1.Short title; table of
contents
(a)This Act may be cited
as the Tribal Government Homeland Security Coordination and
Integration Act
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Office of Tribal Government Homeland
Security.
Sec. 5. Report to Congress.
Sec. 6. Authorization of appropriations.
2.
(a)Congress
finds the following:
(1)Since the
terrorist attacks of September 11, 2001, and the subsequent introduction of
weapons grade anthrax into the United States Postal System and Congressional
office buildings in Washington, DC, the President and the Congress have worked
closely to respond to the need to rebuild and strengthen the Nation's public
health, national security, and emergency response systems.
(2)Based on article
I, section 8 of the United States Constitution, treaties, Federal statutes, and
court decisions, the United States has a unique historical and legal
relationship with American Indian and Alaska Native people, which serves as the
basis for the Federal Government's trust responsibility and obligations. There
are currently 558 federally recognized Indian tribes in the United States, with
some 40 percent of Indian tribes located in the State of Alaska. Indian tribes
have principle responsibility for lands and people within their
jurisdiction.
(3)Despite the
government-to-government relationship between Indian tribes and the United
States, the United States has failed to include and consult with Indian tribes
with regard to homeland security prevention, protection, and response
activities planning. Moreover, there are no specific provisions for the Bureau
of Indian Affairs or the Indian Health Service to participate in homeland
security programs and funding.
(4)Throughout many
areas of the United States, facilities operated, and services, activities and
government functions carried out, by Indian tribes, the Bureau of Indian
Affairs and the Indian Health Service are the only sources available to provide
emergency health services, disaster response, and law enforcement to the tribal
and non-tribal community, thus serving the role as first
responders
in the event of a terrorist attack.
(5)To provide for the
public health and safety on tribal lands and in the surrounding communities, it
is imperative to establish tribal participation in homeland security
initiatives. Indian tribes must be included in the national strategy for
homeland security and receive an appropriate share of related funding.
(6)The treatment of
Indian tribes as State governments, as appropriate, for developing funding
methodologies, planning, consultation, coordination, and for eligibility for
grant monies will ensure Indian tribes are adequately prepared to respond to
homeland security threats.
(7)Indian tribes
shall be treated as State, as appropriate, for purposes of planning,
consultation, coordination, eligibility for grant monies and other purposes to
improve the United States capacity to prepare, prevent and respond to terrorist
activities.
(b)The
purposes of this Act are as follows:
(1)To establish
within the Department of Homeland Security an office known as the Office of
Tribal Government Homeland Security.
(2)To authorize the
Secretary of Homeland Security to appoint, in consultation with Indian tribes,
a Director of Tribal Government Homeland Security.
(3)To provide for
more effective management of, and accountability for the proper discharge of,
the Secretary’s trust responsibility to Indian tribes and individual American
Indians and Alaska Natives by establishing in the Department of Homeland
Security an Office of Tribal Government Homeland Security.
(4)To integrate and
coordinate the efforts of the Department of Homeland Security and Indian tribes
to prepare for, prevent, protect against, respond to, and recover from
terrorist attacks.
(5)To provide
strategic integration of the Homeland Security activities of Indian tribes that
will complement the operational consolidation of the various directorates
within the Department.
(6)To supplement the capacity of the Indian
Health Service and the Bureau of Indian Affairs to respond to the homeland
security needs of American Indians and Alaska Natives, without jeopardizing the
nonsecurity missions of the Indian Health Service and the Bureau of Indian
Affairs.
(7)To serve as an
information clearinghouse and to enhance the integration and coordination of
Indian tribes and in the activities of the Department of Homeland
Security.
(8)To
establish an organizational framework within the Department of Homeland
Security through which the Federal Government, Indian tribes, and State and
local governments can work effectively and collaboratively on public health and
safety, terrorism detection, prevention, response, and protection of critical
infrastructure.
3.In this Act:
(1)The
term Director means the Director of the Office of Tribal
Government Homeland Security.
(2)The term Indian tribe has the meaning given
that term in section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)).
(3)The
term Office means the Office of Tribal Government Homeland
Security established in section 4.
(4)The
term Secretary means the Secretary of Homeland Security.
4.Office of Tribal
Government Homeland Security
(a)
(1)There
is hereby established within the Department of Homeland Security an office to
be known as the Office of Tribal Government Homeland
Security
.
(2)The
Office shall be headed by a Director, appointed by the Secretary in
consultation with Indian tribes, whose title shall be the Director of Tribal
Government Homeland Security. The Director shall be equal in pay and authority
of an Assistant Secretary.
(b)Duties of
Secretary; Director
(1)The Secretary shall—
(A)ensure the
coordination of Federal programs that provide assistance (including financial
and technical assistance) to eligible Indian tribes and provide those
governments with treatment as State governments, as appropriate, for planning,
consultation, and coordination and for eligibility for Federal grant monies and
funds to improve capacity and help prepare, prevent, and respond to terrorist
activities, and for other related purposes in and near tribal
communities;
(B)ensure Indian
tribes are included in the coordination activities of the Homeland Security
Department’s Border and Transportation functions in the same manner as State
and local law enforcement entities;
(C)ensure Indian
tribes with jurisdiction over lands adjacent to the Canadian and Mexican
borders are adequately prepared to help protect United States borders,
territorial waters, waterways, and other transportation systems;
(D)ensure the broad
spectrum of infrastructure throughout Indian Country, including nuclear and
electrical power plants, water and sanitation facilities, agricultural, food
processing, oil, timber, and other natural resources is adequately protected
against terrorist threats;
(E)ensure that Indian
tribes are properly equipped to prepare for, prevent, and respond to terrorist
activities in the same manner as State and local governments;
(F)provide Indian
tribes the necessary equipment for detection, protection, and decontamination
in emergencies involving weapons of mass destruction;
(G)provide Indian
tribes with emergency preparedness training and exercise programs and further
assistance for any emergency, including natural disasters or disease;
(H)include Indian
tribes in all facets of research, development, resource assessment, and risk
analysis in the same manner as State and local governments; and
(I)include Indian
tribes, as appropriate, in the coordination of the Homeland Security
Department’s Immigration and Nationality functions in the same manner as State
and local law enforcement entities.
(2)The Director shall—
(A)coordinate homeland security activities
among Indian tribes and related Federal agencies, including integration and
coordination of the efforts of the Department of Homeland Security and Indian
tribes to prepare for, prevent, protect against, respond to, and recover from
terrorist attacks;
(B)provide strategic
integration to complement the operational consolidation of the various
directorates within the Department of Homeland Security, with respect to Indian
tribes;
(C)ensure that Indian
tribes are included in the gathering and analysis of terrorist threats and
other information in the same manner as Federal, State, and local law
enforcement entities;
(D)serve as the
Secretary’s key point of contact for Indian tribes in need of assistance and
information homeland security grants for purposes of planning, consultation,
coordination, eligibility for grant monies and other purposes to improve the
United States capacity to prepare, prevent and respond to terrorist activities
and to work with Indian tribes and executive agencies in promoting homeland
security;
(E)serve as the
coordinating center intended to facilitate communication between and
integration with Indian tribes and other Federal departments that have homeland
security responsibilities, including but not limited to health surveillance,
emergency preparation and response, border security, critical infrastructure
protection, technology, and communication;
(F)establish a
network through which the Federal Government, Indian tribes, and State and
local governments work collaboratively on public health and safety, terrorism
detection, prevention, response, and protection of critical infrastructure
targets; and
(G)establish a
mechanism for the distribution of warnings and information to tribal
communities.
(c)Treatment of
Indian Tribes as States
(1)The Secretary shall—
(A)treat Indian tribes
as States, as appropriate, for the purpose of homeland security consultation,
planning, coordination, bioterrorism preparedness, prevention, and response,
emergency preparedness and response, border and transportation security, and
for other purposes related to protecting the homeland;
(B)include Indian
tribes in funding methodologies for purposes of allocating any financial
resources; and
(C)support and
facilitate the capacity necessary for the Indian Health Service and Bureau of
Indian Affairs to respond to the homeland security needs of American Indians
and Alaska Natives, without jeopardizing their non-security missions.
(2)The Secretary may delegate to such Indian tribes
primary responsibility for homeland security activities within its respective
jurisdiction.
(d)The Secretary shall provide assistance to enhance
information technology capabilities of Indian tribes and ensure—
(1)the active
participation of Indian tribes in the coordination with Federal, State, and
local governments and the private sector as related to homeland security
activities; and
(2)provide Indian
tribes access to the same type of information being exchanged between Federal,
State, and local authorities for the purpose of providing government personnel,
agencies, and authorities, with appropriate intelligence information, including
warnings, regarding threats posed by terrorism in a timely and secure
manner.
(e)
(1)Indian tribes shall be eligible to apply for,
receive, direct, and supervise any homeland security-related Federal grant
programs.
(2)Authority to
award grantsThe Secretary may award grants to Indian tribes for
the following purposes:
(A)Planning,
consultation, and coordination to improve infrastructure, to prevent terrorist
activities.
(B)Training and
education of employees responsible for public health, safety and emergency
response activities.
(C)Addressing
communication gaps and infrastructure needs related to homeland
security.
(D)Increasing the
capacity of Indian tribes to help prepare, prevent, and respond to terrorist
activities and other public health and safety emergencies.
(E)Development of a
comprehensive plan to help prepare, prevent, and respond to terrorist
activities and other public health and safety emergencies.
(F)Implementation of
plans to help prepare, prevent, and respond to terrorist activities and other
public health and safety emergencies.
(G)The preparation of
reports assessing the emergency preparedness of Indian tribes, including an
assessment of Indian tribes' coordination with the Department.
(H)Such other
purposes related to the purposes of this Act the Secretary considers
appropriate.
(f)The Secretary shall—
(1)directly or by
contract, provide Indian tribes with technical assistance in developing,
implementing and managing emergency response plans.
(2)Ensure that legal,
financial, and other expertise of the Department of Homeland Security is made
fully available in an advisory capacity to Indian tribes to assist in the
development, implementation, and management of emergency response plans.
(3)Provide Department
of Homeland Security programs designed to provide legal, accounting, financial,
or technical assistance to eligible Indian tribes.
(4)Facilitate
cooperation with the heads of appropriate Federal agencies working on homeland
security initiatives.
(5)Any other activity
that the Secretary, in consultation with the Director, considers appropriate to
carry out this section.
(g)Not
later than 6 months after the date of the enactment of this Act, the Secretary
shall submit an assessment report detailing the baseline readiness of Indian
tribes to the Committee on Indian Affairs of the Senate and the Committee on
Natural Resources of the House of Representatives. In addition to an assessment
of baseline readiness, the report shall contain any legislative recommendations
necessary to improve coordination and integration of Indian tribes in the
National Homeland Security Strategy.
(h)The
Secretary shall determine the effectiveness of the Office through the
preparation of reports assessing the emergency preparedness of Indian tribes,
including an assessment of Indian tribes’ coordination with the Department of
Homeland Security.
(i)The
Secretary may not provide assistance under this section for any activity
related to the operation of a gaming activity on Indian lands pursuant to the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
5.
(a)Not later than 1 year after the date of the enactment of
this Act, and annually thereafter, the Secretary, in consultation with the
Director, shall prepare and submit to the Committee on Indian Affairs of the
Senate and the Committee on Natural Resources of the House of Representatives a
report on the operation of the Office.
(b)Each report prepared under subsection (a) shall
include—
(1)for
the period covered by the report, a summary of the activities conducted by the
Secretary, in carrying out subsections (b) through (h) of section 4; and
(2)any
recommendations for legislation that the Secretary, in consultation with the
Director, determines to be necessary to carry out such sections.
6.Authorization of
appropriationsThere are
authorized to be appropriated such sums are necessary to carry out this Act, to
remain available until expended.