1.
This Act may be cited as the
Tribal Government Amendments to the
Homeland Security Act of 2002
.
2.
(a)
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 is 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 comprises 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)
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.
3.
Table of contents; definitions
(a)
The table of contents of the Homeland Security Act of 2002
(Public Law
107–296;
116
Stat. 2135) is amended by striking the item relating to section
801 and inserting the following:
Sec. 801. Office of State, Tribal, and
Local Government
Coordination.
.
(b)
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)
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.
; and
(4)
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)
The term tribal government means the governing
body of an Indian tribe that is recognized by the Secretary of the
Interior.
.
4.
Department of Homeland Security
(a)
Section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112) (as
amended by section 7402 of the Intelligence Reform and Terrorism Prevention Act
of 2004 (Public Law 108–458)) is amended—
(1)in subsection
(c)—
(A)
in the matter preceding paragraph (1), by striking Office
of State and Local Coordination
and inserting Office of State,
Tribal, and Local Government Coordination and Preparedness
; and
(B)
in paragraphs (1), (2), and (3), by inserting ,
tribal,
after State
each place it appears; and
(2)in subsection
(f)—
(A)in paragraph (8),
by inserting tribal,
after State,
; and
(B)in paragraph
(10), by striking Office of State and Local Government Coordination and
Preparedness
and inserting Office of State, Tribal, and Local
Government Coordination and Preparedness
.
(b)Section 7405 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 112 note; Public Law 108–458) is amended by
striking Office of State and Local Government Coordination and
Preparedness
and inserting Office of State, Tribal, and Local
Government Coordination and Preparedness
.
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), (13), and (16), by inserting ,
tribal,
after State
each place it appears; and
(2)in paragraph
(17), by inserting tribal,
after State,
.
(b)
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)
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
(D)(ii)(II), by striking General Accounting Office.
and
inserting Government Accountability Office;
; and
(B)
in subparagraph (E), by inserting , tribal,
after
State
each place it appears;
(2)
in subsection (c), by inserting tribal,
after
State,
; and
(3)
in subsection (e)(2)(D), by inserting , tribal,
after State
.
(d)
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
.
(e)
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,
.
(f)
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,
.
6.
Science and technology in support of homeland security
(a)
Responsibilities and authorities of the undersecretary 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
.
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
heads of State
.
8.
Emergency preparedness and response
(a)
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
.
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,
.
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 Office for
State
; and
(B)
by inserting , tribal,
after relationships
with State
; and
(3)
in subsection (b), by inserting , tribal,
after
State
each place it appears.
(b)
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
.
(c)
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.
(d)
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,
.
(e)
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)—
(A)in the subsection
heading, by inserting ,
tribal,
after State
; and
(B)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
.
(f)
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,
.
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,
.
12.
(a)
Cyber security enhancement Act of 2002
(1)
Emergency disclosure exception
Section 2702(b)(8) of title 18, United States Code, is amended by
inserting tribal,
after State,
.
(2)
Section 2701(b)(1) of title 18, United States Code, 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)) 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, is
amended by inserting , tribal,
after
State
.
(d)
Authority to share electronic, wire, and oral interception
information
Section 2517(8) of title 18, United States Code, is amended by
inserting tribal,
after State,
each place it
appears.
(e)
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) is amended by
inserting tribal,
after State,
each place it
appears.
(f)
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(k)(1)) 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(k)(1)) is amended by inserting or Indian
tribe
after subdivision)
.
(g)
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.
13.
Authorization for direct fundingThe Secretary of Homeland Security may
provide any funds made available under the Homeland Security Act of 2002
(Public Law
107–296) directly to 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.