Sec. 101. Bureau of Indian Affairs law enforcement
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/bill/116/s/210/rs/section-101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3(c) of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2802(c) ) is amended— by striking paragraph (13); by redesignating paragraphs
(14)through
(18)as paragraphs
(13)through (17), respectively; and in subparagraph
(C)of paragraph
(15)(as redesignated)— by inserting (for which any tribal information may be summarized by State) after a list ; and by striking and public safety and emergency communications and technology needs and inserting public safety and emergency communications and technology needs, and other administrative and supporting needs of program operations, including information technology and other equipment, travel, and training . Section 8 of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2807 ) is amended— by striking the section heading and designation and all that follows through Notwithstanding the limitation and inserting the following: Notwithstanding the limitation ; and by adding at the end the following: Notwithstanding section 5911 of title 5, United States Code, the Secretary, on recommendation of the Director of the Office of Justice Services, shall establish applicable rental rates for quarters and facilities for employees of the Office of Justice Services. . The Office of Justice Services of the Bureau of Indian Affairs shall develop standards and deadlines for the provision of background checks to tribal law enforcement and corrections officials. If a request for a background check is made by an Indian tribe that has contracted or entered into a compact for law enforcement or corrections services with the Bureau of Indian Affairs pursuant to the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 et seq.), the Office of Justice Services shall complete the check not later than 60 days after the date of receipt of a completed background application package, containing all of the documentation and information requested by the Office of Justice Services. The Office of Justice Services may extend the 60-day period required under subparagraph
(A)for completion of a background request for not more than an additional 30 days upon written notice to the Indian tribe that states the reason for the extension. The Secretary of the Interior (referred to in this paragraph as the Secretary ) shall establish a demonstration program for the purpose of conducting or adjudicating, in coordination with the Director of the Bureau of Indian Affairs, personnel background investigations for applicants for law enforcement positions in the Bureau of Indian Affairs. As part of the demonstration program established under this paragraph, the Secretary, through the Office of Justice Services, is authorized to carry out a background investigation, security clearance determination, or both a background investigation and a security clearance determination for an applicant for a law enforcement position in the Bureau of Indian Affairs. Subject to subclause (II), as part of the demonstration program established under this paragraph, the Secretary, in adjudicating background investigations for applicants for law enforcement positions in the Bureau of Indian Affairs, shall consider previous background investigations for an applicant, security clearance determinations for an applicant, or both background investigations and security clearance determinations for an applicant, as the case may be, that have been conducted by a State, local, or Tribal Government, or by the Bureau of Indian Affairs, within the 5-year period preceding the application for employment with the Bureau of Indian Affairs. The Secretary shall only consider previous background investigations and security clearance determinations for an applicant that have been conducted by a State, local, or Tribal Government if the Secretary can verify that those previous investigations and determinations, as the case may be, are of a comparable quality and thoroughness to investigations and determinations carried out by the Bureau of Indian Affairs, the Office of Personnel Management, or another Federal agency. If, as described in subclause (I), the Secretary considers an existing background investigation, security clearance determination, or both, as the case may be, for an applicant that has been carried out by a State, local, or Tribal Government, or by the Bureau of Indian Affairs, the Secretary— may carry out additional investigation and examination of the applicant if the Secretary determines that such additional information is needed in order to make an appropriate determination as to the character and trustworthiness of the applicant before final adjudication can be made and a security clearance can be issued; and shall not initiate a new background investigation process with the National Background Investigations Bureau or other Federal agency unless that new background investigation process covers a period of time that was not covered by a previous background investigation process. The Secretary may enter into a Memorandum of Agreement with a State, local, or Tribal Government to develop steps to expedite the process of receiving and obtaining access to background investigation and security clearance determinations for use in the demonstration program. The demonstration program established under this paragraph shall terminate 5 years after the date of the commencement of the program. Notwithstanding any other provision of law, a background investigation conducted or adjudicated by the Secretary pursuant to the demonstration program authorized under this paragraph that results in the granting of a security clearance to an applicant for a law enforcement position in the Bureau of Indian Affairs shall be sufficient to meet the applicable requirements of the Office of Personnel Management or other Federal agency for such investigations. The Secretary shall submit an annual report to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives on the demonstration program established under this paragraph, which shall include a description of— the demonstration program and any relevant annual changes or updates to the program; the number of background investigations carried out under the program; the costs, including any cost savings, associated with the investigation and adjudication process under the program; the processing times for the investigation and adjudication processes under the program; any Memoranda of Agreement entered into with State, local, or Tribal Governments; and any other information that the Secretary determines to be relevant. Not later than 18 months after the beginning of the demonstration program under this paragraph, the Comptroller General of the United States shall prepare and submit to Congress an initial report on such demonstration program. Not later than 3 years after the beginning of the demonstration program under this paragraph, the Comptroller General of the United States shall prepare and submit to Congress a final report on such demonstration program. In preparing the reports under this subparagraph, the Comptroller General shall prioritize input from Indian Tribes regarding the demonstration program under this paragraph. Section 4218(b) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 ( 25 U.S.C. 2451(b) ) is amended by striking 2011 through 2015 and inserting 2020 through 2024 . Section 1701(j) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(j) ) is amended— in paragraph (1), by striking any fiscal year and inserting each fiscal year ; and in paragraph (4), by striking 2011 through 2015 and inserting 2020 through 2024 .
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Sec. 101
Bureau of Indian Affairs law enforcement
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