Sec. 103. Data sharing with Indian tribes
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/bill/115/s/1953/is/section-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 534(d) of title 28, United States Code, is amended— by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and indenting appropriately; in the matter preceding subparagraph
(A)(as so redesignated), by striking The Attorney General and inserting the following: The Attorney General ; and by adding at the end the following: Out of any funds available and not otherwise obligated, the Attorney General shall establish and carry out a tribal access program to enhance the ability of tribal governments to access, enter information into, and obtain information from, Federal criminal information databases as authorized under this section. Any report issued as a result of the analysis of information entered into Federal criminal information databases or obtained from Federal criminal databases, including for the purpose of conducting background checks, shall be shared with Indian tribes of jurisdiction. . Section 233(b) of the Tribal Law and Order Act of 2010 ( 28 U.S.C. 534 note; Public Law 111–211 ) is amended by striking paragraph
(1)and inserting the following: The Attorney General shall ensure that— tribal law enforcement officials that meet applicable Federal or State requirements be permitted access to national crime information databases; technical assistance and training to Bureau of Indian Affairs and tribal law enforcement officials is provided to gain access and input authority to use the National Criminal Information Center and other national crime information databases pursuant to section 534 of title 28, United States Code; and the Federal Bureau of Investigation coordinates with the Office of Justice Services, Bureau of Indian Affairs, to ensure Indian tribal law enforcement agencies are assigned appropriate credentials or ORI numbers for uniform crime reporting purposes. . Section 302(d) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3732(d) ) is amended— by striking the subsection designation and all that follows through To ensure in paragraph
(1)and inserting the following: To ensure ; in paragraph (1)— in subparagraph (E), by striking and at the end; in subparagraph (F), by striking the period at the end and inserting ; and ; and by adding at the end the following: confer and cooperate with the Bureau of Indian Affairs as needed to carry out the purposes of this part, including by entering into cooperative resource and data sharing agreements in conformity with all laws and regulations applicable to the disclosure and use of data. ; and in paragraph (2)— by striking The Director and inserting the following: The Director ; and by adding at the end the following: Analysis of the information collected under subparagraph
(A)shall be shared with the Indian tribe that provided the information that was collected. . Section 10(b) of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2809(b) ) is amended— in paragraph (1)— in subparagraph (B), by redesignating clauses
(i)and
(ii)as subclauses
(I)and (II), respectively, and indenting appropriately; and by redesignating subparagraphs
(A)and
(B)as clauses
(i)and (ii), respectively, and indenting appropriately; by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and indenting appropriately; in the matter preceding subparagraph
(A)(as so redesignated), by striking The Attorney General and inserting the following: The Attorney General ; and by adding at the end the following: Not later than 1 year after the date of enactment of the Tribal Law and Order Reauthorization and Amendments Act of 2017 , the Attorney General shall consult with Indian tribes, including appropriate tribal justice officials, regarding— the annual reports described in paragraph
(1)to improve the data collected, the information reported, and the reporting system; and improvements to the processes for the satisfaction of the requirements for coordination described in paragraphs
(1)and
(3)of subsection (a), or to the reporting requirements under paragraph (1). Subject to subparagraph (B), on the failure of the Attorney General to submit a report in accordance with paragraph (1), the Attorney General shall withhold funding for the Director of the Federal Bureau of Investigation and the Director of the Executive Office for United States Attorneys used for the administration of services, including functional expenses such as overtime, personnel salaries, and associated benefits or related tasks that directly affect those functions, to the extent that the withholding does not adversely impact the capacity of the Attorney General to provide law enforcement, investigation, or prosecution services. The Attorney General shall restore funding withheld in accordance with subparagraph
(A)on submission of the applicable report in accordance with paragraph (1). .
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- Pub. L. 111-211
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