[Congressional Record Volume 151, Number 21 (Tuesday, March 1, 2005)]
[Senate]
[Pages S1868-S1870]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN (for himself and Mr. Inouye):
  S. 477. 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 Homeland Security and Governmental 
Affairs.
  Mr. DORGAN. Mr. President, I rise today to introduce the Tribal 
Government Amendments to the Homeland Security Act of 2002. Senator 
Inouye joins me in sponsoring this measure.
  It is well known that tribal governments serve as the primary 
instruments of law enforcement and emergency response for the more than 
fifty million acres of land that comprise Indian country.
  More than twenty-five Indian tribes have jurisdiction over lands that 
are either adjacent to international borders or are directly accessible 
to an international border by boat. These lands consist of over 260 
miles of the 7,400 miles of the international borders the United States 
shares with Canada and Mexico.
  But it is not only tribes located on or near international borders or 
waters that have a role to play in protecting the Nation's strategic 
assets. Energy resources located on tribal lands make up a significant 
snare of the United States' energy resources. Tribal governments hold 
title to 30 percent of the coal resources west of the Mississippi 
River, 37 percent of potential uranium resources, and three percent of 
known oil and gas resources in the United States.
  There is also extensive infrastructure located on or near tribal 
lands that is critical to our Nation's security--including dams, 
hydroelectric facilities, nuclear power generating plants, oil and gas 
pipelines, transportation corridors of railroads and highway systems, 
and communications towers.
  Like other governments, tribal governments need the necessary 
resources to develop their capacities to respond to threats of 
terrorism including access to information and information warning 
systems, law enforcement data bases, and health alert systems related 
to the possible use of chemical and biological warfare.
  The Homeland Security Act of 2002 provides the authority for the 
establishment of the Department of Homeland Security and the various 
duties and responsibilities of the Department and its employees. Many 
provisions of the Act reference State and local governments, but 
unfortunately, Indian tribal governments were erroneously included in 
the definition of ``local government'' in the Act as if tribal 
governments were political subdivisions of each State.
  The Federal government has long recognized that Indian tribes are 
separate, I distinct sovereigns, with which the United States has a 
government-to-government relationship. The U.S. Supreme Court has 
consistently sustained this status and the United States' relationship 
with the tribal governments. The United States' policy of tribal self-
governance and self-determination has proven to be the most successful 
for Indian tribes.
  The measure that I introduce today would treat Indian tribes as the 
separate political entities that they are, consistent with the Federal 
policy of tribal self-governance and self-determination. The bill 
amends the Homeland Security Act of 2002 by removing Indian tribes from 
the definition of ``local government'' and instead including the terms 
``Indian tribe'' and ``tribal government'' in the appropriate

[[Page S1869]]

places where the terms ``State'' and ``local governments'' are used.
  This bill would also explicitly vest the Secretary of the Department 
of Homeland Security with the discretionary authority to provide direct 
funding to Indian tribal governments. Because Indian tribes are already 
eligible for funding by virtue of their inclusion in the definition of 
``local government,'' this bill will not require additional funding nor 
will it divert any resources away from States or local governments.
  It is clear that Indian tribal governments have a vital role to play 
in the protection of our Nation's security, and I would urge my 
colleagues to give their favorable consideration to this measure.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 477

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Tribal Government Amendments 
     to the Homeland Security Act of 2002''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--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) Purposes.--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.

     SEC. 3. TABLE OF CONTENTS; DEFINITIONS.

       (a) Table of Contents.--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) Definitions.--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) Indian tribe.--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) Tribal government.--The term `tribal government' 
     means the governing body of an Indian tribe that is 
     recognized by the Secretary of the Interior.''.

     SEC. 4. DEPARTMENT OF HOMELAND SECURITY.

       (a) Secretary; Functions.--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) Conforming Amendment.--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''.

     SEC. 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) Access to Information.--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,''.

     SEC. 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''.

[[Page S1870]]

       (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''.

     SEC. 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''.

     SEC. 8. EMERGENCY PREPAREDNESS AND RESPONSE.

       (a) Responsibilities.--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''.

     SEC. 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,''.

     SEC. 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) Information Sharing.--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) Report.--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,''.

     SEC. 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,''.

     SEC. 12. AMENDMENTS TO OTHER LAWS.

       (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) Protecting privacy.--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.

     SEC. 13. AUTHORIZATION FOR DIRECT FUNDING.

       The 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.
                                 ______