I 

110TH CONGRESS 

2D SESSION H. R. 5530 

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 4, 2008 

Mr. PALLONE (for himself, Mr. FILNER, Mr. HONDA, and Mr. GRIJALVA) introduced the following bill; which was referred to the Committee on Natural 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, 

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Tribal Government Homeland Security Coordination and 

4 Integration Act’’. 

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

6 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. 

7 SEC. 2. FINDINGS AND PURPOSES. 

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

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

10 2001, and the subsequent introduction of weapons 

11 grade anthrax into the United States Postal System 

12 and Congressional office buildings in Washington, 

13 DC, the President and the Congress have worked 

14 closely to respond to the need to rebuild and 

15 strengthen the Nation’s public health, national secu16 rity, and emergency response systems. 

17 (2) Based on article I, section 8 of the United 

18 States Constitution, treaties, Federal statutes, and 

19 court decisions, the United States has a unique his20 torical and legal relationship with American Indian 

21 and Alaska Native people, which serves as the basis 

22 for the Federal Government’s trust responsibility 

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1 and obligations. There are currently 558 federally2 recognized Indian tribes in the United States, with 

3 some 40 percent of Indian tribes located in the State 

4 of Alaska. Indian tribes have principle responsibility 

5 for lands and people within their jurisdiction. 

6 (3) Despite the government-to-government rela7 tionship between Indian tribes and the United 

8 States, the United States has failed to include and 

9 consult with Indian tribes with regard to homeland 

10 security prevention, protection, and response activi11 ties planning. Moreover, there are no specific provi12 sions for the Bureau of Indian Affairs or the Indian 

13 Health Service to participate in homeland security 

14 programs and funding. 

15 (4) Throughout many areas of the United 

16 States, facilities operated, and services, activities 

17 and government functions carried out, by Indian 

18 tribes, the Bureau of Indian Affairs and the Indian 

19 Health Service are the only sources available to pro20 vide emergency health services, disaster response, 

21 and law enforcement to the tribal and non-tribal 

22 community, thus serving the role as ‘‘first respond23 ers’’ in the event of a terrorist attack. 

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

25 on tribal lands and in the surrounding communities, 

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1 it is imperative to establish tribal participation in 

2 homeland security initiatives. Indian tribes must be 

3 included in the national strategy for homeland secu4 rity and receive an appropriate share of related 

5 funding. 

6 (6) The treatment of Indian tribes as State 

7 governments, as appropriate, for developing funding 

8 methodologies, planning, consultation, coordination, 

9 and for eligibility for grant monies will ensure In10 dian tribes are adequately prepared to respond to 

11 Homeland Security threats. 

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

13 appropriate, for purposes of planning, consultation, 

14 coordination, eligibility for grant monies and other 

15 purposes to improve the United States capacity to 

16 prepare, prevent and respond to terrorist activities. 

17 (b) PURPOSES.—The purposes of this Act are as fol18 lows: 

19 (1) To establish within the Department of 

20 Homeland Security an office known as the Office of 

21 Tribal Government Homeland Security. 

22 (2) To authorize the Secretary of Homeland Se23 curity to appoint, in consultation with Indian tribes, 

24 a Director of Tribal Government Homeland Secu25 rity. 

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1 (3) To provide for more effective management 

2 of, and accountability for the proper discharge of, 

3 the Secretary’s trust responsibility to Indian tribes 

4 and individual American Indians and Alaska Natives 

5 by establishing in the Department of Homeland Se6 curity an Office of Tribal Government Homeland Se7 curity. 

8 (4) To integrate and coordinate the efforts of 

9 the Department of Homeland Security and Indian 

10 tribes to prepare for, prevent, protect against, re11 spond to, and recover from terrorist attacks. 

12 (5) To provide strategic integration of the 

13 Homeland Security activities of Indian tribes that 

14 will complement the operational consolidation of the 

15 various directorates within the Department. 

16 (6) To supplement the capacity of the Indian 

17 Health Service and the Bureau of Indian Affairs to 

18 respond to the homeland security needs of American 

19 Indians and Alaska Natives, without jeopardizing 

20 the nonsecurity missions of the Indian Health Serv21 ice and the Bureau of Indian Affairs. 

22 (7) To serve as an information clearinghouse 

23 and to enhance the integration and coordination of 

24 Indian tribes and in the activities of the Department 

25 of Homeland Security. 

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1 (8) To establish an organizational framework 

2 within the Department of Homeland Security 

3 through which the Federal Government, Indian 

4 tribes, and State and local governments can work ef5 fectively and collaboratively on public health and 

6 safety, terrorism detection, prevention, response, and 

7 protection of critical infrastructure. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

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

11 the Director of the Office of Tribal Government 

12 Homeland Security. 

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

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

15 the Indian Self-Determination and Education Assist16 ance Act (25 U.S.C. 450b(e)). 

17 (3) OFFICE.—The term ‘‘Office’’ means the Of18 fice of Tribal Government Homeland Security estab19 lished in section 4. 

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

21 the Secretary of Homeland Security. 

22 SEC. 4. OFFICE OF TRIBAL GOVERNMENT HOMELAND SE23 CURITY. 

24 (a) IN GENERAL.— 

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1 (1) ESTABLISHMENT.—There is hereby estab2 lished within the Department of Homeland Security 

3 an office to be known as the ‘‘Office of Tribal Gov4 ernment Homeland Security’’. 

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

6 a Director, appointed by the Secretary in consulta7 tion with Indian tribes, whose title shall be the Di8 rector of Tribal Government Homeland Security. 

9 The Director shall be equal in pay and authority of 

10 an Assistant Secretary. 

11 (b) DUTIES OF SECRETARY; DIRECTOR.— 

12 (1) DUTIES OF THE SECRETARY.—The Sec13 retary shall— 

14 (A) ensure the coordination of Federal pro15 grams that provide assistance (including finan16 cial and technical assistance) to eligible Indian 

17 tribes and provide those governments with 

18 treatment as State governments, as appro19 priate, for planning, consultation, and coordina20 tion and for eligibility for Federal grant monies 

21 and funds to improve capacity and help pre22 pare, prevent, and respond to terrorist activi23 ties, and for other related purposes in and near 

24 tribal communities; 

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1 (B) ensure Indian tribes are included in 

2 the coordination activities of the Homeland Se3 curity Department’s Border and Transportation 

4 functions in the same manner as State and 

5 local law enforcement entities; 

6 (C) ensure Indian tribes with jurisdiction 

7 over lands adjacent to the Canadian and Mexi8 can borders are adequately prepared to help 

9 protect United States borders, territorial wa10 ters, waterways, and other transportation sys11 tems; 

12 (D) ensure the broad spectrum of infra13 structure throughout Indian Country, including 

14 nuclear and electrical power plants, water and 

15 sanitation facilities, agricultural, food proc16 essing, oil, timber, and other natural resources 

17 is adequately protected against terrorist 

18 threats; 

19 (E) ensure that Indian tribes are properly 

20 equipped to prepare for, prevent, and respond 

21 to terrorist activities in the same manner as 

22 State and local governments; 

23 (F) provide Indian tribes the necessary 

24 equipment for detection, protection, and deconmstockstill on PROD1PC66 with BILLS

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1 tamination in emergencies involving weapons of 

2 mass destruction; 

3 (G) provide Indian tribes with emergency 

4 preparedness training and exercise programs 

5 and further assistance for any emergency, in6 cluding natural disasters or disease; 

7 (H) include Indian tribes in all facets of 

8 research, development, resource assessment, 

9 and risk analysis in the same manner as State 

10 and local governments; and 

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

12 the coordination of the Homeland Security De13 partment’s Immigration and Nationality func14 tions in the same manner as State and local law 

15 enforcement entities. 

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

17 shall— 

18 (A) coordinate homeland security activities 

19 among Indian tribes and related Federal agen20 cies, including integration and coordination of 

21 the efforts of the Department of Homeland Se22 curity and Indian tribes to prepare for, prevent, 

23 protect against, respond to, and recover from 

24 terrorist attacks; 

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1 (B) provide strategic integration to com2 plement the operational consolidation of the 

3 various directorates within the Department of 

4 Homeland Security, with respect to Indian 

5 tribes; 

6 (C) ensure that Indian tribes are included 

7 in the gathering and analysis of terrorist 

8 threats and other information in the same man9 ner as Federal, State, and local law enforce10 ment entities; 

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

12 contact for Indian tribes in need of assistance 

13 and information homeland security grants for 

14 purposes of planning, consultation, coordina15 tion, eligibility for grant monies and other pur16 poses to improve the United States capacity to 

17 prepare, prevent and respond to terrorist activi18 ties and to work with Indian tribes and execu19 tive agencies in promoting homeland security; 

20 (E) serve as the coordinating center in21 tended to facilitate communication between and 

22 integration with Indian tribes and other Fed23 eral departments that have homeland security 

24 responsibilities, including but not limited to 

25 health surveillance, emergency preparation and 

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1 response, border security, critical infrastructure 

2 protection, technology, and communication; 

3 (F) establish a network through which the 

4 Federal Government, Indian tribes, and State 

5 and local governments work collaboratively on 

6 public health and safety, terrorism detection, 

7 prevention, response, and protection of critical 

8 infrastructure targets; and 

9 (G) establish a mechanism for the distribu10 tion of warnings and information to tribal com11 munities. 

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

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

14 (A) treat Indian tribes as States, as appro15 priate, for the purpose of homeland security 

16 consultation, planning, coordination, bioter17 rorism preparedness, prevention, and response, 

18 emergency preparedness and response, border 

19 and transportation security, and for other pur20 poses related to protecting the homeland; 

21 (B) include Indian tribes in funding meth22 odologies for purposes of allocating any finan23 cial resources; and 

24 (C) support and facilitate the capacity nec25 essary for the Indian Health Service and Bumstockstill on PROD1PC66 with BILLS

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1 reau of Indian Affairs to respond to the home2 land security needs of American Indians and 

3 Alaska Natives, without jeopardizing their non4 security missions. 

5 (2) DISCRETIONARY AUTHORITY.—The Sec6 retary may delegate to such Indian tribes primary 

7 responsibility for homeland security activities within 

8 its respective jurisdiction. 

9 (d) INFORMATION SHARING.—The Secretary shall 

10 provide assistance to enhance information technology ca11 pabilities of Indian tribes and ensure— 

12 (1) the active participation of Indian tribes in 

13 the coordination with Federal, State, and local gov14 ernments and the private sector as related to Home15 land Security activities; and 

16 (2) provide Indian tribes access to the same 

17 type of information being exchanged between Fed18 eral, State, and local authorities for the purpose of 

19 providing government personnel, agencies, and au20 thorities, with appropriate intelligence information, 

21 including warnings, regarding threats posed by ter22 rorism in a timely and secure manner. 

23 (e) FEDERAL GRANTS.— 

24 (1) GENERAL ELIGIBILITY.—Indian tribes shall 

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

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1 any homeland security-related Federal grant pro2 grams. 

3 (2) AUTHORITY TO AWARD GRANTS.—The Sec4 retary may award grants to Indian tribes for the fol5 lowing purposes: 

6 (A) Planning, consultation, and coordina7 tion to improve infrastructure, to prevent ter8 rorist activities. 

9 (B) Training and education of employees 

10 responsible for public health, safety and emer11 gency response activities. 

12 (C) Addressing communication gaps and 

13 infrastructure needs related to homeland secu14 rity. 

15 (D) Increasing the capacity of Indian 

16 tribes to help prepare, prevent, and respond to 

17 terrorist activities and other public health and 

18 safety emergencies. 

19 (E) Development of a comprehensive plan 

20 to help prepare, prevent, and respond to ter21 rorist activities and other public health and 

22 safety emergencies. 

23 (F) Implementation of plans to help pre24 pare, prevent, and respond to terrorist activities 

25 and other public health and safety emergencies. 

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1 (G) The preparation of reports assessing 

2 the emergency preparedness of Indian tribes, 

3 including an assessment of Indian tribes’ co4 ordination with the Department. 

5 (H) Such other purposes related to the 

6 purposes of this Act the Secretary considers ap7 propriate. 

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

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

10 with technical assistance in developing, imple11 menting and managing emergency response plans. 

12 (2) Ensure that legal, financial, and other ex13 pertise of the Department of Homeland Security is 

14 made fully available in an advisory capacity to In15 dian tribes to assist in the development, implementa16 tion, and management of emergency response plans. 

17 (3) Provide Department of Homeland Security 

18 programs designed to provide legal, accounting, fi19 nancial, or technical assistance to eligible Indian 

20 tribes. 

21 (4) Facilitate cooperation with the heads of ap22 propriate Federal agencies working on Homeland 

23 Security initiatives. 

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

2 consultation with the Director, considers appropriate 

3 to carry out this section. 

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

5 date of the enactment of this Act, the Secretary shall sub6 mit an assessment report detailing the baseline readiness 

7 of Indian tribes to the Committee on Indian Affairs of 

8 the Senate and the Committee on Natural Resources of 

9 the House of Representatives. In addition to an assess10 ment of baseline readiness, the report shall contain any 

11 legislative recommendations necessary to improve coordi12 nation and integration of Indian tribes in the National 

13 Homeland Security Strategy. 

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

15 effectiveness of the Office through the preparation of re16 ports assessing the emergency preparedness of Indian 

17 tribes, including an assessment of Indian tribes’ coordina18 tion with the Department of Homeland Security. 

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

20 assistance under this section for any activity related to 

21 the operation of a gaming activity on Indian lands pursu22 ant to the Indian Gaming Regulatory Act (25 U.S.C. 2701 

23 et seq.). 

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1 SEC. 5. REPORT TO CONGRESS. 

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

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

4 the Secretary, in consultation with the Director, shall pre5 pare and submit to the Committee on Indian Affairs of 

6 the Senate and the Committee on Natural Resources of 

7 the House of Representatives a report on the operation 

8 of the Office. 

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

10 under subsection (a) shall include— 

11 (1) for the period covered by the report, a sum12 mary of the activities conducted by the Secretary, in 

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

14 4; and 

15 (2) any recommendations for legislation that 

16 the Secretary, in consultation with the Director, de17 termines to be necessary to carry out such sections. 

18 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated such sums 

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

21 until expended. 

Æ 

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