Parity for Tribal Law Enforcement Act

Bill: 118-s-2695
Sponsor: full_name: Sen. Cantwell, Maria [D-WA]
Introduced: 2023-07-27
Policy area: Native Americans
Subjects: Congressional oversight

Employment and training programs

Government employee pay, benefits, personnel management

Indian social and development programs

Intergovernmental relations

Law enforcement administration and funding

Law enforcement officers
Latest action: action_date: 2024-09-18
text: Committee on Indian Affairs. Ordered to be reported with an amendment favorably.

Summaries:
action_date: 2023-07-27
action_desc: Introduced in Senate
text: <p><strong>Parity for Tribal Law Enforcement Act</strong></p> <p>This bill treats certain tribal law enforcement officers as federal law enforcement officers under specified circumstances.</p> <p>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 a contract or compact entered into pursuant to 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.</p> <p>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.</p> <p>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) issue guidance to implement this bill.</p> <p> 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.</p>

tv_txt: II 118th CONGRESS 1st Session S. 2695 IN THE SENATE OF THE UNITED STATES July 27, 2023 Ms. Cantwell (for herself and Mr. Mullin ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 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.

1. Short title This Act may be cited as the Parity for Tribal Law Enforcement Act . 2. Tribal law enforcement officers The Indian Law Enforcement Reform Act is amended by inserting after section 4 ( 25 U.S.C. 2803 ) the following: 4A. Tribal law enforcement officers (a) In general Notwithstanding any other provision of Federal law, law enforcement officers of an Indian tribe that have contracted or compacted any or all Federal law enforcement functions through a contract or compact entered into pursuant to the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) (referred to in this section as Tribal officers ) shall have the authority to enforce Federal law within the area under the jurisdiction of the Indian tribe if— (1) the applicable Tribal officers have— (A) completed training that is comparable to that of an employee of the Office of Justice Services of the Bureau 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 (or a designee); (B) passed an adjudicated background investigation equivalent to that of an employee of the Office of Justice Services of the Bureau who is providing the same services in Indian country; and (C) received a certification from the Office of Justice Services of the Bureau, as described in subsection (c); and (2) the Indian tribe has adopted policies and procedures that meet or exceed those of the Office of Justice Services of the Bureau for the same program, service, function, or activity. (b) Deemed To be Federal law enforcement officers While acting under the authority granted by the Secretary through a contract or compact entered into pursuant to the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ), a Tribal officer shall be deemed to be— (1) a Federal law enforcement officer for the purposes of— (A) sections 111 and 1114 of title 18, United States Code; (B) subchapter III of chapter 83 and subchapter III of chapter 84 of title 5, United States Code; and (C) chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ); and (2) an eligible officer under subchapter III of chapter 81 of title 5, United States Code. (c) Certification (1) In general Not later than 2 years after the date of enactment of the Parity for Tribal Law Enforcement Act , the Secretary shall— (A) notwithstanding section 5, develop procedures for the credentialing of Tribal officers under this section 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) issue guidance, in consultation with Indian tribes, to otherwise implement this section. (2) IPA Bridge Program Tribal 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 (or a designee) rather than attend the Indian Police Academy shall be required to attend the Bridge Program of the Indian Police Academy, or an equivalent program, prior to receiving a certification under this subsection. . 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 of, 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.