Sherwood Boehlert: “I rise in strong support of Chairman Young's effort to strike title III of this bill. Title III is a classic case of…”

“I rise in strong support of Chairman Young's effort to strike title III of this bill. Title III is a classic case of legislative overkill and an attempt to circumvent standard House procedures at a time when this body is dedicated to avoiding both those legislative sins. Title III was included in this bill without any substantive hearings and over the strong bipartisan objections of the committee of jurisdiction. More importantly, it was pushed forward without any consultation with any Indian tribes, such as the Oneidas in my district, even though the tribes are the entities most directly affected. Contrast that with the numerous hearings and scrupulous research that went into drafting ICWA, and you can see why we try to have standard procedures around here. The proponents of title III complain about ICWA's unintended consequences--which are rare--but they say nothing about the unintended consequences of their own provision--which are systemic. Title III would complicate adoption proceedings, and could return us to the problems that led Congress to pass ICWA in the first place--State courts taking away Indian children. Madam Speaker, no one can gainsay the emotional damage done in the cases cited by title III's proponents. But title III goes far beyond what is necessary to correct those problems. Title III is clearly an instance where a hard case has made bad law. Vote to strike title III.”