Rep. Tom O’Halleran (D-AZ1)

Sen. Mike Rounds (R-SD)

Did you know that federal laws requiring the forced labor of Native Americans are still on the books?

Context and what the legislation does

The U.S. has had a rocky relationship with Native Americans through the centuries. A number of federal laws which were enacted during far more discriminatory periods remain on the books, even though they are no longer enforced.

The Repealing Existing Substandard Provisions Encouraging Conciliation with Tribes (RESPECT) Act would repeal all or parts of 11 such federal laws. Among them:

An 1862 law allowing the president to unilaterally declare a treaty with a Native American tribe to be null and void.

An 1847 law preventing any payments to a Native American person “while they are under the influence of intoxicating liquor.”

An 1875 law allowing for the forced labor of Native Americans between ages 18 and 45.

The House version was introduced on July 10 as bill number H.R. 3684, by Rep. Tom O’Halleran (D-AZ1). The Senate was introduced that same day as bill number S. 2071, by Sen. Mike Rounds (R-SD).

What supporters say

Supporters argue that the legislation would right wrongs that in some cases have been more than 150 years in the making.

“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,” Rep. O’Halleran said in a press release. “This bipartisan, bicameral effort [would] eliminate these outdated laws and show our respect for Indian Country.”

“The idea that these laws were ever even considered is disturbing,” Sen. Rounds said in the same press release. “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.”

GovTrack Insider was unable to locate any explicit statements of opposition, but a devil’s advocate argument might be that none of these existing discriminatory laws have been enforced for decades anyway — so why spend the time to remove them?

Odds of passage

The House version has attracted three bipartisan cosponsors: two Republicans and one Democrat.

The Senate version has attracted two bipartisan cosponsors: one Republican and one Democrat. It was approved by the Senate Indian Affairs Committee on July 17, and now proceeds to a potential vote by the full Senate.

The legislation would seemingly have bipartisan support from across the political spectrum, making its odds of enactment realistic.

This article was written by GovTrack Insider staff writer Jesse Rifkin.

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