Bills
| 3.23.22

Should Outdated Federal Laws Relating to Native Americans Be Repealed? (H.R. 3684)

Do you support or oppose this bill?

What is H.R. 3684?

(Updated October 26, 2021)

This bill — the RESPECT Act — would repeal a number of outdated laws relating to Native American education, forcible relocation of Native American children to boarding school, and withholding of money and resources from American Indian tribes dating from 1862 to 1913.

The laws this bill would repeal are: 

  • 25 U.S.C. 302 Indian Reform School: This law gives the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, authorization to take Native American children from their parents to places them in boarding schools, known as “Indian Reform Schools.”
  • 25 U.S.C. 72 Abrogation of treaties: This law authorizes the president to declare all treaties with tribes at war with the U.S. government null and void.
  • 25 U.S.C. 127 Moneys of annuities of hostile Indians: This law ends payments to tribes at war with the U.S. government.
  • 25 U.S.C. 128 Appropriations not paid to Indians at war with the United States: This law ends appropriations to the Indian Service (Bureau of Indian Affairs today) for any tribe at war with the U.S. or the white citizens of any U.S. state or territories.
  • 25 U.S.C. 129 Moneys due Indians holding captives other than Indians withheld: This law authorizes the Secretary of the Interior to withhold money due to tribes holding non-Native captives until the captives’ return.
  • 25 U.S.C. 130 Withholding of moneys of goods on account of intoxicating liquors: This law prohibits the provision of annuities, money and goods to Native Americans while they’re under the influence of alcohol or able to easily access alcohol. 
  • 25 U.S.C. 137 Supplies distributed to able-bodied males on condition: This law requires able-bodied Native American males to work on reservations for their own and their tribes’ benefit as a condition of receiving supplies and annuities on the reservation.
  • 25 U.S.C. 138 Goods withheld from chiefs violating treaty stipulations: This law ends delivery of goods and merchandise to tribal chiefs if they’ve violated treaties.
  • 25 U.S.C. 273 Detail of Army officer: This law authorizes the Secretary of the Army to detail an officer of the Army, not above the rank of captain, for special duty with reference to Indian education.
  • 25 U.S.C. 283 Regulations for withholding rations for nonattendance at schools: This law allows the Secretary of the Interior to establish regulations preventing the issuance of rations or subsistence (such as money or in-kind resources) to the head of any Native American family if their children didn’t attend school as required in the previous academic year.
  • 25 U.S.C. 285 Withholding annuities from Osage Indians for nonattendance at schools: This law authorizes the Commissioner of Indian Affairs to withhold any annuities or other payments due to Osage Indian minors above six years of age whose parents fail, neglect, or refuse to place them in school. 

This bill’s full title is the Repealing Existing Substandard Provisions Encouraging Conciliation with Tribes Act.

Argument in favor

Outdated, discriminatory laws relating to Native American tribes should be repealed to correct the historic injustices they helped perpetuate.

Argument opposed

Since the laws this bill would repeal aren’t enforced, there’s no practical reason for wasting Congress’s time with this pointless legislation.

Impact

Native Americans; federal law; and repeal of outdated federal laws relating to Native Americans.

Cost of H.R. 3684

Last Congress, the CBO estimated that implementing this bill wouldn’t have any effect on the federal budget.

Additional Info

In-Depth: Rep. Tom O’Halleran (D-AZ) introduced this bill to repeal outdated laws relating to Native American education, forcible relocation of Native American children to boarding schools, and withholding monies and resources owed to Native American tribes: 

“The laws we are fighting to repeal are a reminder of the hundreds of years of persecution, humiliation, and hostility Native Americans faced at the hands of our government. History shows the treatment of Indian Nations and Tribes has never been anything less than tragic, and we now have a responsibility to address it. I am proud of this bipartisan, bicameral effort to eliminate these outdated laws and to show our respect for Indian Country.”

Original cosponsor House Rules Committee Ranking Member Tom Cole (R-OK) adds: 

“While dark chapters in our history cannot be erased, I am encouraged that the RESPECT Act would do away with some discriminatory policies toward Native Americans that are still written in federal law. Though no longer enforced, these laws are a painful reminder of the past suffering and poor treatment experienced by Native Americans. I am proud to join with my colleagues on both sides of the aisle and in both chambers to introduce this important legislation, and I am hopeful for its swift passage in Congress.”

Sen. Mike Rounds (R-SD), sponsor of this bill’s Senate companion, says: 

“The idea that these laws were ever even considered is disturbing,” said Rounds. “While no longer enforced, the fact that they are still on the books is a tragic reminder of past hostility and racism displayed toward Native Americans. We may not be able to rewrite the past, but we can continue to work toward furthering respect and unity for future generations. Passing our legislation is but one way to show understanding and progress.”

Original Senate cosponsor Sen. James Lankford (R-OK) adds: 

“The RESPECT Act ensures that we acknowledge and work to solve some of our nation’s previous belittling of Native Americans through our laws. As we continue to cultivate our national values based on respect and dignity for all people, we can and should address antiquated and offensive old laws put in place to specifically isolate Native Americans. I look forward to the consideration of our bill in the Senate Committee on Indian Affairs.”

The Rapid City Journal editorial board expressed its support for this bill in a July 25, 2019 op-ed: 

“For the majority culture, old federal laws oppressing Native Americans have faded to near invisibility. Vestiges of a time before women could vote, before people of color counted as legal equals, these laws harken to an era most would prefer to think didn’t happen. One permits Native children to be forcibly taken from parents and placed in boarding schools. Another permits the forced labor of Native Americans as a condition of benefits. They’re no longer enforced, many would say. They could never be enforced today. Let them fade like yesterday’s road signs. Let’s pretend they don’t exist. It’s less simple for those living the legacy of that oppression, who know full well these laws remain on the books, and who know that some people still regard their intent as legitimate… The past bleeds into today and informs our tomorrows. We can’t change what happened. We can, however, try to make amends. We can reconcile with each other. We can erase the living symbols of oppression. Remorse is one thing, but only the removal of lingering stains demonstrates sincerity… The RESPECT act won’t undo the wrongs of the past, but it will demonstrate a necessary measure of respect for a culture and people treated badly."

This legislation has three bipartisan House cosponsors, including two Republicans and one Democrat. Its House companion, sponsored by Sen. Mike Rounds (R-SD), has two bipartisan Senate cosponsors (one from each party).

Sen. Rounds has introduced this legislation every year since 2016. In 2018, this legislation made it through the full Senate with one cosponsor, Sen. James Lankford (R-OK), but failed to make it through the House before the end of the Congressional session. With both bipartisan and bicameral support this year, Sen. Rounds believes it could wind up being enacted.


Media:

Summary by Lorelei Yang

(Photo Credit: iStockphoto.com / ilbusca)