[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2695 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2695
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 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.
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 is amended by inserting after
section 4 (25 U.S.C. 2803) the following:
``SEC. 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.''.
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 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.
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