118 HR 4524 IH: Parity for Tribal Law Enforcement Act
U.S. House of Representatives
2023-07-10
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I
118th CONGRESS
1st Session
H. R. 4524
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.
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 (25 U.S.C. 2801 et seq.) is amended by inserting after section 4 the following:
“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.”.
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.