109th CONGRESS
2d Session
H. R. 4871
To ensure the coordination and integration of Indian tribes in
the National Homeland Security strategy and to establish an Office of Tribal
Government Homeland Security within the Department of Homeland Security,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 2, 2006
Mr. PALLONE introduced the following bill; which was referred to the Committee
on Resources, and in addition to the Committee on Homeland Security, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To ensure the coordination and integration of Indian tribes in
the National Homeland Security strategy and to establish an Office of Tribal
Government Homeland Security within the Department of Homeland Security,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Tribal Government Homeland
Security Coordination and Integration Act'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 4. Office of tribal government homeland security.
Sec. 5. Report to congress.
Sec. 6. Authorization of appropriations.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings- 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, 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.
(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) Purposes- 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.
SEC. 3. DEFINITIONS.
(1) DIRECTOR- The term `Director' means the Director of the Office of
Tribal Government Homeland Security.
(2) INDIAN TRIBE- 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) OFFICE- The term `Office' means the Office of Tribal Government Homeland
Security established in section 4.
(4) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.
SEC. 4. OFFICE OF TRIBAL GOVERNMENT HOMELAND SECURITY.
(1) ESTABLISHMENT- There is hereby established within the Department of
Homeland Security an office to be known as the `Office of Tribal Government
Homeland Security'.
(2) DIRECTOR- 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) DUTIES OF THE SECRETARY- 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) DUTIES OF THE DIRECTOR- 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) IN GENERAL- 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) DISCRETIONARY AUTHORITY- The Secretary may delegate to such Indian
tribes primary responsibility for homeland security activities within
its respective jurisdiction.
(d) Information Sharing- 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.
(1) GENERAL ELIGIBILITY- Indian tribes shall be eligible to apply for,
receive, direct, and supervise any homeland security-related Federal grant
programs.
(2) AUTHORITY TO AWARD GRANTS- The 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) Technical Assistance- 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) Assessment- 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 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) Reporting- 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) Prohibition- 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.).
SEC. 5. REPORT TO CONGRESS.
(a) In General- 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 Resources of the House of Representatives
a report on the operation of the Office.
(b) Contents of Report- 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.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums are necessary to carry
out this Act, to remain available until expended.
END
