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The original documents are located in Box 29, folder "8/9/75 S2073 Indian Policy
Commission Amendments" of the White House Records Office: Legislation Case Files at
the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
from Box 29 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
APPROVED
ACTION
THE WHITE HOUSE
Last Day: August 14
WASHINGTON
August 8, 1975
Posted (Voil, Col.) Col.)
MEMORANDUM FOR
THE PRESIDENT
8/11
FROM:
JIM CANNON
SUBJECT:
S. 2073 - Indian Policy Commission
To Carchines
Amendments
8/12
Attached for your consideration is S. 2073, sponsored by
Senator Abourezk, which authorizes the American Indian
Policy Review Commission to accept voluntary contributions
of services and amends the Commission's enabling legislation
in several other minor respects which are detailed in OMB's
enrolled bill report at Tab A.
OMB, Max Friedersdorf, Ted Marrs, Counsel's Office (Lazarus)
and I recommend approval of the enrolled bill.
RECOMMENDATION
That you sign S. 2073 at Tab B.
FORD
APPROVED AUG 9- OFFICE STATES UNITED
the
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
AUG 7 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 2073 - Indian Policy Commission
amendments
Sponsor - Sen. Abourezk (D) South Dakota
Last Day for Action
August 14, 1975 - Thursday
Purpose
Authorizes the American Indian Policy Review Commission to
accept voluntary contributions of services and amends the
Commission's enabling legislation in several other minor
respects.
Agency Recommendations
Office of Management and Budget
Approval
Civil Service Commission
Approval
Department of the Interior
No objection
United States Postal Service
No objection
Department of the Treasury
No recommendation
Discussion
The American Indian Policy Review Commission was established
by Joint Resolution in January 1975 to recommend changes in
policies and programs affecting Indians. The Commission
is composed of three Senators, three Representatives and
five Indian members.
The enrolled bill would make four minor changes to the Commis-
sion's authorizing legislation. Specifically, it would:
- authorize the Commission to accept donations of property
and uncompensated personal services, and allow any volunteer
to be reimbursed for travel and related expenses;
2
- allow matter mailed by the Commission to be sent under
the frank of any Member of Congress serving as the
Chairman;
- clarify a provision that allows the Commission to use
the services and personnel of Federal agencies to
show that such use may be with or without reimburse-
ment; and,
- give the Commission authority to pay members of its
task forces at the per annum gross rate or daily
rate payable to Senate employees.
Although Interior notes in its enrolled bill letter that two
provisions are not clear and may present technical problems
in the future, none of the agencies raises a substantive
objection. The Commission is a congressional body and, thus,
the terms of its establishment and operation can be regarded
as essentially an internal matter of the Congress.
James m. Director Trey for
Legislative Reference
Enclosures
OF THE INTERIOR
United States Department of the Interior
OFFICE OF THE SECRETARY
March
3,
1849
WASHINGTON, D.C. 20240
AUG 4 1975
Dear Mr. Lynn:
This responds to your request for our views on the enrolled bill
S. 2073, "To authorize the American Indian Policy Review Commission
to accept voluntary contributions of services and for other purposes."
We have no objection to Presidential approval of this enrolled
bill.
Enrolled bill S. 2073 would amend P.L. 93-580 (88 Stat. 1910),
which established the American Indian Policy Review Commission.
The Commission is composed of six Congressional members and five
Indian members and has set up eleven 3-member task forces to aid
in the development of the Commission's final report on "the nature
and scope of necessary revisions in the formulation of policies
and programs for the benefit of Indians. " Under section 5(a) of
P.L. 93-580, the Commission is to expire by June 30, 1977.
Section 1 of the enrolled bill would add two new subsections to
section 3 of P.L. 93-580 ("Powers of the Commission"). New
subsection (e) would authorize the Commission to accept donations
of money, property, and uncompensated services and the new sub-
section (f) would permit the Commission to mail material under
the frank of the member of Congress serving as its chairman.
Section 2 of the enrolled bill would amend section (c) of P.L. 93-580
to authorize the Commission to fix the compensation of the members
of its task forces at per annum gross rates or at a rate not to
exceed the daily equivalent of the highest rate of annual compensa-
tion that may be paid to employees of the United States Senate
generally.
Section 3 of S. 2073 would amend section 6(b) of P.L. 93-580 to
specify that the "services, information, facilities, and personnel"
of executive departments and agencies which section 6(b) now
authorizes the Commission to utilize may be on a reimbursable or
nonreimbursable basis.
CONSERVE
AMERICA'S
ENERGY
Save Energy and You Serve America!
Section 3 of the enrolled bill further amends section 6(b) of
P.L. 93-580 to authorize the Commission to procure temporary or
intermittent services of experts, consultants or organizations
thereof by contract, the rate of compensation thereunder not to
exceed the daily equivalent of the highest per annum rate paid
U.S. Senate employees generally.
Although P.L. 93-580 now contains no requirement as to reimburseme nt
or nonreimbursement, we understand that under general Congressional
rules applicable to the Commission, reimbursement is required unless
otherwise authorized. The revision in section 2 of S. 2073 apparently
leaves the matter of reimbursement to be worked out by mutual agree-
ment between the Commission and the department or agency involved.
Section 4 of S. 2073 would add a new subsection (c) to section 6
of P.L. 93-580 to provide that a person providing "voluntary and
uncompensated services to the Commission shall not by reason of
such service be deemed to be an employee of the United States" and
to authorize the reimbursement of such persons for their "travel,
subsistence, and other necessary expenses ***. "
Although we have no objection to approval of this enrolled bill,
we would note two technical problems that may arise thereunder.
Section 6(b) of P.L. 93-580 as currently written and as it would
be amended by section 3 of S. 2073 does not indicate whether details
of Executive branch employees to the Commission are subject to the
120 day limitations under Civil Service Commission regulations
which also provide that extensions of such details for up to an
additional 120 days are only permitted with Civil Service Commission
approval. This point was not clarified either in the bill or in
the legislative history.
Second, it would appear that the amendment in section 4 of S. 2073
would result in excluding voluntary Commission workers from the
coverage of the laws applicable to Federal employees. Among such
laws are the conflict of interest provisions set out in chapter 11
of title 18, U.S. Code. That chapter includes references to
"special Government employee" as well as to "officer or employee"
of the executive or legislative branch (see 18 U.S.C. 202 and 205).
While it is our understanding that the provision in section 4 of
S. 2073 is intended to exclude volunteer Commission workers from
the application of such statutes, it is uncertain as to whether
the language of section 4, "shall not by reason of such service
be deemed to be an employee of the United States," is sufficient
2
to exempt a volunteer Commission worker from the definition of
"special Government employee" under 18 U.S.C. 202. The legislative
history of enrolled bill S. 2073 does not clarify this point
either.
On December 27, 1974, in our report on enrolled bill S.J. Res. 133,
(which became P.L. 93-580), this Department stated that it had no
objection to the establishment of the American Indian Policy Review
Commission because it is a clear perogative of the Congress to
establish any Commission or Committee that it so desires. For
the same reason, we have no objection to amending P.L. 93-580,
which is an internal matter of the Congress.
Sincerely yours,
Morris Compson Commissioner
Honorable James T. Lynn
Director, Office of
Management and Budget
Washington, D. C. 20503
3
UNITED
STATE
CIVIL STATE
UNITED STATES CIVIL SERVICE COMMISSION
WASHINGTON, D.C. 20415
CHAIRMAN
August 5, 1975
Honorable James T. Lynn
Director, Office of Management and Budget
Washington, D.C. 20503
Attention: Assistant Director for
Legislative Reference
Dear Mr. Lynn:
This is in response to your request for the views and recommendations
of the Civil Service Commission on enrolled S. 2073, a bill "To
authorize the American Indian Policy Review Commission to accept
voluntary contributions of services and for other purposes."
Our comments are limited to the personnel provisions.
Section 1 of the enrolled bill would allow the American Indian
Policy Review Commission, a Congressional body, to accept voluntary
contributions, and uncompensated personal services. Under section 4
persons performing voluntary services would not be considered
Federal employees but could accept reimbursement for travel, sub-
sistence and other necessary expenses.
Section 2 would give the Commission authority to pay task force
members at a daily rate or use the per annum gross rate for the
highest rate payable to Senate employees.
Section 3 would permit the Commission to use the services, facilities,
information and personnel of executive departments and agencies
with or without reimbursement. It would also continue an authority
to procure the services of experts and consultants.
The American Indian Policy Review Commission is a Congressional body
over which the Civil Service Commission has no jurisdiction. We have
no objection to any of the personnel provisions of enrolled S. 2073,
and we recommend that the President sign this enrolled bill.
By direction of the Commission:
Sincerely yours,
Robert Chairman Hampton
POSTA
UNITED STATES *
U.S.MAIL
SERVICE *
*******
LAW DEPARTMENT
Washington, DC 20260
August 5, 1975
Dear Mr. Frey:
This responds to your request for the views of the Postal Service with
re spect to the enrolled bill:
S. 2073, "To authorize the American Indian Policy Review Com-
mission to accept voluntary contributions of services
and for other purposes. 11
1. Purpose of Legislation as it
The bill proposes to amend section 3
Pertains to the Postal
of Pub. L. No. 93-580, 88 Stat.
Service.
1912, which established the American
Indian Policy Review Commission, to
allow matter mailed by the Commission
to be sent under the frank of any
Member of Congress who is serving
as the chairman of the Commission.
Such use of the frank is recognized
under 39 U.S.C. $3215, which permits
a Member to lend his frank to a
Congressional commission.
2. Position of the Postal
The Postal Service does not oppose
Service.
the enactment of this legislation.
3. Timing.
We have no recommendation to make
as to when the measure should be
signed.
4. Cost or Savings.
Under 39 U.S.C. $3216, the Postal
Service is reimbursed for postage on,
and fees and charges in connection
with, mail matter sent under the frank.
Accordingly, this bill would have no
adverse impact on postal revenues.
-2-
5. Recommendations of
The Postal Service does not object
Presidential Action.
to approval of the bill by the President.
Sincerely,
W. allen Sanders
W. Allen Sanders
Assistant General Counsel
Legislative Division
Mr. James M. Frey
Assistant Director
Legislative Reference
Office of Management
and Budget
Washington, D. C. 20503
DEPARTMENT
OF
BHL
TREASURY
THE GENERAL COUNSEL OF THE TREASURY
THE
WASHINGTON, D.C. 20220
1789
AUG 5 1975
Director, Office of Management and Budget
Executive Office of the President
Washington, D. C. 20503
Attention: Assistant Director for Legislative
Reference
Sir:
Reference is made to your request for the views of
this Department on the enrolled enactment of S. 2073, "To
authorize the American Indian Policy Review Commission to
accept voluntary contributions of services and for other
purposes.
"
The enrolled enactment would amend Public Law 93-580,
providing for the establishment of the American Indian
Policy Review Commission, to authorize the Commission to
accept and use donations of money, property, and uncompensated
services from any person whether public or private for the
purposes of carrying out its mandate to review the historical
and legal relationships of American Indians to the Federal
Government. The enrolled bill would also amend Public Law
93-580 to authorize the Commission to utilize the services,
information, facilities, and personnel of Federal agencies
with or without reimbursement in carrying out its functions.
Finally, the enrolled bill would provide that a person who
provides voluntary and uncompensated services to the Commission
shall not by reason of such services be deemed to be an
employee of the United States, and that any such person may
be reimbursed for travel, subsistence, and other necessary
expenses incurred in behalf of the Commission.
-2-
The Department has no recommendation to make on the
merits of the enrolled enactment.
Sincerely yours,
General Counsel
Richard'R. Albrecht
THE
EXECUTIVE OFFICE OF THE PRESIDENT
UNITED
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
3:30pm.
AUG 7 1975
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 2073 - Indian Policy Commission
amendments
Sponsor - Sen. Abourezk (D) South Dakota
Last Day for Action
August 14, 1975 - Thursday
Purpose
Authorizes the American Indian Policy Review Commission to
accept voluntary contributions of services and amends the
Commission's enabling legislation in several other minor
respects.
Agency Recommendations
Office of Management and Budget
Approval
Civil Service Commission
Approval
Department of the Interior
No objection
United States Postal Service
No objection
Department of the Treasury
No recommendation
Discussion
The American Indian Policy Review Commission was established
by Joint Resolution in January 1975 to recommend changes in
policies and programs affecting Indians. The Commission
is composed of three Senators, three Representatives and
five Indian members.
The enrolled bill would make four minor changes to the Commis-
sion's authorizing legislation. Specifically, it would:
- authorize the Commission to accept donations of property
and uncompensated personal services, and allow any volunteer
to be reimbursed for travel and related expenses;
2
- allow matter mailed by the Commission to be sent under
the frank of any Member of Congress serving as the
Chairman;
- clarify a provision that allows the Commission to use
the services and personnel of Federal agencies to
show that such use may be with or without reimburse-
ment; and,
- give the Commission authority to pay members of its
task forces at the per annum gross rate or daily
rate payable to Senate employees.
Although Interior notes in its enrolled bill letter that two
provisions are not clear and may present technical problems
in the future, none of the agencies raises a substantive
objection. The Commission is a congressional body and, thus,
the terms of its establishment and operation can be regarded
as essentially an internal matter of the Congress.
James m. Director Trey for
Legislative Reference
Enclosures
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: August 7
Time: 500pm
FOR ACTION:
Ted Marrs
on
cc (for information):
Jim Cavanaugh
Tod Hullin
Jack Marsh
Dick
Max
Ken Lazarus
in
FROM THE STAFF SECRETARY
DUE: Date:
August 8
Time: noon
SUBJECT:
H.R. 2073 - Indian Policy Commission Amendments
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
-
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Jhhnston, Ground Foor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: August 7
Time: 500pm
FOR ACTION:
Ted Marrs
CC (for information):
Tod Hullin
Jim Cavanaugh
Jack Marsh
Dick Parsons
Max Friedersdorf
Ken Lazarus
FROM THE STAFF SECRETARY
DUE: Date:
August 8
Time: noon
SUBJECT:
S. 2073 - Indian Policy Commission Amendments
ACTION REQUESTED:
- For Necessary Action
For Your Recommendations
-
Prepare Agenda and Brief
Draft Reply
-X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
no objection
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
telephone the Staff Secretary immediately.
James
11.
C:
the
PROGRAM
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: August 7
Time: 500pm
FOR ACTION:
Ted Marrs
CC (for information):
Tod Hullin
Jim Cavanaugh
Dick Parsons
Jack Marsh
Max Friedersdorf
Ken Lazarus
FROM THE STAFF SECRETARY
DUE: Date:
August 8
Time:
noon
SUBJECT:
S. 2073 - Indian Policy Commission Amendments
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
-X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
AUG 8 1975
Recommend Epproval,
A.C may F.r R. persons
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
telephone The Staf Secretary immediately.
James No C:
Pren
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: August 7
Time: 500pm
FOR ACTION:
Ted Marrs 102
CC (for information):
Jim Cavanaugh
Tod Hullin
Jack Marsh
Dick Parsons
Max Friedersdorf
Ken Lazarus
FROM THE STAFF SECRETARY
DUE: Date:
August 8
Time:
noon
SUBJECT:
S. 2073 - Indian Policy Commission Amendments
ACTION REQUESTED:
- For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
Concur in
recervations as & were
anthorization
new use of personned,
faulity the
~ marks
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
telephone the Staff Secretary immediately.
Tames B. C:
the
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: August 7
Time: 500pm
FOR ACTION:
q
Ted Marrs
CC (for information):
Tod Hullin
Jim Cavanaugh
Dick Parsons
Jack Marsh
Max Friedersdorf
Ken Lazarus>
FROM THE STAFF SECRETARY
DUE: Date:
August 8
Time:
noon
SUBJECT:
S. 2073 - Indian Policy Commission Amendments
ACTION REQUESTED:
-
For Necessary Action
For Your Recommendations
Prepore Agenda and Brief
Draft Reply
-X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
No objection -- Ken Lazarus 8/8/75
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delav in submitting the required material, please
telephone the Staff Secretary immediately.
James 11 C:
the
THE WHITE HOUSE
WASHINGTON
August 8, 1975
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF
RF
SUBJECT:
S.2073 - Indian Policy Commission Amendments
The Office of Legislative Affairs concurs with the agencies
that the
subject bill be signed.
Attachments
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-426
AUTHORIZING THE AMERICAN INDIAN POLICY REVIEW
COMMISSION TO ACCEPT VOLUNTARY CONTRIBU-
TIONS OF SERVICES AND FOR OTHER PURPOSES
JULY 30, 1975.-Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. HALEY, from the Committee on Interior and Insular Affairs,
submitted the following
REPORT
[To accompany S. 2073]
The Committee on Interior and Insular Affairs, to whom was re-
ferred the bill (S. 2073), to authorize the American Indian Policy
Review Commission to accept voluntary contributions of services and
for other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as amended
do pass.
The amendment is as follows:
Page 2, following line 5, insert the following new Section 2 and re-
number the succeeding sections accordingly:
SEC. 2. Section 4 (c) of such resolution is amended to read
as follows:
"(c) The Commission may fix the compensation of the
members of such task forces at per annum gross rates or at a
rate not to exceed the daily equivalent of the highest rate of
annual compensation that may be paid to employees of the
United States Senate generally."
PURPOSE
The purpose of S. 2073 is to confer authority on the American Indian
Policy Review Commission for the use of the franking privilege and
to accept and use more effectively voluntary and Executive agency
personnel and services.
BACKGROUND
The 93d Congress enacted Senate Joint Resolution 133 which estab-
lished the American Indian Policy Review Commission, to make a
unified survey of the total field of Indian affairs under the auspices
57-006
2
3
of the United States Congress, in order to recommend rational legisla-
Finally, section 4 of the bill amends section 6 of the Act by adding
tive solutions to a myriad of problems faced by the American Indian
a new subsection. It provides that voluntary or uncompensated per-
and to give added effect to the trust responsibility of the United States
sonnel of the Commission will not be considered employees of the
in meeting those problems. The Commission is composed of three Mem-
United States, but does permit such personnel to be reimbursed for
bers of the House, three Members of the Senate, and five Indian
travel, subsistence, and other necessary expenses of such personnel
Members.
while on Commission business. The Commission has found that many
The Commission has been in operation for approximately four
talented people are willing to offer their services to the Commission
months, having embarked upon its responsibilities early last Spring.
on a voluntary or non-compensated basis, but it is unable, under the
Experience during this period of operation has disclosed some minor
Senate rules, to reimburse such personnel for expenses they incur on
but frustrating defects in the enabling legislation which require re-
Commission business.
medial legislation. These defects include the lack of authority in the
Commission to use the franking privilege and lack of certain author-
COST AND BUDGET ACT COMPLIANCE
ities to permit the Commission to use volunteer services and Executive
Branch assistance more adequately and effectively.
No Federal expenditures are involved in the enactment of S. 2073.
S. 2073 amends the law establishing the Commission by permitting
the Commission (1) to mail material under the frank of the Member
INFLATIONARY IMPACT
of Congress serving as Chairman; (2) to accept volunteer services and
None.
property for purposes of carrying out the mission of the Commission
OVERSIGHT STATEMENT
(3) to use Executive Branch personnel, information, services, or facili-
ties on a reimbursable or non-reimbursable basis; and (4) to pay the
Pursuant to Rule X, clause 2(b) (1), the Subcommittee on Indian
expenses of persons providing voluntary or uncompensated services
Affairs continues to exercise ovérsight responsibilities in connection
to the Commission.
with Indian legislation. No recommendations were submitted to the
Committee pursuant to Rule X, clause (b) (2).
SECTION-BY-SECTION ANALYSIS OF S. 2073, AS AMENDED
COMMITTEE RECOMMENDATION
S. 2073, as amended by the Committee, is a bill amending the Act of
January 2, 1975 (88 Stat. 1912; Public Law 93-580) entitled "A Joint
The Committee on Interior and Insular Affairs, by voice vote, recom-
Resolution to provide for the establishment of the American Indian
mends that the bill, as amended, be enacted.
Policy Review Commission."
Section 1 of the bill amends section 3 of the Act to provide for the
DEPARTMENTAL REPORTS
addition of two new subsections. Subsection (e) would permit the Com-
There is no departmental report on the bill. The American Indian
mission to accept donations of money, property, or uncompensated
services to carry out the purposes of the commission. This amendment
Policy Review Commission is a congressional commission carrying
out a congressional responsibility and function.
would expand the ability of the Commission ot carry out the duties
with which the Congress has charged it without increases in the cost
CHANGES IN EXISTING LAW
and expenses of the Commission.
Subsection (f) authorizes the mail of the Commission to be mailed
In compliance with clause 3 of Rule XIII of the Rules of the House
under the frank of any Member of Congress serving as Chairman of
of Representatives, changes in existing law made by the bill, as re-
the Commission. This authority will also permit the Commission to
ported, are shown as follows (existing law proposed to be omitted is
more adequately perform its function without increasing costs.
enclosed in black brackets, new matter is printed in italic, existing
Section 2 of the bill amends section 4(c) of the Act by adding new
law in which no change is proposed is shown in roman)
language to the subsection. This language would permit members of
task forces selected by the Commission to be employed full-time and
ACT OF JANUARY 2, 1975 (88 STAT. 1910)
be paid on that basis. This was the intent of the Congress in enacting
Public Law 93-580; however, officials of the Senate, which have been
charged with handling the financial affairs of the Commission, have
determined that existing language would not permit full time task
POWERS OF THE COMMISSION
force members. The amendment would correct that situation.
SEC. 3. (a) The Commission or, on authorization of the Commis-
Section 3 of the bill amends section 6 of the Act in two respects. The
sion, any committee of two or more members is authorized, for the
first amendment permits the Commission to utilize the services, in-
formation, facilities, and personnel of the Commission on a reim-
purposes of carrying out the provisions of this resolution, to sit and
bursable or non-reimbursable basis. In addition, it authorizes the
act at such places and times during the sessions, recesses, and ad-
agencies to provide such services, etc.
journed periods of Congress, to require by subpena or otherwise
the attendance of such witnesses and the production of such books,
H.R. 426
H.R. 426
4
5
papers, and documents, to administer such oaths and affirmations, to
take such testimony, to procure such printing and binding, and to
(8) urban, rural nonreservation, terminated, and nonfederally
make such expenditures, as it deems advisable. The Commission may
recognized Indians; and
make such rules respecting its organization and procedures as it deems
(9) Indian law revision, consolidation, and codification.
(b) (i) Such task forces shall have such powers and authorities, in
necessary, except that no recommendation shall be reported from the
Commission unless a majority of the Commission assent. Upon the
carrying out their responsibilities, as shall be conferred upon them by
authorization of the Commission subpenas may be issued over the
the Commission, except that they shall have no power to issue sub-
signature of the Chairman of the Commission or of any member desig-
penas or to administer oaths or affirmations: Provided, That they may
nated by him or the Commission, and may be served by such person
call upon the Commission or any committee thereof, in the Commis-
or persons as may be designated by such Chairman or member. The
sion's discretion, to assist them in securing any testimony, materials,
Chairman of the Commission or any member thereof may administer
documents, or other information necessary for their investigation and
oaths or affirmations to witnesses.
study.
(b) The provisions of sections 192 through 194, inclusive, of title 2,
(ii) The Commission shall require each task force to provide written
United States Code, shall apply in the case of any failure of any
quarterly reports to the Commission on the progress of the task force
witness to comply with any subpena when summoned under this
and, in the discretion of the Commission, an oral presentation of such
section.
report. In order to insure the correlation of data in the final report
and recommendations of the Commission, the Director of the Com-
(c) The Commission is authorized to secure from any department,
mission shall coordinate the independent efforts of the task force
agency, or instrumentality of the executive branch of the Government
any information it deems necessary to carry out its functions under
groups.
this resolution and each such department, agency, or instrumentality
(c) The Commission may fix the compensation of the members of
is authorized and directed to furnish such information to the Com-
such task forces at per annum gross rates or at a rate not to exceed
mission and to conduct such studies and surveys as may be requested
the daily equivalent of the highest rate of annual compensation that
by the Chairman or the Vice Chairman when acting as Chairman.
may be paid to employees of the United States Senate generally.
(d) If the Commission requires of any witness or of any Govern-
(d) The Commission shall, pursuant to section 6, insure that the
task forces are provided with adequate staff support in addition to that
ment agency the production of any materials which have theretofore
been submitted to a Government agency on a confidential basis, and
authorized under section 6(a), to carry out the projects assigned to
them.
the confidentiality of those materials is protected by statute, the mate-
rial SO produced shall be held in confidence by the Commission.
(e) Each task force appointed by the Commission shall, within one
year from the date of the appointment of its members, submit to the
(e) The Commission is authorized to accept and use donations of
Commission its final report of investigation and study together with
money, property (whether real or personal), and uncompensated serv-
recommendations thereon.
ices from any person whether public or private for the purpose of car-
*
*
*
*
rying out the provisions of this resolution.
(f) Matter mailed by the Commission may be mailed under the
COMMISSION STAFF
frank of any Member of Congress who is serving as the chairman of
the Commission.
SEC. 6. (a) The Commission may by record vote of a majority of
INVESTIGATING TASK FORCES
the Commission members, appoint a Director of the Commission, a
SEC. 4. (a) As soon as practicable after the organization of the
General Counsel, one professional staff member, and three clerical
assistants. The Commission shall prescribe the duties and responsi-
Commission, the Commission shall, for the purpose of gathering facts
bilities of such staff members and fix their compensation at per annum
and other information necessary to carry out its responsibilities pur-
gross rates not in excess of the per annum rates of compensation pre-
suant to section 2 of this resolution, appoint investigating task forces
to be composed of three persons, a majority of whom shall be of Indian
scribed for employees of standing committees of the Senate.
descent. Such task forces shall be appointed and directed to make pre-
(b) (1) In carrying out any of its functions under this resolution,
liminary investigations and studies in the various areas of Indian
the Commission is authorized to utilize the services, information, facili-
affairs, including, but not limited to-
ties, and personnel of the Executive departments and agencies of the
(1) trust responsibility and Federal-Indian relationship, in-
Government. with or without reimbursement, and the head of any such
cluding treaty review;
department or agency is authorized to provide the Commission such
(2) tribal government;
services, facilities, information, and personnel to the Commission.
(3) Federal administration and structure of Indian affairs;
[and to procure the temporary or intermittent services of experts or
(4) Federal, State, and tribal jurisdiction;
consultants or organizations thereof by contract at rates of compen-
(5) Indian education;
sation not in excess of the daily equivalent of the highest per annum
(6) Indian health;
rate of compensation that may be paid to employees of the Senate
(7) reservation development;
generally.]
H.R. 426
H.R. 426
6
(2) The Commission is authorized to procure the temporary or inter-
mittent services of experts or consultants or organizations thereof by
contract at rates of compensation not in excess of the daily equiva-
lent of the highest per annum rate of compensation that may be paid
to employees of the Senate generally.
(c) A person who provides voluntary and uncompensated services
to the Commission shall not by reason of such service be deemed to
be an employee of the United States. Any such person may be reim-
bursed for travel, subsistence, and other necessary expenses incurred
by them in the performance of their service to the Commission upon
the approval of the chairman.
*
H.R. 426
CORRECTED SHEET
S. 2073
Ainety-fourth Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the fourteenth day of January,
one thousand nine hundred and seventy-five
An Act
To authorize the American Indian Policy Review Commission to accept voluntary
contributions of services and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 3 of the
joint resolution entitled "Joint resolution to provide for the establish-
ment of the American Indian Policy Review Commission", approved
January 2, 1975, Public Law 93-580 (88 Stat. 1912), is amended by
adding at the end thereof the following new subsections:
"(e) The Commission is authorized to accept and use donations of
money, property (whether real or personal), and uncompensated serv-
ices from any person whether public or private for the purpose of
carrying out the provisions of this resolution.
"(f) Matter mailed by the Commission may be mailed under the
frank of any Member of Congress who is serving as the chairman of
the Commission.".
SEC. 2. Section 4(c) of such resolution is amended to read as follows:
"(c) The Commission may fix the compensation of the members
of such task forces at per annum gross rates or at a rate not to exceed
the daily equivalent of the highest rate of annual compensation that
may be paid to employees of the United States Senate generally.".
SEC. 3. Section 6(b) of such resolution (88 Stat. 1914) is amended
to read as follows:
(b) (1) In carrying out its functions under this resolution, the
Commission is authorized to utilize the services, information, facilities,
and personnel of the executive departments and agencies of the Gov-
ernment with or without reimbursement, and the head of any such
department or agency is authorized to provide the Commission such
services, facilities, information, and personnel to the Commission.
"(2) The Commission is authorized to procure the temporary or
intermittent services of experts or consultants or organizations thereof
by contract at rates of compensation not in excess of the daily equiva-
lent of the highest per annum rate of compensation that may be paid
to employees of the Senate generally.".
S. 2073-2
SEC. 4. Section 6 of such resolution is further amended by adding
at the end thereof the following new subsection :
"(c) A person who provides voluntary and uncompensated services
to the Commission shall not by reason of such service be deemed to be
an employee of the United States. Any such person may be reimbursed
for travel, subsistence, and other necessary expenses incurred by them
in the performance of their service to the Commission upon the
approval of the chairman.".
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
11
August 2, 1975
Dear Mr. Director:
The following bills were received at the White
House on August 2nd:
H.R. 83
H.R. 7716
H.R. 1553
H.R. 9091
H.R. 4241
S. 409
H.R. 4723
S. 1531
H.R. 5405
S. 1716
H.R. 7710
S. 2073
Please let the President have reports and
recommendations as to the approval of these bills
as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D. C.