Parity for Tribal Law Enforcement Act
The Parity for Tribal Law Enforcement Act would amend the Indian Law Enforcement Reform Act to create a new pathway for tribal law enforcement officers (referred to as “Tribal officers”) who contract or compact federal law enforcement functions through the Indian Self-Determination and Education Assistance Act. If Tribal officers meet specified training, background check, and tribal policy standards, and their tribes adopt policies that meet or exceed Bureau of Indian Affairs (BIA) Office of Justice Services (OJS) standards, they would be authorized to enforce federal law within their tribal jurisdiction. These officers would be considered federal law enforcement officers for certain federal purposes, eligible for federal status under civil service retirement provisions, and granted access to related federal liability and employment protections. The bill also establishes a certification process overseen by the Department of the Interior and DOJ guidelines, allows for a bridge training option, and creates DOJ-led oversight and coordination to improve public safety in Indian communities.
Key Points
- 1Establishment of Tribal Law Enforcement Officers: Tribes that contract or compact federal law enforcement functions can appoint Tribal officers who may enforce federal law within the tribe’s jurisdiction if they meet training, background check, and policy equivalence to federal standards (Bureau OJS) and receive certification.
- 2Federal Law Enforcement Officer status: Once certified, Tribal officers are deemed federal law enforcement officers for purposes of certain statutes (18 U.S.C. sections on assault on federal officers, relevant civil service provisions, and the Federal Tort Claims Act) and are eligible officers under the federal civil service retirement system.
- 3Certification and credentialing: Within two years of enactment, the Secretary must create procedures to credential Tribal officers and issue guidance on implementing these provisions, including:
- 4- voluntary, position-by-position participation;
- 5- options for earning service credit for prior years;
- 6- participation for officers funded in part or whole by DOJ grants;
- 7- recognition of Tribal retirement ages that differ from the federal default.
- 8Bridge program for alternate training: Officers who choose to pursue a State or other approved training program must complete an Indian Police Academy Bridge Program (or equivalent) before receiving certification.
- 9Oversight and coordination: The Attorney General, through the Deputy Attorney General, will oversee DOJ activities to coordinate public safety efforts in Indian communities, including reporting to Congress, enhanced training, updating US Attorney plans, data collection and analysis, and other duties to improve public safety.