[HHS Taps Into Nationwide Drug-testing Data
Laurice Whack
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Each Tribe should determine what information will be entered into national crime information systems. Tribes may decide to enter information into national crime databases for many reasons, such as to prevent prohibited persons from buying firearms, to have other law enforcement officers across the country enforce Tribal orders of protection nationwide, to register sex offenders, to find missing persons including juveniles, or to recover stolen property. Tribes have the ability to indicate the status of a person (such as wanted, missing, endangered, sex offender, gang member) or property (stolen, lost, or recovered). Tribes should determine if law enforcement and jails will process bookings that capture finger and palm-prints, mugshots, and scars/marks/tattoos (SMTs) for arrests. Tribes must also determine what criminal history should be shared, including the results of Tribal court criminal cases.
Which categories of offenses to report is a question for the Tribe to establish by Tribal statute or policy as appropriate. Reporting arrests and final dispositions into FBI CJIS systems is voluntary. Federal regulations state that non-serious offenses, such as public intoxication, disturbing the peace, and loitering, should not be reported into the system. Offenses that Tribes may choose to report may include such things as arrests and dispositions for domestic violence, other violent crimes, crimes against children, sex offenses, financial crimes that meet a specific threshold, and felony crimes.
Every agency entering records into the National Crime Information Center (NCIC) must be available to respond to queries 24 hours a day, seven days a week. Record entering agencies may respond to inquiries by 1) staffing a dispatch center which monitors system messages, or 2) through phone contact, which may be accomplished by on-duty staff or by on-call staff immediately available on a duty cell phone.
Yes. A Tribal HR Department would be eligible to be considered for an FBI CJIS issued ORI if they perform the hiring for other agencies who have employees and volunteers that have contact and control over Indian children under 25 USC 3207. Consideration needs to be given as to how criminal history information will be transmitted back to the agency about the candidate, storage, and destruction of Criminal History Record Information (CHRI).
Yes. TAP can be used to conduct fingerprint-based record checks on prospective employees, employees or volunteers with contact and control over Indian children. In order to conduct fingerprint-based record checks the agency must verify that:
It depends on the particular circumstances. Generally, repercussions for violating CJIS Security policy would be at the individual user and agency level. Violations of policy are handled on a case-by-case basis.
Yes. DOJ suggests making that determination based on the size of your agency. The larger your agency the more cumbersome this may be to have the same person in both roles. DOJ always recommends having an alternate for both positions.
No. Federal law only provides the legal authority for records checks for the purposes listed above. Other checks for things such as gaming, elections, general human resources hiring, etc. are not authorized, as there is no federal law authorizing them to be done.
Yes, Tribes in PL 280 states are eligible to apply for TAP. Since Tribes in PL-280 states do not have Adam Walsh Sex offender Registries, the Tribe must have a law enforcement agency, enter orders of protection, investigate allegations of child abuse/neglect/exploitation, or conduct fingerprint-base record checks for those with contact or control over children in order to be eligible.
DOJ learned that acquiring hardware and software that is integrated with the appropriate peripherals is essential, as is providing better technical support and maintenance for the workstations. The pilot programs also revealed the importance of Tribally-focused coaching support and training assistance.
Researchers described the study as the first nationwide effort to test for PFAS in tap water from private sources in addition to regulated ones. It builds on previous scientific findings that the chemicals are widespread, showing up in consumer products as diverse as nonstick pans, food packaging and water-resistant clothing and making their way into water supplies.
Federal and state programs typically measure exposure to pollutants such as PFAS at water treatment plants or groundwater wells that supply them, Smalling said. In contrast, the USGS report was based on samples from taps in 716 locations, including 447 that rely on public supplies and 269 using private wells.
The heaviest exposures were in cities and near potential sources of the compounds, particularly in the Eastern Seaboard; Great Lakes and Great Plains urban centers; and Central and Southern California. Many of the tests, mostly in rural areas, found no PFAS.
The study underscores that private well users should have their water tested for PFAS and consider installing filters, said Faber of the Environmental Working Group. Filters containing activated carbon or reverse osmosis membranes can remove the compounds.
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