In 2002, Democrats defeated an attempt to close the tribal political donation "loophole," the conservative publication Human Events says.

Rep. Dale Kildee (D-Michigan) said the Congressional Native American Caucus worked to defeat an amendment proposed by House Republican leaders. Kildee said a "handful of pro-Indian Republican congressman" -- including Rep. J.D. Hayworth (R-Arizona) -- helped protect tribal political donations from limits.

Some Republicans are now seeking to impose limits on tribal donations in the wake of the Jack Abramoff scandal. Separate bills are pending in the Senate and in the House.

Under the Federal Election Campaign Act, tribes can contribute up to $2,100 per election to federal candidates, $5,000 per year to PACs, $10,000 per year to the federal account of state parties and $26,700 to national parties. But a tribe cannot make these contributions if it is classified as a corporation or a federal contractor, the prohibition that applies to other corporations and contractors.

The law also establishes a $101,400 limit on contributions "individuals" can make in a two-year period. But since tribes are not considered "individuals," they are not subject to this restriction -- and neither are certain entities such as political committees.

Get the Story:
House Democrat Boasted of Saving Tribal-Contributions Loophole (Human Events 3/14)

FEC Advisory:
Indian Tribes (February 2, 2006)

Federal Elections Commission Opinions:
Advisory Opinion 1999-32 (January 28, 2000) | Advisory Opinion 2000-05 (May 15, 2000) | Advisory Opinion 2005-01 (March 14, 2005)

More Advisory Opinion 2005-01 Documents:
Advisory Opinion Draft A and Draft B | Tribe's Request for Advisory Opinion

Relevant Links:
Federal Election Commission - http://www.fec.gov
PoliticalMoneyLine - http://www.politicalmoneyline.com
Center for Responsive Politics - http://www.opensecrets.org

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