HR4712-119

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: 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— the applicable Tribal officers have— 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); 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 received a certification from the Office of Justice Services of the Bureau, as described in subsection (c); and 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. Subject to the guidance issued by the Secretary pursuant to subsection (c)(1)(B) and notwithstanding any other provision of law, 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— a Federal law enforcement officer for the purposes of— sections 111 and 1114 of title 18, United States Code; chapters 83 and 84 of title 5, United States Code; and chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act); and an eligible officer under subchapter III of chapter 81 of title 5, United States Code. Not later than 2 years after the date of enactment of the Parity for Tribal Law Enforcement Act, the Secretary shall— 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 notwithstanding any other provision of law, issue guidance, in consultation with Indian tribes, to otherwise implement this section, ensuring that, in implementing subsection (b)(1)(B), the guidance— provides for the voluntary participation by Tribal officers, on a position-by-position basis; allows Tribal officers to purchase service credit for prior years of service consistent with the guidance issued by the Secretary under this subparagraph; allows for the participation of Tribal officers, the salaries of which are funded in whole or in part by grants from the Office of Community Oriented Policing Services of the Department of Justice or any other agency in the Department of Justice; and recognizes that Tribal officers may participate if the Indian tribes of those Tribal officers have a mandatory retirement age that exceeds the applicable Federal mandatory retirement age for Federal law enforcement officers. 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. 4A.Tribal law enforcement officers (a)In generalNotwithstanding 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 officersSubject to the guidance issued by the Secretary pursuant to subsection (c)(1)(B) and notwithstanding any other provision of law, 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)chapters 83 and 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 generalNot 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)notwithstanding any other provision of law, issue guidance, in consultation with Indian tribes, to otherwise implement this section, ensuring that, in implementing subsection (b)(1)(B), the guidance— (i)provides for the voluntary participation by Tribal officers, on a position-by-position basis; (ii)allows Tribal officers to purchase service credit for prior years of service consistent with the guidance issued by the Secretary under this subparagraph; (iii)allows for the participation of Tribal officers, the salaries of which are funded in whole or in part by grants from the Office of Community Oriented Policing Services of the Department of Justice or any other agency in the Department of Justice; and (iv)recognizes that Tribal officers may participate if the Indian tribes of those Tribal officers have a mandatory retirement age that exceeds the applicable Federal mandatory retirement age for Federal law enforcement officers. (2)IPA Bridge ProgramTribal 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..

4A. Tribal law enforcement officers 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— the applicable Tribal officers have— 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); 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 received a certification from the Office of Justice Services of the Bureau, as described in subsection (c); and 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. Subject to the guidance issued by the Secretary pursuant to subsection (c)(1)(B) and notwithstanding any other provision of law, 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— a Federal law enforcement officer for the purposes of— sections 111 and 1114 of title 18, United States Code; chapters 83 and 84 of title 5, United States Code; and chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act); and an eligible officer under subchapter III of chapter 81 of title 5, United States Code. Not later than 2 years after the date of enactment of the Parity for Tribal Law Enforcement Act, the Secretary shall— 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 notwithstanding any other provision of law, issue guidance, in consultation with Indian tribes, to otherwise implement this section, ensuring that, in implementing subsection (b)(1)(B), the guidance— provides for the voluntary participation by Tribal officers, on a position-by-position basis; allows Tribal officers to purchase service credit for prior years of service consistent with the guidance issued by the Secretary under this subparagraph; allows for the participation of Tribal officers, the salaries of which are funded in whole or in part by grants from the Office of Community Oriented Policing Services of the Department of Justice or any other agency in the Department of Justice; and recognizes that Tribal officers may participate if the Indian tribes of those Tribal officers have a mandatory retirement age that exceeds the applicable Federal mandatory retirement age for Federal law enforcement officers. 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— the timely submission of reports to Congress; robust training, as required under Federal law and as needed or requested by Indian Tribes or Federal and State officials relating to— public safety in Indian communities; and training outcomes demonstrating a better understanding of public safety approaches in Indian communities; the updating of, and improvements to, United States Attorney operational plans; comprehensive evaluation and analysis of data, including approaches to collecting better data, relating to public safety in Indian communities; and other duties or responsibilities as needed to improve public safety in Indian communities.