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Title II — Ensuring Safety for Native Communities

H.R. 4289 · 116th Congress · Sep 11, 2019 · Lineage

II Ensuring Safety for Native Communities

Sec. 201 Demonstration program on Bureau of Indian Affairs law enforcement employment background checks

(a)
Establishment of program—
(1)
In general— 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.
(2)
Background investigations and security clearance determinations—
(A)
BIA investigations— As part of the demonstration program established under paragraph (1), the Secretary may 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.
(B)
Use of previous investigations and determinations—
(i)
In general— Subject to clause (ii), as part of the demonstration program established under paragraph (1), 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 or local government, Indian tribe, tribal organization, or the Bureau of Indian Affairs, within the 5-year period preceding the application for employment with the Bureau of Indian Affairs.
(ii)
Quality— The Secretary shall only consider previous background investigations and security clearance determinations for an applicant that have been conducted by a State or local government, Indian tribe, or tribal organization 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.
(iii)
Additional investigation— If, as described in clause (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 or local government, Indian tribe, tribal organization, or the Bureau of Indian Affairs, the Secretary—
(I)
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
(II)
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.
(iv)
Agreements— The Secretary may enter into a Memorandum of Agreement with a State or local government, Indian tribe, or tribal organization 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.
(3)
Sunset— The demonstration program established under this section shall terminate 5 years after the date of the commencement of the program.
(b)
Sufficiency— Notwithstanding any other provision of law, a background investigation conducted or adjudicated by the Secretary pursuant to the demonstration program authorized in subsection (a) 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.
(c)
Annual report— 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 subsection (a), which shall include a description of—
(1)
the demonstration program and any relevant annual changes or updates to the program;
(2)
the number of background investigations carried out under the program;
(3)
the costs, including any cost savings, associated with the investigation and adjudication process under the program;
(4)
the processing times for the investigation and adjudication processes under the program;
(5)
any Memoranda of Agreement entered into with State or local government, Indian tribe, or tribal organization; and
(6)
any other information that the Secretary determines to be relevant.
(d)
GAO study and report—
(1)
Initial report— Not later than 18 months after the date on which the demonstration program commences under this section, the Comptroller General of the United States shall prepare and submit to Congress an initial report on such demonstration program.
(2)
Final report— Not later than 18 months after the date on which the demonstration program terminates under subsection (a)(3), the Comptroller General of the United States shall prepare and submit to Congress a final report on such demonstration program.
(3)
Tribal input— In preparing the reports under this subsection, the Comptroller General of the United States shall obtain input from Indian tribes regarding the demonstration program under this section.

Sec. 202 Missing and murdered response coordination grant program

(a)
Establishment of program— The Attorney General shall establish within the Office of Justice Programs a grant program under which the Attorney General shall make grants to eligible entities described in subsection (b) to carry out eligible activities described in subsection (c).
(b)
Eligible entities—
(1)
In general— To be eligible to receive a grant under the grant program established under subsection (a) an entity shall be—
(A)
an Indian tribe;
(B)
a relevant tribal organization;
(C)
subject to paragraph (2), a State, in consortium with one or more Indian tribes or relevant tribal organizations;
(D)
a consortium of two or more Indian tribes or relevant tribal organizations; or
(E)
subject to paragraph (2), a consortium of two or more States and one or more Indian tribes or relevant tribal organizations.
(2)
State eligibility— To be eligible under subparagraph (B) or (D) of paragraph (1), a State shall demonstrate to the satisfaction of the Attorney General that the State—
(A)
reports missing persons cases in the State to the national crime information databases; or
(B)
if not, has a plan to do so using a grant received under the grant program established under subsection (a).
(c)
Eligible activities— An eligible entity receiving a grant under the grant program established under subsection (a) may use the grant—
(1)
to establish a statewide or regional center to document and track missing persons cases of interest to Indian tribes and murder cases of interest to Indian tribes;
(2)
to establish a State or regional commission to respond to, and to improve coordination between Federal law enforcement agencies, and Tribal, State, and local law enforcement agencies of the investigation of, missing persons cases of interest to Indian tribes and murder cases of interest to Indian tribes; and
(3)
to document, develop, and disseminate resources for use by Federal law enforcement agencies and Tribal, State, and local law enforcement agencies for the coordination of the investigation of missing persons cases of interest to Indian tribes and murder cases of interest to Indian tribes.
(d)
Authorization of appropriations— There is authorized to be appropriated to carry out the program $1,000,000 for each of fiscal years 2020 through 2024.

Sec. 203 GAO study on Federal law enforcement agency evidence collection, handling, and processing

(a)
In general— The Comptroller General of the United States shall conduct a study—
(1)
on the evidence collection, handling, and processing procedures and practices of the Office of Justice Services and the Federal Bureau of Investigation in exercising jurisdiction over crimes involving Indians or committed in Indian country;
(2)
on any barriers to evidence collection, handling, and processing by the agencies referred to in paragraph (1);
(3)
on the views of law enforcement officials at the agencies referred to in paragraph (1) and their counterparts within the Offices of the United States Attorneys concerning any relationship between—
(A)
the barriers identified under paragraph (2); and
(B)
United States Attorneys declination rates due to insufficient evidence; and
(4)
that includes a survey of barriers to evidence collection, handling, and processing faced by State and local law enforcement agencies that exercise jurisdiction over Indian country under the Act of August 15, 1953 (67 Stat. 588, chapter 505), and the amendments made by that Act.
(b)
Report— Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the results of the study conducted under subsection (a).

Sec. 204 Bureau of Indian Affairs and Tribal law enforcement officer counseling resources interdepartmental coordination

The Secretary of Health and Human Services, acting through the Director of the Indian Health Service and the Administrator of the Substance Abuse and Mental Health Services Administration, and the Attorney General shall coordinate with the Director to ensure that Federal training materials and resources for establishing and maintaining mental health wellness programs are available to Tribal and Bureau of Indian Affairs law enforcement officers experiencing occupational stress.