Bill repealing old laws against Native Americans gets OK from U.S. Senate

Lisa Kaczke | Argus Leader

The U.S. Senate has unanimously passed a bill to repeal old federal laws that discriminate against Native Americans dating back to 1875.

The 11 laws in the repeal effort include one directing the commissioner of Indian Affairs to forcibly remove Native American children from their homes and place them in U.S. government boarding schools.

U.S. Sen. Mike Rounds introduced in July the RESPECT Act, or Repealing Existing Substandard Provisions Encouraging Conciliation with Tribes Act, which was co-sponsored by U.S. Rep. Dusty Johnson.

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The Senate's vote on Monday was "a great first step toward righting the wrongs that have been done to Native Americans throughout our history," Rounds said. He added that the RESPECT Act repeals "immoral, racist federal laws" that have no reason to still be in the federal code.

"While these outdated laws may no longer be enforced, they still take an emotional toll on our Native American neighbors today," Rounds said in a statement.

The bill will now move to the U.S. House for consideration. Rounds previously attempted to pass the bill in 2017, but the House failed to take action on it after it passed the Senate unanimously that year.

If passed, the RESPECT Act will repeal laws that include:

The U.S. president can abolish all treaties involving tribes who are hostile to the United States.

Payments to tribes can be withheld if the tribe engages in hostilities against the United States or the tribe has "any captives other than Indians."

Money or goods can be withheld from Native Americans who are under the influence of alcohol or if there's alcohol within "convenient reach" of the Native American unless the tribe's leader has taken steps to prevent the sale of alcohol.

Agents can require all able-bodied male Native Americans 18 to 45 years old to perform services on the reservation.

Goods and merchandise can be withheld from a tribe if the tribe violates a treaty.

Food, clothing and money can be withheld from Native American families whose children don't attend school.