Parity for Tribal Law Enforcement Act

Parity for Tribal Law Enforcement Act

This bill treats certain tribal law enforcement officers as federal law enforcement officers under specified circumstances.

Specifically, the bill authorizes the law enforcement officers of any Indian tribe that has contracted or compacted any or all federal law enforcement functions through the Indian Self-Determination and Education Assistance Act to enforce federal law within the tribe's jurisdiction if those officers meet certain qualifications. These qualifications include completing training and passing an adjudicated background investigation.

Further, the bill deems a tribal law enforcement officer who is acting under an authorized contract or compact as a federal law enforcement officer for the purposes of certain federal laws, including for injury and death, retirement, and pension benefits.

The Department of the Interior must (1) develop procedures for credentialing tribal officers to confirm these officers meet minimum certification standards and training requirements for Indian country peace officers, and (2) promulgate guidance to implement this bill.

The bill also requires the Department of Justice to coordinate and provide oversight for its functions and programs to ensure a coordinated approach for public safety in Indian communities.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4524 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4524

     To amend the Indian Law Enforcement Reform Act to provide for 
 advancements in public safety services to Indian communities, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2023

Mr. Newhouse (for himself, Mr. Kilmer, Ms. Davids of Kansas, Ms. Perez, 
   Ms. Craig, Mr. Cole, Mr. Kildee, Mrs. Rodgers of Washington, Mr. 
  Simpson, Ms. Strickland, and Mr. Vasquez) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
  addition to the Committee on Natural Resources, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
     To amend the Indian Law Enforcement Reform Act to provide for 
 advancements in public safety services to Indian communities, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Parity for Tribal Law Enforcement 
Act''.

SEC. 2. TRIBAL LAW ENFORCEMENT OFFICERS.

    The Indian Law Enforcement Reform Act (25 U.S.C. 2801 et seq.) is 
amended by inserting after section 4 the following:

``SEC. 4A. TRIBAL LAW ENFORCEMENT OFFICERS.

    ``(a) Notwithstanding any other provision of Federal law, law 
enforcement officers of any Indian Tribe that has contracted or 
compacted any or all Federal law enforcement functions through the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 
et seq.) shall have the authority to enforce Federal law within the 
area under the Tribe's jurisdiction, if--
            ``(1) the Tribal officers involved have--
                    ``(A) completed training that is comparable to that 
                of an employee of the Office of Justice Services of the 
                Bureau of Indian Affairs who is providing the same 
                services in Indian country, as determined by the Deputy 
                Bureau Director of the Office of Justice Services of 
                the Bureau of Indian Affairs or the Deputy Bureau 
                Director's designee;
                    ``(B) passed an adjudicated background 
                investigation equivalent to that of an employee of the 
                Office of Justice Services of the Bureau of Indian 
                Affairs who is providing the same services in Indian 
                country; and
                    ``(C) received a certification from the Office of 
                Justice Services of the Bureau of Indian Affairs, as 
                described in subsection (c); and
            ``(2) the Tribe has adopted policies and procedures that 
        meet or exceed those of the Office of Justice Services of the 
        Bureau of Indian Affairs for the same program, service, 
        function, or activity.
    ``(b) While acting under the authority granted by the Secretary 
through an Indian Self-Determination and Education Assistance Act (25 
U.S.C. 5301 et seq.) contract or compact, a Tribal law enforcement 
officer shall be deemed to be a Federal law enforcement officer for the 
purposes of--
            ``(1) sections 111 and 1114 of title 18, United States 
        Code;
            ``(2) consideration as an eligible officer under subchapter 
        III of chapter 81 of title 5, United States Code;
            ``(3) subchapter III of chapter 83 and subchapter III of 
        chapter 84 of title 5, United States Code; and
            ``(4) chapter 171 of title 28, United States Code (commonly 
        known as the `Federal Tort Claims Act').
    ``(c)(1) Not later than 24 months after the date of enactment of 
this section, the Secretary shall--
            ``(A) develop procedures for the credentialing of Tribal 
        officers under this section, independent of section 5, to 
        provide confirmation that Tribal officers meet minimum 
        certification standards and training requirements for Indian 
        country peace officers, as prescribed by the Secretary; and
            ``(B) promulgate guidance, in consultation with Indian 
        Tribes, to otherwise implement the provisions of this section.
    ``(2) Tribal law enforcement officers who choose to attend a State 
or other equivalent training program approved by the Deputy Bureau 
Director of the Office of Justice Services of the Bureau of Indian 
Affairs, or the Deputy Bureau Director's designee, rather than attend 
the Indian Police Academy, shall be required to attend the IPA Bridge 
Program, or an equivalent program, prior to receiving a certification 
under this subsection.''.

SEC. 3. OVERSIGHT, COORDINATION, AND ACCOUNTABILITY.

    The Attorney General, acting through the Deputy Attorney General, 
shall coordinate and provide oversight for all Department of Justice 
activities, responsibilities, functions, and programs to ensure a 
coordinated approach for public safety in Indian communities, 
accountability, and compliance with Federal law, including--
            (1) the timely submission of reports to Congress;
            (2) robust training, as required under Federal law and as 
        needed or requested by Indian Tribes or Federal and State 
        officials relating to--
                    (A) public safety in Indian communities; and
                    (B) training outcomes demonstrating a better 
                understanding of public safety approaches in Indian 
                communities;
            (3) the updating and improvements to United States attorney 
        operational plans;
            (4) comprehensive evaluation and analysis of data, 
        including approaches to collecting better data, relating to 
        public safety in Indian communities; and
            (5) other duties or responsibilities as needed to improve 
        public safety in Indian communities.
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