II 

Calendar No. 159 

109TH CONGRESS 

1ST SESSION S. 1374 

To amend the Homeland Security Act of 2002 to provide for a border 

preparedness pilot program on Indian land. 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2005 

Mr. MCCAIN (for himself, Mr. DORGAN, and Mr. KYL) introduced the 

following bill; which was read the first time 

JULY 12, 2005 

Read the second time and placed on the calendar 

A BILL

To amend the Homeland Security Act of 2002 to provide 

for a border preparedness pilot program on Indian land.

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

3 SECTION 1. BORDER PREPAREDNESS ON INDIAN LAND. 

4 Subtitle D of title IV of the Homeland Security Act 

5 of 2002 (6 U.S.C. 251 et seq.) is amended by adding at 

6 the end the following: 
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1 ‘‘SEC. 447. BORDER PREPAREDNESS PILOT PROGRAM ON 

2 INDIAN LAND. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) INDIAN LAND.—The term ‘Indian land’ 

5 means— 

6 ‘‘(A) all land within the boundaries of any 

7 Indian reservation; and 

8 ‘‘(B) any land the title to which is— 

9 ‘‘(i) held in trust by the United States 

10 for the benefit of an Indian tribe or indi11 vidual; or 

12 ‘‘(ii) held by any Indian tribe or indi13 vidual— 

14 ‘‘(I) subject to a restriction by 

15 the United States against alienation; 

16 and 

17 ‘‘(II) over which an Indian tribe 

18 exercises governmental authority. 

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

20 means any Indian tribe, band, nation, or other orga21 nized group or community that is recognized by the 

22 Secretary as— 

23 ‘‘(A) eligible for the special programs and 

24 services provided by the United States to Indi25 ans because of their status as Indians; and 

26 ‘‘(B) possessing powers of self-government. 
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1 ‘‘(3) TRIBAL GOVERNMENT.—The term ‘tribal 

2 government’ means the governing body of an Indian 

3 tribe. 

4 ‘‘(b) PURPOSE.—The purpose of this section is to re5 quire the Secretary, acting through the Office of Domestic 

6 Preparedness, to establish a pilot program for not fewer 

7 than 6 tribal governments on Indian land located on or 

8 near the border of the United States with Canada or Mex9 ico in order to— 

10 ‘‘(1) facilitate the coordination of the response 

11 of an Indian tribe to a threat to the security of an 

12 international border of the United States with the 

13 responses of Federal, State, and local governments; 

14 ‘‘(2) enhance the capability of an Indian tribe 

15 as a first responder to an illegal crossing of an im16 migrant over an international border of the United 

17 States; 

18 ‘‘(3) provide training and technical assistance 

19 to Indian tribes in the use by the tribes of effective 

20 surveillance technologies, integrated communication 

21 systems and equipment, and personnel training; and 

22 ‘‘(4) provide technical advice and assistance to 

23 Indian tribes to plan and implement strategies to de24 tect and prevent— 
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1 ‘‘(A) any illegal entry by a person into the 

2 land of the tribes; and 

3 ‘‘(B) the transportation of any illegal sub4 stance within or near the boundaries of the land 

5 of the tribes. 

6 ‘‘(c) PILOT PROGRAM.— 

7 ‘‘(1) IN GENERAL.—Not later than 180 days 

8 after the date of enactment of this section, the Sec9 retary, acting through the Office of Domestic Pre10 paredness, shall establish a pilot program under 

11 which the Secretary provides direct grants to eligible 

12 tribal governments, as determined by the Secretary, 

13 to achieve the purposes of this section. 

14 ‘‘(2) USE OF FUNDS AND ASSISTANCE.— 

15 ‘‘(A) IN GENERAL.—A tribal government 

16 shall use any funds or assistance provided 

17 under paragraph (1) consistent with the pur18 poses of this section. 

19 ‘‘(B) ADMINISTRATION BY TRIBAL GOV20 ERNMENTS.—A tribal government that receives 

21 any funds or assistance under paragraph (1) 

22 shall administer the funds or assistance in ac23 cordance with any requirement or regulation 

24 promulgated by the Secretary. 
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1 ‘‘(3) SELECTION CRITERIA.—In selecting a trib2 al government to receive funds or assistance under 

3 paragraph (1), the Secretary may take into consider4 ation— 

5 ‘‘(A) the distance between the Indian land 

6 in the jurisdiction of the tribal government and 

7 an international border of the United States; 

8 ‘‘(B) the extent to which the resources of 

9 the Indian tribe are affected by— 

10 ‘‘(i) a border enforcement effort; or 

11 ‘‘(ii) the threat of illegal immigration; 

12 and 

13 ‘‘(C) the interests of the Indian tribe. 

14 ‘‘(d) REPORTS.— 

15 ‘‘(1) TRIBAL GOVERNMENTS.— 

16 ‘‘(A) IN GENERAL.—Not later than 1 year 

17 after receiving funds or assistance under sub18 section (c) and annually thereafter, a tribal gov19 ernment shall submit to the Secretary a report 

20 in such a manner and containing such informa21 tion as the Secretary may require. 

22 ‘‘(B) INCLUSION.—A report under sub23 paragraph (A) shall include a description of— 
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1 ‘‘(i) any funds or assistance received 

2 by the tribal government under this sec3 tion; 

4 ‘‘(ii) the use of the funds or assistance 

5 by the tribal government; 

6 ‘‘(iii) any obstacle encountered by the 

7 tribal government in administering the 

8 funds or assistance; and 

9 ‘‘(iv) any accomplishment made or ob10 stacle encountered by the tribal govern11 ment in developing a cooperative effort 

12 with another Indian tribe, the Federal 

13 Government, or a State or local govern14 ment, and the effect of the accomplishment 

15 or obstacle on the tribe. 

16 ‘‘(2) SECRETARY.—Not later than 2 years after 

17 the date of enactment of this Act, the Secretary 

18 shall submit to Congress a report describing— 

19 ‘‘(A) the information contained in the re20 ports under paragraph (1); 

21 ‘‘(B) the degree of success of— 

22 ‘‘(i) the Secretary in implementing the 

23 pilot program; and 
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1 ‘‘(ii) each project under the pilot pro2 gram under subsection (c) in achieving the 

3 goals of the pilot program; and 

4 ‘‘(C) any recommendation, including a leg5 islative recommendation, of the Secretary relat6 ing to the pilot program. 

7 ‘‘(e) EFFECT OF SECTION.—Nothing in this section 

8 affects— 

9 ‘‘(1) the authority of the Commissioner of the 

10 Bureau of Customs and Border Protection; or 

11 ‘‘(2) any authority of an Indian tribe, tribal or12 ganization, or tribal government participating in a 

13 program under this section. 

14 ‘‘(f) EFFECT OF FUND ALLOCATION.—Any funds al15 located under this section shall be in addition to, and not 

16 in lieu of, any funds available to an Indian tribe, tribal 

17 organization, or tribal government under this Act. 

18 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

19 is authorized to be appropriated to carry out this section 

20 $3,500,000 for each of fiscal years 2006 through 2008.’’. 
Calendar No. 159 

109TH CONGRESS 

1ST SESSION S. 1374 

A BILL

To amend the Homeland Security Act of 2002 to 

on Indian land. provide for a border preparedness pilot program 

JULY 12, 2005 

Read the second time and placed on the calendar