[Congressional Record Volume 151, Number 92 (Monday, July 11, 2005)]
[Senate]
[Pages S7989-S7990]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself and Mr. Dorgan):
  S. 1374. A bill to amend the Homeland Security Act of 2002 to provide 
for a border preparedness pilot program on Indian land; read the first 
time.
  Mr. McCAIN. Mr. President, I am pleased to introduce a bill that 
authorizes the Secretary or Homeland Security to establish a pilot 
program to enhance an Indian tribe's response to border activity. I am 
pleased to be joined by the vice chairman of the Indian Affairs 
Committee, Senator Byron Dorgan, and my good friend and colleague from 
Arizona, Senator Jon Kyl, as original cosponsors of this bill.
  This bill establishes a pilot program to enhance tribal first 
responder capabilities, provide assistance for surveillance 
technologies and communication capabilities and to facilitate 
coordination and cooperation with Federal, State, local and tribal 
governments along the international border. The criteria for 
participation in the pilot program is to be prescribed by the Secretary 
taking into consideration the tribes' proximity to the border and the 
extent to which border crossing activity impacts existing tribal 
resources.
  This bill is substantially similar to Section 132 of S. 536, the 
Native American Omnibus Act of 2005, which was unanimously passed out 
of the Committee on Indian Affairs earlier this year. It has been 
modified to address several concerns including to clarify that it does 
not alter the original jurisdiction or traditional role of the Federal 
agencies responding to border crimes or any Indian tribe.
  Several Indian tribes inhabit land on or easily accessible to the 
United States and Canada and Mexico. This bill recognizes that these 
tribes are exceptionally vulnerable to border crimes. And, although 
enforcement of our immigration laws and border security is a Federal 
responsibility, these tribes continue to bear extraordinary costs in 
responding to border crimes and almost always divert funds intended for 
local police and welfare services to do so. For example, a tribal 
police officer may see suspicious drug or immigrant smuggling activity 
occurring within the Indian tribes boundaries or come upon an accident 
scene or death involving illegal immigrants or drug smugglers. The 
tribal officer is required to notify Federal officials and render aid 
to the injured. The Federal official may be hours away and the tribal 
police are usually asked to detain the suspects or possibly transport 
them to medical aid. Meanwhile, the tribal police agency is unable to 
respond to community calls for service. Additionally, tribal police are 
intimately familiar with their territory and are able to provide 
Federal agencies with information that is useful in fulfilling their 
responsibilities.
  I recognize that Federal and State agencies play the primary role in 
these efforts. However, in specific areas of this Nation, tribal 
government police, fire and emergency services often provide the first 
and often only response because of their access to the border. A 
tribe's proximity to the border and its responsibility for public 
safety and welfare of their members requires that they respond. Simply 
put, Indian tribes situated close to the international border are 
vulnerable and greatly impacted and we must acknowledge their daily 
role in responding to border crimes. This bill gives them added tools 
to do so.
  I ask unanimous consent that my remarks and the full text of the bill 
be included in the Record.

                                S. 1374

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

     SECTION 1. BORDER PREPAREDNESS ON INDIAN LAND.

       Subtitle D of title IV of the Homeland Security Act of 2002 
     (6 U.S.C. 251 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 447. BORDER PREPAREDNESS PILOT PROGRAM ON INDIAN LAND.

       ``(a) Definitions.--In this section:
       ``(1) Indian land.--The term `Indian land' means--
       ``(A) all land within the boundaries of any Indian 
     reservation; and
       ``(B) any land the title to which is--
       ``(i) held in trust by the United States for the benefit of 
     an Indian tribe or individual; or
       ``(ii) held by any Indian tribe or individual--

       ``(I) subject to a restriction by the United States against 
     alienation; and
       ``(II) over which an Indian tribe exercises governmental 
     authority.

       ``(2) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community that is recognized by the Secretary as--
       ``(A) eligible for the special programs and services 
     provided by the United States to Indians because of their 
     status as Indians; and
       ``(B) possessing powers of self-government.
       ``(3) Tribal government.--The term `tribal government' 
     means the governing body of an Indian tribe.
       ``(b) Purpose.--The purpose of this section is to require 
     the Secretary, acting through the Office of Domestic 
     Preparedness, to establish a pilot program for not fewer than 
     6 tribal governments on Indian land located on or near the 
     border of the United States with Canada or Mexico in order 
     to--
       ``(1) facilitate the coordination of the response of an 
     Indian tribe to a threat to the security of an international 
     border of the United States with the responses of Federal, 
     State, and local governments;
       ``(2) enhance the capability of an Indian tribe as a first 
     responder to an illegal crossing of an immigrant over an 
     international border of the United States;
       ``(3) provide training and technical assistance to Indian 
     tribes in the use by the tribes of effective surveillance 
     technologies, integrated communication systems and equipment, 
     and personnel training; and
       ``(4) provide technical advice and assistance to Indian 
     tribes to plan and implement strategies to detect and 
     prevent--
       ``(A) any illegal entry by a person into the land of the 
     tribes; and
       ``(B) the transportation of any illegal substance within or 
     near the boundaries of the land of the tribes.
       ``(c) Pilot Program.--

[[Page S7990]]

       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Secretary, acting through 
     the Office of Domestic Preparedness, shall establish a pilot 
     program under which the Secretary provides direct grants to 
     eligible tribal governments, as determined by the Secretary, 
     to achieve the purposes of this section.
       ``(2) Use of funds and assistance.--
       ``(A) In general.--A tribal government shall use any funds 
     or assistance provided under paragraph (1) consistent with 
     the purposes of this section.
       ``(B) Administration by tribal governments.--A tribal 
     government that receives any funds or assistance under 
     paragraph (1) shall administer the funds or assistance in 
     accordance with any requirement or regulation promulgated by 
     the Secretary.
       ``(3) Selection criteria.--In selecting a tribal government 
     to receive funds or assistance under paragraph (1), the 
     Secretary may take into consideration--
       ``(A) the distance between the Indian land in the 
     jurisdiction of the tribal government and an international 
     border of the United States;
       ``(B) the extent to which the resources of the Indian tribe 
     are affected by--
       ``(i) a border enforcement effort; or
       ``(ii) the threat of illegal immigration; and
       ``(C) the interests of the Indian tribe.
       ``(d) Reports.--
       ``(1) Tribal governments.--
       ``(A) In general.--Not later than 1 year after receiving 
     funds or assistance under subsection (c) and annually 
     thereafter, a tribal government shall submit to the Secretary 
     a report in such a manner and containing such information as 
     the Secretary may require.
       ``(B) Inclusion.--A report under subparagraph (A) shall 
     include a description of--
       ``(i) any funds or assistance received by the tribal 
     government under this section;
       ``(ii) the use of the funds or assistance by the tribal 
     government;
       ``(iii) any obstacle encountered by the tribal government 
     in administering the funds or assistance; and
       ``(iv) any accomplishment made or obstacle encountered by 
     the tribal government in developing a cooperative effort with 
     another Indian tribe, the Federal Government, or a State or 
     local government, and the effect of the accomplishment or 
     obstacle on the tribe.
       ``(2) Secretary.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing--
       ``(A) the information contained in the reports under 
     paragraph (1);
       ``(B) the degree of success of--
       ``(i) the Secretary in implementing the pilot program; and
       ``(ii) each project under the pilot program under 
     subsection (c) in achieving the goals of the pilot program; 
     and
       ``(C) any recommendation, including a legislative 
     recommendation, of the Secretary relating to the pilot 
     program.
       ``(e) Effect of Section.--Nothing in this section affects--
       ``(1) the authority of the Commissioner of the Bureau of 
     Customs and Border Protection; or
       ``(2) any authority of an Indian tribe, tribal 
     organization, or tribal government participating in a program 
     under this section.
       ``(f) Effect of Fund Allocation.--Any funds allocated under 
     this section shall be in addition to, and not in lieu of, any 
     funds available to an Indian tribe, tribal organization, or 
     tribal government under this Act.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,500,000 for 
     each of fiscal years 2006 through 2008.''.

                              S. Res. 194

       Relative to the death of Gaylord A. Nelson, former United 
     States Senator for the State of Wisconsin.
       Whereas Gaylord A. Nelson served in the United States Army 
     from 1942-1946;
       Whereas Gaylord A. Nelson served as Governor of the State 
     of Wisconsin from 1959-1963;
       Whereas Gaylord A. Nelson served the people of Wisconsin 
     with distinction for 18 years in the United States Senate;
       Whereas Gaylord A. Nelson served the Senate as Chairman of 
     the Select Committee on Small Business from the Ninety-Third 
     through the Ninety-Sixth Congresses and as Chairman of the 
     Special Committee on Official Conduct in the Ninety-Fifth 
     Congress;
       Whereas Gaylord A. Nelson received the Presidential Medal 
     of Freedom in 1995;
       Resolved, That the Senate has heard with profound sorrow 
     and deep regret the announcement of the death of the 
     Honorable Gaylord A. Nelson, former member of the United 
     States Senate.
       Resolved, That the Secretary of the Senate communicate 
     these resolutions to the House of Representatives and 
     transmit an enrolled copy thereof to the family of the 
     deceased.
       Resolved, That when the Senate adjourns today, it stand 
     adjourned as a further mark of respect to the memory of the 
     Honorable Gaylord A. Nelson.
                                 ______