Sec. 231. TRIBAL POLICE OFFICERS
3,100 words·~14 min read·
/statute-compilations/comps-16836/sec-231A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 231 TRIBAL POLICE OFFICERS ###
(a)Flexibility in Training Law Enforcement Officers Serving Indian Country Section 3(e) of the Indian Law Enforcement Reform Act (25 U.S.C. 2802(e)) (as amended by section 211(b)(4)) is amended— ####
(1)in paragraph (1)— #####
(A)by striking “ (e)(1) The Secretary ” and inserting the following: > > ### “(e) Standards of Education and Experience and Classification of Positions > > > #### “(1) Standards of education and experience > > > ##### “(A) In general > > The Secretary” > ; and #####
(B)by adding at the end the following: > > ##### “(B) Requirements for training > > The training standards established under subparagraph (A)— > > > ###### “(i) > > shall be consistent with standards accepted by the Federal Law Enforcement Training Accreditation commission for law enforcement officers attending similar programs; and > > > ###### “(ii) > > shall include, or be supplemented by, instruction regarding Federal sources of authority and jurisdiction, Federal crimes, Federal rules of criminal procedure, and constitutional law to bridge the gap between State training and Federal requirements. > > > ##### “(C) Training at state, tribal, and local academies > > Law enforcement personnel of the Office of Justice Services or an Indian tribe may satisfy the training standards established under subparagraph
(A)through training at a State or tribal police academy, a State, regional, local, or tribal college or university, or other training academy (including any program at a State, regional, local, or tribal college or university) that meets the appropriate Peace Officer Standards of Training. > > > ##### “(D) Maximum age requirement > > Pursuant to section 3307(e) of title 5, United States Code, the Secretary may employ as a law enforcement officer under section 4 any individual under the age of 47, if the individual meets all other applicable hiring requirements for the applicable law enforcement position.” > ; ####
(2)in paragraph (3), by striking “Agencies” and inserting “agencies”; and ####
(3)by adding at the end the following: > > #### “(4) Background checks for tribal justice officials > > > ##### “(A) In general > > The Office of Justice Services shall develop standards and deadlines for the provision of background checks to tribal law enforcement and corrections officials. > > > ##### “(B) Timing > > 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. 450 et seq.), the Office of Justice Services shall complete the check not later than 60 days after the date of receipt of the request, unless an adequate reason for failure to respond by that date is provided to the Indian tribe in writing.” > . ###
(b)Special Law Enforcement Commissions Section 5 of the Indian Law Enforcement Reform Act (25 U.S.C. 2804) is amended— ####
(1)by striking “
(a)The Secretary may enter into an agreement ” and inserting the following: > > ### “(a) Agreements > > > #### “(1) In general > > Not later than 180 days after the date of enactment of the Tribal Law and Order Act of 2010, the Secretary shall establish procedures to enter into memoranda of agreement” > ; ####
(2)in the second sentence, by striking “ The Secretary ” and inserting the following: > > #### “(2) Certain activities > > The Secretary” > ; and ####
(3)by adding at the end the following: > > #### “(3) Program enhancement > > > ##### “(A) Training sessions in indian country > > > ###### “(i) In general > > The procedures described in paragraph
(1)shall include the development of a plan to enhance the certification and provision of special law enforcement commissions to tribal law enforcement officials, and, subject to subsection (d), State and local law enforcement officials, pursuant to this section. > > > ###### “(ii) Inclusions > > The plan under clause
(i)shall include the hosting of regional training sessions in Indian country, not less frequently than biannually, to educate and certify candidates for the special law enforcement commissions. > > > ##### “(B) Memoranda of agreement > > > ###### “(i) In general > > Not later than 180 days after the date of enactment of the Tribal Law and Order Act of 2010, the Secretary, in consultation with Indian tribes and tribal law enforcement agencies, shall develop minimum requirements to be included in special law enforcement commission agreements pursuant to this section. > > > ###### “(ii) Substance of agreements > > Each agreement entered into pursuant to this section shall reflect the status of the applicable certified individual as a Federal law enforcement officer under subsection (f), acting within the scope of the duties described in section 3(c). > > > ###### “(iii) Agreement > > Not later than 60 days after the date on which the Secretary determines that all applicable requirements under clause
(i)are met, the Secretary shall offer to enter into a special law enforcement commission agreement with the Indian tribe.” > . ###
(c)Indian Law Enforcement Foundation The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) is amended by adding at the end the following: > > # “TITLE VII INDIAN LAW ENFORCEMENT FOUNDATION > > > ## “SEC. 701 DEFINITIONS > > **[**[25 U.S.C. 458ccc](/us/usc/t25/s458ccc)**]** > > “In this title: > > > #### “(1) Board > > The term ‘**Board**’ means the Board of Directors of the Foundation. > > > #### “(2) Bureau > > The term ‘**Bureau**’ means the Office of Justice Services of the Bureau of Indian Affairs. > > > #### “(3) Committee > > The term ‘**Committee**’ means the Committee for the Establishment of the Indian Law Enforcement Foundation established under section 702(e)(1). > > > #### “(4) Foundation > > The term ‘**Foundation**’ means the Indian Law Enforcement Foundation established under section 702. > > > #### “(5) Secretary > > The term ‘**Secretary**’ means the Secretary of the Interior. > > > ## “SEC. 702 INDIAN LAW ENFORCEMENT FOUNDATION > > **[**[25 U.S.C. 458ccc-1](/us/usc/t25/s458ccc-1)**]** > > > ### “(a) Establishment > > > #### “(1) In general > > As soon as practicable after the date of enactment of this title, the Secretary shall establish, under the laws of the District of Columbia and in accordance with this title, a foundation, to be known as the ‘Indian Law Enforcement Foundation’. > > > #### “(2) Funding determinations > > No funds, gift, property, or other item of value (including any interest accrued on such an item) acquired by the Foundation shall— > > > ##### “(A) > > be taken into consideration for purposes of determining Federal appropriations relating to the provision of public safety or justice services to Indians; or > > > ##### “(B) > > otherwise limit, diminish, or affect the Federal responsibility for the provision of public safety or justice services to Indians. > > > ### “(b) Nature of Corporation > > The Foundation— > > > #### “(1) > > shall be a charitable and nonprofit federally chartered corporation; and > > > #### “(2) > > shall not be an agency or instrumentality of the United States. > > > ### “(c) Place of Incorporation and Domicile > > The Foundation shall be incorporated and domiciled in the District of Columbia. > > > ### “(d) Duties > > The Foundation shall— > > > #### “(1) > > encourage, accept, and administer, in accordance with the terms of each donation, private gifts of real and personal property, and any income from or interest in such gifts, for the benefit of, or in support of, public safety and justice services in American Indian and Alaska Native communities; and > > > #### “(2) > > assist the Office of Justice Services of the Bureau of Indian Affairs and Indian tribal governments in funding and conducting activities and providing education to advance and support the provision of public safety and justice services in American Indian and Alaska Native communities. > > > ### “(e) Committee for the Establishment of the Indian Law Enforcement Foundation > > > #### “(1) In general > > The Secretary shall establish a committee, to be known as the ‘Committee for the Establishment of the Indian Law Enforcement Foundation’, to assist the Secretary in establishing the Foundation. > > > #### “(2) Duties > > Not later than 180 days after the date of enactment of this section, the Committee shall— > > > ##### “(A) > > carry out such activities as are necessary to incorporate the Foundation under the laws of the District of Columbia, including acting as incorporators of the Foundation; > > > ##### “(B) > > ensure that the Foundation qualifies for and maintains the status required to carry out this section, until the date on which the Board is established; > > > ##### “(C) > > establish the constitution and initial bylaws of the Foundation; > > > ##### “(D) > > provide for the initial operation of the Foundation, including providing for temporary or interim quarters, equipment, and staff; and > > > ##### “(E) > > appoint the initial members of the Board in accordance with the constitution and initial bylaws of the Foundation. > > > ### “(f) Board of Directors > > > #### “(1) In general > > The Board of Directors shall be the governing body of the Foundation. > > > #### “(2) Powers > > The Board may exercise, or provide for the exercise of, the powers of the Foundation. > > > #### “(3) Selection > > > ##### “(A) In general > > Subject to subparagraph (B), the number of members of the Board, the manner of selection of the members (including the filling of vacancies), and the terms of office of the members shall be as provided in the constitution and bylaws of the Foundation. > > > ##### “(B) Requirements > > > ###### “(i) Number of members > > The Board shall be composed of not less than 7 members. > > > ###### “(ii) Initial voting members > > The initial voting members of the Board— > > > ###### “(I) > > shall be appointed by the Committee not later than 180 days after the date on which the Foundation is established; and > > > ###### “(II) > > shall serve for staggered terms. > > > ###### “(iii) Qualification > > The members of the Board shall be United States citizens with knowledge or experience regarding public safety and justice in Indian and Alaska Native communities. > > > ##### “(C) Compensation > > A member of the Board shall not receive compensation for service as a member, but shall be reimbursed for actual and necessary travel and subsistence expenses incurred in the performance of the duties of the Foundation. > > > ### “(g) Officers > > > #### “(1) In general > > The officers of the Foundation shall be— > > > ##### “(A) > > a Secretary, elected from among the members of the Board; and > > > ##### “(B) > > any other officers provided for in the constitution and bylaws of the Foundation. > > > #### “(2) Chief operating officer > > > ##### “(A) Secretary > > Subject to subparagraph (B), the Secretary of the Foundation may serve, at the direction of the Board, as the chief operating officer of the Foundation. > > > ##### “(B) Appointment > > The Board may appoint a chief operating officer in lieu of the Secretary of the Foundation under subparagraph (A), who shall serve at the direction of the Board. > > > #### “(3) Election > > The manner of election, term of office, and duties of the officers of the Foundation shall be as provided in the constitution and bylaws of the Foundation. > > > ### “(h) Powers > > The Foundation— > > > #### “(1) > > shall adopt a constitution and bylaws for the management of the property of the Foundation and the regulation of the affairs of the Foundation; > > > #### “(2) > > may adopt and alter a corporate seal; > > > #### “(3) > > may enter into contracts; > > > #### “(4) > > may acquire (through gift or otherwise), own, lease, encumber, and transfer real or personal property as necessary or convenient to carry out the purposes of the Foundation; > > > #### “(5) > > may sue and be sued; and > > > #### “(6) > > may perform any other act necessary and proper to carry out the purposes of the Foundation. > > > ### “(i) Principal Office > > > #### “(1) In general > > The principal office of the Foundation shall be located in the District of Columbia. > > > #### “(2) Activities; offices > > The activities of the Foundation may be conducted, and offices may be maintained, throughout the United States in accordance with the constitution and bylaws of the Foundation. > > > ### “(j) Service of Process > > The Foundation shall comply with the law on service of process of each State in which the Foundation is incorporated and of each State in which the Foundation carries on activities. > > > ### “(k) Liability of Officers, Employees, and Agents > > > #### “(1) In general > > The Foundation shall be liable for the acts of the officers, employees, and agents of the Foundation acting within the scope of the authority of the officers, employees, and agents. > > > #### “(2) Personal liability > > A member of the Board shall be personally liable only for gross negligence in the performance of the duties of the member. > > > ### “(l) Restrictions > > > #### “(1) Limitation on spending > > Beginning with the fiscal year following the first full fiscal year during which the Foundation is in operation, the administrative costs of the Foundation shall not exceed the percentage described in paragraph
(2)of the sum of— > > > ##### “(A) > > the amounts transferred to the Foundation under subsection
(n)during the preceding fiscal year; and > > > ##### “(B) > > donations received from private sources during the preceding fiscal year. > > > #### “(2) Percentages > > The percentages referred to in paragraph
(1)are— > > > ##### “(A) > > for the first 2 fiscal years described in that paragraph, 25 percent; > > > ##### “(B) > > for the following fiscal year, 20 percent; and > > > ##### “(C) > > for each fiscal year thereafter, 15 percent. > > > #### “(3) Appointment and hiring > > The appointment of officers and employees of the Foundation shall be subject to the availability of funds. > > > #### “(4) Status > > A member of the Board or officer, employee, or agent of the Foundation shall not by reason of association with the Foundation be considered to be an officer, employee, or agent of the United States. > > > ### “(m) Audits > > The Foundation shall comply with section 10101 of title 36, United States Code, as if the Foundation were a corporation under part B of subtitle II of that title. > > > ### “(n) Funding > > For each of fiscal years 2011 through 2015, out of any unobligated amounts available to the Secretary, the Secretary may use to carry out this section not more than $500,000. > > > ## “SEC. 703 ADMINISTRATIVE SERVICES AND SUPPORT > > **[**[25 U.S.C. 458ccc-2](/us/usc/t25/s458ccc-2)**]** > > > ### “(a) Provision of Support by Secretary > > Subject to subsection (b), during the 5-year period beginning on the date on which the Foundation is established, the Secretary— > > > #### “(1) > > may provide personnel, facilities, and other administrative support services to the Foundation; > > > #### “(2) > > may provide funds for initial operating costs and to reimburse the travel expenses of the members of the Board; and > > > #### “(3) > > shall require and accept reimbursements from the Foundation for— > > > ##### “(A) > > services provided under paragraph (1); and > > > ##### “(B) > > funds provided under paragraph (2). > > > ### “(b) Reimbursement > > Reimbursements accepted under subsection (a)(3)— > > > #### “(1) > > shall be deposited in the Treasury of the United States to the credit of the applicable appropriations account; and > > > #### “(2) > > shall be chargeable for the cost of providing services described in subsection (a)(1) and travel expenses described in subsection (a)(2). > > > ### “(c) Continuation of Certain Services > > The Secretary may continue to provide facilities and necessary support services to the Foundation after the termination of the 5-year period specified in subsection
(a)if the facilities and services are— > > > #### “(1) > > available; and > > > #### “(2) > > provided on reimbursable cost basis.” > . ###
(d)Technical Amendments The Indian Self-Determination and Education Assistance Act is amended— ####
(1)by redesignating title V (25 U.S.C. 458bbb et seq.) as title VIII and moving the title so as to appear at the end of the Act; ####
(2)by redesignating sections 501, 502, and 503 (25 U.S.C. 458bbb, 458bbb-1, 458bbb-2) as sections 801, 802, and 803, respectively; and ####
(3)in subsection (a)(2) of section 802 and paragraph
(2)of section 803 (as redesignated by paragraph (2)), by striking “section 501” and inserting “section 801”. ###
(e)Acceptance and Assistance Section 5 of the Indian Law Enforcement Reform Act (25 U.S.C. 2804) is amended by adding at the end the following: > > ### “(g) Acceptance of Assistance > > The Bureau may accept reimbursement, resources, assistance, or funding from— > > > #### “(1) > > a Federal, tribal, State, or other government agency; or > > > #### “(2) > > the Indian Law Enforcement Foundation established under section 701(a) of the Indian Self-Determination and Education Assistance Act.” > .
Connectionstraces to 7
Citation graph
cites case law
Sec. 231
TRIBAL POLICE OFFICERS
Cites 7Cited by 0 across 0 sources