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tv   U.S. Senate U.S. Senate  CSPAN  April 16, 2018 2:59pm-7:17pm EDT

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covering the white house for over a decade. sad news from the bush family. former first lady barbara bush declining to seek further medical treatment. have you had a chance to meet barbara bush? >> guest: you know, i was thinking about that yesterday. when i covered john mccain's campaign in 2008, we went out to the bush property and saw president george h.w. bush. and some of the.w of the report, on his invitation -- excuse me -- walked around the property a little bit and ended up seeing barbara bush from the window. and i know that she waved at them. i wasn't one off them. i stayed and continued to talk to president bush. so i can't remember having ever met mrs. bush. but, boy, is she a popular figure in the united states, and, you know, everyone's hearts are going out to her and to the bush family right now. >> host: our thoughts certainlyt with the bush family on, with that news coming out yesterday. jeff mason with reuters, white house correspondent, thank you
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so much as always. sahil kapur, thank you as well, bloomberg news national political reporter there. >> and the senate just back in. they'll be working on a native american tribal water rights and land use bill. later this week senators might consider more executive and judicial nominations, a vote to limit debate on this tribal water rights bill set for 5:30 p.m. live coverage of the senate live right here right now on c-span2. the president pro tempore: the senate will come to order. the chaplain, dr. barry black, will lead the senate in prayer. the chaplain: let us pray. eternal god, from whom comes all things good and true, we give
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reverence to your name. lord, forgive us when we don't take time to think clearly, pray sincerely, and cultivate the sense of your presence. thank you for strengthening our faith, renewing our courage, and sheltering us from harm. bless our senators. may your grace and peace sustain them as they find in you the source of all mercy and comfort. grant that their faith in your power will strengthen them through every season of trials. lord, give them the wisdom to pray for
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one another so they will cooperate with each other in working for your glory. we pray in your holy name. amen. the president pro tempore: please join me in reciting the pledge of allegiance to our flag. i pledge allegiance to the flag of the united states of america, and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all.
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the presiding officer: under the previous order, the leadership time is reserved. morning business is closed. under the previous order, the senate will resume consideration of the house message to accompany s. 140, which the clerk will report. the clerk: house message to accompany s. 140, an act to amend the white mountain apache tribe water rights quantification act of 2010 and so forth.
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a senator: mr. president. the presiding officer: the senator for montana. mr. daines: mr. president, i rise today to urge my colleagues to vote in support of the tribal
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labor sovereignty act. my legislation is about bringing jobs to the most economically disadvantaged communities in montana and empowering indian tribes to determine their own destinies. in fact, for 14 years the federal government has placed prohibitive regulations on tribes, infringing on their rights and costing them jobs and economic opportunities. and now montana's tribes and the tribal communities across the country suffer from some of the nation's highest unemployment. this legislation will restore the parity between tribal governments and federal, state, and local governments as well as protect and respect the tribe's right to sovereignty. it is time the federal government step out of the tribe's way so they can make the right decisions for their
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communities, for their family and create good-paying jobs on reservations. and on behalf of montana's 12 federally recognized tribes, as a member of the senate committee on indian affairs, and as chair of the senate western caucus, and as original author of this legislation, both this congress and last, i urge my colleagues to make the right choice and support the tribal labor sovereignty act.
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mr. mcconnell: mr. president? the presiding officer: majority leader. mr. mcconnell: i want to begin this afternoon by commending the men and women who make up the world's most capable military. over the weekend, america's
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all-volunteer armed forces executed a challenging mission with precision and with excellence. at the president's order, the united states joined with our british and french allies in military action to respond to bashar al-assad's use of chemical weapons against the syrian people. i support both actions taken and the underlying objectives. the tactics the assad regime has employed to consolidate gains and terrorize the people of syria have stood in defiance of the u.s. position that the use of chemical weapons is simply unacceptable. it was time to act. americans have become used to flawless execution on the part of our uniformed military. times like these compel us to pause and appreciate their excellence and their heroism. we must remember that none of it could occur without extensive training, careful planning,
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robust investment, and the professionalism, dedication, and bravery of our service members. now, on a completely different matter, this afternoon the senate will vote to advance legislation from senator moran that would bolster the proper sovereignty of american indian tribes in the face of excessive federal regulation. from the passage of the national labor relations act in 1935, all the way until 2004, the nlrb expected the sovereignty status of tribal government employers. but because the law does not technically provide that exemption, the nlrb discarded that precedent in 2004 and has bam entangled in local tribal decisions. by intervening in tribal affairs on a case-by-case basis, the nlrb has effectively been picking winners and losers among different businesses. the result has been regulatory
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confusion and a lessening of tribal government's authority to govern their own lands. this legislation would correct the 83-year-old oversight that led to this confusion. it would codify in law that federally recognized tribal governments should be exempt from such regulation, just like other state and local governments. more than 160 tribes, tribal corporations, and tribal trade associations support senator moran's legislation. i'm proud to support it as well and i urge every one of us to vote to advance the bill later this afternoon. mr. president, tomorrow's tax filing deadline is not exactly a national holiday but millions of americans use the end of tax season as a time to pause and to take stock. in recent weeks, at kitchen tables in kentucky and across
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the country, working families have been crunching the numbers. for too long our country's outdated and unfair tax code made life more difficult than it needed to be for middle-class families. now all of that is changing. tomorrow marks the last time america's working families, entrepreneurs, and job creators will have to file under that old tax code. this republican congress and trum got rid of it -- president trump got rid of it and put a brand new 21st century tax code in its place. now americans are rightly anticipating a better year ahead and they aren't having to wait very long. president trump is in florida today to hold a roundtable discussion with small business owners on main streets from miami to tallahassee, tax reform is empowering local employers to create more prosperity for their employees and for their
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communities. in mailborn, the owner of stellar transport, a shuttle service that works closely with florida's elderly is using tax wages to cover a 26% increase in health care costs for his 60 employees. in jacksonville, majelle and transport logistics is planning to buy a new 47,000 square foot facility and hire 100 new employees as a part of an ambitious plan to succeed under the new pro-growth tax code. of course these are among just the first fruits of the u.s. economy under this historic new law. millions of u.s. workers are receiving bonuses, raises, and special benefits not to mention lower utility rates and increased opportunities. and as employers who adopt new with holding practices, more and more workers will see more of their own money going into their own pockets.
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florida's workers and entrepreneurs should be proud of senator rubio who was instrumental in getting tax reform across the finish line. in particular, his efforts helped the republicans to secure a significant increase in the child tax credit. it's surprising that florida's senior senator didn't want any part of all these tax cuts and new jobs. he took every opportunity to vote with every other democrat and try to block these tax cuts from happening. fortunately, republicans overcame partisan opposition and made tax reform a reality. now, mr. president, i understand there's a bill at the desk due a second reading. the presiding officer: the clerk will read the title of the bill for the second time. the clerk: s. 2667, a bill to amend the agricultural marketing act of 1946 to provide for state and tribal regulation of hemp
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production and for other purposes. mr. mcconnell: place the bill on the calendar under the provisions of rule 13, i would object to further proceeding. the presiding officer: objection having been heard, the bill will be placed on the calendar. mr. mcconnell: i suggest the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:
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quorum call:
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quorum call:
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mr. barrasso: mr. president. the presiding officer: the senator for wyoming. mr. barrasso: thank you, mr. president. i ask unanimous consent that the
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quorum call be vitiated. the presiding officer: without objection. mr. barrasso: thank you, mr. president. mr. president, i come to the floor as a former chairman of the indian affairs committee of the united states senate to talk about the issue of the tribal labor sovereignty act, the package that is before us today to be discussed and voted on within the next hour. i know we're going to be hearing from the current chairman, senator hoeven. we're going to be hearing from senator moran, senator flake, and others, and i'd like to associate my remarks with those that i know they will make, specifically the chairman and my other colleagues and emphasize the need to recognize and to respect tribal sovereignty. as i know that senator moran will explain shortly, this legislation seeks to fix the national labor relations board 2004 decision to treat tribal government employers and tribally owned businesses as private entities, not as sovereign governments. mr. president, i will say they
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are sovereign governments. the national labor relations board decision is a wrong decision. it increased uncertainty for tribes. tribes suddenly faced regulation from a body that failed to recognize their government-to-government relationship. i think it was a complete mistake by the national labor relations board, which is why i am here to proudly support the legislation that we are discussing here today. mr. president, suddenly these tribes as a result of this ruling, the tribal businesses became commercial entities. these businesses provide critical services on tribal lands and in their communities. i believe that the national labor relations board's decision and the litigation that inevitably followed has only increased uncertainty in indian country and is in correct opposition to the entire notion of tribal sovereignty. indian tribes have a right to sovereignty. we must work to ensure there is true parity between governments. we must actively respect the government-to-government
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relationship. now, over the last many years, congress has worked to address policies that have been detrimental to tribes, including these -- those affecting tribal sovereignty, and that is why we are here today to vote on this important piece of legislation. tribal sovereignty allows tribes to govern themselves, to regulate tribal businesses, and to provide essential services for tribal members. so, mr. president, as we consider this package before us today, i want to commend chairman hoeven, vice chairman udall, and others for working together to move this important legislation through the senate. this package is no different. senator mccain and senator flake have worked for many years to resolve the white mountains apache water settlement issues. i see senator flake is here to discuss those issues. senator heinrich and senator udall recognize the need for greater certainty in land management through the santa clara long-term lease. senator moran has been a great leader on this issue, mr. president. that's why i'm proud to be standing here with him today.
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so i would urge all of my colleagues to join chairman hoeven, senator moran, and our committee in providing the parity for tribal governments as they govern their future. thank you, mr. president. i yield the floor. mr. flake: mr. president. the presiding officer: the senator for arizona. mr. flake: i thank the senator from wyoming for his comments and all those who have worked so hard to bring this legislation to the floor that we will be voting on later tonight. indian water settlements are an invaluable tool to ensure that tribes receive the water rights that they are entitled to and that other water users are given the certainty that they require. in states like my home state of arizona, water rights have a substantial impact on the lives and livelihoods of so many residents. these measures are critical to communities around the great state of arizona. i rise today to support the
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legislation i introduced aimed at ensuring that the previously enacted white mountain apache tribe water rights qualification act of 2010 is properly interpreted by the department of interior. this bill clarifies that settlement funds awarded to the tribe may be used for critical rural water systems. this new system is essential for the tribe and will allow them to deliver drinking water to their members. the measure i am proposing today is also time sensitive. the white mountain settlement includes an enforceability date that means that if this water system project is not completely approved by may 2021, it becomes void. in order to realistically meet this deadline, this bill must pass as soon as possible so the tribe has time to complete the necessary project studies. this bill also corrects an issue with the national labor
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relations act. for nearly 70 years, tribal governments were exempt from the act, just like local, state, and federal governments. however, in 2004, the nlrb inappropriately ruled that tribes are no longer exempt. this measure would create parity for tribal governments, giving them the same employer rights afforded to other federal, state, and local governments. importantly, this element of the bill also applies to tribal employers on tribal lands, meaning any tribally owned and operated institution not on tribal land would be treated as normal private sector employers. this bill also offers two important clarifications. one of which is desperately needed to allow the white mountain apache tribe to move forward on a vital rural water system project. i urge the bill's passage so that we can ensure tribes are best able to serve their people
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and to improve their communities. i yield the floor.
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a senator: mr. president. the presiding officer: the senator from kansas. mr. moran: thank you. thank you for your remarks earlier on the floor this afternoon. i rise to have the senate consider to have a consider about s. 140, a package of three bills that will have positive benefits on indian country. two bills in the package, the senator from arizona was talking about one of them. two bills in this package of s. 140, the white mountain apache water rights, sponsored by senators flake and mccain, and senate bill 249, a bill to provide the pueblo of santa clara may lease for 99 years unrestricted land, sponsored by senator udall and senator heinrich, senators from new mexico. they have already received unanimous consent in the senate. the third bill in the package, the tribal labor sovereignty act, was attached as a message from the house to senate bill
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140 by the house in january. i'm a sponsor of this legislation in the senate which should be noncontroversial in a chamber where members of the senate profess to be supportive of tribal sovereignty. mr. president, this bill, this concept has been around since 2005, and i became interested in this topic and introduced legislation in 2013, now five years ago. i have made it a point -- i suppose all of us from time to time may introduce legislation that's a messaging point or a talking point. in this and most every other case, when i introduce legislation, i work hard to see that it becomes law, and i work in a bipartisan way to bring republicans and democrats together, rural and urban members of the united states senate to work together, and this is an example of that. there is nothing about this legislation that is a messaging to tribes or to others.
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it's not introduction of a piece of legislation that's designed to make a point. it's a piece of legislation designed to become law. and this bill has passed the house and now is pending here in the senate today. i hope to use this opportunity to convey to my colleagues that this legislation is not a radical proposition but rather a restoration of the sovereign status of tribal governments. indeed, by moving forward with this legislation we can enshrine the status quo that existed for 70 years after the passage of the national labor relations act. until the national labor relations board stripped tribes of their governmental status under the nlra. by making explicit that tribal governments are distinct and sovereign and capable of making their own decisions, we will correct a decade-old error made by the nrlb.
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tribal labor sovereignty act is simple and narrow. it amends the nlra to exempt tribally owned entities operated on tribally owned lands. no more, no less. it exempts tribally owned entities operated on tribally owned lands. businesses owned by individual tribal members or operations off tribal lands still remain subject to the scrutiny of the nlrb. many of those who have expressed option to this bill will say i support tribal sovereignty, but. if you have to qualify your support for tribal sovereignty in order to protect your own interests instead of the tribes, then, no, you really don't support tribal sovereignty. tribal sovereignty is something we believe in, in which tribes of native americans, those who
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inhabited this country before our ancestors arrived, they were granted the sovereignty over their own business decades, generations ago. it's been voiced on the senate floor that this is not about sovereignty but about an attack on labor. it's simply not true. one accusation is that this bill is truly an attack on labor because it doesn't provide exemptions from other federal legislation. if my colleagues are objecting in this way to this bill because of its narrow scope, if they're saying that, would they support making it broader? the answer to that is clearly no. if they're serious about that, let's have a conversation. not new to tribal issues, my beginning in this topic began when i was elected to the kansas state senate now a long time ago. i was a freshman member, happened to have a law degree and was assigned by the leadership of the state senate to conduct negotiations and to
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chair a committee on indian gaming in kansas. and i spent the next two years in front of a federal district judge negotiating a, an agreement under igra for indian gaming in kansas. other examples of our efforts include the passage with senator heitkamp of north dakota, general welfare exclusion legislation that passed this senate and became law now several years ago, again trying to make clear that tribal decisions made on behalf of tribal members are much better decisions than those made by congress, but especially by those made by agencies and bureaucracies, in that case the i.r.s., today the national labor relations board. we've also worked on other issues related to tribal interests, including the ability to bring land into trust, issues that are important to tribes
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across the country. my point is this is one of another pieces of legislation in a series that the senate has pursued in which we are doing right by those who preceded us as our ancestors settled america. i don't think that the critics of this bill want tribal governments exempt from other statues either. the objection isn't about the sovereignty granted by this legislation. it's not that it doesn't go far enough. it's what it does grant sovereignty for. i'd ask my colleagues if the senate denies tribal sovereignty in this instance, what tribal rights are not to be targeted next? again, the point being that if you're for sovereignty, you're for sovereignty in all circumstances, and you don't have the ability to choose. it's based upon a legal and moral obligation that we have to tribes here in the united states. others have criticized this
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legislation, they voiced that nontribal members cannot vote for tribal governments, and, therefore, this is different from states. again, this legislation makes tribes in the same position upbld nlrb as states and local units of government. but that's not true either. a person living in the district of columbia who works in virginia is subject to virginia labor laws without having a say in forming those laws. in 2013, there was an issue of tribal sovereignty on the united states senate floor. it was broader than that. it was vawa, the violence against women act and i supported its reauthorization which included new authorities for tribal governments to protect native american women when they're harmed by nonindians. with vawa's passage, congress placed our trust in tribes to exact justice in the circumstance of domestic violence and violence against
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women. the point here is that we rightly determined that tribes should have the ability to punish indian and nonindian violent offenders, but today it's being argued we can't trust them to treat indians and nonindian employees justly. i remember the allegations against my colleagues who voted against vawa that they were not supportive of tribal sovereignty. those who will oppose this bill today are subject to exactly the same criticism. there's also an assumption that's being made that employees of tribally owned entities are being treated poorly, or will be treated poorly if this legislation passes. the majority of tribes are located in rural areas where the labor pool is often inadequate. it is to the tribe's advantage to treat their employees fairly in order to retain them. as a matter of fact, many tribes have the highest wages and
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provide the best benefits in their region. tribal jobs are coveted because prospective employees know what they stand to gain by their employment. the idea that tribal governmental enterprises workers should be treated as commercial rather than governmental workers doesn't hold up. a tribal casino worker is no less of a government employee than an employee of a state-owned and operated enterprise, and that can include liquor stores and ski resorts and, yes, casinos. in 2015, the senate indian affairs committee held legislative hearings on the tribal labor sovereignty act, the legislation we're considering today, and testifying before the committee was robert welch, chairman of the behaus band of kuma eye indians in california. despite being a unionized tribal, employees on the
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tribally owned facilities are union members, chairman welch testified in spofrt this bill. many -- support of this bill. many tribes welcome labor unions. that's fine. the point is it's their decision. the tribal decision is where this issue rests. the point of this legislation, it is up to the tribes to decide, not the nlrb. more than 160 tribes and tribal organizations support this legislation, and have worked hard to see for its passage. they support it because of the principle of tribal sovereignty is critical to their well-being. the vote i seek today is not a partisan ploy. i've worked to pass this legislation without a recorded vote. i've taken to the floor to do so for a live u.c. request on a number of occasions, but have met objections. i worked to get included, this legislation included in the appropriations bills, but it was always forced out at the last
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minute. in the recent bipartisan legislation, republican leadership and chairman hoeven and i were open to attaching the hazda, tsla, with tsla, but tlsa inclusion was deemed unacceptable. this is not about making anybody cast a difficult vote. we've tried to do this in a way that eliminates that option, that necessity. we have two victories lined up for indian country. the hazda and tsla, and we got nowhere because of the opposition to tribal sovereignty. that brings us to where we are today on the senate floor. it requires a senate vote that will take place in a little more than a half-hour. it's important to note that tribal sovereignty enjoys bipartisan support. nearly two dozen democrats, including members of the house democratic leadership, supported this legislation in january when it passed the house, and we have
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a strong bipartisan backing in the senate as well. the senate committee on indian affairs reported this out by voice vote last summer. democrat colleagues of mine have spoken in favor of it. the late senator daniel inouye of hawaii wrote in 2009, and i quote him, congress should affirm the original construction of nlra by expressly including indian tribes in the definition of employer. daniel inouye, senator inouye has held high regard, continues to be held in high regard in the united states senate for his work in the united states senate and for his service to his nation, but for his firm commitment to tribes and to native hawaiians. again, senator inouye no longer with us, says congress should affirm the original construction of nlra by expressly including
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indian tribes in the definition of employer. what this bipartisan consensus demonstrates is that this is not about labor. this is about the ability of tribal governments to be treated equally as other levels of government and to provide vital services to their people without fear of work stoppages. jefferson kiehl, the president of the national congress with american indians, and he wrote in february, and i quote him, tribes make an array of public services available to their tribal citizens and other local residents. law enforcement, fire, e.m.s., schools and hospitals, natural resource management, these are things that tribes do on an ongoing daily basis for tribal members and for residents. all tribal governments play a critical role in ensuring the safety and health and the stability of tribal and
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surrounding communities. he goes on to write that congress in 1935 did not want the kind of labor strife and work stoppages that could paralyze federal, state and local governments jeopardizing federal health and safety in the process. 80 years later why it is that every other form of government in this country is treated one way and tribes another. that, my colleagues, is not right. why do tribes have to accept other determining -- others determining their workplace rules but not their counterparts? why is it the well-being of native americans on reservations who rely on these services might be placed at risk? but most importantly, why would we deny sovereignty when tribes are entitled to it? senator udall, my friend and colleague from new mexico, who serves as our committee's vice clare, the ranking member, understands the importance of self-governance.
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he recently said and i quote senator udall, decisions made by tribes, for tribes, produce the best outcome for their unique communities. is there a united states senator who doesn't believe that decisions made at home are better because we're all unique, we have unique circumstances in every state across the country and every community. local folks can make better decisions about what makes sense in their local community. we know that for our constituents. we should know that for tribal members. again, senator udall, decisions made by tribes for tribes produce the best outcome for their unique circumstances. what we will be voting on shortly is really a question of whether the members of this chamber, united states senators, sworn to uphold the constitution and fulfill their responsibilities, whether united states senators believe that tribal governments, elected by their members possess the right to make informed decisions on
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behalf of those they represent. i say they do, and i hope that most of my colleagues -- in fact, i hope all my colleagues agree with that sentiment. mr. president, we've been working at this legislation now for five years. decisions will be made in 30 minutes from now that will have a huge consequence perhaps not on me, perhaps not on many of my constituents, but upon tribal leaders and the individual tribal members who elected them to make decisions on their behalf. we would be offended when people intrude upon our ability to make decisions upon our constituents, and tribal leaders are no different. this is important legislation. it's not political. it's about making the right decision for the right reason so that good outcomes can benefit all americans, all who live here in the united states. and i ask my colleagues to seriously consider and ultimately vote for this bill, s. 140, that includes the tribal labor sovereignty act.
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mr. president, i yield the floor.
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the presiding officer: the senator from ohio. mr. brown: thank you, mr. president. i strongly encourage my colleagues -- quorum call or no, mr. president? thank you, mr. president. i strongly encourage my colleagues to reject this
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anti-worker bill masquerading as an issue of tribal sovereignty. i strongly support tribal sovereignty. i can't speak for everyone in this body, but i'm virtually certain that every single democratic member of this body support tribal sovereignty. i'm pretty sure most republican members of this body support tribal sovereignty. but that's not what this bill is about. this is just the latest battle in the decade's long war that so many in this town have been waging to undermine the rights of american workers. it will -- this bill strips away the rights of 600,000 employees at tribal casinos, 600,000 employees at casinos on tribal lands will lose their rights to collective bargaining. you know what that means to their wages, you know what that means to their benefits. 75% of their 600,000 employees are not members of a tribe.
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so when these casinos all over the country, on reservations, these casinos on indian lands, most of the 600,000 employees at these tribal casinos have the right to collectively bargain and form unions if they choose and to get better wages and benefits if that's what brings them to it. again, 75% of these workers are not members of any of these tribes. there are other federal laws that apply to workplaces and tribal lands. the fair standard labels act, the employment retirement income security act, so-called arsa, title 3 of the americans can disabilities act. they are all on tribal lands, but this bill only goes after collective bargaining rights. only goes after those workers. there's no reason that congress should single out and attack the
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rights of these workers to orangize and -- orangize and advocate for themselves want to protect tribal sovereignty, but you can also ct protect workers' rights at the same time. you don't have to jettison workers' rights. you don't have to hurt these workers. you don't have to take the rights away from these workers in order to protect tribal sovereignty. our laws do that right now. some colleagues will say they want to make sure tribes have the same rights as states do whose workers are carved out of the national labor relation act, however they are exempted from the nlra. this bill eliminates the federal rights for workers. who is behind this? the national chamber of commerce they want to go after unions and take away collective bargaining rights. do you know what that that
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means? it means higher profits. it means they can strip workers of their health care and retirement. of course these companies want to take away collective bargaining rights and put unions out of business. that is the point of this bill. tribal governor employees are exempted from the nlra, this eliminates the rights for workers at for-profit places like casinos. you don't think the casinos are making lots of money? of course they are. they will make more money if they take away the collective bargaining rights of employees. employees will make less, employees will get fewer dollars for retirement but profits will go up for the casinos. the casinos often run by companies that have nothing to do with these tribes. that's not establishing parity. states can't carve out for-state profit businesses for the nlra.
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they can't say that the casinos on the strip are not held to the laws. supporters of the bill will say it is necessary to prevent overreach by the national labor relations board. that doesn't hold up. the board is me they'dicly -- methodically evaluated. they use a careful test to ensure that they do not infringe on tribal rights or interfere in the tribe's right to self-government. all of us in this body, of course we want to make sure that tribal rights are enforced and that we don't interfere in the tribe's right to self-governance. these are for-profit casinos. the board used the test and did not assert jurisdiction on labor disputes on tribal lands.
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all of us support tribal sovereignty. i wish all of us supported american workers' right to organize just as strongly. my friends on this side of the aisle have spent day after day, week after week, month after month trying -- doing all they can to stop workers in my state -- in the state of kansas, all over this country, to stop them from organizing. this bill is an attempt to take advantage of tribe support in congress to attack workers. mr. president, there's another provision slipped in. at a time when congress is engaged in an long overdue discussion about sexual harassment in the workplace, this bill repeals all federal protections against harassment against the 600,000 workers it affects. it strips collective bargaining rights from 600,000 people and also repeals all federal protection against sexual harassment for those same 600,000 workers. these -- right now these workers cannot bring federal harassment
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claims. their only federal protection against harassment is under the nlra. under that law workers have the right to collectively protest harassment. they can fight grievances under union contracts. if this passes that federal protection disappears. all of the collective bargaining agreements in these workplaces would expire at the end of their terms and the union won protections against harassment would disappear with all of them. we're going in the wrong direction. today, more than ever, workers need a voice in the workplace. over the last 40 years gross domestic product has gone up and up, corporate profits have gone up and up, worker product activity has gone up, executive salaries have gone up and up all because of the productivey of american workers.
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but they have not shared in the wealth they created for their bosses. wages are flat. think about that, mr. president. profits go up, productivitiy goes up, executive salaries go up, productivity of american workers goes up, wages have been flat. a big part of that is because of this attack from this body and the house of representatives, the attack on workers trying to organize and bargain collectively. if this bill passes, we're going to make sure that 600,000 fewer americans have the right to organize and bargain collectively. that means, again, profits will go up at the casinos, executive salaries will go up at these casinos and wages will be flat or go down p even as -- down even as they companies do better and better. workers don't share in the growth they create. hard work doesn't pay off the way it used to do. the dignity of this work has
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been undermine by this senate and by the white house. if -- no matter how hard they work. this bill will make it harder for these workers to ensure that their work is valued. this bill, again, undermines the dignity of work in this country. we're lifting workers up, we shouldn't be undermining their rights to advocate for themselves. these are workers banning together, banning together to advocate for themselves. their voices are stronger when they are together and that's when management has to listen to them. that's why they get better wages, that's why they get better health care, that's why they get better retirement, but we know what this bill does. it doesn't protect tribal he sovereignty -- tribal sovereignty. that's what they said it does. that's like the tax cut that the 80% went to the richest. just like the bank bill that rolls back some tough rules on
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wall street, they like to say that was a bill for the small banks. no it wasn't. it was much about wall street, just like this bill, it's not for tribal sovereignty. it's about to help to put labor unions out of business and depress wages. that's -- that's why i oppose this bill. i urge my colleagues, mr. president, to vote no. mr. president, i would like to -- i ask unanimous consent to put the following remarks in a different place in the record. the presiding officer: without objection. mr. brown: over the next few weeks the senate will consider the nominee to head veteran affairs, dr. ronnie jackson. i will meet with him and look forward to that. i am eager to what his plans are and how the v.a. system will work better for the men and women who serve our country. i know my friend who sits on the veterans committee shares the same concerns i do. one of my top priorities is
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finding out about his views on the misguided idea that some are pushing of privatizing the v.a. system. it would mean depriving the women and men the best possible -- who served our country the best possible care just to line the pockets of health care executives. we've seen what happens when we introduce profits into organizations that should be set up to serve the american people. look -- just look at -- how private for-profit charter schools have failed children in my state. the owners of the for-profit charter schools have done well, taxpayers have been fleeced, students have been betrayed. we know that privatization of the prison system or privatization of social security or privatization of medicare or privatization of the veterans administration, it all works the same way, the people who are to be served find they have less
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quality care or service, the people that own the newly privatized agencies or companies do very well. study after study in my state shows these schools, the for-profit charter schools, don't give ohio students an adequate education and they cost taxpayers more. according according to a report from stanford's center for research on education outcomes, students lose 43 days of math and instruction and 14 days of reading instruction compared with traditional public schools in the state. we allowed for-profit school operators to inject profits into ohio's public education. they treated taxpayers like atm machines and shortchanged students. we can't allow the same thing to happen to veterans. i'll fight any effort to use americans' veterans to pad the profits of wealthy corporations. dr. jackson will have to commit to oppose any, any v.a.
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privatization efforts to earn my vote. we know the v.a. system isn't perfect. we know we can improve. we have work to do to improve and strengthen it. the doctor made some inreads in doing it. it's the largest health care system in the country. it serves 900 million veterans every year and provides care at 1,200 fates across the country, -- 1,200 across the country. too many veterans still face obstacles to getting the highest quality care through the v.a. system. i know veterans organizations, some of the best. to name a few, the disabled american veterans, the american legion, the amvet, the veterans of foreign wars, the paralyzed veterans of america, the polish american veterans, the -- all these organizations have said we
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don't want to privatize v.a. we want improvements in the veterans administration. but we want to keep it a public organization that serves veterans who fought for this country. just because the task is hard fixing the v.a. doesn't mean we will abandon our responsibilities to the men and women who serve this country. we need to redouble our efforts to strengthen the v.a., not tear it down, not privatize it. mr. president, i yield the floor. i note the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:
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the presiding officer: the senator from north dak. a senator: i ask that the quorum call be vitiated. the presiding officer: without objection. a senator: i ask also for time to complete my remarks. i understand there's four minutes left and i might go a few minutes over. i'm asking consent to complete my remarks. the presiding officer: without objection. mr. hoeven: i rise in support of s. 140 as amended, sponsored by the outstanding senator from the great state of kansas, senator moran. this bill affirms tribal sovereignty and upholds the unique government-to-government relationship that the united states shares with indian nations. as chairman of the indian affairs says there is afar more common ground. our committee has a strong tradition of working in a bipartisan manner to improve the lives of indian people and to build stronger native american
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communities. with the support of indian country, we've successfully advanced important initiatives to support tribal economic development, health care, public safety, and housing. additionally, we've worked to support our many native veteran, native americans proudly serve and defend our great country at some of the highest rates per capita of any ethnic group. of the 29 bills that we've cleared -- that we've cleared through the indian affairs committee this congress, 29 bills, 18 have passioned the senate by unanimous consent and four have already been signed into law. jefferson keel, lieutenant governor of the chickasaw nation and president of the national congress of american indians recently stated in an op-ed piece to the hill. quote, both political parties have seen the wisdom of supporting strong tribal governments and tribal sovereignty and have to realize that as most -- that as the most
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local of governments, tribes know how best to solve local challenges. tribal sovereignty is the inherent right of indian tribes to govern themselves on their own lands. and it has -- and it slt cornerstone of our -- is the cornerstone of our government-to-government nation-to-nation relationship. today marks a real opportunity for the senate to affirm and celebrate tribal sovereignty and self-determination. the senate will be considering s. 140 as amended, an act to amend the white mountain apache tribe water rights quantification act of 2010. and this bill combines both republican and democrat bills into three sections of s. 140. each of these bills, s. 140, s. 249, and s. 63 all passed out of the indian affairs committee with bipartisan support. the first section of s. 140
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would allow for a technical amendment so that the white mountain apache tribe can use all for a portion of already appropriated funds from a water rights settlement to complete their drinking water system in arizona. this section was originally sponsored by senators flake and mccain as s. 140. the bill was voice voted out of the indian affairs committee and passed the senate by unanimous consent. section 2 of s. 140 would amend the indian long-term leasing act so that the pueblo of santa clara and the ohkay owingeh are authorized to use their respective indian trust and restricted indian lands for up to 99 years. this is identical language to s. 99, a bill introduced by senators udall and heinrich of new mexico. that was passed by the committee on february 8 of 2017. section 3 of s. 140 would amend
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and clarify the national labor relations act so that indian tribes, tribal governments, and tribally owned and operated institutions and enterprise that are located on indian lands would be provided parity onto the law with respect to other governments. this would reverse the 2004 national labor relations board decision that found that tribal governments to be private organizations. that nlrb decision overturned years of precedent. let's thereon tribal leaders -- let's listen to tribal leaders. in his prepared statement to the indian affairs committee regarding the tribal labor sovereignty act of 2015, then-governor paul torres of puebla isleta stated, quote, this bill is essential to restore the dignity and equality of indian tribes as sovereigns, which the national labor relations board is seeking to deny us. the board treats every sovereign
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all the way down to the local governments and political subdivisions of the state as exempt from the national labor relations act except for one -- indian tribes. it does so even though congress made clear when the national labor relations act was enacted that the act does not apply to sovereign entities. the nlra does not mention indian tribes and for a long time the board recognized that the act does not apply to tribes. since 2004, it lost that power. but it did not ask congress for that power, nor did it ask the tribes for their view. so this clearly goes beyond what should be allowed under the law. we have accomplished a lot in our committee, and it's because we have listened to tribal leaders and their communities. this bill, s. 140, has the support of every tribal leader across the country. our national congress of american indians, the national
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indian gaming association, the u.s. chamber of commerce, and many other organizations. with that, mr. president, i urge a yes vote on cloture and passage of this bill. with that, mr. president, i yield the floor. the presiding officer: the clerk will report the motion to invoke cloture. the clerk: cloture motion: we, the undersigned senators, in accordance with the provisions of rule 22 of the standing rules of the senate, do hereby move to bring to a close debate on the motion to concur in the house amendment to s. 140, an act to amend the white mountain apache tribe water rights quantification act of 2010 and so forth, signed by 17 senators. the presiding officer: by unanimous consent, the mandatory quorum call has been waived. the question is, is it the sense of the senate that debate on the motion to concur in the house
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amendments to s. 140, a bill to amend the white house apache tribe water rights quantification act of 2010, to clarify the use of amounts of what settlement funds, be be brought to a close. the yeas and nays are mandatory under the rule. the clerk will call the roll. vote:
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the presiding officer: are there any senators in the chamber wishing to vote or wishing to change their vote? if not, on this vote, the yeas
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are 54. the nays are 41. three-fifths of the senators duly chosen and sworn not having voted in the affirmative, the motion is not agreed to. mr. mcconnell: madam president. the presiding officer: the majority leader. mr. mcconnell: i move to table the motion to refer. the presiding officer: the question is on the motion to table. all those in favor say aye. those opposed, no. the ayes appear to have it. the ayes do have it. and the motion is agreed to. mr. mcconnell: i move to table the motion to concur with further amendment. the presiding officer: the question is on the motion. all in favor say aye. those opposed, no. the ayes appear to have it. the ayes do have it. the motion is agreed to. mr. mcconnell: i move to concur in the house amendment to s. 140 with a further amendment. the presiding officer: the clerk will report. the clerk: the senator from kentucky, mr. mcconnell, moves to concur in the house amendment to s. 140 with an amendment
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numbered 2232. mr. mcconnell: i ask the reading of the amendment be dispensed with. the presiding officer: without objection. mr. mcconnell: i send a cloture motion to the desk on the motion to concur with further amendment. the presiding officer: the clerk will report. the clerk: cloture motion. we, the undersigned senators, in accordance with the provisions of rule 22 of the standing rules of the senate, do hereby move to bring to a close debate on the motion to concur in the house amendment to s. 140, an act to amend the white mountain apache tribe water rights quantification act of 2010 to clarify the use of the balance of the wmata settlement fund with further amendment signed by 17 senators signed as follows -- mr. mcconnell: i ask the reading of the names be dispensed with. the presiding officer: without objection. mr. mcconnell: i ask unanimous consent the mandatory quorum call be waived. the presiding officer: without objection. mr. mcconnell: i ask for the yeas and nays on the motion to concur with the amendment. the presiding officer: is there a sufficient second? there appears to be. the yeas and nays are ordered.
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mr. mcconnell: i have a second-degree amendment at the desk. the presiding officer: the clerk will report. the clerk: the senator from kentucky, mr. mcconnell, proposes an amendment numbered 2233 to amend numbered 2232. mr. mcconnell: i ask the reading be dispensed with. the presiding officer: without objection. mr. mcconnell: i move to refer the house message on s. 140 to the committee on commerce with instructions to report back forthwith. the presiding officer: the clerk will report. the clerk: the senator from kentucky, mr. mcconnell, moves to refer the house message to accompany s. 140 to the committee on commerce with instructions to report back forthwith a an amendment numbered 2234. mr. mcconnell: i ask for the yeas and nays on my motion. the presiding officer: is there a sufficient second? there appears to be. the yeas and nays are ordered. mr. mcconnell: i have an amendment to the instructions. the presiding officer: the clerk will report. the clerk: the senator from kentucky, mr. mcconnell, proposes an amendment numbered 2235 to the instructions on the motion to refer. mr. mcconnell: i ask the reading be dispensed with. the presiding officer: without objection. mr. mcconnell: i ask for the
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yeas and nays on my amendment. the presiding officer: is there a sufficient second? there appears to be. the yeas and nays are ordered. mr. mcconnell: i have a second-degree amendment at the desk. the presiding officer: the clerk will report. the clerk: the senator from kentucky, mr. mcconnell, proposes an amendment numbered 2236 to amendment numbered 2235. mr. mcconnell: i move to proceed to executive session to consider calendar number 609. the presiding officer: the question is on the motion. all in favor say aye. those opposed no. the ayes appear to have it. the ayes do have it. the motion is agreed to. the clerk will report the nomination. the clerk: nomination, national aeronautics and space administration, james bridenstine of oklahoma to be administrator. mr. mcconnell: i send a cloture motion to the desk. the presiding officer: the clerk will report. the clerk: cloture motion. we, the undersigned senators in accordance with the provisions of rule 22 of the standing rules of the senate do hereby move to bring to a close debate on the nomination of james bridenstine of oklahoma to be administrator
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of the national aeronautics and space administration signed by 17 senators as follows. mr. mcconnell: i ask consent the reading of the names be waived. the presiding officer: would you without objection. mr. mcconnell: i ask unanimous consent the mandatory quorum be waived. the presiding officer: without objection. mr. mcconnell: i ask unanimous consent the senate resume legislative session for a period of morning business with senators permitted to speak therein for up to ten minutes each. the presiding officer: without objection. mr. mcconnell: i ask unanimous consent the senate proceed to the consideration of s. res. 465 submitted earlier today. the presiding officer: the clerk will report. the clerk: s. res. 465, electing michael c. stinger as sergeant at arms and doorkeeper of the senate. the presiding officer: is there objection to proceeding to the measure? without objection, the senate will proceed. mr. mcconnell: i ask unanimous consent the resolution be agreed to, and the motion to reconsider be considered made and laid upon the table with no intervening
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action or debate. the presiding officer: is there objection? without objection. mr. mcconnell: i ask unanimous consent the senate now proceed to the en bloc consideration of the following senate resolutions which were submitted earlier today: s. res. 466, 467, and 468. the presiding officer: is there objection to proceeding to the measure en bloc? without objection, the senate will proceed. mr. mcconnell: i ask unanimous consent the resolutions be agreed to, the preamble be agreed to, and the motions to reconsider be considered made and laid upon the table all en bloc. the presiding officer: is there objection? without objection. mr. mcconnell: now, madam president, i ask unanimous consent that when the senate completes its business today it adjourn until 10:00 a.m. tuesday, april 17, further that following the prayer and pledge, the morning hour deemed expired, the journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day and
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morning business be closed. i further ask that following leader remarks the senate proceed to executive session to consider the muniz nomination under the previous order with the time until 12:30 p.m. equally divided between the two khraoerdz or their designees -- two leaders or their designees. i ask the senate recess from 12:30 until 2:15 to allow for the weekly conference meetings. the presiding officer: without objection, so ordered. mr. mcconnell: if there is no further business to come before the senate i ask it stand adjourned under the previous order following the remarks of senator udall. the presiding officer: without objection. mr. udall: madam president. the presiding officer: the senator from new mexico. mr. udall: thank you,
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madam president, for the recognition. madam president, i rise today as the ranking member on the eupbd indian affairs committee. in the parlance on the committee i'm called the vice chair -rplt normally our committee is very bipartisan. it was not so in the case today. in the debate it was mentioned this was a negotiated package. it was not. i was not asked for input as the vice chair of the committee. nothing about this bill sent over from the house was negotiated with me. for the first time in ten years this body has considered a bill from the committee on indian affairs using a cloture filing and valuable floor time. let me repeat that. for the first time in ten years this chamber just debated an indian affairs bill using valuable it floor time, not unanimous consent. for a senate majority, floor time and cloture filings are the
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coin of the realm, and this is the first time in ten years it's being spent on a tribal issue. over this decade, during which both democrats and republicans have held a majority, indian country has seen its priorities sidelined. important legislation that touches the lives of native veterans, native families, and native communities from maine to hawaii, from florida to alaska makes it out of the indian affairs committee only to dial waiting on the senate legislative calendar. often due to objections by one or a small handful of senators. legislation like, giving you examples here, the native american housing assistance and self-determination reauthorization act, the esther martinez native american languages act, the progress for indian tribes act, and the indian tribe energy development and self-determination act
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amendments of 2017. these are all broadly bipartisan bills that have gotten stuck in the legislative process for 5, 10, or even 15 years, all broadly supported bipartisan bills that indian country needs. they address pressing issues like homelessness, language loss and economic development. and all of these broadly supported bipartisan bills are central to fulfilling our solemn trust and treaty responsibilities. my colleague, the senior senator from montana, tells the same story about his fight to gain federal recognition for the little shell tribe. this legislation is important to montanans and to tribes he represents. it has been fighting -- this bill has been fighting for a day on the floor since 2008.
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and my distinguished colleagues from washington first took up the fight to get the spokane tribe settlement act signed into law back in 2003. i'm honored to work with so many colleagues who dedicate themselves each and every day to fighting for indian country, but we can't do that if indian affairs legislation is not given equal weight with other bills. it's shameful that this full body does not consider and resolve these and other important issues facing indian country, and it's shameful that when the senate gives indian country its first shot in ten years, republicans close the debate to prevent consideration of other pressing pieces of indian affairs legislation. i'm amazed that there will be no time for amendments, that there will be no time for this body to
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do what it's supposed to do: deliberate. deliberate, that's what we're supposed to do here. instead the majority leader limits consideration to one issue chosen specifically to amplify partisan rancor. we should be working together for indian country. the majority isn't doing that. it is using a wedge issue to pit people against each other in an attempt to score political points. when republicans were in the minority, senator mcconnell lamented the lack of debate. he complained that legislation was, quote, dropping on the floor with little or no opportunities for members to participate in the amendment process, virtually guaranteeing a fight. end quote. as the majority leader said, simply and eloquently, quote, bills should come to the floor
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and be thoroughly debated. this is the senate. let the senate work its will, and that means bringing bills to the floor. it means having a free and open amendment process. that is legislating. end quote. i couldn't agree more. we came here to craft legislation. we came here to take tough votes. that process may take more time, more work, and more cooperation, but it would lead to better outcomes for everyone. and most importantly in this case, it would lead to better outcomes for indian country. let there be no mistake, indian country loses when we give in to partisan rancor. we've seen this play out before when the $1 trillion tax cut was rammed through the chamber without any input from my democratic colleagues, what happened? indian country and indian tribes
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were entirely left out in the cold. there was not a single provision for indian tribes in a $1 trillion package. on the other hand, we know what happens when bipartisanship prevails. senator murkowski, my chairman on the interior appropriations subcommittee, and i were able to deliver big wins for indian country in the f.y. 2018 omnibus. we increased funding for the bureau of indian affairs by $204 million. and we increased funding for the indian health programs by another $500 million. that is almost three-quarters of $1 billion because democrats and republicans decided it was better to work for indian country instead of against each other. as anyone in indian country will tell you, indian affairs issues transcend partisan politics.
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native policy issues go to the core of the trust responsibility. to the government-to-government relationships enshrined in our institution and countless treaties. sadly, that is not true today. i wanted a better deal for indian country. indian country had to wait ten years for today's vote. we should have had a full opportunity to bring other issues on to the table and be added on to the bill in the form of amendments. housing, public safety, self-determination, and self-governance, these are equally deserving of the senate's consideration. we could have considered legislation that would do more to unite us than divide us. like the native american housing and self-determination act which expired in 2013, this important program benefits native americans, native hawaiians, and
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alaska natives. in my home state of new mexico, like most of indian country, the hasda is the primary source of funding for tribal housing needs and development. for instance, in isleta pueblo, 44% of households are low-income. whitehouse the hasda funding,ed -- without the hasda funding they would be unable to address this need. reauthorizing funding would allow them to meet future and current housing needs. instead we voted on one tribal priority, the tribal labor sovereignty act. i voted yes on cloture. as a long-term advocate for indian country, i understand and respect how integral tribal sovereignty is to tribal governments, and i am and always
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will be an unwavering supporter of tribal sovereignty. i am also a supporter of strong labor protections and the working families they protect in new mexico and around the country. i support collective bargaining, and i'm against right to work laws that are being pushed around the country. the tough issue here is that for decades tribes were treated as states and local governments and not subject to the national labor relations board. recent board and court decisions have changed that in some parts of the country, but not others, resulting in a patchwork of regulations. the previous administration proposed a compromise approach, but neither side embraced it. i hope that changes. but no matter the outcome today, i will continue to fight for indian country and seek new opportunities to enact long-standing tribal legislative
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priorities. i close with past advice from my colleague, the majority leader. and i quote, if you want fewer fights, give the other side a say. end quote. i couldn't agree more, and i urge the majority leader to give us and indian country a say. the presiding officer: under the previous order, the senate stands adjourned until stands adjourned until >> the senate blocked an attempt to limit debate on a bill that dealt with native american tribal water and labor rights.
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the agenda now expected to include executive and judicial nominations. live coverage is right here in c-span2. earlier in the office of arizona senator john mccain provided an update on his health announcing he had been admitted to the at mayo clinic in phoenix to undergo surgery for an intestinal infection. his remained in arizona for his participating in physical therapy while recovering from cancer treatment. is in stable condition and they are grateful for the excellent care team at appreciate support and prayers they receive from people all over the country. as a follow-up to the hearings with mark zuckerberg the communicators looks at privacy issues raised by personal data with facebook. lee goodman an attorney chair.
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>> look at all the politicians are some questions for ten hours, everyone has been using data mind from american citizens and to communicate with their constituents and build mailing lists and target voters. a lot of that is for good reasons. >> the issue is how data is collected, used, secured and processed by companies we engage in an online world in a comprehensive and pervasive way. >> watch tonight at eight eastern on c-span two. >> tonight on landmark cases, brandenburg versus ohio. ku klux klan leader was convicted of hate speech under
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ohio law. the supreme court ruled that state law violated his first amendment right. i guess we'll discuss these. watch landmark cases, tonight. join the conversation. our # is landmark cases. follow a set c-span. resources on the website for background. a link to the national constitution center's interaction center. in the podcast. >> the acting head of the irs was on capitol hill to testify about agency operations and recommendation for change including taxpayer online accounts. he talked about implementation of a tax bill. the hearing was held by the senate finance

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