[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2242 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2242
To amend the Homeland Security Act of 2002 to include Indian tribes
among the entities consulted with respect to activities carried out by
the Secretary of Homeland Security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2003
Mr. Kennedy of Rhode Island (for himself, Mr. Camp, Mr. Kildee, Mr.
Pallone, Mr. Baca, Ms. Norton, Mr. Carson of Oklahoma, Mr. Foley, Mr.
Hayworth, Mr. Frost, Mr. Udall of New Mexico, Mr. Rangel, Mr. Filner,
Ms. Lee, Mr. George Miller of California, Ms. Bordallo, Mr.
Faleomavaega, and Mr. Frank of Massachusetts) introduced the following
bill; which was referred to the Committee on Resources, and in addition
to the Committees on the Judiciary, the Budget, Select Intelligence
(Permanent Select), and Select Homeland Security, 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 Homeland Security Act of 2002 to include Indian tribes
among the entities consulted with respect to activities carried out by
the Secretary of Homeland Security, 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 ``Tribal Government Amendments to the
Homeland Security Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) There is a government-to-government relationship
between the United States and each Indian tribal government.
(2) Through statutes and treaties, Congress has recognized
the inherent sovereignty of Indian tribal governments and the
rights of Native people to self-determination and self-
governance.
(3) Each Indian tribal government possesses the inherent
sovereign authority--
(A)(i) to establish its own form of government;
(ii) to adopt a constitution or other organic
governing documents; and
(iii) to establish a tribal judicial system; and
(B) to provide for the health and safety of those
who reside on tribal lands, including the provision of
law enforcement services on lands under the
jurisdiction of the tribal government.
(4) Tribal emergency response providers, such as tribal
emergency public safety officers, law enforcement officers,
emergency response personnel, emergency medical personnel and
facilities (including tribal and Indian Health Service
emergency facilities), and related personnel, agencies, and
authorities--
(A) play a crucial role in providing for the health
and safety of those who reside on tribal lands; and
(B) are necessary components of a comprehensive
system to secure the homeland of the United States.
(5) There are more than 25 Indian tribes that have primary
jurisdiction over--
(A) lands within the United States that are
adjacent to the Canadian or Mexican border; or
(B) waters of the United States that provide direct
access by boat to lands within the United States.
(6) The border lands under the jurisdiction of Indian
tribal governments comprise more than 260 miles of the
approximately 7,400 miles of international border of the United
States.
(7) Numerous Indian tribal governments exercise criminal,
civil, and regulatory jurisdiction over lands on which dams,
oil and gas deposits, nuclear or electrical power plants, water
and sanitation systems, or timber or other natural resources
are located.
(8) The involvement of tribal governments in the protection
of the homeland of the United States is essential to the
comprehensive maintenance of the homeland security of the
United States.
(b) Purposes.--The purposes of this Act are to ensure that--
(1) the Department of Homeland Security consults with,
involves, coordinates with, and includes Indian tribal
governments in carrying out the mission of the Department under
the Homeland Security Act of 2002 (Public Law 107-296); and
(2) Indian tribal governments participate fully in the
protection of the homeland of the United States.
SEC. 3. TABLE OF CONTENTS; DEFINITIONS.
(a) Table of Contents.--The table of contents of the Homeland
Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended in
the item relating to section 801 by inserting ``, Tribal,'' after
``State''.
(b) Definitions.--Section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101) is amended--
(1) in paragraph (6), by inserting ``tribal,'' after
``State,'';
(2) by redesignating paragraphs (9), (10), (11), (12),
(13), (14), (15), and (16) as paragraphs (10), (11), (12),
(13), (14), (15), (16), and (19), respectively;
(3) by inserting after paragraph (8) the following:
``(9) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community located in the continental United States (excluding
the State of Alaska) that is recognized as being eligible for
the special programs and services provided by the United States
to Indians because of their status as Indians.'';
(4) in paragraph (11) (as redesignated by paragraph (2)),
by striking subparagraph (B) and inserting the following:
``(B) an Alaska Native village or organization;
and''; and
(5) by inserting after paragraph (16) (as redesignated by
paragraph (2)) the following:
``(17) Tribal college or university.--The term `tribal
college or university' has the meaning given the term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).
``(18) Tribal government.--The term `tribal government'
means the governing body of an Indian tribe that is recognized
by the Secretary of the Interior.''.
SEC. 4. DEPARTMENT OF HOMELAND SECURITY.
(a) Executive Department; Mission.--Section 101(b)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 111(b)(2)) is amended by
inserting ``tribal,'' after ``State,''.
(b) Secretary; Functions.--Section 102(c) of the Homeland Security
Act of 2002 (6 U.S.C. 112(c)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
Tribal,'' after ``of State''; and
(2) by inserting ``, tribal,'' after ``State'' each place
it appears.
SEC. 5. INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION.
(a) Directorate for Information Analysis and Infrastructure
Protection.--Section 201(d) of the Homeland Security Act of 2002 (6
U.S.C. 121(d)) is amended--
(1) in paragraphs (1), (3), (6), (7)(B), (8), (9), (11),
and (13), by inserting ``, tribal,'' after ``State'' each place
it appears;
(2) in paragraph (16), by inserting ``, tribal,'' after
``State''; and
(3) in paragraph (17), by inserting ``tribal,'' after
``State,''.
(b) Access to Information.--Section 202(d)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 122(d)(2)) is amended by inserting ``,
tribal,'' after ``State''.
(c) Critical Infrastructure Information; Definitions.--Section 212
of the Homeland Security Act of 2002 (6 U.S.C. 131) is amended in
paragraphs (3)(A) and (5)(C) by inserting ``tribal,'' after ``State,''
each place it appears.
(d) Protection of Voluntarily Shared Critical Infrastructure
Information.--Section 214 of the Homeland Security Act of 2002 (6
U.S.C. 133) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C)--
(i) by inserting ``tribal,'' after
``State,''; and
(ii) by striking ``or State'' and inserting
``, State, or tribal''; and
(B) in subparagraph (E)--
(i) in the matter preceding clause (i), by
inserting ``, tribal,'' after ``State'';
(ii) in clause (i), by inserting ``,
tribal,'' after ``State''; and
(iii) in clause (ii), by inserting ``,
tribal,'' after ``State'';
(2) in subsection (c), by inserting ``tribal,'' after
``State,''; and
(3) in subsection (e)(2)(D), by inserting ``, tribal,''
after ``State''.
(e) Enhancement of Non-Federal Cybersecurity.--Section 223(1) of
the Homeland Security Act of 2002 (6 U.S.C. 143(1)) is amended by
inserting ``, tribal,'' after ``State''.
(f) Mission of Office; Duties.--Section 232 of the Homeland
Security Act of 2002 (6 U.S.C. 162) is amended--
(1) in subsection (a)(2), by inserting ``tribal,'' after
``State,'';
(2) in subsection (b)--
(A) in paragraphs (2) and (3), by inserting
``tribal,'' after ``State,'' each place it appears;
(B) in paragraph (6)--
(i) in the matter preceding subparagraph
(A), by inserting ``tribal,'' after ``State,'';
and
(ii) in subparagraph (H), by inserting ``,
tribal,'' after ``State''; and
(C) in paragraphs (9), (11), and (14), by inserting
``, tribal,'' after ``State'' each place it appears;
and
(3) in subsection (g)(1)(A), by inserting ``tribal,'' after
``State,''.
(g) National Law Enforcement and Corrections Technology Centers.--
Section 235(d) of the Homeland Security Act of 2002 (6 U.S.C. 165(d))
is amended by inserting ``tribal,'' after ``State,''.
SEC. 6. SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY.
(a) Responsibilities and Authorities of the Under Secretary for
Science and Technology.--Section 302(6) of the Homeland Security Act of
2002 (6 U.S.C. 182(6)) is amended by inserting ``tribal,'' after
``State,''.
(b) Conduct of Certain Public Health-
Related Activities.--Section 304(a) of the Homeland Security Act of
2002 (6 U.S.C. 184(a)) is amended by inserting ``and the Indian Health
Service'' after ``Public Health Service''.
(c) Conduct of Research, Development, Demonstration, Testing, and
Evaluation.--Section 308(b) of the Homeland Security Act of 2002 (6
U.S.C. 188(b)) is amended--
(1) in paragraph (1)(A), by striking ``colleges,
universities,'' and inserting ``colleges and universities
(including tribal colleges and universities),''; and
(2) in paragraph (2)(B), by inserting ``(including tribal
colleges or universities)'' after ``universities''.
(d) Utilization of Department of Energy National Laboratories and
Sites in Support of Homeland Security Activities.--Section 309(d) of
the Homeland Security Act of 2002 (6 U.S.C. 189(d)) is amended by
inserting ``, tribal,'' after ``State''.
(e) Homeland Security Institute.--Section 312(d) of the Homeland
Security Act of 2002 (6 U.S.C. 192(d)) is amended by inserting ``tribal
colleges and universities,'' after ``education,''.
(f) Technology Clearinghouse To Encourage and Support Innovative
Solutions To Enhance Homeland Security.--Section 313 of the Homeland
Security Act of 2002 (6 U.S.C. 193) is amended--
(1) in paragraphs (1) and (4) of subsection (b), by
inserting ``tribal,'' after ``State,'' each place it appears;
and
(2) in subsection (c)(1), by inserting ``, tribal,'' after
``State''.
SEC. 7. DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY.
(a) Office for Domestic Preparedness.--Section 430(c)(5) of the
Homeland Security Act of 2002 (6 U.S.C. 238(c)(5)) is amended by
inserting ``, tribal,'' after ``State''.
(b) Report on Improving Enforcement Functions.--Section 445(b) of
the Homeland Security Act of 2002 (6 U.S.C. 255(b)) is amended by
inserting ``, tribal,'' after ``State''.
SEC. 8. EMERGENCY PREPAREDNESS AND RESPONSE.
(a) Responsibilities.--Section 502(5) of the Homeland Security Act
of 2002 (6 U.S.C. 312(5)) is amended by inserting ``tribal,'' after
``State''.
(b) Conduct of Certain Public Health-
Related Activities.--Section 505(a) of the Homeland Security Act of
2002 (6 U.S.C. 315(a)) is amended--
(1) by inserting ``tribal,'' after ``State,''; and
(2) by inserting ``and the Indian Health Service'' after
``Public Health Service''.
SEC. 9. TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES
OF THE UNITED STATES AND OTHER GOVERNMENTAL
ORGANIZATIONS.
Section 601(c)(9)(B) of the Homeland Security Act of 2002 (6 U.S.C.
331(c)(9)(B)) is amended by inserting ``tribal,'' after ``State,''.
SEC. 10. COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL
PROVISIONS.
(a) Office for State and Local Government Coordination.--Section
801 of the Homeland Security Act of 2002 (6 U.S.C. 361) is amended--
(1) in the section heading, by inserting
``, tribal,'' after ``state'';
(2) in subsection (a)--
(A) by inserting ``, Tribal,'' after ``State''; and
(B) by inserting ``, tribal,'' after ``State''; and
(3) in subsection (b), by inserting ``, tribal,'' after
``State'' each place it appears.
(b) Litigation Management.--Section 863(a)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 442(a)(1)) is amended in the second
sentence by inserting ``, or area under the jurisdiction of an Indian
tribe,'' after ``State''.
(c) Definitions for Support Anti-Terrorism by Fostering Effective
Technologies Act.--Section 865(6) of the Homeland Security Act of 2002
(6 U.S.C. 444(6)) is amended by inserting ``, tribal,'' after
``State''.
(d) Regulatory Authority and Preemption.--Section 877(b) of the
Homeland Security Act of 2002 (6 U.S.C. 457(b)) is amended--
(1) in the subsection heading, by inserting ``, Tribal,''
after ``State''; and
(2) by inserting ``, tribal,'' after ``State'' each place
it appears.
(e) Information Sharing.--Section 891 of the Homeland Security Act
of 2002 (6 U.S.C. 481) is amended--
(1) in subsection (b)--
(A) in paragraphs (2), (4), (5), (7), (8), and (9),
by inserting ``, tribal,'' after ``State'' each place
it appears;
(B) in paragraph (6)--
(i) by inserting ``, tribal,'' after
``certain State''; and
(ii) by inserting ``tribal,'' after
``State,''; and
(C) in paragraphs (10) and (11), by inserting
``tribal,'' after ``State,'' each place it appears; and
(2) in subsection (c), by inserting ``tribal,'' after
``State,''.
(f) Facilitating Homeland Security Information Sharing
Procedures.--Section 892 of the Homeland Security Act of 2002 (6 U.S.C.
482) is amended--
(1) in subsection (a)(1)(A), by inserting ``, tribal,''
after ``State'';
(2) in paragraphs (1), (2)(D), and (6) of subsection (b),
by inserting ``, tribal,'' after ``State'' each place it
appears;
(3) in subsection (c), by inserting ``, tribal,'' after
``State'' each place it appears;
(4) in subsection (e), by inserting ``, tribal,'' after
``State'' each place it appears;
(5) in subsection (f)--
(A) in paragraph (1), by inserting ``tribal,''
after ``State,''; and
(B) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by inserting ``, tribal,'' after
``State'';
(ii) in subparagraph (A), by inserting
``tribally or'' after ``other'';
(iii) in subparagraph (B), by inserting ``,
tribal,'' after ``State''; and
(iv) in subparagraph (D), by inserting
``tribal,'' after ``State,''; and
(6) in subsection (g), by inserting ``, tribal,'' after
``State''.
(g) Report.--Section 893(a) of the Homeland Security Act of 2002 (6
U.S.C. 483(a)) is amended in the second sentence by inserting
``tribal,'' after ``State,''.
SEC. 11. DEPARTMENT OF JUSTICE DIVISIONS.
Section 1114(b) of the Homeland Security Act of 2002 (6 U.S.C.
532(b)) is amended by inserting ``tribal,'' after ``State,''.
SEC. 12. AMENDMENTS TO OTHER LAWS.
(a) Cyber Security Enhancement Act of 2002.--
(1) Emergency disclosure exception.--Section 2702(b)(7) of
title 18, United States Code (as added by section 225(d) of the
Homeland Security Act of 2002 (Public Law 107-296; 116 Stat.
2157)), is amended by inserting ``tribal,'' after ``State,''.
(2) Protecting privacy--Section 2701(b)(1) of title 18,
United States Code (as amended by section 225(j)(2)(A) of the
Homeland Security Act of 2002 (Public Law 107-296; 116 Stat.
2158)), is amended by inserting ``or Indian tribe'' after ``or
any State''.
(b) National Institute of Justice.--Section 202(c)(11) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3722(c)(11)) (as added by section 237(2) of the Homeland Security Act
of 2002 (Public Law 107-296; 116 Stat. 2162)) is amended by inserting
``tribal,'' after ``State,''.
(c) Homeland Security Funding Analysis in President's Budget.--
Section 1105(a)(33)(A)(iii) of title 31, United States Code (as added
by section 889(a) of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2250) is amended by inserting ``, tribal,'' after
``State''.
(d) Authority To Share Grand Jury Information.--Rule 6(e)(3)(C) of
the Federal Rules of Criminal Procedure (as amended by section 895(2)
of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat.
2256)) is amended--
(1) in clause (i)(VI), by striking ``federal, state,'' and
inserting ``Federal, State, tribal,''; and
(2) in the last sentence of clause (iii), by striking
``state,'' and inserting ``State, tribal,''.
(e) Authority To Share Electronic, Wire, and Oral Interception
Information.--Section 2517(8) of title 18, United States Code (as added
by section 896 of the Homeland Security Act of 2002 (Public Law 107-
296; 116 Stat. 2257)), is amended by inserting ``tribal,'' after
``State,'' each place it appears.
(f) Foreign Intelligence Information.--Section 203(d)(1) of the
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of
2001 (50 U.S.C. 403-5d) (as amended by section 897(a) of the Homeland
Security Act of 2002 (Public Law 107-296; 116 Stat. 2257)) is amended
by inserting ``tribal,'' after ``State,'' each place it appears.
(g) Foreign Intelligence Surveillance.--
(1) Information acquired from an electronic surveillance.--
Section 106(k)(1) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1806) (as amended by section 898 of the
Homeland Security Act of 2002 (Public Law 107-296; 116 Stat.
2258)) is amended by inserting ``or Indian tribe'' after
``subdivision)''.
(2) Information acquired from a physical search.--Section
305(k)(1) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1825) (as amended by section 899 of the Homeland
Security Act of 2002 (Public Law 107-296; 116 Stat. 2258)) is
amended by inserting ``or Indian tribe'' after
``subdivision)''.
(h) Transfer of Certain Security and Law Enforcement Functions and
Authorities.--Section 1315 of title 40, United States Code (as amended
by section 1706(b)(1) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2316)), is amended--
(1) in subsection (d)(3), by inserting ``tribal,'' after
``State,''; and
(2) in subsection (e), by inserting ``, tribal,'' after
``State'' each place it appears.
SEC. 13. CONGRESSIONAL AFFIRMATION AND DECLARATION OF TRIBAL GOVERNMENT
AUTHORITIES.
(a) In General.--For the purpose of this Act, Congress affirms and
declares that the inherent sovereign authority of an Indian tribal
government includes the authority to enforce and adjudicate violations
of applicable criminal, civil, and regulatory laws committed by any
person on land under the jurisdiction of the Indian tribal government,
except as expressly and clearly limited by--
(1) a treaty between the United States and an Indian tribe;
or
(2) an Act of Congress.
(b) Scope.--The authority of an Indian tribal government described
in subsection (a) shall--
(1) be concurrent with the authority of the United States;
and
(2) extend to--
(A) all places and persons within the Indian
country (as defined in section 1151 of title 18, United
States Code) under the concurrent jurisdiction of the
United States and the Indian tribal government; and
(B) any person, activity, or event having
sufficient contacts with that land, or with a member of
the Indian tribal government, to ensure protection of
due process rights.
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