 is adopted and the bill as amended is considered read. the bill as amended shall be debatable for one hour, equally divided among and controlled by the chair and ranking member of the committee on education and the work force and the committee on natural resources. the gentleman from california, mr. lamalfa, the gentleman from
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arizona, mr. grijalva, the gentleman from michigan, mr. walberg, and the gentleman from virginia, mr. scott, each will control 15 minutes. the chair now recognizes the gentleman from california, mr. lamalfa. . mr. lamalfa: thank you, mr. speaker. i ask unanimous consent that all members may have five legislative days to revise and extend their remarks and include extraneous material on s. 140. the speaker pro tempore: without objection, so ordered. mr. lamalfa: all right, mr. speaker. i yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. lamalfa: i rise in support today of s. 140, as amended, which consists of three sections, promoting tribal self-governance and sovereignty over their lands, resources and businesses belonging to indian tribes. section 1 of s. 140 amends current law to ensure completion of a tribal water system in arizona that makes a chnical amendment to the white mountain apache tribe to clarify any costover runs associated with the tribe's
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rural water system provided it falls within existing authorizing level. this provision provides the white mountain apache tribe and department of interior certainty there will be sufficient funds to complete the rural water system. section 2 of s. 140 is identical to s. 249, a bill referred to the subcommittee on indian, insular and native alaskan committee which i chair. they reported it favorably on july 24, 2017, by unanimous consent. section 2 amend what is is commonly known as a long-term leasing act to authorize two indian pueblos in new mexico to release their restricted fee lands subject to approval of the secretary of the interior. it may be for nonmineral development. to lease their trust in restricted lands, the terms of
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the leases may not exceed 25 years. this bill will authorize the pueblos of santa clara and ohkay owingeh to lease their restricted fee lands for terms up to 99 years. congress has amended the long-term leasing act more than 40 times to adjust the terms and conditions of leases of indian lands and to authorize leases indian lands by their indian owners for a term up to 99 years subject to the approval of the secretary. now, while the natural resources committee doesn't have jurisdiction over section 3 of s. 140, i wish to express my full support for promoting tribal self-governance by giving tribes parity with states and local governments for purposes of the national labor relations act. tribal self-governance means a tribe may make their own laws and be governed by them. since president nixan launched indian self-determination,
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tribes assumed when they assume management and control over their own affairs, they actually outperform the federal government. thus, section 3 of s. 140 will continue to enhance the policies of tribal's tribal self-determination which they have enjoyed strong bipartisan, bicameral support for these measures. s. 140, as amended, is fully consistent with promoting this important tribal economic opportunity and freedom to do as they see fit. i urge a yes vote on the bill and reserve the balance of my ime. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from new mexico. mr. grijalva: thank you, mr. speaker. we will follow a bill package that follows a familiar playbook for the house republican playbook. this is a latest attempt to push a highly partisan agenda by combining that divisive proposal with noncontroversial
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items. today's bill includes two bills which passed the senate and house natural resources committee by unanimous consent. one would make a technical correction to a previously passed water settlement and the other would clarify two pueblos in new mexico should receive equal treatment when leasing their lands. unfortunately, instead of quickly passing these bills as suspensions and sending them to the president to be signed into law, house republican leadership decided to take -- to take those two bills postage and combine it with a highly divisive bill that's likely not going to go anywhere, h.r. 986, section 3 of this legislation which i do not support. this political stunt seems doomed to fail. the only thing it will accomplish is wasting everyone's time. eanwhile, it lists the bills critical to the tribes that sit in the natural resources committee and ignored by the majority. for example, we could be moving legislation that would protect
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and preserve native american artifact or legislation that would address issues at indian health service or legislation to codify meaningful and robust tribal consultation process and we could be here today passing the bipartisan bill known as act. ean tirtiary these bills deserve the attention. they are promoting by not only indian country but many, many members in a bipartisan fashion in this house. so i hope we can move past these petty political games soon which people are sick of having to see. i urge my colleagues across the aisle to change course, stop blocking consensus bills by joining them with divisive, contentious proposals. with that, mr. speaker, i reserve the balance of my time. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from california is recognized. mr. lamalfa: mr. speaker, i'd like to yield three minutes to the gentlelady from south
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dakota, mrs. noem. the speaker pro tempore: the gentlelady from south dakota is recognized for three minutes. mrs. noem: thank you, mr. speaker. i thank the chairman for yielding. i rise in support of s. 140. i strongly support this bill but i want to speak today about one particular piece of it. the tribal labor sovereignty act which i helped introduce along with mr. rokita. mr. speaker, i often stand in this house to oppose interference from the heavy-handed of federal government and this is no different. in 2004 the national labor relations board unilaterally decided that it needed to meddle in the affairs of tribally owned businesses on tribal lands. this is a board that was set up to oversee union elections but has become the bureaucratic arm of big labor. by further expanding its jurisdictions the nlrb threatened the foundation of indian law, the principle of tribal sovereignty and limits of a small federal government. since the obama administration implemented this incredible government overreach, tribes wanted to clarify the nlrb's jurisdiction does not extend to tribes.
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the conservative small government legislation we consider today would make that necessary correction. native american tribes around the country and especially in my home state of south dakota are plagued with grinding unemployment and poverty, substance abuse and poor health care. they continually seek economic development through self-determination and the last thing they need when trying to improve economic opportunities for their citizens is a federal bureaucracy further meddling with their efforts. quite frankly, mr. speaker, i believe that subjecting native american tribes to national labor relation board rules is yet another sign that some still want the federal government to interfere with tribal decisionmaking. i have sponsored the national labor sovereignty act and this bill and this house passed it multiple times. i'm proud that many south dakota tribes have long supported the bill, including the cheyenne river sioux tribe, great plains tribal association. i urge my colleagues to
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withdraw the heavy hand of government and support tribal sovereignty and i yield back. the speaker pro tempore: the gentleman from california reserves. the gentleman from arizona is recognized. mr. grijalva: thank you, mr. speaker. may i inquire as to how much time i have on my side? the speaker pro tempore: the gentleman has 13 minutes remaining. mr. grijalva: thank you, mr. speaker. i ask for unanimous consent, mr. speaker, so that representative -- the representative of virginia, the ranking member of the education and work force committee, representative scott, may control the remainder of my time. the speaker pro tempore: without objection, so ordered. mr. grijalva: thank you. the speaker pro tempore: the gentleman from virginia is recognized. mr. scott: thank you, mr. speaker. mr. speaker, i rise in opposition -- i yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. scott: mr. speaker, i rise in opposition to s. 140. as been pointed out, buried in section 3 of this otherwise uncontroversial land bill is the text of h.r. 986, the tribal labor sovereignty act. this nongermane provision would strip thousands of employees of their rights and protections under the national labor relations act, the tribal enterprises located on tribal lands.
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at issue is in the tribal labor sovereignty act are two solemn, deeply rooted principles. first, the right that indian tribes possess in matters of self-local government and, second, the rights of workers to organize unions, bargain collectively and engage in concerted activities for mutual aid and protection. rather than attempting to balance these two important principles, the bill chooses sovereignty for some over human rights of others. i would note approximately 75% of workers employed at tribal casinos are not members of the tribes running the casino but this bill would strip labor rights of hundreds of thousands of these workers as well as those who are actually members of the tribes. in doing so, this legislation would abandon the carefully drawn balance between tribal sovereignty and workers' rights that was adopted in the sam manuel decision by a republican-led national labor relations board in 2004.
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perhaps prompted by litigation, this board ruled that the national labor relations act will only apply if it does not impact the exclusive rights of self-governance in purely intramural matters or rights by treaties. it is based on legal principles governing federal laws or general applicability with respect to indian tribes that have been upheld by appeals courts by over 30 years. that's why courts ruled tribes must comply with labor and employment laws such as the fair labor standards act, the occupational safety and health act, osha, the employee retirement income security act, erisa, and the employee mandate of the affordable care act. yet, this bill singles out the national labor relations act on the ground tribes must be given parity with state and local governments which statutorily are exempt from the nlra.
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maybe states and localities should have been considered but the statutes are clear they are exempt. this is not a reason why tribes should be exempt from an otherwise generally applicable law. furthermore, state and local governments covered under title 7 of the civil rights act whereas tribes are expressly exempt. for employees of -- for tribal enterprises, therefore, unions are the sole protection under federal law against discrimination. including sexual harassment, because they can negotiate a collective bargaining agreement that enforces employee's rights to be free from such conduct. democrats and republicans together have insisted that our trading partners abide by and enforce basic labor rights anytime we do a trade deal, and congress has repeatedly require these obligations in trade agreements. but today, the house will vote on a bill that takes away the insurance that employees have
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for the freedom of association if they are employed in many tribal casinos. this creates a fair question -- would this legislation place the united states in breach of any of the trade agreements that are now in effect? according to the international labor organization, in an opinion on a similar bill a few years ago, it would in fact put us in breach of trade agreements. we should be -- we should be able to fashion compromises that frankly protect both workers' rights and tribal sovereignty. but what's before us today fails that test. there is no principal basis for stripping hundreds of thousands of workers from the right to join a union, negotiate better wages simply because they happen to work in a commercial enterprise on tribal lands. i urge a no vote on the bill and reserve the balance of the time. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from california is recognized. mr. lamalfa: mr. speaker, i'd like to yield two minutes to the gentleman from new mexico, mr. pearce.
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the speaker pro tempore: the gentleman from new mexico is recognized for two minutes. mr. pearce: thank you, mr. speaker. i thank the gentleman from california for yielding and for his work on this bill. as he mentioned in the opening statements, there is a provision in the bill that allows the santa clara, ohkay owingeh 99-year leasing program to move forward. that's in resolution to long standing problems we he face there. so jump a significant problem that affects these two units but also the underlying concept that we're going to recognize the sovereignty of our tribes. as many people know, some of the tribes are faced with just very difficult poverty conditions throughout the history of their tribes since they've been on the reservations and i work with close friends of mine who are trying to solve these problems and to find resolution to long-term prosperity on the indian reservations so when the national labor relations board reversed its long standing
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status of recognizing the sovereignty of our nation, 70 years they recognized that. in 2004 they simply reversed it without much explanation, without any warning, and certainly without precedent. it has caused things to be much more difficult, especially in states like new mexico. so the tribal leaders are saying that we should be sovereign, we should be allowed to make these sorts of decisions ourselves without the federal government coming in and putting the bureaucracy there. the underlying concept of the bill is one that simply says, we he want prosperity on -- we want prosperity on native american lands, we want their sovereign actions to take care of themselves, to move themselves forward. that's what the entire nation says that's the american dream. let's let that occur for the native americans in this country. i think the provisions of the bill are very important. we've been working for six years now, native american housing, another way to help move prosperity into native american lands.
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again, support the concept of the bill. would yield back. the speaker pro tempore: the gentleman is recognized. >> i yield two minutes to the gentleman from northern mariana islands, mr. sablan. the speaker pro tempore: the gentleman is recognized for two minutes. mr. sablan: i rise in opposition to s. 140 because it includes h.r. 986, the tribal sovereign labor sovereignty act of 2017. the effect of this legislation would be to strip employees who work at businesses owned and operated by an indian tribe, located on indian lands, of the protections aforded by the national labor relations act. i am one of the native people of the northern mariana islands and fully appreciate the importance of tribal sovereignty for native americans. however this legislation does not properly reconcile the
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interests between sovereign rights and rights of workers. at least 75% of employees at tribal casinos are not tribal members and in some cases as few as 1% of employees are member of the tribes operating the casino. these workers have no say in the decision making of tribal governments. work verse the right to organize, to collectively bargain and to protect the right o have a safe workplace, providing for themselves and their family. they should not be stripped of this right due to the geography of this the workplace. tribal and federal laws should be able to coexist without stripping workers of their rights under the national labor relations act. i yield back. the speaker pro tempore: the gentleman yields -- gentleman yields back, the gentleman from virginia reserve the gentleman from california. >> i reserve. the speaker pro tempore: the gentleman from virginia is
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recognized. mr. rush: i yield two minutes to the gentleman from california, mr. takano. the speaker pro tempore: the gentleman is recognized for two minutes. mr. takano: i rise in strong opposition to s. 140 which would strip protections from workers who are employed by tribal -- ia bible -- by a tribally owned business but are not tribal members. this includes protection from harassment and discrimination in the workplace. title 7 of the civil rights act which prohibits employers from discriminating against employees does not apply to tribal enterprises. a nontribal worker employeed by a tribally ened casino, for example, cannot file a harassment or discrimination claim in a federal court or with the equal employment opportunity commission. instead, collective bargaining agreements fill the gap by
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including provisions that enforce their right to a fair workplace. by stripping their collective bargaining right, this legislation eliminates the only recourse that these workers have against discrimination and harassment. this is one of the many unacceptable consequences of this bill. now i have two letters, one from the teamsters, and one from the american federation of state, county, and municipal employees. both of which raise strong objections to the majority's attempt to exclude workers from the rights enshrined in the national labor relations act. i ask unanimous consent to insert these letters into the record, mr. speaker. the speaker pro tempore: without objection. mr. takano: thank you, mr. speaker. i strongly urge my colleagues to oppose this legislation and i yield back the balance of my time. the speaker pro tempore: the gentleman yields back.
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the gentleman from california, mr. lamalfa, is recognized. mr. lamalfa: mr. speaker, in summary, the federal government had a very spotty record over the many decades of its treatment of native american indian tribes in this nation. for us to not act in order to countermand what the national labor relations brd has done on its own would be a mistake. it would be wrongheaded in that we're going to have the types of relations, government-to-government relations with those in this country that level of respect, then congress needs to act, congress needs to maintain that relation. and so for local governments, state governments to have this protection if the nlra and tribes not to then we'd be making a severe mistake to not take action here today with this legislation so with that, i urge strong support for all portions
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of s. 140 today and i yield back the balance of my time. the speaker pro tempore: the gentleman from california yields back the balance of his time. the gentleman from virginia is recognized. mr. scott: i yield two and a half minutes to the gentlelady from illinois, ms. schakowsky. ms. schakowsky: i thank the gentleman for yielding. i support tribal sovereignty. i also support workers' rights to unionize and collective bargaining, to improve their workplace, and the lives of their families. those rights must be balanced but they are not in this bill. union members have a collective voice to fight for higher wages, better benefits, and for workplaces, fewer injuries, fewer deaths, lower rates of gender-based violence. after unite here union found that 58% of hotel workers and 77% of latino workers in the chicagoland where i'm from, had
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been sexually harassed they won a contract that includes panic buttons to protect workers. labor rights are fundamental. but under this bill, workers at tribal owned businesses, casinos and hotel, construction and other industries would lose those rights. remember, three out of four workers employed in tribal casinos are not tribal members. those workers could end up with no way to bargain for fair wages, appeal, unfair disciplinary actions or acts against sexual harassment. looking at a similar bill on the -- in the last congress, the international labor organization stated, quote, it would appear likely that an exclusion of certain workers from the national labor relations act and its mechanisms would give rise to a failure to ensure to these workers their fundamental freedom of association rights absent any assurances that there
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were tribal labor laws that provide the same rights to all workers, unquote. there is no such requirement in this bill. reject this unfair and unbalanced bill. i ask unanimous consent that the opinion from the international labor office organization being incloo -- be included in this record. the speaker pro tempore: without objection. ms. schakowsky: i yield back. the speaker pro tempore: the gentlelady yields back. the gentleman from virginia reserve. the gentleman from michigan is recognized. >> mr. speaker, i rise in strong support of s. 140 and yield myself as much time as i may consume. the speaker pro tempore: the gentleman is recognized. >> thank you, mr. speaker. mr. speaker, i rise today in support of the tribal labor sovereignty act, a provision in the pending legislation that will end the national labor relations board's alarming
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overreach into businesses erated on sovereign tribal lands. mr. walberg: in march of 2017, the subcommittee on health, employment, labor, and pensions, which i have the privilege of chairing, held a heerning this legislation and heard from native mesh business leaders on how the nlrb's arbitrary use of its jures kix had been harming businesses large and small on tribal lands. leaders of the national -- the native american community testified before the subcommittee on how the nlrb had meddled in the day-to-day operations and management of nate i have mesh businesses. often dragging out matters for years. to make matters worse, the proceedings led by the nlrb are creating burdensome legal costs for businesses who are seeking to provide high quality goods and services to native american communities. while members of the nlrb have
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changed and have begun to make great progress in reversing some of the board's most damaging decisions, congress needs to make it clear that tribal labor sovereignty must be safe from future washington overreach. the tribal labor sovereignty act will clarify the national labor relations act and reverse the troubling encroachment of the federal government on tribal lands. congress has the opportunity to stand up for sovereign rights of native americans. and the businesses they own and operate on their lands. these tribes have created their own system of labor protections for employees and employers consistent with their lands and traditions. and it's not for washington bureaucrats to tamper with those protections. i urge my colleagues to support the sovereignty of all native --
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native american tribes and pass the underlying bill. i reserve the plans of my time. the speaker pro tempore: the gentleman reserves. the gentleman from michigan is ecognized. >> i yield three minutes to the gentleman from wisconsin, mr. pocan. the speaker pro tempore: the gentleman is recognized. mr. pocan: i rise in opposition to this bill. i support tribal sovereignty. my home state of wisconsin, several tribes are in my red cliff, hnida, bad river and other tribes all reside in my home state and i'm glad to support the autonomy of those tribal nations. but this bill isn't about tribal sovereignty, it's about going after workers' rights. look at the track record of the majority in this congress.
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the republicans have continued to go after workers' rights as they have so far. they've repealed a rule that required companies seeking large federal contracts to disclose violations of labor laws. and they made it harder for people whose jobs are shipped overseas to get unemployment insurance. they made it harder for workers whose employees don't offer -- employers don't offer retirement plans to save for retirement and they repealed an osha rule requiring employers to maintain accurate records of serious workplace injuries for five years while the administration drastically reduces the number of osha inspectors. this bill isn't about meaningful sovereignty. it's about selective sovereignty because it only gos after labor rights. if this is a bill about sovereignty, it would include a number of other areas that tribes are compelled to follow in addition to the national labor relations act. the occupational safety and
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health act, osha, the employer retirement income security act, erisa. the family and medical leavell act and the public acome cases of the americans with disabilities act just to start. if this bill was about sovereignty it would exempt osha and erisa and fmla for starters but it doesn't do that. this bill only exempts labor protections for hundreds of thousands of workers, tribal members and nonmembers. because the majority in this congress isn't really worried about sovereignty, it's concerned about taking away the rights of workers. and that is what this bill is really about. mr. speaker, if this body wants to help tribes, i am here to help. bring a bill to the floor that covers all exempted areas and that's a bill that i could support. but that's not what is in front of us today. mr. speaker, i ask unanimous consent that letters of
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opposition from the international union of operating engineers, united auto workers, yibetted food and commercial workers and unite here are entered into the record. the speaker pro tempore: without objection. the gentleman yields back the balance of his time. the gentleman is recognized. mr. lamalfa: thank you, mr. speaker. i recognize those -- mr. walberg: thank you, mr. speaker. i recognize those in opposition but 150 tribes stand in support of this and we are delighted to listen to that and work for a solution here. it now gives me a great honor to recognize for three minutes the distinguished gentlelady from north carolina, the chairwoman of the education and work force committee. the speaker pro tempore: the gentlelady is recognized for three minutes. ms. foxx: thank you, mr. speaker. i thank you, chairman walberg, for wielding time. i rise in support of the dppings --fish yielding time. i rise in support of the tribal
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sovereignty act, a long overdue provision in this legislation before us today. for nearly 70 years, the national labor relations board respected the sovereignty of tribes throughout the country and allowed tribes to adjudicate labor issues within the laws an standards of each tribe. however, in 2004, nlrb began to change its long-standing practices and adopted subjective tests to determine when it wanted to assert its jurisdiction in matters involving native american tribes. these subjective tests are applied on an arbitrary, case-by-case basis and are having an impact on tribal businesses that are operated on sovereign tribal lands. tribal business leaders have been asking congress to respect their sovereign rights and end nlrb's inconsistent and misguided decisions when it comes to labor decisions dealing with tribal businesses.
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this bill, sponsored by mr. rokita, stops the nlrb from picking winners and losers when it comes to tribal businesses and the -- the bureaucratic overreach conducted by the nlrb in recent years. most importantly, this legislation protects the sovereignty native americans deserve and ensures tribes have control over their own labor relations and ultimately determine what's best -- what works best for workplaces on tribal lands. bipartisan support for tribal sovereignty has been reaffirmed time and again by congress, and for more than 180 years, the supreme court has held that tribes possess a nationhood status and return inherent powers of self-government. it's time we strip unelected bureaucrats to the power they abuse and respect the rights of
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native american tribes. i wish to thank representative todd rokita for introducing and championing the tribal labor sovereignty act and ask members to support this important clarification to federal law. i yield back the balance of my time. the speaker pro tempore: the gentlelady yields back the balance of his time. the gentleman from michigan reserves. the gentleman from virginia is recognized. mr. scott: can you advise how much time is left on both sides? the speaker pro tempore: the gentleman from virginia has 15 1/2 minutes remaining. the gentleman from michigan has 9 1/2 minutes remaining. mr. scott: thank you. mr. speaker, i yield two minutes to the gentlelady from ohio, the ranking member of the appropriations subcommittee on energy and water development, ms. kaptur. the speaker pro tempore: the gentlelady from ohio is recognized for two minutes. ms. kaptur: i want to thank ranking member scott for yielding me this time. i rise in opposition to this bill. you know, it was in 1935 that this body enacted the national labor relations act. it guaranteed basic rights to private sector workers, to
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organize, for unions to engage in contractual bargaining for decent wages and better conditions at work and to take joint action, if necessary. but in 1935, just like today here, 2018, the republican party and business interest vehemently oppose passage of any laws that help workers. little has changed. once again, our republican colleagues trample on the backs of workers. this legislation rolls back proven protections that allow wages to rise in places like california and their casinos from $10 an hour to $13 an hour. now, these modest pay increases have helped elevate the workers who work in those casinos above the federal poverty level. who's ever tried to buy a house in california or tried to live on $13 an hour, $10 an hour?
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you're not talking about a whole lot of money there. but, you know, it's especially from a party that gave $1 trillion away to the people at the very top. but with this bill, our republican colleagues chose to strip these hundreds of thousands of workers, the majority of whom are not members of tribes but work in those casinos of decent wages and their right to a voice in the workplace. wow. beneath their sheep skin costumes hides another republican attack on worker rights in this country, this time under the guise of tribal sovereignty. let me remind our colleagues, throughout the national labor relations board's history, it has never been and will never be forced to -- may i ask for an additional 15 seconds? the speaker pro tempore: the gentlelady is recognized for an additional minute. ms. kaptur: thank you. let me remind our colleagues,
quote
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though, throughout our national labor relations board's history, it has never and will not assert jurisdiction where it will interfere with the tribe's internal governance rights in purely intramural matters. so i urge my colleagues to oppose this bad bill and i will asks unanimous consent to place in the record the strong opposition to it from the united steelworkers of america and from the communication workers of america and as a proud daughter of labor, i am proud to stand here today in opposition to this bill. i yield back. the speaker pro tempore: the gentlelady yields back. the gentleman from michigan is recognized. mr. walberg: thank you, mr. speaker. i'm pleased to yield two minutes to the distinguished gentleman from minnesota, mr. jason lewis. the speaker pro tempore: the gentleman from minnesota is recognized for two minutes. ms. lewis: thank you, mr. speaker. i thank my -- mr. lewis: thank you, mr. speaker. i thank my friend from indiana, mr. rokita, which restores a simple promise, the sovereign rights of native americans will be protected. for almost 70 years, following
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the passage of the national labor relations act, tribes were given the equal right to self-governance enjoyed by our state and local government. for the tribes in my district, sovereignty meant the freedom to advance their own economic development and provide critical government services to their tribal members. th the nlrb's san manual decision, -- san manuel decision, they began to assert themselves in tribal matters on arbitrary case-by-case basis. the agency granted itself the right to navigate tribal law and decide when a tribal enterprise is for commercial purposes, a requirement that would never be imposed on revenue-generating activities of state and local governments. has the federal bureaucracy its - as the federal bureaucracy -- the tribal labor sovereignty
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act restores the well-established legal standard of gorcht, tribal sovereignty. as state and local governments are excluded from the federal requirements from the nlra, this bill simply ensures tribal governments receive equal treatment. it provides our tribes with needed clarity that when a company is located on tribal land, tribal sovereignty will be protected. i am proud to be a co-sponsor of this legislation and am glad it was included in this package which i urge my colleagues to support. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from virginia is recognized. mr. scott: thank you, mr. speaker. mr. speaker, i yield three minutes to the gentleman from maryland, the democratic whip, mr. hoyer. the speaker pro tempore: the gentleman from maryland is recognized for three minutes. mr. hoyer: what a sad state of affairs. there are scores of critically important issues that need to be considered by this house. not the least of which is
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fwunding our government. we failed to do that and now -- funding our government. we failed to do that and now we are confronted with a bill that's recycled. and we've added two natural resources bills on it which could have passed unanimously. i am a big defender of native tribes' rights and sovereignty, and i know my colleagues on both sides of the aisle remain committed to their sovereignty as well. this bill, however, is about undermining the national labor relations act. ot about tribal sovereignty. that act, national labor relations act, safeguards workers' to bargain collectively. most on the other side of the aisle are not for that. i know that. i've seen them vote that way. no matter where you work, the basic protections for american workers, however, ought to
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apply. it is already settled law that the national labor relations act and other laws apply to businesses even on tribal lands outside the context of inherently governmental functions carried out by tribal governments. this was not decided by some faceless bureaucrat. this was a court of our land that made this decision. nstead of undermining workers' rights, this house ought to be moving forward with policies -- workers' rights, this house ought to be moving forward with policies that help our workers and families make it in america. as part of a strong middle class. that means raising wages. it means making childcare more affordable. it means expanding access to opportunities like higher education, homeownership and secure retirement.
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those are the issues that democrats continue to be focused on. that's not what this bill focuses on. instead, republicans are focused not on helping workers but trying to pit one group, tribes, against another group, workers. that's not what we ought to have in this country. and they're attaching popular, noncontroversial natural resources bills to this legislation. they have nothing to do with this legislation. it would pass overwhelming. ly. i am going to vote against this bill -- it would pass overwhelmingly. i am going to vote against this bill and hope they bring back the natural resources bills and pass like they are supposed to do. this is not the open congress when speaker ryan took the gavel and when republicans promised when they took the majority. moreover, they are bringing this to the floor when we should be, as i said at the outset -- mr. scott: two additional minutes.
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the speaker pro tempore: the gentleman is recognized for two minutes. mr. hoyer: i thank my friend. as i said at the beginning, we are bringing this bill to the floor, a rethread. this is not new legislation that they're offering. the only thing new about it they put two natural resources bills attached to it. we should be focused, as i said before, reaching agreement on appropriation bills, on caps, on protecting dreamers, on making sure chip children aren't left aside. not this bill. those bills are not scheduled today and not scheduled next week as far as i know. maybe the majority leader will give me information tomorrow. what we ought to be working on now, as i say, are those appropriation bills. but under the republican majority, we're still stuck working on fiscal year 2018 when we are already nearly halfway through. i urge my colleagues not to oppose tribal sovereignty, not
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to oppose the rights of our native american brothers and sisters. we're for them. but not to be pitted against workers making a decent, acceptable wage so they can live with some quality of life. it is not enough to give the upper 1% a huge tax cut and pretend you're helping the middle class, the workers. in fact, in this bill you're doing exactly the opposite. i urge my colleagues to oppose this bill and stand up for workers, whether they're native americans or whoever they may be, stand up for workers, respect workers, understand that workers made this country great, and they deserve our support and our protection. defeat this bill. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from michigan is recognized. mr. walberg: thank you, mr. speaker. it's now my privilege to recognize the gentleman from
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tennessee, mr. roe, for three minutes, a gentleman who had a distinguish record of supporting and helping and enabling workers. the speaker pro tempore: the gentleman from tennessee is recognized for three minutes. mr. roe: i thank you, mr. speaker. i rise in strong support of s. 140 and its inclusion of h.r. 986, the tribal labor sovereignty act. there are more than 560 federally recognized native american tribes across the united states, and each of these tribes has a unique history and distinct culture that have helped shape who we are today as a nation. each tribe has an inherent right to self-govern, just like any other sovereign government does. that right to self-governance is rooted in the constitution and has been reaffirmed by courts for almost 200 years. because of it, tribal leaders are able to make decisions that affect their people in a way that makes the most sense for their tribe and best protects
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the interest of their members or rather they should be able to make those decisions. we are here today for the past 14 years because for the past 14 years the national labor relations board has ignored long standing labor policy and involved itself in tribal activities. since 2004, san manuel bingo and casino decision, the board has used a subjective test to decide on a case-by-case basis whether a tribal business or tribal land is for commercial purposes. and if it is, the board has asserted its jurisdiction over that business. among other provisions, the bill under consideration would amend the national labor relations act to reaffirm that the nlrb cannot assert its authority over enterprises owned by tribes on tribal land. it reasserts the legal standard that was in place for decades and returns to tribes the ability to manage their own
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labor relations as a sovereign right has. i want to thank my friend and fellow member of the education and work force committee from indiana, mr. rokita, for his leadership on this issue and for continuing to work and those in congress who helped lead the fight to protect tribal sovereignty over the years. it's time for all of us to join that fight and restore to indian tribes the ability to govern their own labor relations. mr. speaker, i'm not sure how you support tribal sovereignty which by definition is a sovereign state but not allow tribes to self-govern. i don't understand that. and i also don't understand if our friends on the other -- mr. speaker, for our friends on the other side of the aisle today are so worried about getting our work done, why did they have to leave committee hearings three times today to vote on not adjourning this body, i'd like to know that. i urge my colleagues to support this legislation and i yield back the balance of my time. .
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the speaker pro tempore: the gentleman yields back. the gentleman from virginia is recognized. mr. scott: i yield two minutes to the gentleman from new jersey, mr. norcross. the speaker pro tempore: the gentleman is recognized for two minutes. mr. norcross: thank you, mr. speaker. the land of opportunity, right here. it's called the united states of america. unfortunately, there's not always a level playing field when it comes to that land of opportunity. this is the 83rd anniversary this year of the national labor relations act. the act that gave workers a voice. a voice in the workplace. gave them the ability to bargain, along with their employers, for a living wage, pensions, the ability to retire with dignity. but today, we're really debating how to hurt workers, that
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somehow you get treated outside of the reservations in a humane way. casinos are operating in a profitable way. but you cross that line and you're being treated differently. you're being treated less than. and doing it all under the guise of native american sovereignty. the vast majority of casinos on their properties are treated with respect to employees. but they were able to get to some folks to introduce this piece to somehow let them try to do it differently on that line. when we cross it. you're less than. we can take advantage of you. and we see that happen time after time. i've been before the nlrb. many times. had cases. i won many. i also lost them. i always felt as if i was treated fairly. and that's what we should be
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doing here. treating employees, no matter where you are in this great country, fair -- fairly. it's been a decades since we raised the minimum wage. a decades. somehow we're just looking for another reason to hurt employees. we want to respect the sovereign nations but we can't pick and choose the way we treat them. certainly everybody who works in this greatly deserves an opportunity to be treated fairly and i ask unanimous consent to enter into the record a letter here from the transport workers union that talks about fairly being treated. so i ask to really look inside yourself. is this the best way to treat employees? is this how we help lift up all those workers? i think not and i urge members to reject this.
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this attempt to hurt workers, not protect sovereignty. i yield back the balance of my time. the speaker pro tempore: the gentleman yields back. the gentleman from michigan is ecognized. mr. walberg: thank you, mr. speaker. i have the pleasure of yielding to the spon or of this legislation, the gentleman from indiana, as well as the chair of the subcommittee on early childhood elementary, and secondary education, mr. rokita. the speaker pro tempore: the gentleman is recognized. mr. co-tee ta -- mr. rokita: i rise in support of this bill identical to the legislation i've been co-sponsthoring last two congresses, h.r. 926 , the tribal labor sovereignty act. i also want to thank all the members who come in support of this legislation here today and last congress from this side of the aisle who stood up for the rights of sovereign nations, our friends, the native american, and who made very clear the issue before us today.
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you know, tv mentioned by the naysayers on the other side of the aisle that the nlra, the national labor relations act started in 1935. if you go back to that legislation, it still exists today in the same form you see that federal, state, and local governments are exempted from the act. for good reason. this was supposed to always be a private sector labor relations act bill. we can argue the pros and cons of that all day long but that's not the debate here today. the fact of the matter is that governments were specifically exempted. so, mr. speaker, why does that not include our native american friends who have sovereign nations? you know, i took my two boys, kathy and i took my two boys ryan and teddy, a water park this year. and last year. two different cities. in my district. those cities operated the park,
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they owned it. we paid the fee, went in, and used it. the employees that worked there, they were excellent, were exempt from the nlra. yet to democrats, who pander to groups left and right, are now saying that they are for the sovereign rights of the government of our native american tribes but they say this isn't -- no, it is. it's that simple. you are either for their sovereignty, mr. speaker, or you're not. and that's all this bill does. it doesn't choose between friends. democrats don't need to worry. you're either for people in their own -- in believing in their own destiny and manifesting it, or you think that you have to subject them to your will. that's all this bill is about. soy urge -- and by the way, i think it's abslutly ridiculous, dr. roe, chairman of the other subcommittee on the committee,
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asked a question, i won't ask the question, i'll say in a statement, it's ridiculous that some members come to the floor and say this is not an important bill. that the rights of the governments of sovereign nations aren't important. there's other things to do. three times today, the democrats motioned to adjourn the house. wasting precious legislative time. look, this bill is supported by more than 150 tribes, the chamber of commerce supports the bill. four democrats co-sponsored the bill an i thank each of them for it. last congress the bill passed the house with bipartisan support and mr. speaker, i suspect it will again today. let's get this job done. let's sportends. let'support the sovereignty of governments at the federal, state, and local level, support this bill, and i yield back the balance of miff time. the speaker pro tempore: the gentleman's time has expired. the gentleman from virginia is recognized. mr. scott: i'm prepared to close. is the gentleman prepared to
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close? the speaker pro tempore: the gentleman is recognized, the gentleman has 5 and a half minutes remaining. mr. scott: first, i ask unanimous consent to enter into the record a let for the opposition to the bill from the afl-cio. the speaker pro tempore: without objection. mr. scott: mr. speaker, a lot has been said about state and local being exempt and tribes not -- that was a decision made way back when. the law specifically exempts state and local. maybe it should, maybe it didn't, but it did. tribes were not specifically exempted. so in conclusion, this bill will strip hundreds of thousands of employees of the right to join a union, whereas some tribes have tribal labor ordinances that are fair and workable, others do not. and at least one expressly prohibits the formation of unions. there is no principled basis for excluding these workers from coverage under labor law because they happen to work in a commercial enterprise on tribal lands. if this bill becomes law, it
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will be the first rollback of workers' rights under federal law in 70 years and may well place the united states in violation of several international trade agreements for that reason, mr. speaker, i urge my colleagues to oppose the legislation and yield back the balance of my time. the speaker pro tempore: the gentleman yields back. the gentleman from michigan is recognize. the gentleman from michigan has two minutes remaining. mr. walberg: thank you, mr. speaker. this has been a telling debate. again, i think the key question here as has been asked by some of my colleagues, are native american tribes government entities, are they sovereign? the only answer that we can respond with is, absolutely yes. they are sovereign. this is not an issue debating nlrb or nlra. it's going back to what we have established already. that in fact, a sovereign nation, just like a state, local government, is free from the
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intervention of nlrb. in this says -- in this case, the sovereign nation has that right. just to remind the fact, over 150 native american organizations have asked for this legislative effort to be achieved. why? because it was working fine up ntil 2004 and nlrb then came arbitrarily in, sometimes yes, sometimes not intervene, but ultimately they were changing the system in place. we're moving back to letting the sovereignty rein in these native american -- reign in these nate i american tribes yet we need to make it clear fn for future and not go back to what precipitated this change. the bill amends the national labor relations act, clarifies the law does not apply to any institution owned and orped by an indian tribe and located on tribal land. it protects the sovereign i have to native american tribes,
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reaffirming they were afforded the same rights and protections enjoyed by state and local governments. it ensures tribes have control over their labor relations and can determine what is best for the workplaces. it eliminates legal confusion and uncertainty that is hindering the ability of tribal governments to serve their sit sinns. mr. speaker, that's what it does. it reasserts an reaffirms what we've already said in law. and for that reason, i ask my colleagues to support this legislation and i yield back. the speaker pro tempore: all time for debate has expired. pursuant to house resolution 681, the previous question is ordered on the bill as amended. the question is on the third read og of the bill. those in favor say aye. those opposed, no. the ayes have it, third reading. the clerk: an act to amend the white mountain apache tribe water rights quantify case act to clarify the use of amounts in the wmat settlement fund. the speaker pro tempore: the
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question is on passage of the bill. those in favor say aye. those opposed, no. the ayes have it. the bill is passed. the gentleman from michigan is recognized. mr. walberg: i call for a roll call. the speaker pro tempore: a recorded vote is requested. those favoring a recorded vote will rise. a sufficient number having risen a recorded vote is ordered. members will record their votes by electronic device. pursuant to clause 8 of rule 20, this 15-minute vote on passage of senate bill 140 will be followed by a five-minute vote on suspending the rules and passing h r. 4567 and a five-minute vote on agreeing to the speaker's approval of the journal if ordered. this is a 15-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]
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