[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1374 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 159
109th CONGRESS
  1st Session
                                S. 1374

  To amend the Homeland Security Act of 2002 to provide for a border 
               preparedness pilot program on Indian land.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 11, 2005

   Mr. McCain (for himself, Mr. Dorgan, and Mr. Kyl) introduced the 
             following bill; which was read the first time

                             July 12, 2005

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
  To amend the Homeland Security Act of 2002 to provide for a border 
               preparedness pilot program on Indian land.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. BORDER PREPAREDNESS ON INDIAN LAND.

    Subtitle D of title IV of the Homeland Security Act of 2002 (6 
U.S.C. 251 et seq.) is amended by adding at the end the following:

``SEC. 447. BORDER PREPAREDNESS PILOT PROGRAM ON INDIAN LAND.

    ``(a) Definitions.--In this section:
            ``(1) Indian land.--The term `Indian land' means--
                    ``(A) all land within the boundaries of any Indian 
                reservation; and
                    ``(B) any land the title to which is--
                            ``(i) held in trust by the United States 
                        for the benefit of an Indian tribe or 
                        individual; or
                            ``(ii) held by any Indian tribe or 
                        individual--
                                    ``(I) subject to a restriction by 
                                the United States against alienation; 
                                and
                                    ``(II) over which an Indian tribe 
                                exercises governmental authority.
            ``(2) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community that is recognized by the Secretary as--
                    ``(A) eligible for the special programs and 
                services provided by the United States to Indians 
                because of their status as Indians; and
                    ``(B) possessing powers of self-government.
            ``(3) Tribal government.--The term `tribal government' 
        means the governing body of an Indian tribe.
    ``(b) Purpose.--The purpose of this section is to require the 
Secretary, acting through the Office of Domestic Preparedness, to 
establish a pilot program for not fewer than 6 tribal governments on 
Indian land located on or near the border of the United States with 
Canada or Mexico in order to--
            ``(1) facilitate the coordination of the response of an 
        Indian tribe to a threat to the security of an international 
        border of the United States with the responses of Federal, 
        State, and local governments;
            ``(2) enhance the capability of an Indian tribe as a first 
        responder to an illegal crossing of an immigrant over an 
        international border of the United States;
            ``(3) provide training and technical assistance to Indian 
        tribes in the use by the tribes of effective surveillance 
        technologies, integrated communication systems and equipment, 
        and personnel training; and
            ``(4) provide technical advice and assistance to Indian 
        tribes to plan and implement strategies to detect and prevent--
                    ``(A) any illegal entry by a person into the land 
                of the tribes; and
                    ``(B) the transportation of any illegal substance 
                within or near the boundaries of the land of the 
                tribes.
    ``(c) Pilot Program.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Secretary, acting through the 
        Office of Domestic Preparedness, shall establish a pilot 
        program under which the Secretary provides direct grants to 
        eligible tribal governments, as determined by the Secretary, to 
        achieve the purposes of this section.
            ``(2) Use of funds and assistance.--
                    ``(A) In general.--A tribal government shall use 
                any funds or assistance provided under paragraph (1) 
                consistent with the purposes of this section.
                    ``(B) Administration by tribal governments.--A 
                tribal government that receives any funds or assistance 
                under paragraph (1) shall administer the funds or 
                assistance in accordance with any requirement or 
                regulation promulgated by the Secretary.
            ``(3) Selection criteria.--In selecting a tribal government 
        to receive funds or assistance under paragraph (1), the 
        Secretary may take into consideration--
                    ``(A) the distance between the Indian land in the 
                jurisdiction of the tribal government and an 
                international border of the United States;
                    ``(B) the extent to which the resources of the 
                Indian tribe are affected by--
                            ``(i) a border enforcement effort; or
                            ``(ii) the threat of illegal immigration; 
                        and
                    ``(C) the interests of the Indian tribe.
    ``(d) Reports.--
            ``(1) Tribal governments.--
                    ``(A) In general.--Not later than 1 year after 
                receiving funds or assistance under subsection (c) and 
                annually thereafter, a tribal government shall submit 
                to the Secretary a report in such a manner and 
                containing such information as the Secretary may 
                require.
                    ``(B) Inclusion.--A report under subparagraph (A) 
                shall include a description of--
                            ``(i) any funds or assistance received by 
                        the tribal government under this section;
                            ``(ii) the use of the funds or assistance 
                        by the tribal government;
                            ``(iii) any obstacle encountered by the 
                        tribal government in administering the funds or 
                        assistance; and
                            ``(iv) any accomplishment made or obstacle 
                        encountered by the tribal government in 
                        developing a cooperative effort with another 
                        Indian tribe, the Federal Government, or a 
                        State or local government, and the effect of 
                        the accomplishment or obstacle on the tribe.
            ``(2) Secretary.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report describing--
                    ``(A) the information contained in the reports 
                under paragraph (1);
                    ``(B) the degree of success of--
                            ``(i) the Secretary in implementing the 
                        pilot program; and
                            ``(ii) each project under the pilot program 
                        under subsection (c) in achieving the goals of 
                        the pilot program; and
                    ``(C) any recommendation, including a legislative 
                recommendation, of the Secretary relating to the pilot 
                program.
    ``(e) Effect of Section.--Nothing in this section affects--
            ``(1) the authority of the Commissioner of the Bureau of 
        Customs and Border Protection; or
            ``(2) any authority of an Indian tribe, tribal 
        organization, or tribal government participating in a program 
        under this section.
    ``(f) Effect of Fund Allocation.--Any funds allocated under this 
section shall be in addition to, and not in lieu of, any funds 
available to an Indian tribe, tribal organization, or tribal government 
under this Act.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,500,000 for each of fiscal 
years 2006 through 2008.''.
                                                       Calendar No. 159

109th CONGRESS

  1st Session

                                S. 1374

_______________________________________________________________________

                                 A BILL

  To amend the Homeland Security Act of 2002 to provide for a border 
               preparedness pilot program on Indian land.

_______________________________________________________________________

                             July 12, 2005

            Read the second time and placed on the calendar