CONGRESSIONAL RECORD - SENATE

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CIA-RDP77M00144R000800040048-1
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July 25, 2001
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48
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June 25, 1975
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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 Approved For Release 2001/08/25 : CIA-RDP77M00144R000800040048-1 S 11560 Approved For Release 2001/08/25: CIA-RDP77M00144R000800040048-1 _ 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 Approved For Release 2001/08/25: CIA-RDP77M00144R000800040048-1