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25 U.S.C. § 2803 — Law enforcement authority

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2803 — Law enforcement authority

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Stable record: federal_law:legal_authorities:record_usc_3772d5d05fc18292ccb259b9
Source file: Laws/federal/codes/united-states-code/title-25/section-2803-law-enforcement-authority--e1ec2cef2a.md
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Source location: Title 25, Chapter 30, § 2803; chapter-030-indian-law-enforcement-reform.md

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The Secretary may charge employees of the Bureau with law enforcement responsibilities and may authorize those employees to— (1) carry firearms; (2) execute or serve warrants, summonses, or other orders relating to a crime committed in Indian country and issued under the laws of— (A) the United States (including those issued by a Court of Indian Offenses under regulations prescribed by the Secretary or offenses processed by the Central Violations Bureau); or (B) an Indian tribe if authorized by the Indian tribe; (3) make an arrest without a warrant for an offense committed in Indian country if— (A) the offense is committed in the presence of the employee,11 So in original. The comma probably should be a semicolon. (B) the offense is a felony and the employee has probable cause to believe that the person to be arrested has committed, or is committing, the felony; (C) the offense is a misdemeanor crime of domestic violence, dating violence, stalking, or violation of a protection order and has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent or guardian of the victim, and the employee has probable cause to believe that the person to be arrested has committed, or is committing the crime; or (D) (i) the offense involves— (I) a misdemeanor controlled substance offense in violation of— (aa) the Controlled Substances Act ([21 U.S.C. 801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section801&num=0&edition=prelim) et seq.); (bb) title IX of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ([21 U.S.C. 862a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section862a&num=0&edition=prelim) et seq.); 22 See References in Text note below. or (cc) [section 865 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section865&num=0&edition=prelim); (II) a misdemeanor firearms offense in violation of chapter 44 of title 18; (III) a misdemeanor assault in violation of chapter 7 of title 18; or (IV) a misdemeanor liquor trafficking offense in violation of chapter 59 of title 18; and (ii) the employee has probable cause to believe that the individual to be arrested has committed, or is committing, the crime; (4) offer and pay a reward for services or information, or purchase evidence, assisting in the detection or investigation of the commission of an offense committed in Indian country or in the arrest of an offender against the United States; (5) make inquiries of any person, and administer to, or take from, any person an oath, affirmation, or affidavit, concerning any matter relevant to the enforcement or carrying out in Indian country of a law of either the United States or an Indian tribe that has authorized the employee to enforce or carry out tribal laws; (6) wear a prescribed uniform and badge or carry prescribed credentials; (7) perform any other law enforcement related duty; and (8) when requested, assist (with or without reimbursement) any Federal, tribal, State, or local law enforcement agency in the enforcement or carrying out of the laws or regulations the agency enforces or administers.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 862a — Denial of assistance and benefits for certain drug-related convictions

**(a) In general** An individual convicted (under Federal or State law) of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the possession, use, or distribution of a controlled substance (as defined in [section 802(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802/6&num=0&edition=prelim)) shall not be eligible for— (1) assistance under any State program funded under part A of title IV of the Social Security Act [[42 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) et seq.], or (2) benefits under the supplemental nutrition assistance program (as defined in section 3 of the Food and Nutrition Act of 2008 ([7 U.S.C. 2012](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2012&num=0&edition=prelim))) or any State program carried out under that Act [[7 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2011&num=0&edition=prelim) et seq.]. **(b) Effects on assistance and benefits for others** (1) **Program of temporary assistance for needy families** — The amount of assistance otherwise required to be provided under a State program funded under part A of title IV of the Social Security Act [[42 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) et seq.] to the family members of an individual to whom subsection (a) applies shall be reduced by the amount which would have otherwise been made available to the individual under such part. (2) **Benefits under the Food and Nutrition Act of 2008** — The amount of benefits otherwise required to be provided to a household under the sup

Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 862a

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 865 — Smuggling methamphetamine or methamphetamine precursor chemicals into the United States while using facilitated entry programs

**(a) Enhanced prison sentence** The sentence of imprisonment imposed on a person convicted of an offense under the Controlled Substances Act ([21 U.S.C. 801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section801&num=0&edition=prelim) et seq.) or the Controlled Substances Import and Export Act ([21 U.S.C. 951](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section951&num=0&edition=prelim) et seq.), involving methamphetamine or any listed chemical that is defined in section 102(33) of the Controlled Substances Act ([21 U.S.C. 802(33)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802/33&num=0&edition=prelim),11 So in original. A second closing parenthesis probably should precede the comma. shall, if the offense is committed under the circumstance described in subsection (b), be increased by a consecutive term of imprisonment of not more than 15 years. **(b) Circumstances** For purposes of subsection (a), the circumstance described in this subsection is that the offense described in subsection (a) was committed by a person who— (1) was enrolled in, or who was acting on behalf of any person or entity enrolled in, any dedicated commuter lane, alternative or accelerated inspection system, or other facilitated entry program administered or approved by the Federal Government for use in entering the United States; and (2) committed the offense while entering the United States, using such lane, system, or program. **(c) Permanent ineligibility** Any person whose term of imprisonment is increased under subsection (a) shall be permanently and irrevocably barred from being eligible for or using any lane, system, or program described in subsection (b)(1).

Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 865

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 801 — Congressional findings and declarations: controlled substances

The Congress makes the following findings and declarations: (1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people. (2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people. (3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because— (A) after manufacture, many controlled substances are transported in interstate commerce, (B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and (C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession. (4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances. (5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate. (6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents

Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 801

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 32 — Earned income

**(a) Allowance of credit** (1) **In general** — In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the credit percentage of so much of the taxpayer’s earned income for the taxable year as does not exceed the earned income amount. (2) **Limitation** — The amount of the credit allowable to a taxpayer under paragraph (1) for any taxable year shall not exceed the excess (if any) of— (A) the credit percentage of the earned income amount, over (B) the phaseout percentage of so much of the adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year as exceeds the phaseout amount. **(b) Percentages and amounts** For purposes of subsection (a)— (1) **Percentages** — The credit percentage and the phaseout percentage shall be determined as follows: In the case of an eligible individual with:The credit percentage is:Thephaseoutpercentageis: 1 qualifying child3415.98 2 qualifying children4021.06 3 or more qualifying children4521.06 No qualifying children7.65 7.65 (2) **Amounts** (A) *In general* — Subject to subparagraph (B), the earned income amount and the phaseout amount shall be determined as follows: In the case of an eligible individual with:The earned income amount is:Thephaseoutamount is: 1 qualifying child$6,330$11,610 2 or more qualifying children$8,890$11,610 No qualifying children$4,220 $5,280 (B) *Joint returns* — In the case of a joint return filed by an eligible individual and such individual’s spouse, the phaseout amount determined under subparagraph (A) shall be increased by $5,000. **(c) Definitions and special rules** For purposes of this section— (1) **Eligible individual** (A) *In general* — The term “e

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 32

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12392 — Payment of cost of testing for sexually transmitted diseases

**(a) Omitted** **(b) Limited testing of defendants** (1) **Court order** — The victim of an offense of the type referred to in subsection (a) 11 See Codification note below. may obtain an order in the district court of the United States for the district in which charges are brought against the defendant charged with the offense, after notice to the defendant and an opportunity to be heard, requiring that the defendant be tested for the presence of the etiologic agent for acquired immune deficiency syndrome, and that the results of the test be communicated to the victim and the defendant. Any test result of the defendant given to the victim or the defendant must be accompanied by appropriate counseling. (2) **Showing required** — To obtain an order under paragraph (1), the victim must demonstrate that— (A) the defendant has been charged with the offense in a State or Federal court, and if the defendant has been arrested without a warrant, a probable cause determination has been made; (B) the test for the etiologic agent for acquired immune deficiency syndrome is requested by the victim after appropriate counseling; and (C) the test would provide information necessary for the health of the victim of the alleged offense and the court determines that the alleged conduct of the defendant created a risk of transmission, as determined by the Centers for Disease Control, of the etiologic agent for acquired immune deficiency syndrome to the victim. (3) **Follow-up testing** — The court may order follow-up tests and counseling under paragraph (1) if the initial test was negative. Such follow-up tests and counseling shall be performed at the request of the victim on dates that occur six months and twelve months following the initial test. (4) **Termination of testin

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12392

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 862b — Sanctioning for testing positive for controlled substances

Notwithstanding any other provision of law, States shall not be prohibited by the Federal Government from testing welfare recipients for use of controlled substances nor from sanctioning welfare recipients who test positive for use of controlled substances.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1693b — Regulations

**(a) Prescription by the Bureau and the Board** (1) **In general** — Except as provided in paragraph (2), the Bureau shall prescribe rules to carry out the purposes of this subchapter. (2) **Authority of the Board** — The Board shall have sole authority to prescribe rules— (A) to carry out the purposes of this subchapter with respect to a person described in [section 5519(a) of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5519/a&num=0&edition=prelim); and (B) to carry out the purposes of section 1693o–2 of this title. In prescribing such regulations, the Board shall: (1) 11 So in original. See 2010 Amendment note below. consult with the other agencies referred to in section 1693o 22 See References in Text note below. of this title and take into account, and allow for, the continuing evolution of electronic banking services and the technology utilized in such services, (2) 1 prepare an analysis of economic impact which considers the costs and benefits to financial institutions, consumers, and other users of electronic fund transfers, including the extent to which additional documentation, reports, records, or other paper work would be required, and the effects upon competition in the provision of electronic banking services among large and small financial institutions and the availability of such services to different classes of consumers, particularly low income consumers, (3) 1 to the extent practicable, the Board shall demonstrate that the consumer protections of the proposed regulations outweigh the compliance costs imposed upon consumers and financial institutions, and (4) 1 any proposed regulations and accompanying analyses shall be sent promptly to Congress by the Board. **(b) Issuance of model clauses** The B

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1693b

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2802 — Indian law enforcement responsibilities

**(a) Responsibility of Secretary** The Secretary, acting through the Bureau, shall be responsible for providing, or for assisting in the provision of, law enforcement services in Indian country as provided in this chapter. **(b) Office of Justice Services** There is established in the Bureau an office, to be known as the “Office of Justice Services”, that, under the supervision of the Secretary, or an individual designated by the Secretary, shall be responsible for— (1) carrying out the law enforcement functions of the Secretary in Indian country, and (2) implementing the provisions of this section. **(c) Additional responsibilities of Division** Subject to the provisions of this chapter and other applicable Federal or tribal laws, the responsibilities of the Office of Justice Services in Indian country shall include— (1) the enforcement of Federal law and, with the consent of the Indian tribe, tribal law; (2) in cooperation with appropriate Federal and tribal law enforcement agencies, the investigation of offenses against criminal laws of the United States; (3) the protection of life and property; (4) the development of methods and expertise to resolve conflicts and solve crimes; (5) the provision of criminal justice remedial actions, correctional and detention services, and rehabilitation; (6) the reduction of recidivism and adverse social effects; (7) the development of preventive and outreach programs which will enhance the public conception of law enforcement responsibilities through training and development of needed public service skills; (8) the assessment and evaluation of program accomplishments in reducing crime; (9) the development and provision of law enforcement training and technical assistance, including training to properly interview victi

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2802

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2804 — Assistance by other agencies

**(a) Agreements** (1) **In general** — Not later than 180 days after July 29, 2010, the Secretary shall establish procedures to enter into memoranda of agreement for the use (with or without reimbursement) of the personnel or facilities of a Federal, tribal, State, or other government agency to aid in the enforcement or carrying out in Indian country of a law of either the United States or an Indian tribe that has authorized the Secretary to enforce tribal laws. (2) **Certain activities** — The Secretary may authorize a law enforcement officer of such an agency to perform any activity the Secretary may authorize under [section 2803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2803&num=0&edition=prelim). (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 July 29, 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2804

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