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1975/08/09 S2073 Indian Policy Commission Amendments

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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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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.

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    "ocrText": "The original documents are located in Box 29, folder \"8/9/75 S2073 Indian Policy\nCommission Amendments\" of the White House Records Office: Legislation Case Files at\nthe Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nExact duplicates within this folder were not digitized.\nfrom Box 29 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library\nAPPROVED\nACTION\nTHE WHITE HOUSE\nLast Day: August 14\nWASHINGTON\nAugust 8, 1975\nPosted (Voil, Col.) Col.)\nMEMORANDUM FOR\nTHE PRESIDENT\n8/11\nFROM:\nJIM CANNON\nSUBJECT:\nS. 2073 - Indian Policy Commission\nTo Carchines\nAmendments\n8/12\nAttached for your consideration is S. 2073, sponsored by\nSenator Abourezk, which authorizes the American Indian\nPolicy Review Commission to accept voluntary contributions\nof services and amends the Commission's enabling legislation\nin several other minor respects which are detailed in OMB's\nenrolled bill report at Tab A.\nOMB, Max Friedersdorf, Ted Marrs, Counsel's Office (Lazarus)\nand I recommend approval of the enrolled bill.\nRECOMMENDATION\nThat you sign S. 2073 at Tab B.\nFORD\nAPPROVED AUG 9- OFFICE STATES UNITED\nthe\nPRESIDENT\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nAUG 7 1975\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill S. 2073 - Indian Policy Commission\namendments\nSponsor - Sen. Abourezk (D) South Dakota\nLast Day for Action\nAugust 14, 1975 - Thursday\nPurpose\nAuthorizes the American Indian Policy Review Commission to\naccept voluntary contributions of services and amends the\nCommission's enabling legislation in several other minor\nrespects.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nCivil Service Commission\nApproval\nDepartment of the Interior\nNo objection\nUnited States Postal Service\nNo objection\nDepartment of the Treasury\nNo recommendation\nDiscussion\nThe American Indian Policy Review Commission was established\nby Joint Resolution in January 1975 to recommend changes in\npolicies and programs affecting Indians. The Commission\nis composed of three Senators, three Representatives and\nfive Indian members.\nThe enrolled bill would make four minor changes to the Commis-\nsion's authorizing legislation. Specifically, it would:\n- authorize the Commission to accept donations of property\nand uncompensated personal services, and allow any volunteer\nto be reimbursed for travel and related expenses;\n2\n- allow matter mailed by the Commission to be sent under\nthe frank of any Member of Congress serving as the\nChairman;\n- clarify a provision that allows the Commission to use\nthe services and personnel of Federal agencies to\nshow that such use may be with or without reimburse-\nment; and,\n- give the Commission authority to pay members of its\ntask forces at the per annum gross rate or daily\nrate payable to Senate employees.\nAlthough Interior notes in its enrolled bill letter that two\nprovisions are not clear and may present technical problems\nin the future, none of the agencies raises a substantive\nobjection. The Commission is a congressional body and, thus,\nthe terms of its establishment and operation can be regarded\nas essentially an internal matter of the Congress.\nJames m. Director Trey for\nLegislative Reference\nEnclosures\nOF THE INTERIOR\nUnited States Department of the Interior\nOFFICE OF THE SECRETARY\nMarch\n3,\n1849\nWASHINGTON, D.C. 20240\nAUG 4 1975\nDear Mr. Lynn:\nThis responds to your request for our views on the enrolled bill\nS. 2073, \"To authorize the American Indian Policy Review Commission\nto accept voluntary contributions of services and for other purposes.\"\nWe have no objection to Presidential approval of this enrolled\nbill.\nEnrolled bill S. 2073 would amend P.L. 93-580 (88 Stat. 1910),\nwhich established the American Indian Policy Review Commission.\nThe Commission is composed of six Congressional members and five\nIndian members and has set up eleven 3-member task forces to aid\nin the development of the Commission's final report on \"the nature\nand scope of necessary revisions in the formulation of policies\nand programs for the benefit of Indians. \" Under section 5(a) of\nP.L. 93-580, the Commission is to expire by June 30, 1977.\nSection 1 of the enrolled bill would add two new subsections to\nsection 3 of P.L. 93-580 (\"Powers of the Commission\"). New\nsubsection (e) would authorize the Commission to accept donations\nof money, property, and uncompensated services and the new sub-\nsection (f) would permit the Commission to mail material under\nthe frank of the member of Congress serving as its chairman.\nSection 2 of the enrolled bill would amend section (c) of P.L. 93-580\nto authorize the Commission to fix the compensation of the members\nof its task forces at per annum gross rates or at a rate not to\nexceed the daily equivalent of the highest rate of annual compensa-\ntion that may be paid to employees of the United States Senate\ngenerally.\nSection 3 of S. 2073 would amend section 6(b) of P.L. 93-580 to\nspecify that the \"services, information, facilities, and personnel\"\nof executive departments and agencies which section 6(b) now\nauthorizes the Commission to utilize may be on a reimbursable or\nnonreimbursable basis.\nCONSERVE\nAMERICA'S\nENERGY\nSave Energy and You Serve America!\nSection 3 of the enrolled bill further amends section 6(b) of\nP.L. 93-580 to authorize the Commission to procure temporary or\nintermittent services of experts, consultants or organizations\nthereof by contract, the rate of compensation thereunder not to\nexceed the daily equivalent of the highest per annum rate paid\nU.S. Senate employees generally.\nAlthough P.L. 93-580 now contains no requirement as to reimburseme nt\nor nonreimbursement, we understand that under general Congressional\nrules applicable to the Commission, reimbursement is required unless\notherwise authorized. The revision in section 2 of S. 2073 apparently\nleaves the matter of reimbursement to be worked out by mutual agree-\nment between the Commission and the department or agency involved.\nSection 4 of S. 2073 would add a new subsection (c) to section 6\nof P.L. 93-580 to provide that a person providing \"voluntary and\nuncompensated services to the Commission shall not by reason of\nsuch service be deemed to be an employee of the United States\" and\nto authorize the reimbursement of such persons for their \"travel,\nsubsistence, and other necessary expenses ***. \"\nAlthough we have no objection to approval of this enrolled bill,\nwe would note two technical problems that may arise thereunder.\nSection 6(b) of P.L. 93-580 as currently written and as it would\nbe amended by section 3 of S. 2073 does not indicate whether details\nof Executive branch employees to the Commission are subject to the\n120 day limitations under Civil Service Commission regulations\nwhich also provide that extensions of such details for up to an\nadditional 120 days are only permitted with Civil Service Commission\napproval. This point was not clarified either in the bill or in\nthe legislative history.\nSecond, it would appear that the amendment in section 4 of S. 2073\nwould result in excluding voluntary Commission workers from the\ncoverage of the laws applicable to Federal employees. Among such\nlaws are the conflict of interest provisions set out in chapter 11\nof title 18, U.S. Code. That chapter includes references to\n\"special Government employee\" as well as to \"officer or employee\"\nof the executive or legislative branch (see 18 U.S.C. 202 and 205).\nWhile it is our understanding that the provision in section 4 of\nS. 2073 is intended to exclude volunteer Commission workers from\nthe application of such statutes, it is uncertain as to whether\nthe language of section 4, \"shall not by reason of such service\nbe deemed to be an employee of the United States,\" is sufficient\n2\nto exempt a volunteer Commission worker from the definition of\n\"special Government employee\" under 18 U.S.C. 202. The legislative\nhistory of enrolled bill S. 2073 does not clarify this point\neither.\nOn December 27, 1974, in our report on enrolled bill S.J. Res. 133,\n(which became P.L. 93-580), this Department stated that it had no\nobjection to the establishment of the American Indian Policy Review\nCommission because it is a clear perogative of the Congress to\nestablish any Commission or Committee that it so desires. For\nthe same reason, we have no objection to amending P.L. 93-580,\nwhich is an internal matter of the Congress.\nSincerely yours,\nMorris Compson Commissioner\nHonorable James T. Lynn\nDirector, Office of\nManagement and Budget\nWashington, D. C. 20503\n3\nUNITED\nSTATE\nCIVIL STATE\nUNITED STATES CIVIL SERVICE COMMISSION\nWASHINGTON, D.C. 20415\nCHAIRMAN\nAugust 5, 1975\nHonorable James T. Lynn\nDirector, Office of Management and Budget\nWashington, D.C. 20503\nAttention: Assistant Director for\nLegislative Reference\nDear Mr. Lynn:\nThis is in response to your request for the views and recommendations\nof the Civil Service Commission on enrolled S. 2073, a bill \"To\nauthorize the American Indian Policy Review Commission to accept\nvoluntary contributions of services and for other purposes.\"\nOur comments are limited to the personnel provisions.\nSection 1 of the enrolled bill would allow the American Indian\nPolicy Review Commission, a Congressional body, to accept voluntary\ncontributions, and uncompensated personal services. Under section 4\npersons performing voluntary services would not be considered\nFederal employees but could accept reimbursement for travel, sub-\nsistence and other necessary expenses.\nSection 2 would give the Commission authority to pay task force\nmembers at a daily rate or use the per annum gross rate for the\nhighest rate payable to Senate employees.\nSection 3 would permit the Commission to use the services, facilities,\ninformation and personnel of executive departments and agencies\nwith or without reimbursement. It would also continue an authority\nto procure the services of experts and consultants.\nThe American Indian Policy Review Commission is a Congressional body\nover which the Civil Service Commission has no jurisdiction. We have\nno objection to any of the personnel provisions of enrolled S. 2073,\nand we recommend that the President sign this enrolled bill.\nBy direction of the Commission:\nSincerely yours,\nRobert Chairman Hampton\nPOSTA\nUNITED STATES *\nU.S.MAIL\nSERVICE *\n*******\nLAW DEPARTMENT\nWashington, DC 20260\nAugust 5, 1975\nDear Mr. Frey:\nThis responds to your request for the views of the Postal Service with\nre spect to the enrolled bill:\nS. 2073, \"To authorize the American Indian Policy Review Com-\nmission to accept voluntary contributions of services\nand for other purposes. 11\n1. Purpose of Legislation as it\nThe bill proposes to amend section 3\nPertains to the Postal\nof Pub. L. No. 93-580, 88 Stat.\nService.\n1912, which established the American\nIndian Policy Review Commission, to\nallow matter mailed by the Commission\nto be sent under the frank of any\nMember of Congress who is serving\nas the chairman of the Commission.\nSuch use of the frank is recognized\nunder 39 U.S.C. $3215, which permits\na Member to lend his frank to a\nCongressional commission.\n2. Position of the Postal\nThe Postal Service does not oppose\nService.\nthe enactment of this legislation.\n3. Timing.\nWe have no recommendation to make\nas to when the measure should be\nsigned.\n4. Cost or Savings.\nUnder 39 U.S.C. $3216, the Postal\nService is reimbursed for postage on,\nand fees and charges in connection\nwith, mail matter sent under the frank.\nAccordingly, this bill would have no\nadverse impact on postal revenues.\n-2-\n5. Recommendations of\nThe Postal Service does not object\nPresidential Action.\nto approval of the bill by the President.\nSincerely,\nW. allen Sanders\nW. Allen Sanders\nAssistant General Counsel\nLegislative Division\nMr. James M. Frey\nAssistant Director\nLegislative Reference\nOffice of Management\nand Budget\nWashington, D. C. 20503\nDEPARTMENT\nOF\nBHL\nTREASURY\nTHE GENERAL COUNSEL OF THE TREASURY\nTHE\nWASHINGTON, D.C. 20220\n1789\nAUG 5 1975\nDirector, Office of Management and Budget\nExecutive Office of the President\nWashington, D. C. 20503\nAttention: Assistant Director for Legislative\nReference\nSir:\nReference is made to your request for the views of\nthis Department on the enrolled enactment of S. 2073, \"To\nauthorize the American Indian Policy Review Commission to\naccept voluntary contributions of services and for other\npurposes.\n\"\nThe enrolled enactment would amend Public Law 93-580,\nproviding for the establishment of the American Indian\nPolicy Review Commission, to authorize the Commission to\naccept and use donations of money, property, and uncompensated\nservices from any person whether public or private for the\npurposes of carrying out its mandate to review the historical\nand legal relationships of American Indians to the Federal\nGovernment. The enrolled bill would also amend Public Law\n93-580 to authorize the Commission to utilize the services,\ninformation, facilities, and personnel of Federal agencies\nwith or without reimbursement in carrying out its functions.\nFinally, the enrolled bill would provide that a person who\nprovides voluntary and uncompensated services to the Commission\nshall not by reason of such services be deemed to be an\nemployee of the United States, and that any such person may\nbe reimbursed for travel, subsistence, and other necessary\nexpenses incurred in behalf of the Commission.\n-2-\nThe Department has no recommendation to make on the\nmerits of the enrolled enactment.\nSincerely yours,\nGeneral Counsel\nRichard'R. Albrecht\nTHE\nEXECUTIVE OFFICE OF THE PRESIDENT\nUNITED\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\n3:30pm.\nAUG 7 1975\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill S. 2073 - Indian Policy Commission\namendments\nSponsor - Sen. Abourezk (D) South Dakota\nLast Day for Action\nAugust 14, 1975 - Thursday\nPurpose\nAuthorizes the American Indian Policy Review Commission to\naccept voluntary contributions of services and amends the\nCommission's enabling legislation in several other minor\nrespects.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nCivil Service Commission\nApproval\nDepartment of the Interior\nNo objection\nUnited States Postal Service\nNo objection\nDepartment of the Treasury\nNo recommendation\nDiscussion\nThe American Indian Policy Review Commission was established\nby Joint Resolution in January 1975 to recommend changes in\npolicies and programs affecting Indians. The Commission\nis composed of three Senators, three Representatives and\nfive Indian members.\nThe enrolled bill would make four minor changes to the Commis-\nsion's authorizing legislation. Specifically, it would:\n- authorize the Commission to accept donations of property\nand uncompensated personal services, and allow any volunteer\nto be reimbursed for travel and related expenses;\n2\n- allow matter mailed by the Commission to be sent under\nthe frank of any Member of Congress serving as the\nChairman;\n- clarify a provision that allows the Commission to use\nthe services and personnel of Federal agencies to\nshow that such use may be with or without reimburse-\nment; and,\n- give the Commission authority to pay members of its\ntask forces at the per annum gross rate or daily\nrate payable to Senate employees.\nAlthough Interior notes in its enrolled bill letter that two\nprovisions are not clear and may present technical problems\nin the future, none of the agencies raises a substantive\nobjection. The Commission is a congressional body and, thus,\nthe terms of its establishment and operation can be regarded\nas essentially an internal matter of the Congress.\nJames m. Director Trey for\nLegislative Reference\nEnclosures\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: August 7\nTime: 500pm\nFOR ACTION:\nTed Marrs\non\ncc (for information):\nJim Cavanaugh\nTod Hullin\nJack Marsh\nDick\nMax\nKen Lazarus\nin\nFROM THE STAFF SECRETARY\nDUE: Date:\nAugust 8\nTime: noon\nSUBJECT:\nH.R. 2073 - Indian Policy Commission Amendments\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\n-\nPrepare Agenda and Brief\nDraft Reply\nX For Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Jhhnston, Ground Foor West Wing\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nK. R. COLE, JR.\ntelephone the Staff Secretary immediately.\nFor the President\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: August 7\nTime: 500pm\nFOR ACTION:\nTed Marrs\nCC (for information):\nTod Hullin\nJim Cavanaugh\nJack Marsh\nDick Parsons\nMax Friedersdorf\nKen Lazarus\nFROM THE STAFF SECRETARY\nDUE: Date:\nAugust 8\nTime: noon\nSUBJECT:\nS. 2073 - Indian Policy Commission Amendments\nACTION REQUESTED:\n- For Necessary Action\nFor Your Recommendations\n-\nPrepare Agenda and Brief\nDraft Reply\n-X For Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nno objection\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\ntelephone the Staff Secretary immediately.\nJames\n11.\nC:\nthe\nPROGRAM\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: August 7\nTime: 500pm\nFOR ACTION:\nTed Marrs\nCC (for information):\nTod Hullin\nJim Cavanaugh\nDick Parsons\nJack Marsh\nMax Friedersdorf\nKen Lazarus\nFROM THE STAFF SECRETARY\nDUE: Date:\nAugust 8\nTime:\nnoon\nSUBJECT:\nS. 2073 - Indian Policy Commission Amendments\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\n-X\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nAUG 8 1975\nRecommend Epproval,\nA.C may F.r R. persons\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\ntelephone The Staf Secretary immediately.\nJames No C:\nPren\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: August 7\nTime: 500pm\nFOR ACTION:\nTed Marrs 102\nCC (for information):\nJim Cavanaugh\nTod Hullin\nJack Marsh\nDick Parsons\nMax Friedersdorf\nKen Lazarus\nFROM THE STAFF SECRETARY\nDUE: Date:\nAugust 8\nTime:\nnoon\nSUBJECT:\nS. 2073 - Indian Policy Commission Amendments\nACTION REQUESTED:\n- For Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nConcur in\nrecervations as & were\nanthorization\nnew use of personned,\nfaulity the\n~ marks\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\ntelephone the Staff Secretary immediately.\nTames B. C:\nthe\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: August 7\nTime: 500pm\nFOR ACTION:\nq\nTed Marrs\nCC (for information):\nTod Hullin\nJim Cavanaugh\nDick Parsons\nJack Marsh\nMax Friedersdorf\nKen Lazarus>\nFROM THE STAFF SECRETARY\nDUE: Date:\nAugust 8\nTime:\nnoon\nSUBJECT:\nS. 2073 - Indian Policy Commission Amendments\nACTION REQUESTED:\n-\nFor Necessary Action\nFor Your Recommendations\nPrepore Agenda and Brief\nDraft Reply\n-X For Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nNo objection -- Ken Lazarus 8/8/75\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelav in submitting the required material, please\ntelephone the Staff Secretary immediately.\nJames 11 C:\nthe\nTHE WHITE HOUSE\nWASHINGTON\nAugust 8, 1975\nMEMORANDUM FOR:\nJIM CAVANAUGH\nFROM:\nMAX L. FRIEDERSDORF\nRF\nSUBJECT:\nS.2073 - Indian Policy Commission Amendments\nThe Office of Legislative Affairs concurs with the agencies\nthat the\nsubject bill be signed.\nAttachments\n94TH CONGRESS\nHOUSE OF REPRESENTATIVES\nREPORT\n1st Session\nNo. 94-426\nAUTHORIZING THE AMERICAN INDIAN POLICY REVIEW\nCOMMISSION TO ACCEPT VOLUNTARY CONTRIBU-\nTIONS OF SERVICES AND FOR OTHER PURPOSES\nJULY 30, 1975.-Committed to the Committee of the Whole House on the State\nof the Union and ordered to be printed\nMr. HALEY, from the Committee on Interior and Insular Affairs,\nsubmitted the following\nREPORT\n[To accompany S. 2073]\nThe Committee on Interior and Insular Affairs, to whom was re-\nferred the bill (S. 2073), to authorize the American Indian Policy\nReview Commission to accept voluntary contributions of services and\nfor other purposes, having considered the same, report favorably\nthereon with an amendment and recommend that the bill as amended\ndo pass.\nThe amendment is as follows:\nPage 2, following line 5, insert the following new Section 2 and re-\nnumber the succeeding sections accordingly:\nSEC. 2. Section 4 (c) of such resolution is amended to read\nas follows:\n\"(c) The Commission may fix the compensation of the\nmembers of such task forces at per annum gross rates or at a\nrate not to exceed the daily equivalent of the highest rate of\nannual compensation that may be paid to employees of the\nUnited States Senate generally.\"\nPURPOSE\nThe purpose of S. 2073 is to confer authority on the American Indian\nPolicy Review Commission for the use of the franking privilege and\nto accept and use more effectively voluntary and Executive agency\npersonnel and services.\nBACKGROUND\nThe 93d Congress enacted Senate Joint Resolution 133 which estab-\nlished the American Indian Policy Review Commission, to make a\nunified survey of the total field of Indian affairs under the auspices\n57-006\n2\n3\nof the United States Congress, in order to recommend rational legisla-\nFinally, section 4 of the bill amends section 6 of the Act by adding\ntive solutions to a myriad of problems faced by the American Indian\na new subsection. It provides that voluntary or uncompensated per-\nand to give added effect to the trust responsibility of the United States\nsonnel of the Commission will not be considered employees of the\nin meeting those problems. The Commission is composed of three Mem-\nUnited States, but does permit such personnel to be reimbursed for\nbers of the House, three Members of the Senate, and five Indian\ntravel, subsistence, and other necessary expenses of such personnel\nMembers.\nwhile on Commission business. The Commission has found that many\nThe Commission has been in operation for approximately four\ntalented people are willing to offer their services to the Commission\nmonths, having embarked upon its responsibilities early last Spring.\non a voluntary or non-compensated basis, but it is unable, under the\nExperience during this period of operation has disclosed some minor\nSenate rules, to reimburse such personnel for expenses they incur on\nbut frustrating defects in the enabling legislation which require re-\nCommission business.\nmedial legislation. These defects include the lack of authority in the\nCommission to use the franking privilege and lack of certain author-\nCOST AND BUDGET ACT COMPLIANCE\nities to permit the Commission to use volunteer services and Executive\nBranch assistance more adequately and effectively.\nNo Federal expenditures are involved in the enactment of S. 2073.\nS. 2073 amends the law establishing the Commission by permitting\nthe Commission (1) to mail material under the frank of the Member\nINFLATIONARY IMPACT\nof Congress serving as Chairman; (2) to accept volunteer services and\nNone.\nproperty for purposes of carrying out the mission of the Commission\nOVERSIGHT STATEMENT\n(3) to use Executive Branch personnel, information, services, or facili-\nties on a reimbursable or non-reimbursable basis; and (4) to pay the\nPursuant to Rule X, clause 2(b) (1), the Subcommittee on Indian\nexpenses of persons providing voluntary or uncompensated services\nAffairs continues to exercise ovérsight responsibilities in connection\nto the Commission.\nwith Indian legislation. No recommendations were submitted to the\nCommittee pursuant to Rule X, clause (b) (2).\nSECTION-BY-SECTION ANALYSIS OF S. 2073, AS AMENDED\nCOMMITTEE RECOMMENDATION\nS. 2073, as amended by the Committee, is a bill amending the Act of\nJanuary 2, 1975 (88 Stat. 1912; Public Law 93-580) entitled \"A Joint\nThe Committee on Interior and Insular Affairs, by voice vote, recom-\nResolution to provide for the establishment of the American Indian\nmends that the bill, as amended, be enacted.\nPolicy Review Commission.\"\nSection 1 of the bill amends section 3 of the Act to provide for the\nDEPARTMENTAL REPORTS\naddition of two new subsections. Subsection (e) would permit the Com-\nThere is no departmental report on the bill. The American Indian\nmission to accept donations of money, property, or uncompensated\nservices to carry out the purposes of the commission. This amendment\nPolicy Review Commission is a congressional commission carrying\nout a congressional responsibility and function.\nwould expand the ability of the Commission ot carry out the duties\nwith which the Congress has charged it without increases in the cost\nCHANGES IN EXISTING LAW\nand expenses of the Commission.\nSubsection (f) authorizes the mail of the Commission to be mailed\nIn compliance with clause 3 of Rule XIII of the Rules of the House\nunder the frank of any Member of Congress serving as Chairman of\nof Representatives, changes in existing law made by the bill, as re-\nthe Commission. This authority will also permit the Commission to\nported, are shown as follows (existing law proposed to be omitted is\nmore adequately perform its function without increasing costs.\nenclosed in black brackets, new matter is printed in italic, existing\nSection 2 of the bill amends section 4(c) of the Act by adding new\nlaw in which no change is proposed is shown in roman)\nlanguage to the subsection. This language would permit members of\ntask forces selected by the Commission to be employed full-time and\nACT OF JANUARY 2, 1975 (88 STAT. 1910)\nbe paid on that basis. This was the intent of the Congress in enacting\nPublic Law 93-580; however, officials of the Senate, which have been\ncharged with handling the financial affairs of the Commission, have\ndetermined that existing language would not permit full time task\nPOWERS OF THE COMMISSION\nforce members. The amendment would correct that situation.\nSEC. 3. (a) The Commission or, on authorization of the Commis-\nSection 3 of the bill amends section 6 of the Act in two respects. The\nsion, any committee of two or more members is authorized, for the\nfirst amendment permits the Commission to utilize the services, in-\nformation, facilities, and personnel of the Commission on a reim-\npurposes of carrying out the provisions of this resolution, to sit and\nbursable or non-reimbursable basis. In addition, it authorizes the\nact at such places and times during the sessions, recesses, and ad-\nagencies to provide such services, etc.\njourned periods of Congress, to require by subpena or otherwise\nthe attendance of such witnesses and the production of such books,\nH.R. 426\nH.R. 426\n4\n5\npapers, and documents, to administer such oaths and affirmations, to\ntake such testimony, to procure such printing and binding, and to\n(8) urban, rural nonreservation, terminated, and nonfederally\nmake such expenditures, as it deems advisable. The Commission may\nrecognized Indians; and\nmake such rules respecting its organization and procedures as it deems\n(9) Indian law revision, consolidation, and codification.\n(b) (i) Such task forces shall have such powers and authorities, in\nnecessary, except that no recommendation shall be reported from the\nCommission unless a majority of the Commission assent. Upon the\ncarrying out their responsibilities, as shall be conferred upon them by\nauthorization of the Commission subpenas may be issued over the\nthe Commission, except that they shall have no power to issue sub-\nsignature of the Chairman of the Commission or of any member desig-\npenas or to administer oaths or affirmations: Provided, That they may\nnated by him or the Commission, and may be served by such person\ncall upon the Commission or any committee thereof, in the Commis-\nor persons as may be designated by such Chairman or member. The\nsion's discretion, to assist them in securing any testimony, materials,\nChairman of the Commission or any member thereof may administer\ndocuments, or other information necessary for their investigation and\noaths or affirmations to witnesses.\nstudy.\n(b) The provisions of sections 192 through 194, inclusive, of title 2,\n(ii) The Commission shall require each task force to provide written\nUnited States Code, shall apply in the case of any failure of any\nquarterly reports to the Commission on the progress of the task force\nwitness to comply with any subpena when summoned under this\nand, in the discretion of the Commission, an oral presentation of such\nsection.\nreport. In order to insure the correlation of data in the final report\nand recommendations of the Commission, the Director of the Com-\n(c) The Commission is authorized to secure from any department,\nmission shall coordinate the independent efforts of the task force\nagency, or instrumentality of the executive branch of the Government\nany information it deems necessary to carry out its functions under\ngroups.\nthis resolution and each such department, agency, or instrumentality\n(c) The Commission may fix the compensation of the members of\nis authorized and directed to furnish such information to the Com-\nsuch task forces at per annum gross rates or at a rate not to exceed\nmission and to conduct such studies and surveys as may be requested\nthe daily equivalent of the highest rate of annual compensation that\nby the Chairman or the Vice Chairman when acting as Chairman.\nmay be paid to employees of the United States Senate generally.\n(d) If the Commission requires of any witness or of any Govern-\n(d) The Commission shall, pursuant to section 6, insure that the\ntask forces are provided with adequate staff support in addition to that\nment agency the production of any materials which have theretofore\nbeen submitted to a Government agency on a confidential basis, and\nauthorized under section 6(a), to carry out the projects assigned to\nthem.\nthe confidentiality of those materials is protected by statute, the mate-\nrial SO produced shall be held in confidence by the Commission.\n(e) Each task force appointed by the Commission shall, within one\nyear from the date of the appointment of its members, submit to the\n(e) The Commission is authorized to accept and use donations of\nCommission its final report of investigation and study together with\nmoney, property (whether real or personal), and uncompensated serv-\nrecommendations thereon.\nices from any person whether public or private for the purpose of car-\n*\n*\n*\n*\nrying out the provisions of this resolution.\n(f) Matter mailed by the Commission may be mailed under the\nCOMMISSION STAFF\nfrank of any Member of Congress who is serving as the chairman of\nthe Commission.\nSEC. 6. (a) The Commission may by record vote of a majority of\nINVESTIGATING TASK FORCES\nthe Commission members, appoint a Director of the Commission, a\nSEC. 4. (a) As soon as practicable after the organization of the\nGeneral Counsel, one professional staff member, and three clerical\nassistants. The Commission shall prescribe the duties and responsi-\nCommission, the Commission shall, for the purpose of gathering facts\nbilities of such staff members and fix their compensation at per annum\nand other information necessary to carry out its responsibilities pur-\ngross rates not in excess of the per annum rates of compensation pre-\nsuant to section 2 of this resolution, appoint investigating task forces\nto be composed of three persons, a majority of whom shall be of Indian\nscribed for employees of standing committees of the Senate.\ndescent. Such task forces shall be appointed and directed to make pre-\n(b) (1) In carrying out any of its functions under this resolution,\nliminary investigations and studies in the various areas of Indian\nthe Commission is authorized to utilize the services, information, facili-\naffairs, including, but not limited to-\nties, and personnel of the Executive departments and agencies of the\n(1) trust responsibility and Federal-Indian relationship, in-\nGovernment. with or without reimbursement, and the head of any such\ncluding treaty review;\ndepartment or agency is authorized to provide the Commission such\n(2) tribal government;\nservices, facilities, information, and personnel to the Commission.\n(3) Federal administration and structure of Indian affairs;\n[and to procure the temporary or intermittent services of experts or\n(4) Federal, State, and tribal jurisdiction;\nconsultants or organizations thereof by contract at rates of compen-\n(5) Indian education;\nsation not in excess of the daily equivalent of the highest per annum\n(6) Indian health;\nrate of compensation that may be paid to employees of the Senate\n(7) reservation development;\ngenerally.]\nH.R. 426\nH.R. 426\n6\n(2) The Commission is authorized to procure the temporary or inter-\nmittent services of experts or consultants or organizations thereof by\ncontract at rates of compensation not in excess of the daily equiva-\nlent of the highest per annum rate of compensation that may be paid\nto employees of the Senate generally.\n(c) A person who provides voluntary and uncompensated services\nto the Commission shall not by reason of such service be deemed to\nbe an employee of the United States. Any such person may be reim-\nbursed for travel, subsistence, and other necessary expenses incurred\nby them in the performance of their service to the Commission upon\nthe approval of the chairman.\n*\nH.R. 426\nCORRECTED SHEET\nS. 2073\nAinety-fourth Congress of the United States of America\nAT THE FIRST SESSION\nBegun and held at the City of Washington on Tuesday, the fourteenth day of January,\none thousand nine hundred and seventy-five\nAn Act\nTo authorize the American Indian Policy Review Commission to accept voluntary\ncontributions of services and for other purposes.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled, That section 3 of the\njoint resolution entitled \"Joint resolution to provide for the establish-\nment of the American Indian Policy Review Commission\", approved\nJanuary 2, 1975, Public Law 93-580 (88 Stat. 1912), is amended by\nadding at the end thereof the following new subsections:\n\"(e) The Commission is authorized to accept and use donations of\nmoney, property (whether real or personal), and uncompensated serv-\nices from any person whether public or private for the purpose of\ncarrying out the provisions of this resolution.\n\"(f) Matter mailed by the Commission may be mailed under the\nfrank of any Member of Congress who is serving as the chairman of\nthe Commission.\".\nSEC. 2. Section 4(c) of such resolution is amended to read as follows:\n\"(c) The Commission may fix the compensation of the members\nof such task forces at per annum gross rates or at a rate not to exceed\nthe daily equivalent of the highest rate of annual compensation that\nmay be paid to employees of the United States Senate generally.\".\nSEC. 3. Section 6(b) of such resolution (88 Stat. 1914) is amended\nto read as follows:\n(b) (1) In carrying out its functions under this resolution, the\nCommission is authorized to utilize the services, information, facilities,\nand personnel of the executive departments and agencies of the Gov-\nernment with or without reimbursement, and the head of any such\ndepartment or agency is authorized to provide the Commission such\nservices, facilities, information, and personnel to the Commission.\n\"(2) The Commission is authorized to procure the temporary or\nintermittent services of experts or consultants or organizations thereof\nby contract at rates of compensation not in excess of the daily equiva-\nlent of the highest per annum rate of compensation that may be paid\nto employees of the Senate generally.\".\nS. 2073-2\nSEC. 4. Section 6 of such resolution is further amended by adding\nat the end thereof the following new subsection :\n\"(c) A person who provides voluntary and uncompensated services\nto the Commission shall not by reason of such service be deemed to be\nan employee of the United States. Any such person may be reimbursed\nfor travel, subsistence, and other necessary expenses incurred by them\nin the performance of their service to the Commission upon the\napproval of the chairman.\".\nSpeaker of the House of Representatives.\nVice President of the United States and\nPresident of the Senate.\n11\nAugust 2, 1975\nDear Mr. Director:\nThe following bills were received at the White\nHouse on August 2nd:\nH.R. 83\nH.R. 7716\nH.R. 1553\nH.R. 9091\nH.R. 4241\nS. 409\nH.R. 4723\nS. 1531\nH.R. 5405\nS. 1716\nH.R. 7710\nS. 2073\nPlease let the President have reports and\nrecommendations as to the approval of these bills\nas soon as possible.\nSincerely,\nRobert D. Linder\nChief Executive Clerk\nThe Honorable James T. Lynn\nDirector\nOffice of Management and Budget\nWashington, D. C."
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