[Congressional Record Volume 149, Number 37 (Friday, March 7, 2003)]
[Senate]
[Page S3372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE (for himself, Mr. Campbell, Mr. Akaka, and Ms. 
        Cantwell):
  S. 578. 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; to the Committee on Government Affairs.
  Mr. INOUYE. Mr. President, I rise today to introduce a bill that 
would amend the Homeland Security Act of 2002 to include Indian tribal 
governments amongst the governmental entities that are consulted with 
respect to activities carried out by the Secretary of the Department of 
Homeland Security. This bill is entitled the ``Tribal Government 
Amendments to the Homeland Security Act of 2002'', and I am pleased to 
be joined in the sponsorship of this measure by the Chairman of the 
Senate Committee on Indian Affairs, Senator Ben Nighthorse Campbell, as 
well as our colleagues Senator Daniel Akaka, and Senator Maria 
Cantwell.
  The amendments proposed in this measure were developed in 
consultation with the Senate Government Affairs Committee in the last 
session of the Congress but were not included in the final version of 
the Act because of the procedural posture of the bill as it came to the 
Senate from the House of Representatives.
  There are 260 miles of tribal lands which form our northern and 
southern borders with Canada and Mexico, and along those border lands, 
tribal governments are the principal and frequently the only law 
enforcement presence with the capacity to protect those borders and to 
assure the safety of our homeland. In addition, there are hundreds of 
miles of tribal lands that border the waters surrounding the United 
States, and there too, tribal law enforcement is the first line of 
defense for purposes of homeland security.
  In the Homeland Security Act of 2002, tribal governments are included 
in the definition of ``local governments''. As we all know, local 
governments are political subdivisions of the States. In contrast, 
tribal governments are recognized as separate sovereigns under the 
United States Constitution that do not derive their sovereign status 
from the States, and accordingly, we believe that Federal law should 
continue to reflect the legal distinction between local governments 
that are political subdivisions of the States and tribal governments.
  Accordingly, these amendments would remove tribal governments from 
the definition of ``local governments'' as currently set forth in the 
Act, and insert tribal governments in the appropriate and relevant 
sections of the Act.
  There can be no doubt that tribal governments have a critical role to 
play in our Nation's homeland security efforts and the protection of 
our land and water borders. Thus, this measure also makes clear that 
for purposes of homeland security, the United States recognizes the 
inherent authority of tribal governments to exercise jurisdiction 
currently with the Federal government to assure that applicable 
criminal, civil and regulatory laws are enforced on tribal lands.
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