[Congressional Record Volume 148, Number 125 (Monday, September 30, 2002)]
[Extensions of Remarks]
[Pages E1704-E1705]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page E1704]]
 INTRODUCING THE TRIBAL GOVERNMENT HOMELAND SECURITY COORDINATION AND 
                            INTEGRATION ACT

                                 ______
                                 

                        HON. FRANK PALLONE, JR.

                             of new jersey

                    in the house of representatives

                      Thursday, September 26, 2002

  Mr. PALLONE. Mr. Speaker, I rise today as a member of the Native 
American Caucus to introduce the Tribal Government Homeland Security 
Coordination and Integration Act and urge my colleagues to co-sponsor 
and vote for this legislation. This bill will help ensure that the 
United States is better prepared to prevent and respond to terrorist 
activities and other emergencies.
  Once this bill is signed into law, federal, state, local and tribal 
governments within the United States will be fully integrated in a 
national homeland security strategy. Moreover, my bill will ensure that 
all levels of government are engaged in a coordinated effort and well 
equipped to defend against bioterrorism and to handle any other public 
health or safety emergency that threatens our land or people. For the 
first time in the history of our country, every government in America 
will be positioned and united to assist in the singular effort of 
protecting what we have here on our shores.
  Ever since President Bush stated in his State of the Union Address 
earlier this year that State and local governments should have access 
to Federal homeland and anti-bioterrorism security funding, it has been 
my strong belief that tribal governments should participate in these 
programs and be included in the distribution of these funds.
  However, since the president did not mandate the inclusion of tribal 
governments in homeland security and emergency preparedness programs, 
there has been confusion within the departments of the Federal 
Government as to whether or not Indian tribes should receive homeland 
security program or grant funds. Similar to State governments, tribal 
governments have citizens to serve and protect and their decisions 
often benefit the larger surrounding communities and states.
  Tribal governments administer hospitals, law enforcement and public 
safety agencies, research centers, childcare facilities, primary and 
secondary schools, colleges, court systems, environmental protection 
agencies and carry out numerous other governmental functions. Tribal 
business interests include a full range of activities from agriculture 
to industrial production to business parks. As a result of such tribal 
governmental administration and commercial activity, Indian tribes 
provide major contributions to the local, regional and national economy 
by providing both revenue and employment opportunities to both Indian 
and non-Indian people of America.
  During the first round of homeland security funding distribution 
every state was allocated $5 million in federal funds to develop their 
homeland emergency preparedness plans. However, tribal governments 
struggled to develop their emergency preparedness plans with their 
existing resources.
  It is vital that Congress and the Administration guarantee that the 
Federal Government and State, local and tribal governments participate 
in an integrated and coordinated effort to protect our people and 
lands. A failure to integrate and coordinate with tribal governments in 
the homeland security plan could leave many weak governmental links in 
America's homeland security chain of protection. Since we are spending 
a great deal of time and resources developing a national homeland 
security strategic plan, we might as well strive to get it right the 
first time. Therefore, I urge my colleagues to support the Tribal 
Government Homeland Security Coordination and Integration Act.
  During a House Energy and Commerce Committee hearing in March, I 
asked Health and Human Services Secretary Tommy Thompson if tribal 
governments would have access to homeland security funds administered 
by his Department, and if so, by what means would the Secretary inform 
tribes of their eligibility? Secretary Thompson responded by stating 
that to the best of his knowledge, tribal governments would be eligible 
for such funding and that he would notify the tribal governments of 
their ability to access these funds. I hoped that by informing tribal 
governments of their ability to request these funds, that this would 
encourage such governments to come forward and successfully receive the 
funds crucial to protecting their people and land and participate in 
the national strategy to protect America here at home.
  Unfortunately, Secretary Thompson has failed to clarify the 
eligibility of tribal governments to participate in homeland security 
administered by the Health and Human Services Department. In addition, 
Secretary Thompson did not adequately contact tribes about their needs 
or reach out to provide them with homeland security information. 
Instead, he responded to my request by sending a letter to Governors 
reminding each that they should not overlook the existence of tribal 
governments within their borders.
  While I was disappointed that Secretary Thompson had not chosen to 
reach out to tribal governments prior to March, I believed that the 
lack of communication between the new Administration and tribal 
governments stemmed from the President's non-issuance of an Executive 
Order requiring the Federal Government to establish a consultation 
policy with tribal governments. Without such an order, I believed 
tribal governments would have continued to be left out of the loop on 
Federal programs and other information that could dramatically benefit 
their governments and citizens.
  In an attempt to address this situation, I sent a letter to the 
President, which was cosigned by twelve of my colleagues, asking that 
he clarify his policy position regarding consultation with tribal 
governments and I urged him to offer an Executive Order. I am pleased 
that the administration responded to my letter by reaffirming the 
existing Executive Order on tribal consultation.
  After 6 months of communications concerning the necessary role of 
tribal consultation and requesting that the President issue a directive 
for such interaction, I am pleased that the Bush Administration has 
clarified his policy. In a letter dated June 19, Alberto Gonzales, 
Counsel to the President, wrote:

       Dear Congressman Pallone: On behalf of President Bush, 
     thank you for the letter you and some of your colleagues sent 
     on March 20, 2002, regarding the issuance of an Executive 
     Order on consultation and coordination with Indian tribal 
     governments.
       As you know, President Clinton issued Executive Order 
     13175, entitled Consultation and Coordination with Indian 
     Tribal Governments, on November 6, 2000. In early 2001, the 
     Bush Administration reviewed the Executive Order and found it 
     to be consistent with the views of the Administration on 
     tribal consultation and coordination. Currently, the 
     Administration is working to see that the order is 
     implemented. It is our hope that growing experience with 
     tribal consultation and the emergence of agency policies and 
     procedures will result in better federal governance on issues 
     of concern to tribal governments.''

  I applaud the administration for clarifying the role the federal 
departments will take in consulting with tribal governments on issues 
that affect them. Yet, I remain concerned about their record in 
implementing this policy. My bill will remedy the Administration's 
failure to establish tribal participation in homeland security 
activities and provide that tribes are treated as states, as 
appropriate, but there are many other instances in which federal 
programs need further clarification with respect to the eligibility of 
Indian tribes.
  I want to thank all of my colleagues in Congress who supported my 
letter to the President requesting clarification of his tribal 
consultation procedure. I want to thank Representatives Baca, 
Blumenauer, Filner, Inslee, Jefferson, Lee, Maloney, McCollum, Reyes, 
Roybal-Allard, Stupak and Udall, for their support on this initiative.
  During this 107th session of Congress, the president and Congress 
have requested and approved substantial homeland security and emergency 
preparedness funding increases for federal and state governments in 
Fiscal Years 2002 and 2003. In an attempt to ensure tribal governments 
received access to these funds, I urged the Administration and my 
colleagues to mandate that a portion of these funds be made available 
to their governments. For the most part, such goals have gone 
unfulfilled and it is time to rectify this situation.
  Since the terrorist attacks of Sept. 11, 2001, and the subsequent 
introduction of weapons grade anthrax into the United States postal 
system and congressional office buildings in Washington, D.C., 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.
  Current versions of Homeland Security Department legislation 
incorporate state and local governments, health officials and law 
enforcement entities. However, to make certain the United States is 
fully prepared to prevent and respond to terrorist activities on all 
fronts, I believe tribal governments must also be included.
  Despite the government-to-government relationship between tribal 
governments and the United States, the United States has not honored 
its trust responsibility and failed to include and consult with tribal 
governments in homeland security planning. Moreover, there are no 
specific provisions for the BIA or the IHS to participate in homeland 
security programs and funding.
  In an attempt to remedy these situations, I am introducing this bill 
to ensure the coordination and integration of tribal governments in the 
national homeland security strategy and to establish an Office of 
Tribal Government Homeland Security within the Department of

[[Page E1705]]

Homeland Security. The bill will also designate specific provisions for 
the BIA and the IHS to participate in homeland security funding.
  Throughout many areas of the United States, tribal, BIA and IHS 
facilities and services are the only sources available to provide 
emergency health services, disaster response, and law enforcement to 
tribal and surrounding non-tribal communities alike. Thus, enhancing 
the capacity of Tribes to plan, protect against and respond to 
bioterrorism or other public health or safety emergencies is vital to 
all Americans.
  To ensure the bill meets the needs and honors the rights of tribal 
governments, I have consulted with representatives from the National 
Indian Health Board (NIHB), National Congress of American Indians, 
California Rural Indian Health Board and tribal governments in 
designing its contents. I am pleased that we are moving forward 
together on this initiative. I would like to acknowledge Ms. Lenna Aoki 
of NIHB for lending her expertise in government relations and strategic 
planning in this legislative effort.
  Summary of events reestablishing tribal government participation in 
homeland security:
  9/11/01, terrorists attack World Trade Center in New York City and 
shortly thereafter weapons grade anthrax is delivered into the United 
States postal system and congressional office buildings in Washington, 
D.C.
  1/29/02, President Bush declares in his State of the Union Address 
that state governments should have access to federal homeland and anti-
bioterrorism security funding. During his speech, the President fails 
to specify whether tribal governments are included in this homeland 
emergency preparedness plan, establishing great confusion within the 
departments of the federal government as to whether or not they have 
access to funds.
  1/31/02, Health and Human Services Secretary Tommy Thompson writes a 
letter to all state governors in follow-up to his letter of 1/11/02 
further advising them of the comprehensive financial resources that 
their states will be receiving, ``in support of State and local public 
health measures to strengthen the nation against the threat of 
biological weapons.'' One billion dollars was made available to states 
to foster State and local preparedness. Each state received $5,000,000 
to implement part one of the two-part plan. Tribal governments were not 
mentioned in this letter and therefore received zero funding from this 
funding source.
  2/1-28/02, Congressman Frank Pallone, Jr., instructs his staff 
person, Mr. Mark LeBeau, to take the lead to ensure access for tribal 
governments to homeland security and anti-bioterrorism funding. Mr. 
LeBeau, on behalf of Congressman Pallone, began to consult with the 
national and regional organizations which represent tribal governments, 
as well as with tribal governments directly, on this initiative.
  3/13/02, Congressman Pallone, during a House Energy and Commerce 
Committee hearing, presses Secretary Thompson as to whether or not 
tribal governments would have access to homeland security and anti-
bioterrorism funds. Secretary Thompson responds by stating that tribal 
governments are eligible for both types of security funds. The 
Secretary stated that he would notify the tribes of their ability to 
access these funds.
  3/20/02, Congressman Pallone sends a letter with twelve colleagues to 
the President asking the he clarify his procedure of consulting with 
tribal governments on all issues pertaining to Indian Country. In the 
letter, the Congressmen state, ``we have spoken with numerous American 
Indian tribal representatives during the past six months, and have 
learned that they are incredibly concerned that the Administration has 
not issued an Executive Order on Consultation and Coordination with 
Indian Tribal Governments. Without such an Order, agencies and entities 
such as the Bureau of Indian Affairs and Homeland Security team have 
developed their own management systems without consulting the Indian 
tribal governments. Such non-inclusion stimulates confusion at the 
national, state and tribal level, and leaves Indian tribal governments 
out of the loop.''
  3/22/02, Health and Human Services Secretary Tommy Thompson writes a 
letter to all state governors requesting that, ``State's plans take 
full advantage of the great resources and health care delivery systems 
that Tribes and the IHS have to offer and that you involve them to the 
maximum degree possible in both your planning and implementation.''
  5/13/02, Congressman Pallone sends ``Dear Advocates of Indian 
Country'' letter to tribal governments informing them of his effort to 
pressure the Bush Administration to make homeland security funds 
available to tribes.
  5/17/02, Congressman Pallone publishes a column in Indian Country 
Today regarding the need for tribal governments to have access to 
federal homeland and anti-bioterrorism security funding, and urge such 
governments to request such funding from the federal government.
  6/19/02, Alberto Gonzales, counsel to the President, responds to the 
letter sent by Congressman Pallone and the twelve colleagues regarding 
consultation with tribal governments. Mr. Gonzales writes, ``In early 
2001, the Bush Administration reviewed the Executive Order and found it 
to be consistent with the views of the Administration on tribal 
consultation and coordination. Currently, the Administration is working 
to see that the Order is implemented.''
  7/17/02, Congressman Pallone sends ``Dear Advocates of Indian 
Country'' letter to tribal governments, updating them on his decision 
to conduct a comprehensive review of the existing appropriations and 
authorization measures of the Anti-Terrorism Emergency spending bills; 
the president's budget request for FY 03 related to this initiative, as 
well as the newly planned homeland security department budget to 
determine where tribal governments can access such funding.
  7/25/03, Congressman Pallone sends ``Dear Advocates of Indian 
Country'' letter to tribal governments informing them of the 
Administration's decision regarding the role the federal departments 
will take in consulting with tribal governments on all issues that 
affect them.
  8/5/02, Congressman Pallone sends ``Dear Advocates of Indian 
Country'' letter to tribal governments updating them on the 
consultation meetings he has held with the National Indian Health Board 
regarding the proposed Homeland Security Department.
  8/5/02, Health and Human Services Secretary Tommy Thompson writes a 
letter to Congressman Pallone to inform him of the recent efforts that 
the Department of Health and Human Services has made to ensure the 
inclusion of tribal leaders in bioterrorism and overall public health 
preparedness activities. The Secretary states, ``though we did not 
specifically include American Indian and Alaska native tribes in the 
initial letter sent to governors, the HRSA Bioterrorism Hospital 
Preparedness Program cooperative agreement guidance dated February 15, 
2002 recommended that tribal and IHS hospital take a leadership role in 
regional planning.
  8/28/02, Congressman Pallone publishes a column in Indian Country 
Today regarding his decision to introduce a bill to ensure the 
coordination and integration of tribal governments in the national 
homeland security plan and to establish an Office of Tribal Government 
Homeland Security within the Department of Homeland Security. The bill, 
developed in consultation with tribal governments and their 
representative organizations, will also designate specific provisions 
for the BIA and the IHS to participate in homeland security funding.
  9/26/03, Congressman Pallone introduces the Tribal Government 
Homeland Security Coordination and Integration Act.

                          ____________________