Sec. 841. Office of Justice Services law enforcement

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A 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 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 Office of Justice Services pursuant to the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 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 Office of Justice Services, personnel background investigations for applicants for law enforcement positions in the Office of Justice Services. 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 Office of Justice Services. 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 Office of Justice Services, 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 Office of Justice Services (or by the Bureau of Indian Affairs before the date of enactment of this Act), within the 5-year period preceding the application for employment with the Office of Justice Services. 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 Office of Justice Services, 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 Office of Justice Services (or by the Bureau of Indian Affairs before the date of enactment of this Act), 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 Office of Justice Services 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 . Section 3 of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2802 ) is amended— in subsection (a), by striking , acting through the Bureau, ; in subsection (b), in the matter preceding paragraph (1), by striking in the Bureau and all the follows through shall be responsible for— and inserting under the Assistant Secretary for Indian Affairs an office, to be known as the ; Office of Justice Services , the Director of which shall be responsible for— in subsection (c)(16)— in subparagraph (A)(i), by striking Bureau and inserting Office of Justice Services ; and in subparagraph (C)— by striking tribal and Bureau of Indian Affairs justice agencies and inserting tribal justice agencies and the Office of Justice Services ; and by striking Bureau corrections and inserting Office of Justice Services corrections ; in subsection (d)— in paragraph (2), by striking Bureau and inserting Office of Justice Services ; in paragraph (3), by striking Bureau and inserting Office of Justice Services ; and in paragraph (4)— in clause (i), by striking the second sentence; by striking clause (ii); and by striking (4)(i) Criminal investigative and inserting

(4)Criminal investigative ; and in subsection (e)(4)(B), by striking Bureau of Indian Affairs and inserting Office of Justice Services . Section 2(3) of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2801(3) ) is amended by striking Bureau each place it appears and inserting Office of Justice Services . Section 4 of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2803 ) is amended in the matter preceding paragraph

(1)by striking the Bureau and inserting the Office of Justice Services . Section 5(g) of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2804(g) ) is amended, in the matter preceding paragraph (1), by striking Bureau and inserting Office of Justice Services . Section 7(b) of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2806(b) ) is amended by striking Bureau and inserting Office of Justice Services . The orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions described in clause

(ii)shall continue in effect according to the terms of the administrative actions until modified, terminated, superseded, set aside, or revoked— by operation of law; or otherwise in accordance with applicable law by— the President; the Secretary of the Interior; another authorized official; or a court of competent jurisdiction. An order, determination, rule, regulation, permit, agreement, grant, contract, certificate, license, registration, privilege, or other administrative action referred to in clause

(i)is any order, determination, rule, regulation, permit, agreement, grant, contract, certificate, license, registration, privilege, or other administrative action that— has been issued, made, granted, or allowed to become effective, in the performance of a function transferred by this Act or an amendment made by this Act, by— the President; the head of an agency; an authorized Federal official; or a court of competent jurisdiction; and is in effect on the date of enactment of this Act; or was final before the date of enactment of this Act; and will become effective on or after the date of enactment of this Act. Nothing in this Act or an amendment made by this Act affects any proceeding (including a notice of proposed rulemaking) or any application for a license, permit, certificate, or financial assistance pending before the Office of Justice Services on the date of enactment of this Act with respect to any function transferred by this Act or an amendment made by this Act. A proceeding or application described in clause

(i)shall be continued in effect on and after the date of enactment of this Act. With respect to a proceeding described in clause (i)— appropriate orders and appeals shall be issued or filed, as applicable, and payments shall be made pursuant to those orders, as if this Act had not been enacted; and orders issued in such a proceeding shall continue in effect until modified, terminated, superseded, or revoked by— an authorized official; a court of competent jurisdiction; or operation of law. Nothing in this subparagraph prohibits the discontinuance or modification of any proceeding described in clause

(i)under the same terms and conditions, and to the same extent, that such proceeding could have been discontinued or modified if this Act had not been enacted. Nothing in this Act or an amendment made by this Act affects any judicial action or proceeding commenced before the date of enactment of this Act. With respect to an action described in clause (i), proceedings shall be had, appeals taken, and judgments rendered in the same manner, and with the same effect, as if this Act had not been enacted. No action or other proceeding commenced by or against the Office of Justice Services, or by or against any individual in the official capacity of the individual as an officer of the Office of Justice Services, shall abate by reason of the enactment of this Act. Any administrative action relating to the preparation or promulgation of a regulation by the Secretary of the Interior relating to a function transferred by this Act or an amendment made by this Act may be continued by the Secretary of the Interior with the same effect as if this Act had not been enacted. Any reference in any other Federal law (including an Executive order, rule, or regulation), in any delegation of authority, or in any other document, of or relating to a department, agency, or office from which a function is transferred by this Act or an amendment made by this Act— to the Director of the Bureau of Indian Affairs with respect to law enforcement provisions is deemed to refer to the Secretary of the Interior; and to the Office of Justice Services of the Bureau of Indian Affairs is deemed to refer to the Office of Justice Services. Section 5(a) of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2804(a) ) is amended by adding at the end the following: Section 1342 of title 31, United States Code, shall not apply to personnel or facilities subject to a memorandum of agreement under paragraph (1). . Section 3(e) of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2802(e) ) is amended by adding at the end the following: If the Secretary determines that a law enforcement or corrections officer position within the Office of Justice Services is a hard-to-fill duty station (including a duty station at a district, office, or agency level), the Secretary may waive the application of section 12 of the Act of June 18, 1934 ( 25 U.S.C. 5116 ) (commonly known as the Indian Reorganization Act ). Subject to subparagraph (B), the Office of Justice Services (at the district, office, or agency level) may request a passover of a preference eligible in accordance with section 3318 of title 5, United States Code. If the Office of Justice Services is requesting a passover of a preference eligible under subparagraph (A), the Office of Justice Services shall— complete the Office of Personnel Management Agency Request to Pass Over a Preference Eligible or Object to an Eligible, commonly known as OPM Standard Form 62 , describing the reason for the request; and submit the completed form to the appropriate officer within the Office of Justice Services for a decision and processing. .

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