[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 578 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 578

  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 SENATE OF THE UNITED STATES

                             March 7, 2003

  Mr. Inouye (for himself, Mr. Campbell, Mr. Akaka, and Ms. Cantwell) 
introduced the following bill; which was read twice and referred to the 
                   Committee on Governmental Affairs

_______________________________________________________________________

                                 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 of 2002''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (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; and
            (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 goverment, to ensure protection of 
                due process rights.
                                 <all>