CONGRESSIONAL RECORD - SENATE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800040048-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: July 25, 2001
• Sequence Number: 48
• Publication Date: June 25, 1975
• Content Type: OPEN

Approved For Release 2001/08/25 : CIA-RDP77M00144R000800040048-1
-Time 25, 1975
CONGRESSIONAL RECORD ? SENATE
liable for damages, reasonable attorneys'
fees, and litigation costs as provided in sub-
section (e) notwithstanding any provisions
of the Federal Tort Claims Act.
(g) A determination by a court of a viola-
tion of internal operating procedures
adopted pursuant to this Act should not be
a basis for excluding evidence in a criminal
case unless the violation is of constitutional
dimension or is otherwise so serious as to
call for the exercise of the supervisory au-
thority of the court.
CRIMINAL PENALTIES
SEC. 309. Any government employee who
willfully disseminates, maintains, or uses in-
formation knowing such dissemination,
maintenance, or use to be in violation of
this Act shall be fined not more than $10,000.
AUDIT AND ACCESS TO RECORDS BY THE
GENERAL ACCOUNTING OFFICE
SEC. 310. (a) The Comptroller General of
the United States shall from time to time,
at his own initiative or at the request of
either House or any committee of the House
of Representatives or the Senate or any joint
committee of the two Houses, conduct audits
and reviews of the activities of the Commis-
sion on Criminal Justice Information under
this Act. For such purpose, the Comptroller
General, or any of his duly authorized rep-
resentatives, shall' have access to and the
right to examine all books, accounts, records,
reports, files, and all other papers, things,
and property of the Commission or any Fed-
eral or State agencies audited by the Com-
mission pursuant to section 304(a) (6) of
this Act, which, in the opinion of the Comp-
troller General, may be related or pertinent
to his audits and reviews of the activities
of the Commission. In the case of agencies
audited by the Commission, the Comptroller
General's right of access shall apply during
the period of audit by the Commission and
for three years thereafter.
(b) Notwithstanding any other provision
of this Act, the Comptroller General's right
of access to books, accounts, records, reports,
and files pursuant to and for the purposes
specified in subsection (a) shall include any
information covered by this Act. However,
no official or employee of the General Ac-
counting Office shall disclose to any person
or source outside of the General Accounting
Office any such information in a manner or
form which identifies directly or indirectly
any individual who is the subject of such
information.
PRECEDENCE OF STATE LAWS
SEC. 311. Any State law or regulation which
places greater restrictions upon the mainte-
nance, use, or dissemination of criminal jus-
tice information, criminal justice intelligence
information, or criminal justice investigative
information or which affords to any individ-
uals, whether juveniles or adults, rights of
privacy or other protections greater than
those set forth in this Act shall take prec-
edence over this Act or regulations Issued
pursuant to this Act with respect to any
maintenance, use, or dissemination of in-
formation within that State.
APPROPRIATIONS AUTHORIZED
SEC. 312. For the purpose of carrying out
provisions of this Act, there are authorized
to be appropriated such sums as the Congress
deems necessary.
SEVERABILITY
SEC. 313. If any provision of this Act or
the application thereof to any person or
circumstance is held invalid, the remainder
of the Act and the application of the provi-
sion to other persons not similarly situated
or to other circumstances shall not be
affected thereby.
REPEALERS
SEC. 314. The following provisions of law
are hereby repealed:
(a) The second paragraph under the head-
ings entitled "Federal Bureau of Investiga-
tion; Salaries and Expenses" contained in
the Department of Justice Appropriations
Act, 1973; and
(b) Any of the provisions of the Privacy
Act of 1974. Public Law 93-579, 88 Stat. 1896,
applicable to information covered by this
Act.
EFFECTIVE DATE
SEC. 315, The provisions of sections 301
through 307 and of sections 310 and 312 of
this Act shall take effect upon the date of
enactment and members, officers, and em-
ployees of the Commission on Criminal Jus-
tice Information may be appointed and take
office at any time after that date. Provisions
of the remainder of the Act shall take effect
one year after the date of enactment: Pro-
vided, however, That the Commission may,
in accordance with section 304(b), delay the
effective date of any provision for up to one
additional year.
By Mr. JACKSON (by request) :
S. 2010. A bill providing for the im-
provement of law enforcement and the
determination of civil and criminal jur-
isdiction and law in Indian country, and
for other purposes. Referred to the Com-
mittee on Interior and Insular Affairs.
Mr. JACKSON. Mr. President, at the
request of the National Congress of
American Indians, I introduce, for ap-
propriate reference, a bill providing for
the improvement of law enforcement and
the determination of civil and criminal
jurisdiction and law in Indian country,
and for other purposes.
The purpose of the bill I introduce
today is to enable certain Indian tribes
to reacquire jurisdiction which was as-
sumed by State pursuant to Public Law
280. That public law was adopted by the
83d Congress and signed into law on Au-
gust 15, 1953. It was adopted during a
period in which the expressed Federal
policy toward Indians sought to termi-
nate Federal responsibility for, and spe-
cial relationships with, Indian tribes.
The avowed purpose of Public Law 280
was to give all of the States the option of
assuming civil and criminal jurisdiction
over Indan reservations within their
borders. Prior to that time, State juris-
diction over Indian reservations was lim-
ited to that conferred by special acts of
Congress or judicially recognized because
of the involvement of non-Indians. Jur-
isdiction over civil and criminal matters
between Indians on their reservations
rested with either the tribal governments
or the Federal Government.
As adopted in 1953, the statute sub-
jected, with three exceptions, the Indian
tribes in five specified States to the civil
and criminal jurisdiction of those States,
and gave the consent of the United
States to the assumption of such juris-
diction by all other States. The right to
initiate the assumption of such jurisdic-
tion was given entirely to the States. De-
spite the objections of several Indian
representatives, no requirement that the
consent of the Indian tribes affected be
obtained was included. A 1968 amend-
ment to Public Law 280 gave Indian
tribes the consent privilege over prospec-
tive acquisition of civil and criminal ju-
risdiction by the States.
Mr. President, I am introducing the
measures at the request of the National
Congress of American Indians. My intro-
duction of the bill neither reflects my
S 11559
support nor opposition to its various pro-
visions. The bill represents the official
position of the National Congress of
American Indians with respect to Public
Law 280 and the public policy issues
emanating from that public law. As the
attached letter from the president of the
national congress indicates, they have
requested that I introduce their bill so
that it might be considered along with
other pending measures that will be the
subject of hearings before the Subcom-
mittee on Indian Affairs in the near
future.
Several of the Indian tribes in my
home State of Washington are constitu-
ent members of the National Congress of
American Indians and as an accommoda-
tion to those tribal groups, as well as the
national congress In general, I am intro-
ducing the proposed legislation as a serv-
ice to the organization.
In conclusion, I want to reiterate my
belief that the position of the National
Congress of American Indians with re-
spect to Public Law 280 deserves con-
sideration along with other pending pro-
posals to be considered at the forthcom-
ing subcommittee hearing.
I ask unanimous consent that the bill,
together with the national congress letter
to me; be printed in the RECORD.
There being no objection, the bill and
letter were ordered to be printed in the
RECORD, as follows:
S. 2010
Be it enacted by the Senate and House
- of Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "Indian Law En-
forcement Improvement Act of 1975."
TITLE I?DETERMINATION OF CIVIL AND
CRIMINAL JURISDICTION AND LAW
SEC. 101?The Congress, after careful re-
view of the Federal Government's historical
and special legal relationship with the Ameri-
can Indian people, finds that:
(a) The Federal Government has hereto-
fore recognized the sovereignty of Indian
tribes through treaties, agreements, and ex-
ecutive orders and statutes;
(b) Congress has heretofore declared it to
be the policy of the United States to guaran-
tee self-determination to American Indians
and to preserve the Federal Government's
relationship with and responsibility to In-
dian tribes;
(c) The lack of a consistent Congressional
Indian policy in the past has resulted in the
nuclear jurisdictional status of Indian coun-
try with varying patterns of jurisdictional
checkerboarding, overlapping and inconsist-
encies which show little or no promise of
clear and workable judicial determination;
(d) It has not been finally judicially deter-
mined whether the application of tribal,
state, and federal civil and criminal jurisdic-
tion and law in Indian country is exclusive
or concurrent;
(e) Jurisdictional problems of increasing
severity and magnitude in Indian country
have demonstrated that subjecting Indians
and Indian country to state or federal civil
and criminal jurisdiction and law without
regard to the unique cultural, political, geo-
graphic and social factors of each Indian
tribe and reservation is unjust and unwork-
able;
(f) The Indian tribes will never surrender
their right to determine civil and criminal
jurisdiction and law within the Indian coun-
try;
(g) True sell-determination of Indian
tribes and the solution of jurisdictional prob-
lems in Indian country require that Indian
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CONGRESSIONAL RECORD- SENA1 E J une 19/.)
tribes design their own legal and judicial
systems and determine how the exercise of
civil and criminal jurisdiction and law in
Indian country be shared by tribal, state
and federal governments and whether such
jurisdiction and law be exclusive or con-
current; Indian tribal government and sov-
ereignty must therefore be nurtured and
,Arentghened by comprehensive federal as-
astance in the improvement of law enforce-
ment in Indian country.
iiEc. 102 a)-As used in this Act, the term
"fedian country" includes:
I) all land within the exterior boundaries
of any federally recognized Indian reserva-
tion, notwithstanding the issuance of any
trust or lee patent, and including any right-
of-way running through the reservation;
t 2) all dependent Indian communities
within the borders of the United States.
whether within the original or subsequently
acquired territory thereof, and whether with-
in or without the limits of a State;
(3) alt trust or restricted Indian allot-
ments or lands including any rights-of-way
to bning through them; and
(.1) all trust or restricted land outside the
limits of any Indian reservation held by the
United States for any Indian tribe, band,
community, group, or pueblo.
(b) As used in this Act, the term "tribe"
where appropriate, mean federally
recogeized Indian tribe, band, community,
group. or pueblo.
Fire. 1 e3 ( a -In any case in which, pur-
N, lent to the provisions of sections 2,4, 6, or
7 of the Act of August 15, 1953, 67 Stat. 588,
the Act ,.f February 8, 1887, 24 Stat. 390, the
Act of May 27, 1902, 32 Stat. 245, the Act of
May 31, 1902, 32 Stat. 284, the Act of May
8, 1906. s4 Stat. 182, the Act of May 6, 1910,
36 Stat. 348, the Act of December 30, 1916,
33 Stat. l365, the Act of June 14, 1918, 40 Stat.
016, the Act of April 28, 1924, 43 Stat. 111,
the Act oi June 26, 1936, 49 Stat. 1967, the
Act of August 25, 1937, 50 Stat. 806, the Act
or June 25, 1948, 62 Stat. 827, the Act of July
51, 1948, 62 Stat. 1224, the Act of September
I-i. 1950. 64 Stat. 845, the Act of August 27,
1054. 65 Stat. 868, the Act of June 18, 1956,
70 Stat. 290, the Act of August 8, 1958, 72
ettat. 5e3, the Act of April 11, 1968, 82 Stat.
73, or the Act of November_ 25, 1970, 84 Stat.
1358. or court decisions, any area of Indian
eournen or person therein is subject to State
civil or crirninai jurisdiction or law, the In-
dian tribe affected is authorized to adopt
resolutions indicating its desire (1) to have
:tie Ur, States reacquire all or any meas-
ere of itch civil or criminal jurisdiction and
to have all or any measure of the correspond-
ing en ul or criminal law of the state no
tonger applicable, and (2) to determine
whether tribal, civil, or criminal jurisdiction
or tan shall be concurrent with all or any
measure of Federal or State civil or criminal
jurisdiction or law.
(b) Any such resolution shall be adopted
by the tribal council or other governing body
of 6lIC.1 tribe, or shall be adopted by the ini-
i,iat,ive or referendum procedure contained
in LiTit tribal constitution and bylaws: Pro-
vided. however, That if the tribal constitu-
Umn arid bylaws contain no initiative or
refereedum procedure, the resolution may be
adopted -by majority vote of the eligible 'vot-
ers who are enrolled members of the tribe
residing on its reservation in a referendum
election upon a petition signed by at least
25 pereent of the eligible voters of the tribe
who .ire enrolled members residing on its
m.ervation.
e} Ninety days following receipt by the
Secretary of the interior of any such resolu-
tion adopted in accordance with the provi-
sions of this Ac,t, the resolution shall be ef-
fective unless the Secretary of the Interior
has within that period formally disapproved
the resolution for-the reason that (1) the
tribe has ro applicable existing or proposed
law and order code, or (2) the tribe has no
plan for fulfilling its responsibilities under
the jurisdietion sought to be reacquired or
determined.
(d) Whsnever the resolution shall become
effective, tl) the United States shall re-
acquire, in accordance with the provisions of
the resolution, all or any measure of such
civil or criminal jurisdiction in such area of
Indian coentry or parts thereof occupied by
the tribe, ,eid all or any measure of the cor-
respondins civil or criminal law of the State
Shall no keiger be applicable therein, and (2)
tribal civil or criminal jurisdiction or law
shall, in accordance with the provisions of
the resolie ion, be concurrent with all or any
measure ef Federal or State civil or criminal
jurisdictien or law.
(e) Upen disapproval by the Secretary of
any such -esolution, the Secretary shall im-
mediately assist the tribe under title II
hereof in preparation of a law and order
code or is. en and when such inadequacies are
alleviated the Secretary shall approve the
resolution In the event of disapproval by
the Secretary of any such resolution, the
tribe affe 'ted may appeal the disapproval
to the Fe:leral Court for the District of Co-
lumbia in which original jurisdiction for any
such appeal is hereby vested, and the Sec-
retary sl, ill have the burden of sustaining
his findit s,a upon which the resolution was
disappro, ad.
SEC. le -No action or proreeding pending
before a:- v court or agency of any State im-
mediate] prior to the reacquisition or de-
termine: on of jurisdiction pursuant to this
Act shall abate by reason thereof. For pur-
poses of ',Ay such action or proceeding, such
reacquie,:.on or determination of jurisdic-
tion sha take effect on the day following the
date of coal determination of such action or
proceed: t:g.
SEC. 1, 1.;-Section 6 of the Act of August 15,
1953 (67 Stat. 588) is here.ty repealed, but
such re cal shall not affect any cession, of
jurisdic, ,on validly made pursuant to such
section odor to its repeal.
TITLE :7-IMPROVEMENT OF LAW EN-
FORCE' TENT ON INDIAN RESERVATIONS
SEC. 1311 (a) The Secretary of the Interior
is a,utherized and directed to establish and
implem et programs to improve law enforce-
ment sd the administration of justice
within Indian reservations and Indian
coma tr;
(b) s implementing sesh programs the
Secreta.: is authorized to make grants to
and co- tracts with, Indian tribes, to imple-
ment e -ograms and projects to-
(1) etermine the feasibility of Federa
reacqm itions of jurisdiction and determi-
nation of jurisdiction. over such India'
county, or parts thereof occupied by sucl
tribes, including preparation of law atic
order ides, substantive laws, codes of civi
and cr,rainal procedure, and establish/nen
of pla for fulfilling tribal responsibilitie
under the jurisdiction sought to be re-
acquired or determined;
(2) etablishing and strengthening polic
forces if the tribes. including recruitmen-
trainie j, compensation, fringe benefits, an
the acquisition -and maintenance of polk
equipment;
(3) establishing aed improving trib '
courts in order to assure speedy and jut-
trials :cr offenders, and appointment, train -
ing ard compensation of qualified judge--,
and the appointment, training and compee
sation of qualified Indian prosecution oft,
cers, the establishment of competes
legal .lefender programs;
(4) the establishment and maintenanes
of correctional facilities and the establish-
ment and strengthening of correctional pe -
sonnet departments, including recruitmer
trains:1g, compensatiore and fringe beneft
Jules 18, 1975.
lion, HENRY M. JACKSON,
Chairman. Interior and Insular Affairs Com-
mittee, U.S. Senate, Dirksen Office Build-
ing; Washington, D.C.
DEAR MR. CHAIRMAN: Please accept a
.elated note of congratulations on your be-
: ng selected as one of the receipients of our
:ward at this year's fund-raising banquet.
Your work on behalf of legislation for
he benefit of American Indians is greatly
ppreciated, and I extend ,that sentiment to
nu on behalf of NCAI and its membership
icross Indian Country.
I would also like to apprise you of the
-xtent to which we have involved ourselves
eith the problems of P.L. 83-280. The tribes
:lave gone through considerable expense and
nme to attend a series of national confer-
slices to arrive at a measure of consensus
eoncerning 280 and the proposed Abourezk
bill. We, in no way, wish to undermine his
efforts, but we would respectfully request
that your office introduce an alternate bill
(attached) written by NCAI, which we feel
best incorporates the tribal feelings on the
jurisdiction question.
I realize only to well the time constraints.
However, your help in introducing tile bill
in time to provide additional focus for the
tribes' consideration at the hearings set for
the 23rd and 24th of this month, would be
greatly appreciated.
Sincerely,
TONASK,ET,
President, NCAl,
By Mr. SCHWEIKER (for himself
and Mr. JaviTs) (by request)
S. 2011. A bill to extend appropriations
authorizations for emergency medical
services systems, and for other purposes.
Referred to the Committee on Labor and
Public Welfare.
Mr. SCHWEIKER. Mr. President. at
the request of the administration, I in-
troduce, with my colleague from New
York (Mr. JAms) , S. 2011, a bill to
extend appropriations authorizations for
emergency medical services systems, and
for other purposes. This bill would ex-
tend to the end of fiscal year 1.978 the
appropriations authorizations for emer-
gency medical services systems-E:MSS--
now due to expire at the end of fiscal
year 1976.
Mr. President, I ask unanimous con-
sent that the letter of transmittal of
the proposed legislation and the text of
the bill be printed in the RECORD.
There being no objection, the bill and
letter were ordered to be printed in the
RECORD, as follows:
S. 2011
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled.
SECTION 1. Section 1203(c) (3) of the Pun-
lie Health Service Act is amended-
(1) by striking out "for" each time it re-
curs and inserting instead "in", and
(2) by striking out "June 30, 1976" and in-
serting instead "September 30, 1978".
SEC 2. Section 1206(e) of the Act is amend-
ed-
(1) by striking out "authorized by this
title" and inserting instead "authorized by
section 1202, 1203, or 1204", arid
(2) in clause (1), by striking out "1207"
and inserting instead "1207(a)
SEC. 3, Section 1207(a) of the Act is
amended-
(1) in paragraph (1), by-
(A) striking out "and" after "June 30,
1974",
(13 inserting ", and 822,600,000 for the
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