I 

108TH CONGRESS 

1ST SESSION H. R. 2242

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2003

Mr. KENNEDY of Rhode Island (for himself, Mr. CAMP, Mr. KILDEE, Mr. 

PALLONE, Mr. BACA, Ms. NORTON, Mr. CARSON of Oklahoma, Mr. 

FOLEY, Mr. HAYWORTH, Mr. FROST, Mr. UDALL of New Mexico, Mr. 

RANGEL, Mr. FILNER, Ms. LEE, Mr. GEORGE MILLER of California, Ms. 

BORDALLO, Mr. FALEOMAVAEGA, and Mr. FRANK of Massachusetts) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committees on the Judiciary, the Budget, 

Select Intelligence (Permanent Select), and Select 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 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Tribal Government 

3 Amendments to the Homeland Security Act’’. 

4 SEC. 2. FINDINGS AND PURPOSES. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) There is a government-to-government rela7 tionship between the United States and each Indian 

8 tribal government. 

9 (2) Through statutes and treaties, Congress has 

10 recognized the inherent sovereignty of Indian tribal 

11 governments and the rights of Native people to self12 determination and self-governance. 

13 (3) Each Indian tribal government possesses 

14 the inherent sovereign authority—

15 (A)(i) to establish its own form of govern16 ment; 

17 (ii) to adopt a constitution or other organic 

18 governing documents; and 

19 (iii) to establish a tribal judicial system; 

20 and 

21 (B) to provide for the health and safety of 

22 those who reside on tribal lands, including the 

23 provision of law enforcement services on lands 

24 under the jurisdiction of the tribal government. 

25 (4) Tribal emergency response providers, such 

26 as tribal emergency public safety officers, law en-
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1 forcement officers, emergency response personnel, 

2 emergency medical personnel and facilities (including 

3 tribal and Indian Health Service emergency facili4 ties), and related personnel, agencies, and authori5 ties—

6 (A) play a crucial role in providing for the 

7 health and safety of those who reside on tribal 

8 lands; and 

9 (B) are necessary components of a com10 prehensive system to secure the homeland of 

11 the United States. 

12 (5) There are more than 25 Indian tribes that 

13 have primary jurisdiction over—

14 (A) lands within the United States that 

15 are adjacent to the Canadian or Mexican bor16 der; or 

17 (B) waters of the United States that pro18 vide direct access by boat to lands within the 

19 United States. 

20 (6) The border lands under the jurisdiction of 

21 Indian tribal governments comprise more than 260 

22 miles of the approximately 7,400 miles of inter23 national border of the United States. 

24 (7) Numerous Indian tribal governments exer25 cise criminal, civil, and regulatory jurisdiction over 
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1 lands on which dams, oil and gas deposits, nuclear 

2 or electrical power plants, water and sanitation sys3 tems, or timber or other natural resources are lo4 cated. 

5 (8) The involvement of tribal governments in 

6 the protection of the homeland of the United States 

7 is essential to the comprehensive maintenance of the 

8 homeland security of the United States. 

9 (b) PURPOSES.—The purposes of this Act are to en10 sure that—

11 (1) the Department of Homeland Security 

12 consults with, involves, coordinates with, and in13 cludes Indian tribal governments in carrying out the 

14 mission of the Department under the Homeland Se15 curity Act of 2002 (Public Law 107–296); and 

16 (2) Indian tribal governments participate fully 

17 in the protection of the homeland of the United 

18 States. 

19 SEC. 3. TABLE OF CONTENTS; DEFINITIONS. 

20 (a) TABLE OF CONTENTS.—The table of contents of 

21 the Homeland Security Act of 2002 (Public Law 107–296; 

22 116 Stat. 2135) is amended in the item relating to section 

23 801 by inserting ‘‘, Tribal,’’ after ‘‘State’’. 

24 (b) DEFINITIONS.—Section 2 of the Homeland Secu25 rity Act of 2002 (6 U.S.C. 101) is amended—
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1 (1) in paragraph (6), by inserting ‘‘tribal,’’ 

2 after ‘‘State,’’; 

3 (2) by redesignating paragraphs (9), (10), (11), 

4 (12), (13), (14), (15), and (16) as paragraphs (10), 

5 (11), (12), (13), (14), (15), (16), and (19), respec6 tively; 

7 (3) by inserting after paragraph (8) the fol8 lowing: 

9 ‘‘(9) INDIAN TRIBE.—The term ‘Indian tribe’ 

10 means any Indian tribe, band, nation, or other orga11 nized group or community located in the continental 

12 United States (excluding the State of Alaska) that 

13 is recognized as being eligible for the special pro14 grams and services provided by the United States to 

15 Indians because of their status as Indians.’’; 

16 (4) in paragraph (11) (as redesignated by para17 graph (2)), by striking subparagraph (B) and insert18 ing the following: 

19 ‘‘(B) an Alaska Native village or organiza20 tion; and’’; and 

21 (5) by inserting after paragraph (16) (as redes22 ignated by paragraph (2)) the following: 

23 ‘‘(17) TRIBAL COLLEGE OR UNIVERSITY.—The 

24 term ‘tribal college or university’ has the meaning 
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1 given the term in section 316(b) of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1059c(b)).

3 ‘‘(18) TRIBAL GOVERNMENT.—The term ‘tribal 

4 government’ means the governing body of an Indian 

5 tribe that is recognized by the Secretary of the Inte6 rior.’’. 

7 SEC. 4. DEPARTMENT OF HOMELAND SECURITY. 

8 (a) EXECUTIVE DEPARTMENT; MISSION.—Section 

9 101(b)(2) of the Homeland Security Act of 2002 (6 

10 U.S.C. 111(b)(2)) is amended by inserting ‘‘tribal,’’ after 

11 ‘‘State,’’. 

12 (b) SECRETARY; FUNCTIONS.—Section 102(c) of the 

13 Homeland Security Act of 2002 (6 U.S.C. 112(c)) is 

14 amended—

15 (1) in the matter preceding paragraph (1), by 

16 inserting ‘‘, Tribal,’’ after ‘‘of State’’; and 

17 (2) by inserting ‘‘, tribal,’’ after ‘‘State’’ each 

18 place it appears. 

19 SEC. 5. INFORMATION ANALYSIS AND INFRASTRUCTURE 

20 PROTECTION. 

21 (a) DIRECTORATE FOR INFORMATION ANALYSIS AND

22 INFRASTRUCTURE PROTECTION.—Section 201(d) of the 

23 Homeland Security Act of 2002 (6 U.S.C. 121(d)) is 

24 amended—
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1 (1) in paragraphs (1), (3), (6), (7)(B), (8), (9), 

2 (11), and (13), by inserting ‘‘, tribal,’’ after ‘‘State’’ 

3 each place it appears;

4 (2) in paragraph (16), by inserting ‘‘, tribal,’’ 

5 after ‘‘State’’; and 

6 (3) in paragraph (17), by inserting ‘‘tribal,’’ 

7 after ‘‘State,’’. 

8 (b) ACCESS TO INFORMATION.—Section 202(d)(2) of 

9 the Homeland Security Act of 2002 (6 U.S.C. 122(d)(2)) 

10 is amended by inserting ‘‘, tribal,’’ after ‘‘State’’. 

11 (c) CRITICAL INFRASTRUCTURE INFORMATION; 

12 DEFINITIONS.—Section 212 of the Homeland Security 

13 Act of 2002 (6 U.S.C. 131) is amended in paragraphs 

14 (3)(A) and (5)(C) by inserting ‘‘tribal,’’ after ‘‘State,’’ 

15 each place it appears. 

16 (d) PROTECTION OF VOLUNTARILY SHARED CRIT17 ICAL INFRASTRUCTURE INFORMATION.—Section 214 of 

18 the Homeland Security Act of 2002 (6 U.S.C. 133) is 

19 amended—

20 (1) in subsection (a)(1)—

21 (A) in subparagraph (C)—

22 (i) by inserting ‘‘tribal,’’ after 

23 ‘‘State,’’; and 

24 (ii) by striking ‘‘or State’’ and insert25 ing ‘‘, State, or tribal’’; and 
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1 (B) in subparagraph (E)—

2 (i) in the matter preceding clause (i), 

3 by inserting ‘‘, tribal,’’ after ‘‘State’’; 

4 (ii) in clause (i), by inserting ‘‘, trib5 al,’’ after ‘‘State’’; and 

6 (iii) in clause (ii), by inserting ‘‘, trib7 al,’’ after ‘‘State’’; 

8 (2) in subsection (c), by inserting ‘‘tribal,’’ after 

9 ‘‘State,’’; and 

10 (3) in subsection (e)(2)(D), by inserting ‘‘, trib11 al,’’ after ‘‘State’’. 

12 (e) ENHANCEMENT OF NON-FEDERAL

13 CYBERSECURITY.—Section 223(1) of the Homeland Secu14 rity Act of 2002 (6 U.S.C. 143(1)) is amended by insert15 ing ‘‘, tribal,’’ after ‘‘State’’. 

16 (f) MISSION OF OFFICE; DUTIES.—Section 232 of 

17 the Homeland Security Act of 2002 (6 U.S.C. 162) is 

18 amended—

19 (1) in subsection (a)(2), by inserting ‘‘tribal,’’ 

20 after ‘‘State,’’; 

21 (2) in subsection (b)—

22 (A) in paragraphs (2) and (3), by inserting 

23 ‘‘tribal,’’ after ‘‘State,’’ each place it appears; 

24 (B) in paragraph (6)—
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1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘tribal,’’ after 

3 ‘‘State,’’; and 

4 (ii) in subparagraph (H), by inserting 

5 ‘‘, tribal,’’ after ‘‘State’’; and 

6 (C) in paragraphs (9), (11), and (14), by 

7 inserting ‘‘, tribal,’’ after ‘‘State’’ each place it 

8 appears; and 

9 (3) in subsection (g)(1)(A), by inserting ‘‘trib10 al,’’ after ‘‘State,’’. 

11 (g) NATIONAL LAW ENFORCEMENT AND CORREC12 TIONS TECHNOLOGY CENTERS.—Section 235(d) of the 

13 Homeland Security Act of 2002 (6 U.S.C. 165(d)) is 

14 amended by inserting ‘‘tribal,’’ after ‘‘State,’’. 

15 SEC. 6. SCIENCE AND TECHNOLOGY IN SUPPORT OF HOME16 LAND SECURITY. 

17 (a) RESPONSIBILITIES AND AUTHORITIES OF THE

18 UNDER SECRETARY FOR SCIENCE AND TECHNOLOGY.—

19 Section 302(6) of the Homeland Security Act of 2002 (6 

20 U.S.C. 182(6)) is amended by inserting ‘‘tribal,’’ after 

21 ‘‘State,’’. 

22 (b) CONDUCT OF CERTAIN PUBLIC HEALTH23 RELATED ACTIVITIES.—Section 304(a) of the Homeland 

24 Security Act of 2002 (6 U.S.C. 184(a)) is amended by 
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1 inserting ‘‘and the Indian Health Service’’ after ‘‘Public 

2 Health Service’’. 

3 (c) CONDUCT OF RESEARCH, DEVELOPMENT, DEM4 ONSTRATION, TESTING, AND EVALUATION.—Section 

5 308(b) of the Homeland Security Act of 2002 (6 U.S.C. 

6 188(b)) is amended—

7 (1) in paragraph (1)(A), by striking ‘‘colleges, 

8 universities,’’ and inserting ‘‘colleges and universities 

9 (including tribal colleges and universities),’’; and 

10 (2) in paragraph (2)(B), by inserting ‘‘(includ11 ing tribal colleges or universities)’’ after ‘‘univer12 sities’’. 

13 (d) UTILIZATION OF DEPARTMENT OF ENERGY NA14 TIONAL LABORATORIES AND SITES IN SUPPORT OF

15 HOMELAND SECURITY ACTIVITIES.—Section 309(d) of 

16 the Homeland Security Act of 2002 (6 U.S.C. 189(d)) is 

17 amended by inserting ‘‘, tribal,’’ after ‘‘State’’. 

18 (e) HOMELAND SECURITY INSTITUTE.—Section 

19 312(d) of the Homeland Security Act of 2002 (6 U.S.C. 

20 192(d)) is amended by inserting ‘‘tribal colleges and uni21 versities,’’ after ‘‘education,’’. 

22 (f) TECHNOLOGY CLEARINGHOUSE TO ENCOURAGE

23 AND SUPPORT INNOVATIVE SOLUTIONS TO ENHANCE

24 HOMELAND SECURITY.—Section 313 of the Homeland 

25 Security Act of 2002 (6 U.S.C. 193) is amended—
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1 (1) in paragraphs (1) and (4) of subsection (b), 

2 by inserting ‘‘tribal,’’ after ‘‘State,’’ each place it ap3 pears; and

4 (2) in subsection (c)(1), by inserting ‘‘, tribal,’’ 

5 after ‘‘State’’. 

6 SEC. 7. DIRECTORATE OF BORDER AND TRANSPORTATION 

7 SECURITY. 

8 (a) OFFICE FOR DOMESTIC PREPAREDNESS.—Sec9 tion 430(c)(5) of the Homeland Security Act of 2002 (6 

10 U.S.C. 238(c)(5)) is amended by inserting ‘‘, tribal,’’ after 

11 ‘‘State’’. 

12 (b) REPORT ON IMPROVING ENFORCEMENT FUNC13 TIONS.—Section 445(b) of the Homeland Security Act of 

14 2002 (6 U.S.C. 255(b)) is amended by inserting ‘‘, tribal,’’ 

15 after ‘‘State’’. 

16 SEC. 8. EMERGENCY PREPAREDNESS AND RESPONSE. 

17 (a) RESPONSIBILITIES.—Section 502(5) of the 

18 Homeland Security Act of 2002 (6 U.S.C. 312(5)) is 

19 amended by inserting ‘‘tribal,’’ after ‘‘State’’. 

20 (b) CONDUCT OF CERTAIN PUBLIC HEALTH21 RELATED ACTIVITIES.—Section 505(a) of the Homeland 

22 Security Act of 2002 (6 U.S.C. 315(a)) is amended—

23 (1) by inserting ‘‘tribal,’’ after ‘‘State,’’; and 

24 (2) by inserting ‘‘and the Indian Health Serv25 ice’’ after ‘‘Public Health Service’’.
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1 SEC. 9. TREATMENT OF CHARITABLE TRUSTS FOR MEM2 BERS OF THE ARMED FORCES OF THE 

3 UNITED STATES AND OTHER GOVERN4 MENTAL ORGANIZATIONS. 

5 Section 601(c)(9)(B) of the Homeland Security Act 

6 of 2002 (6 U.S.C. 331(c)(9)(B)) is amended by inserting 

7 ‘‘tribal,’’ after ‘‘State,’’. 

8 SEC. 10. COORDINATION WITH NON-FEDERAL ENTITIES; IN9 SPECTOR GENERAL; UNITED STATES SECRET 

10 SERVICE; COAST GUARD; GENERAL PROVI11 SIONS. 

12 (a) OFFICE FOR STATE AND LOCAL GOVERNMENT

13 COORDINATION.—Section 801 of the Homeland Security 

14 Act of 2002 (6 U.S.C. 361) is amended—

15 (1) in the section heading, by inserting

16 ‘‘, TRIBAL,’’ after ‘‘STATE’’; 

17 (2) in subsection (a)—

18 (A) by inserting ‘‘, Tribal,’’ after ‘‘State’’; 

19 and 

20 (B) by inserting ‘‘, tribal,’’ after ‘‘State’’; 

21 and 

22 (3) in subsection (b), by inserting ‘‘, tribal,’’ 

23 after ‘‘State’’ each place it appears. 

24 (b) LITIGATION MANAGEMENT.—Section 863(a)(1) 

25 of the Homeland Security Act of 2002 (6 U.S.C. 

26 442(a)(1)) is amended in the second sentence by inserting 
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1 ‘‘, or area under the jurisdiction of an Indian tribe,’’ after 

2 ‘‘State’’. 

3 (c) DEFINITIONS FOR SUPPORT ANTI-TERRORISM BY

4 FOSTERING EFFECTIVE TECHNOLOGIES ACT.—Section 

5 865(6) of the Homeland Security Act of 2002 (6 U.S.C. 

6 444(6)) is amended by inserting ‘‘, tribal,’’ after ‘‘State’’. 

7 (d) REGULATORY AUTHORITY AND PREEMPTION.—

8 Section 877(b) of the Homeland Security Act of 2002 (6 

9 U.S.C. 457(b)) is amended—

10 (1) in the subsection heading, by inserting ‘‘, 

11 TRIBAL,’’ after ‘‘STATE’’; and 

12 (2) by inserting ‘‘, tribal,’’ after ‘‘State’’ each 

13 place it appears. 

14 (e) INFORMATION SHARING.—Section 891 of the 

15 Homeland Security Act of 2002 (6 U.S.C. 481) is amend16 ed—

17 (1) in subsection (b)—

18 (A) in paragraphs (2), (4), (5), (7), (8), 

19 and (9), by inserting ‘‘, tribal,’’ after ‘‘State’’ 

20 each place it appears; 

21 (B) in paragraph (6)—

22 (i) by inserting ‘‘, tribal,’’ after ‘‘cer23 tain State’’; and 

24 (ii) by inserting ‘‘tribal,’’ after 

25 ‘‘State,’’; and 
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1 (C) in paragraphs (10) and (11), by insert2 ing ‘‘tribal,’’ after ‘‘State,’’ each place it ap3 pears; and 

4 (2) in subsection (c), by inserting ‘‘tribal,’’ after 

5 ‘‘State,’’. 

6 (f) FACILITATING HOMELAND SECURITY INFORMA7 TION SHARING PROCEDURES.—Section 892 of the Home8 land Security Act of 2002 (6 U.S.C. 482) is amended—

9 (1) in subsection (a)(1)(A), by inserting ‘‘, trib10 al,’’ after ‘‘State’’; 

11 (2) in paragraphs (1), (2)(D), and (6) of sub12 section (b), by inserting ‘‘, tribal,’’ after ‘‘State’’ 

13 each place it appears; 

14 (3) in subsection (c), by inserting ‘‘, tribal,’’ 

15 after ‘‘State’’ each place it appears; 

16 (4) in subsection (e), by inserting ‘‘, tribal,’’ 

17 after ‘‘State’’ each place it appears; 

18 (5) in subsection (f)—

19 (A) in paragraph (1), by inserting ‘‘tribal,’’ 

20 after ‘‘State,’’; and 

21 (B) in paragraph (3)—

22 (i) in the matter preceding subpara23 graph (A), by inserting ‘‘, tribal,’’ after 

24 ‘‘State’’; 
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1 (ii) in subparagraph (A), by inserting 

2 ‘‘tribally or’’ after ‘‘other’’; 

3 (iii) in subparagraph (B), by inserting 

4 ‘‘, tribal,’’ after ‘‘State’’; and 

5 (iv) in subparagraph (D), by inserting 

6 ‘‘tribal,’’ after ‘‘State,’’; and 

7 (6) in subsection (g), by inserting ‘‘, tribal,’’ 

8 after ‘‘State’’. 

9 (g) REPORT.—Section 893(a) of the Homeland Secu10 rity Act of 2002 (6 U.S.C. 483(a)) is amended in the sec11 ond sentence by inserting ‘‘tribal,’’ after ‘‘State,’’. 

12 SEC. 11. DEPARTMENT OF JUSTICE DIVISIONS. 

13 Section 1114(b) of the Homeland Security Act of 

14 2002 (6 U.S.C. 532(b)) is amended by inserting ‘‘tribal,’’ 

15 after ‘‘State,’’.

16 SEC. 12. AMENDMENTS TO OTHER LAWS. 

17 (a) CYBER SECURITY ENHANCEMENT ACT OF

18 2002.—

19 (1) EMERGENCY DISCLOSURE EXCEPTION.—

20 Section 2702(b)(7) of title 18, United States Code 

21 (as added by section 225(d) of the Homeland Secu22 rity Act of 2002 (Public Law 107–296; 116 Stat. 

23 2157)), is amended by inserting ‘‘tribal,’’ after 

24 ‘‘State,’’.
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1 (2) PROTECTING PRIVACY—Section 2701(b)(1) 

2 of title 18, United States Code (as amended by sec3 tion 225(j)(2)(A) of the Homeland Security Act of 

4 2002 (Public Law 107–296; 116 Stat. 2158)), is 

5 amended by inserting ‘‘or Indian tribe’’ after ‘‘or 

6 any State’’. 

7 (b) NATIONAL INSTITUTE OF JUSTICE.—Section 

8 202(c)(11) of the Omnibus Crime Control and Safe 

9 Streets Act of 1968 (42 U.S.C. 3722(c)(11)) (as added 

10 by section 237(2) of the Homeland Security Act of 2002 

11 (Public Law 107–296; 116 Stat. 2162)) is amended by 

12 inserting ‘‘tribal,’’ after ‘‘State,’’. 

13 (c) HOMELAND SECURITY FUNDING ANALYSIS IN

14 PRESIDENT’S BUDGET.—Section 1105(a)(33)(A)(iii) of 

15 title 31, United States Code (as added by section 889(a) 

16 of the Homeland Security Act of 2002 (Public Law 107–

17 296; 116 Stat. 2250) is amended by inserting ‘‘, tribal,’’ 

18 after ‘‘State’’. 

19 (d) AUTHORITY TO SHARE GRAND JURY INFORMA20 TION.—Rule 6(e)(3)(C) of the Federal Rules of Criminal 

21 Procedure (as amended by section 895(2) of the Home22 land Security Act of 2002 (Public Law 107–296; 116 

23 Stat. 2256)) is amended—

24 (1) in clause (i)(VI), by striking ‘‘federal, 

25 state,’’ and inserting ‘‘Federal, State, tribal,’’; and
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1 (2) in the last sentence of clause (iii), by strik2 ing ‘‘state,’’ and inserting ‘‘State, tribal,’’. 

3 (e) AUTHORITY TO SHARE ELECTRONIC, WIRE, AND

4 ORAL INTERCEPTION INFORMATION.—Section 2517(8) of 

5 title 18, United States Code (as added by section 896 of 

6 the Homeland Security Act of 2002 (Public Law 107–296; 

7 116 Stat. 2257)), is amended by inserting ‘‘tribal,’’ after 

8 ‘‘State,’’ each place it appears. 

9 (f) FOREIGN INTELLIGENCE INFORMATION.—Section 

10 203(d)(1) of the Uniting and Strengthening America by 

11 Providing Appropriate Tools Required to Intercept and 

12 Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 

13 (50 U.S.C. 403–5d) (as amended by section 897(a) of the 

14 Homeland Security Act of 2002 (Public Law 107–296; 

15 116 Stat. 2257)) is amended by inserting ‘‘tribal,’’ after 

16 ‘‘State,’’ each place it appears. 

17 (g) FOREIGN INTELLIGENCE SURVEILLANCE.—

18 (1) INFORMATION ACQUIRED FROM AN ELEC19 TRONIC SURVEILLANCE.—Section 106(k)(1) of the 

20 Foreign Intelligence Surveillance Act of 1978 (50 

21 U.S.C. 1806) (as amended by section 898 of the 

22 Homeland Security Act of 2002 (Public Law 107–

23 296; 116 Stat. 2258)) is amended by inserting ‘‘or 

24 Indian tribe’’ after ‘‘subdivision)’’. 
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1 (2) INFORMATION ACQUIRED FROM A PHYSICAL

2 SEARCH.—Section 305(k)(1) of the Foreign Intel3 ligence Surveillance Act of 1978 (50 U.S.C. 1825) 

4 (as amended by section 899 of the Homeland Secu5 rity Act of 2002 (Public Law 107–296; 116 Stat. 

6 2258)) is amended by inserting ‘‘or Indian tribe’’ 

7 after ‘‘subdivision)’’. 

8 (h) TRANSFER OF CERTAIN SECURITY AND LAW EN9 FORCEMENT FUNCTIONS AND AUTHORITIES.—Section 

10 1315 of title 40, United States Code (as amended by sec11 tion 1706(b)(1) of the Homeland Security Act of 2002 

12 (Public Law 107–296; 116 Stat. 2316)), is amended—

13 (1) in subsection (d)(3), by inserting ‘‘tribal,’’ 

14 after ‘‘State,’’; and 

15 (2) in subsection (e), by inserting ‘‘, tribal,’’ 

16 after ‘‘State’’ each place it appears. 

17 SEC. 13. CONGRESSIONAL AFFIRMATION AND DECLARA18 TION OF TRIBAL GOVERNMENT AUTHORI19 TIES. 

20 (a) IN GENERAL.—For the purpose of this Act, Con21 gress affirms and declares that the inherent sovereign au22 thority of an Indian tribal government includes the au23 thority to enforce and adjudicate violations of applicable 

24 criminal, civil, and regulatory laws committed by any per-
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1 son on land under the jurisdiction of the Indian tribal gov2 ernment, except as expressly and clearly limited by—

3 (1) a treaty between the United States and an 

4 Indian tribe; or 

5 (2) an Act of Congress. 

6 (b) SCOPE.—The authority of an Indian tribal gov7 ernment described in subsection (a) shall—

8 (1) be concurrent with the authority of the 

9 United States; and 

10 (2) extend to—

11 (A) all places and persons within the In12 dian country (as defined in section 1151 of title 

13 18, United States Code) under the concurrent 

14 jurisdiction of the United States and the Indian 

15 tribal government; and 

16 (B) any person, activity, or event having 

17 sufficient contacts with that land, or with a 

18 member of the Indian tribal government, to en19 sure protection of due process rights.

Æ