Parity for Tribal Law Enforcement Act
Parity for Tribal Law Enforcement Act would update the Indian Law Enforcement Reform Act to create a new category called “Tribal Law Enforcement Officers.” Tribes that contract or compact any or all Federal law enforcement functions under the Indian Self-Determination and Education Assistance Act could have their officers enforce Federal law within the tribal jurisdiction if they meet specific training, background check, and policy requirements and the tribe adopts Bureau of Justice Services (Bureau)–level policies. These Tribal officers would be treated, for certain purposes, as Federal law enforcement officers, eligible for related authorities and protections, including certain areas of federal law and federal retirement considerations. The bill also requires a federal credentialing process and guidance to implement these provisions, plus an oversight role for the Department of Justice to coordinate public-safety efforts in Indian country, including reporting to Congress, training, data collection, and program evaluation.
Key Points
- 1Creation of “Tribal Law Enforcement Officers” who may enforce Federal law in Indian country if they:
- 2- Completed training comparable to Bureau of Indian Affairs Office of Justice Services staff performing similar services;
- 3- Passed an adjudicated background investigation equivalent to that used by the Bureau; and
- 4- Received certification from the Office of Justice Services of the Bureau; and
- 5- The tribe adopts policies and procedures meeting or exceeding Bureau standards for the same program or activity.
- 6Tribal officers would be deemed Federal law enforcement officers for purposes of certain laws (e.g., specific sections of Title 18 and Title 5, and the Federal Tort Claims Act) and would be eligible as Federal employees under the retirement system referenced in Title 5.
- 7Certification process: within 2 years after enactment, the Secretary would:
- 8- Develop credentialing procedures to confirm minimum standards and training for Indian country peace officers;
- 9- Issue guidance that allows voluntary participation, credit for prior years of service, participation by officers funded by DOJ grants, and recognition of tribal retirement ages that may exceed Federal retirement ages.
- 10- Require a Bridge Program for officers who attend non-Indian Police Academy training before certification (ensuring equivalent preparation).
- 11Oversight and coordination: The Attorney General (through the Deputy Attorney General) would coordinate DOJ activities to ensure a unified approach to public safety in Indian communities, including:
- 12- Timely reports to Congress;
- 13- Enhanced training on public safety in Indian country and attendance/outcomes data;
- 14- Updates to U.S. Attorney operational plans;
- 15- Data collection and evaluation related to public safety in Indian communities;
- 16- Other duties needed to improve public safety.