I 

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. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.— This Act may be cited as the 

5 ‘‘Tribal Government Homeland Security Coordination and 

6 Integration Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purposes. 

Sec. 3. Definitions. 

Sec. 4. Office of tribal government homeland security. 

Sec. 5. Report to congress. 

Sec. 6. Authorization of appropriations. 

3 SEC. 2. FINDINGS AND PURPOSES. 

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

5 (1) Since the terrorist attacks of September 11, 

6 2001, and the subsequent introduction of weapons 

7 grade anthrax into the United States Postal System 

8 and Congressional office buildings in Washington, 

9 D.C., the President and the Congress have worked 

10 closely to respond to the need to rebuild and 

11 strengthen the nation’s public health, national secu12 rity, and emergency response systems. 

13 (2) Based on Article I, section 8 of the United 

14 States Constitution, treaties, Federal statutes, and 

15 court decisions, the United States has a unique his16 torical and legal relationship with American Indian 

17 and Alaska Native people, which serves as the basis 

18 for the Federal Government’s trust responsibility 

19 and obligations. There are currently 558 federally20 recognized Indian tribes in the United States, with 

21 some 40 percent of Indian tribes located in the State 


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1 of Alaska. Indian tribes have principle responsibility 

2 for lands and people within their jurisdiction. 

3 (3) Despite the government-to-government rela4 tionship between Indian tribes and the United 

5 States, the United States has failed to include and 

6 consult with Indian tribes with regard to homeland 

7 security prevention, protection, and response activi8 ties planning. Moreover, there are no specific provi9 sions for the Bureau of Indian Affairs or the Indian 

10 Health Service to participate in homeland security 

11 programs and funding. 

12 (4) Throughout many areas of the United 

13 States, facilities operated, and services, activities 

14 and government functions carried out, by Indian 

15 tribes, the Bureau of Indian Affairs and the Indian 

16 Health Service are the only sources available to pro17 vide emergency health services, disaster response, 

18 and law enforcement to the tribal and non-tribal 

19 community, thus serving the role as ‘‘first respond20 ers’’ in the event of a terrorist attack. 

21 (5) To provide for the public health and safety 

22 on tribal lands and in the surrounding communities, 

23 it is imperative to establish tribal participation in 

24 homeland security initiatives. Indian tribes must be 

25 included in the national strategy for homeland secuVerDate Aug 31 2005 23:49 Mar 04, 2006 Jkt 049196 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4871.IH H4871

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1 rity and receive an appropriate share of related 

2 funding. 

3 (6) The treatment of Indian tribes as State 

4 governments, as appropriate, for developing funding 

5 methodologies, planning, consultation, coordination, 

6 and for eligibility for grant monies will ensure In7 dian tribes are adequately prepared to respond to 

8 Homeland Security threats. 

9 (7) Indian tribes shall be treated as State, as 

10 appropriate, for purposes of planning, consultation, 

11 coordination, eligibility for grant monies and other 

12 purposes to improve the United States capacity to 

13 prepare, prevent and respond to terrorist activities. 

14 (b) PURPOSES.—The purposes of this Act are as fol15 lows: 

16 (1) To establish within the Department of 

17 Homeland Security an office known as the Office of 

18 Tribal Government Homeland Security. 

19 (2) To authorize the Secretary of Homeland Se20 curity to appoint, in consultation with Indian tribes, 

21 a Director of Tribal Government Homeland Secu22 rity. 

23 (3) To provide for more effective management 

24 of, and accountability for the proper discharge of, 

25 the Secretary’s trust responsibility to Indian tribes 


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1 and individual American Indians and Alaska Natives 

2 by establishing in the Department of Homeland Se3 curity an Office of Tribal Government Homeland Se4 curity. 

5 (4) To integrate and coordinate the efforts of 

6 the Department of Homeland Security and Indian 

7 tribes to prepare for, prevent, protect against, re8 spond to, and recover from terrorist attacks. 

9 (5) To provide strategic integration of the 

10 Homeland Security activities of Indian tribes that 

11 will complement the operational consolidation of the 

12 various directorates within the Department. 

13 (6) To supplement the capacity of the Indian 

14 Health Service and the Bureau of Indian Affairs to 

15 respond to the homeland security needs of American 

16 Indians and Alaska Natives, without jeopardizing 

17 the nonsecurity missions of the Indian Health Serv18 ice and the Bureau of Indian Affairs. 

19 (7) To serve as an information clearinghouse 

20 and to enhance the integration and coordination of 

21 Indian tribes and in the activities of the Department 

22 of Homeland Security. 

23 (8) To establish an organizational framework 

24 within the Department of Homeland Security 

25 through which the Federal Government, Indian 


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1 tribes, and State and local governments can work ef2 fectively and collaboratively on public health and 

3 safety, terrorism detection, prevention, response, and 

4 protection of critical infrastructure. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

7 (1) DIRECTOR.—The term ‘‘Director’’ means 

8 the Director of the Office of Tribal Government 

9 Homeland Security. 

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

11 has the meaning given that term in section 4(e) of 

12 the Indian Self-Determination and Education Assist13 ance Act (25 U.S.C. 450b(e)). 

14 (3) OFFICE.—The term ‘‘Office’’ means the Of15 fice of Tribal Government Homeland Security estab16 lished in section 4. 

17 (4) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Homeland Security. 

19 SEC. 4. OFFICE OF TRIBAL GOVERNMENT HOMELAND SE20 CURITY. 

21 (a) IN GENERAL.— 

22 (1) ESTABLISHMENT.—There is hereby estab23 lished within the Department of Homeland Security 

24 an office to be known as the ‘‘Office of Tribal Gov25 ernment Homeland Security’’. 


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1 (2) DIRECTOR.—The Office shall be headed by 

2 a Director, appointed by the Secretary in consulta3 tion with Indian tribes, whose title shall be the Di4 rector of Tribal Government Homeland Security. 

5 The Director shall be equal in pay and authority of 

6 an Assistant Secretary. 

7 (b) DUTIES OF SECRETARY; DIRECTOR.— 

8 (1) DUTIES OF THE SECRETARY.—The Sec9 retary shall— 

10 (A) ensure the coordination of Federal pro11 grams that provide assistance (including finan12 cial and technical assistance) to eligible Indian 

13 tribes and provide those governments with 

14 treatment as State governments, as appro15 priate, for planning, consultation, and coordina16 tion and for eligibility for Federal grant monies 

17 and funds to improve capacity and help pre18 pare, prevent, and respond to terrorist activi19 ties, and for other related purposes in and near 

20 tribal communities; 

21 (B) ensure Indian tribes are included in 

22 the coordination activities of the Homeland Se23 curity Department’s Border and Transportation 

24 functions in the same manner as State and 

25 local law enforcement entities; 


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1 (C) ensure Indian tribes with jurisdiction 

2 over lands adjacent to the Canadian and Mexi3 can borders are adequately prepared to help 

4 protect United States borders, territorial wa5 ters, waterways, and other transportation sys6 tems; 

7 (D) ensure the broad spectrum of infra8 structure throughout Indian Country, including 

9 nuclear and electrical power plants, water and 

10 sanitation facilities, agricultural, food proc11 essing, oil, timber, and other natural resources 

12 is adequately protected against terrorist 

13 threats; 

14 (E) ensure that Indian tribes are properly 

15 equipped to prepare for, prevent, and respond 

16 to terrorist activities in the same manner as 

17 State and local governments; 

18 (F) provide Indian tribes the necessary 

19 equipment for detection, protection, and decon20 tamination in emergencies involving weapons of 

21 mass destruction; 

22 (G) provide Indian tribes with emergency 

23 preparedness training and exercise programs 

24 and further assistance for any emergency, in25 cluding natural disasters or disease; 


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1 (H) include Indian tribes in all facets of 

2 research, development, resource assessment, 

3 and risk analysis in the same manner as State 

4 and local governments; and 

5 (I) include Indian tribes, as appropriate, in 

6 the coordination of the Homeland Security De7 partment’s Immigration and Nationality func8 tions in the same manner as State and local law 

9 enforcement entities. 

10 (2) DUTIES OF THE DIRECTOR.—The Director 

11 shall— 

12 (A) coordinate homeland security activities 

13 among Indian tribes and related Federal agen14 cies, including integration and coordination of 

15 the efforts of the Department of Homeland Se16 curity and Indian tribes to prepare for, prevent, 

17 protect against, respond to, and recover from 

18 terrorist attacks; 

19 (B) provide strategic integration to com20 plement the operational consolidation of the 

21 various directorates within the Department of 

22 Homeland Security, with respect to Indian 

23 tribes; 

24 (C) ensure that Indian tribes are included 

25 in the gathering and analysis of terrorist 


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1 threats and other information in the same man2 ner as Federal, State, and local law enforce3 ment entities; 

4 (D) serve as the Secretary’s key point of 

5 contact for Indian tribes in need of assistance 

6 and information homeland security grants for 

7 purposes of planning, consultation, coordina8 tion, eligibility for grant monies and other pur9 poses to improve the United States capacity to 

10 prepare, prevent and respond to terrorist activi11 ties and to work with Indian tribes and execu12 tive agencies in promoting homeland security; 

13 (E) serve as the coordinating center in14 tended to facilitate communication between and 

15 integration with Indian tribes and other Fed16 eral departments that have homeland security 

17 responsibilities, including but not limited to 

18 health surveillance, emergency preparation and 

19 response, border security, critical infrastructure 

20 protection, technology, and communication; 

21 (F) establish a network through which the 

22 Federal Government, Indian tribes, and State 

23 and local governments work collaboratively on 

24 public health and safety, terrorism detection, 


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1 prevention, response, and protection of critical 

2 infrastructure targets; and 

3 (G) establish a mechanism for the distribu4 tion of warnings and information to tribal com5 munities. 

6 (c) TREATMENT OF INDIAN TRIBES AS STATES.— 

7 (1) IN GENERAL.—The Secretary shall— 

8 (A) treat Indian tribes as States, as appro9 priate, for the purpose of homeland security 

10 consultation, planning, coordination, bioter11 rorism preparedness, prevention, and response, 

12 emergency preparedness and response, border 

13 and transportation security, and for other pur14 poses related to protecting the homeland; 

15 (B) include Indian tribes in funding meth16 odologies for purposes of allocating any finan17 cial resources; and 

18 (C) support and facilitate the capacity nec19 essary for the Indian Health Service and Bu20 reau of Indian Affairs to respond to the home21 land security needs of American Indians and 

22 Alaska Natives, without jeopardizing their non23 security missions. 

24 (2) DISCRETIONARY AUTHORITY.—The Sec25 retary may delegate to such Indian tribes primary 


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1 responsibility for homeland security activities within 

2 its respective jurisdiction. 

3 (d) INFORMATION SHARING.—The Secretary shall 

4 provide assistance to enhance information technology ca5 pabilities of Indian tribes and ensure— 

6 (1) the active participation of Indian tribes in 

7 the coordination with Federal, State, and local gov8 ernments and the private sector as related to Home9 land Security activities; and 

10 (2) provide Indian tribes access to the same 

11 type of information being exchanged between Fed12 eral, State, and local authorities for the purpose of 

13 providing government personnel, agencies, and au14 thorities, with appropriate intelligence information, 

15 including warnings, regarding threats posed by ter16 rorism in a timely and secure manner. 

17 (e) FEDERAL GRANTS.— 

18 (1) GENERAL ELIGIBILITY.—Indian tribes shall 

19 be eligible to apply for, receive, direct, and supervise 

20 any homeland security-related Federal grant pro21 grams. 

22 (2) AUTHORITY TO AWARD GRANTS.—The Sec23 retary may award grants to Indian tribes for the fol24 lowing purposes: 


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1 (A) Planning, consultation, and coordina2 tion to improve infrastructure, to prevent ter3 rorist activities. 

4 (B) Training and education of employees 

5 responsible for public health, safety and emer6 gency response activities. 

7 (C) Addressing communication gaps and 

8 infrastructure needs related to homeland secu9 rity. 

10 (D) Increasing the capacity of Indian 

11 tribes to help prepare, prevent, and respond to 

12 terrorist activities and other public health and 

13 safety emergencies. 

14 (E) Development of a comprehensive plan 

15 to help prepare, prevent, and respond to ter16 rorist activities and other public health and 

17 safety emergencies. 

18 (F) Implementation of plans to help pre19 pare, prevent, and respond to terrorist activities 

20 and other public health and safety emergencies. 

21 (G) The preparation of reports assessing 

22 the emergency preparedness of Indian tribes, 

23 including an assessment of Indian tribes’ co24 ordination with the Department. 


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1 (H) Such other purposes related to the 

2 purposes of this Act the Secretary considers ap3 propriate. 

4 (f) TECHNICAL ASSISTANCE.—The Secretary shall— 

5 (1) directly or by contract, provide Indian tribes 

6 with technical assistance in developing, imple7 menting and managing emergency response plans. 

8 (2) Ensure that legal, financial, and other ex9 pertise of the Department of Homeland Security is 

10 made fully available in an advisory capacity to In11 dian tribes to assist in the development, implementa12 tion, and management of emergency response plans. 

13 (3) Provide Department of Homeland Security 

14 programs designed to provide legal, accounting, fi15 nancial, or technical assistance to eligible Indian 

16 tribes. 

17 (4) Facilitate cooperation with the heads of ap18 propriate Federal agencies working on Homeland 

19 Security initiatives. 

20 (5) Any other activity that the Secretary, in 

21 consultation with the Director, considers appropriate 

22 to carry out this section. 

23 (g) ASSESSMENT.—Not later than 6 months after the 

24 date of the enactment of this Act, the Secretary shall sub25 mit an assessment report detailing the baseline readiness 


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1 of Indian tribes to the Committee on Indian Affairs of 

2 the Senate and the Committee on Resources of the House 

3 of Representatives. In addition to an assessment of base4 line readiness, the report shall contain any legislative rec5 ommendations necessary to improve coordination and inte6 gration of Indian tribes in the National Homeland Secu7 rity Strategy. 

8 (h) REPORTING.—The Secretary shall determine the 

9 effectiveness of the Office through the preparation of re10 ports assessing the emergency preparedness of Indian 

11 tribes, including an assessment of Indian tribes’ coordina12 tion with the Department of Homeland Security. 

13 (i) PROHIBITION.—The Secretary may not provide 

14 assistance under this section for any activity related to 

15 the operation of a gaming activity on Indian lands pursu16 ant to the Indian Gaming Regulatory Act (25 U.S.C. 2701 

17 et seq.). 

18 SEC. 5. REPORT TO CONGRESS. 

19 (a) IN GENERAL.—Not later than 1 year after the 

20 date of the enactment of this Act, and annually thereafter, 

21 the Secretary, in consultation with the Director, shall pre22 pare and submit to the Committee on Indian Affairs of 

23 the Senate and the Committee on Resources of the House 

24 of Representatives a report on the operation of the Office. 


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1 (b) CONTENTS OF REPORT.—Each report prepared 

2 under subsection (a) shall include— 

3 (1) for the period covered by the report, a sum4 mary of the activities conducted by the Secretary, in 

5 carrying out subsections (b) through (h) of section 

6 4; and 

7 (2) any recommendations for legislation that 

8 the Secretary, in consultation with the Director, de9 termines to be necessary to carry out such sections. 

10 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated such sums 

12 are necessary to carry out this Act, to remain available 

13 until expended. 

Æ 


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