I 

108TH CONGRESS 

2D SESSION H. R. 4526 

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 

JUNE 8, 2004 

Mr. PALLONE introduced the following bill; which was referred to the 

Committee on Resources 

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. 

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

5 Homeland Security Coordination and Integration Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 
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1 (1) Since the terrorist attacks of September 11, 

2 2001, and the subsequent introduction of weapons 

3 grade anthrax into the United States Postal System 

4 and Congressional office buildings in Washington, 

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

6 closely to respond to the need to rebuild and 

7 strengthen the nation’s public health, national secu8 rity, and emergency response systems. 

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

10 States Constitution, treaties, Federal statutes, and 

11 court decisions, the United States has a unique his12 torical and legal relationship with American Indian 

13 and Alaska Native people, which serves as the basis 

14 for the Federal Government’s trust responsibility 

15 and obligations. There are currently 558 federally16 recognized Indian tribes in the United States, with 

17 some 40 percent of Indian tribes located in the State 

18 of Alaska. Indian tribes have principle responsibility 

19 for lands and people within their jurisdiction. 

20 (3) Despite the government-to-government rela21 tionship between Indian tribes and the United 

22 States, the United States has failed to include and 

23 consult with Indian tribes with regard to homeland 

24 security prevention, protection, and response activi25 ties planning. Moreover, there are no specific provi-
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1 sions for the Bureau of Indian Affairs or the Indian 

2 Health Service to participate in homeland security 

3 programs and funding. 

4 (4) Throughout many areas of the United 

5 States, facilities operated, and services, activities 

6 and government functions carried out, by Indian 

7 tribes, the Bureau of Indian Affairs and the Indian 

8 Health Service are the only sources available to pro9 vide emergency health services, disaster response, 

10 and law enforcement to the tribal and non-tribal 

11 community, thus serving the role as ‘‘first respond12 ers’’ in the event of a terrorist attack. 

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

14 on tribal lands and in the surrounding communities, 

15 it is imperative to establish tribal participation in 

16 homeland security initiatives. Indian tribes must be 

17 included in the national strategy for homeland secu18 rity and receive an appropriate share of related 

19 funding. 

20 (6) The treatment of Indian tribes as State 

21 governments, as appropriate, for developing funding 

22 methodologies, planning, consultation, coordination, 

23 and for eligibility for grant monies will ensure In24 dian tribes are adequately prepared to respond to 

25 Homeland Security threats. 
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1 (7) Indian tribes shall be treated as State, as 

2 appropriate, for purposes of planning, consultation, 

3 coordination, eligibility for grant monies and other 

4 purposes to improve the United States’ capacity to 

5 prepare, prevent and respond to terrorist activities. 

6 (b) PURPOSES.—The purposes of this Act are as fol7 lows: 

8 (1) To establish within the Department of 

9 Homeland Security an office known as the Office of 

10 Tribal Government Homeland Security. 

11 (2) To authorize the Secretary of Homeland Se12 curity to appoint, in consultation with Indian tribes, 

13 a Director of Tribal Government Homeland Secu14 rity. 

15 (3) To provide for more effective management 

16 of, and accountability for the proper discharge of, 

17 the Secretary’s trust responsibility to Indian tribes 

18 and individual American Indians and Alaska Natives 

19 by establishing in the Department of Homeland Se20 curity an Office of Tribal Government Homeland Se21 curity. 

22 (4) To integrate and coordinate the efforts of 

23 the Department of Homeland Security and Indian 

24 tribes to prepare for, prevent, protect against, re25 spond to, and recover from terrorist attacks. 
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1 (5) To provide strategic integration of the 

2 Homeland Security activities of Indian tribes that 

3 will complement the operational consolidation of the 

4 various directorates within the Department. 

5 (6) To supplement the capacity of the Indian 

6 Health Service and the Bureau of Indian Affairs to 

7 respond to the homeland security needs of American 

8 Indians and Alaska Natives, without jeopardizing 

9 their nonsecurity missions. 

10 (7) To serve as an information clearinghouse 

11 and to enhance the integration and coordination of 

12 Indian tribes and in the activities of the Department 

13 of Homeland Security. 

14 (8) To establish an organizational framework 

15 within the Department of Homeland Security 

16 through which the Federal Government, Indian 

17 tribes, and State and local governments can work ef18 fectively and collaboratively on public health and 

19 safety, terrorism detection, prevention, response, and 

20 protection of critical infrastructure. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

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

24 the Director of the Office of Tribal Government 

25 Homeland Security. 
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1 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

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

3 the Indian Self-Determination and Education Assist4 ance Act (25 U.S.C. 450b(e)). 

5 (3) OFFICE.—The term ‘‘Office’’ means the Of6 fice of Tribal Government Homeland Security estab7 lished in section 4. 

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

9 the Secretary of Homeland Security. 

10 SEC. 4. OFFICE OF TRIBAL GOVERNMENT HOMELAND SE11 CURITY. 

12 (a) IN GENERAL.— 

13 (1) ESTABLISHMENT.—There is hereby estab14 lished within the Department of Homeland Security 

15 an office to be known as the ‘‘Office of Tribal Gov16 ernment Homeland Security’’. 

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

18 a Director, appointed by the Secretary in consulta19 tion with Indian tribes, whose title shall be the Di20 rector of Tribal Government Homeland Security. 

21 The Director shall be equal in pay and authority of 

22 an Assistant Secretary. 

23 (b) DUTIES OF SECRETARY; DIRECTOR.— 

24 (1) DUTIES OF THE SECRETARY.—The Sec25 retary shall— 
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1 (A) ensure the coordination of Federal pro2 grams that provide assistance (including finan3 cial and technical assistance) to eligible Indian 

4 tribes and provide those governments with 

5 treatment as State governments, as appro6 priate, for planning, consultation, and coordina7 tion and for eligibility for Federal grant monies 

8 and funds to improve capacity and help pre9 pare, prevent, and respond to terrorist activi10 ties, and for other related purposes in and near 

11 tribal communities; 

12 (B) ensure Indian tribes are included in 

13 the coordination activities of the Homeland Se14 curity Department’s Border and Transportation 

15 functions in the same manner as State and 

16 local law enforcement entities; 

17 (C) ensure Indian tribes with jurisdiction 

18 over lands adjacent to the Canadian and Mexi19 can borders are adequately prepared to help 

20 protect United States borders, territorial wa21 ters, waterways, and other transportation sys22 tems; 

23 (D) ensure the broad spectrum of Infra24 structure throughout Indian Country, including 

25 nuclear and electrical power plants, water and 
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1 sanitation facilities, agricultural, food proc2 essing, oil, timber and other natural resources 

3 is adequately protected against terrorist 

4 threats; 

5 (E) ensure that Indian tribes are properly 

6 equipped to prepare for, prevent, and respond 

7 to terrorist activities in the same manner as 

8 State and local governments; 

9 (F) provide Indian tribes the necessary 

10 equipment for detection, protection, and decon11 tamination in emergencies involving weapons of 

12 mass destruction; 

13 (G) provide Indian tribes with emergency 

14 preparedness training and exercise programs 

15 and further assistance for any emergency, in16 cluding natural disasters or disease; 

17 (H) include Indian tribes in all facets of 

18 research, development, resource assessment, 

19 and risk analysis in the same manner as State 

20 and local governments; and 

21 (I) include Indian tribes, as appropriate in 

22 the coordination of the Homeland Security De23 partment’s Immigration and Nationality func24 tions in the same manner as State and local law 

25 enforcement entities. 
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1 (2) DUTIES OF THE DIRECTOR.—The Director 

2 shall— 

3 (A) integrate and coordinate the efforts of 

4 the Department of Homeland Security and In5 dian tribes to prepare for, prevent, protect 

6 against, respond to, and recover from terrorist 

7 attacks; 

8 (B) provide strategic integration to com9 plement the operational consolidation of the 

10 various directorates within the Department of 

11 Homeland Security, with respect to Indian 

12 tribes; 

13 (C) ensure that Indian tribes are included 

14 in the gathering and analysis of terrorist 

15 threats and other information in the same man16 ner as Federal, State, and local law enforce17 ment entities; 

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

19 contact for Indian tribes in need of assistance 

20 and information homeland security grants for 

21 purposes of planning, consultation, coordina22 tion, eligibility for grant monies and other pur23 poses to improve the United States’ capacity to 

24 prepare, prevent and respond to terrorist activi-
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1 ties and to work with Indian tribes and execu2 tive agencies in promoting homeland security; 

3 (E) serve as the coordinating center in4 tended to facilitate communication between and 

5 integration with Indian tribes and other Fed6 eral departments that have homeland security 

7 responsibilities, including but not limited to 

8 health surveillance, emergency preparation and 

9 response, border security, critical infrastructure 

10 protection, technology, and communication; 

11 (F) establish a network through which the 

12 Federal Government, Indian tribes, and State 

13 and local governments work collaboratively on 

14 public health and safety, terrorism detection, 

15 prevention, response, and protection of critical 

16 infrastructure targets; and 

17 (G) establish a mechanism for the distribu18 tion of warnings and information to tribal com19 munities. 

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

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

22 (A) treat Indian tribes as States, as appro23 priate, for the purpose of homeland security 

24 consultation, planning, coordination; bioter25 rorism preparedness, prevention, and response, 
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1 emergency preparedness and response, border 

2 and transportation security, and for other pur3 poses related to protecting the homeland; 

4 (B) include Indian tribes in funding meth5 odologies for purposes of allocating any finan6 cial resources; and 

7 (C) support and facilitate the capacity nec8 essary for the Indian Health Service and Bu9 reau of Indian Affairs to respond to the home10 land security needs of American Indians and 

11 Alaska Natives, without jeopardizing their non12 security missions. 

13 (2) DISCRETIONARY AUTHORITY.—The Sec14 retary may delegate to such Indian tribes primary 

15 responsibility for homeland security activities within 

16 its respective jurisdiction. The Secretary shall also 

17 (d) INTEGRATION AND ROLE OF BIA AND IHS.— 

18 (1) FINDINGS.—Congress finds as follows: 

19 (A) Based on the unique government-to20 government relationship between the Federal 

21 Government and Indian tribes, the Bureau of 

22 Indian Affairs and Indian Health Service carry 

23 out certain aspects of the Federal Government’s 

24 trust responsibility. 
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1 (B) As many programs and services are ei2 ther directly provided by the Federal Govern3 ment via the Bureau of Indian Affairs and In4 dian Health Service or through contracting with 

5 Indian tribes, coordination of Homeland Secu6 rity effort is essential. The Office of Tribal 

7 Homeland Security would have the authority 

8 and duty, to coordinate homeland security ac9 tivities among Indian tribes and related Federal 

10 agencies. 

11 (e) INFORMATION SHARING.—The Secretary shall 

12 provide assistance to enhance IT capabilities of tribes and 

13 ensure— 

14 (1) the active participation of Indian tribes in 

15 the coordination with Federal, State, and local gov16 ernments and the private sector as related to Home17 land Security activities; and 

18 (2) provide Indian tribes access to the same 

19 type of information being exchanged between Fed20 eral, State and local authorities for the purpose of 

21 providing government personnel, agencies, and au22 thorities, with appropriate intelligence information, 

23 including warnings, regarding threats posed by ter24 rorism in a timely and secure manner. 

25 (f) FEDERAL GRANTS.— 
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1 (1) GENERAL ELIGIBILITY.—Indian tribes shall 

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

3 any homeland security-related Federal grant pro4 grams. 

5 (2) AUTHORITY TO AWARD GRANTS.—The Sec6 retary may award grants to Indian tribes for the fol7 lowing purposes: 

8 (A) Planning, consultation, and coordina9 tion to improve infrastructure, to prevent ter10 rorist activities. 

11 (B) Training and education of employees 

12 responsible for public health, safety and emer13 gency response activities. 

14 (C) Addressing communication gaps and 

15 infrastructure needs related to homeland secu16 rity. 

17 (D) Increasing the capacity of Indian 

18 tribes to help prepare, prevent, and respond to 

19 terrorist activities and other public health and 

20 safety emergencies. 

21 (E) Development of a comprehensive plan 

22 to help prepare, prevent, and respond to ter23 rorist activities and other public health and 

24 safety emergencies. 
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1 (F) Implementation of plans to help pre2 pare, prevent, and respond to terrorist activities 

3 and other public health and safety emergencies. 

4 (G) The preparation of reports assessing 

5 the emergency preparedness of Indian tribes, 

6 including an assessment of Indian tribes’ co7 ordination with the Department. 

8 (H) Such other purposes related to the 

9 purposes of this Act the Secretary considers ap10 propriate. 

11 (g) TECHNICAL ASSISTANCE.—The Secretary shall— 

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

13 with technical assistance in developing, imple14 menting and managing emergency response plans. 

15 (2) Ensure that legal, financial, and other ex16 pertise of the Department of Homeland Security is 

17 made fully available in an advisory capacity to In18 dian tribes to assist in the development, implementa19 tion, and management of emergency response plans. 

20 (3) Provide Department of Homeland Security 

21 programs designed to provide legal, accounting, fi22 nancial, or technical assistance to eligible Indian 

23 tribes. 
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1 (4) Facilitate cooperation with the heads of ap2 propriate Federal agencies working on Homeland 

3 Security initiatives. 

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

5 consultation with the Director, considers appropriate 

6 to carry out this section. 

7 (h) ASSESSMENT.—The Secretary shall provide funds 

8 to assess the existing capacity of Indian tribes with regard 

9 to Homeland Security prevention, protection, and re10 sponse, including but not limited to, an assessment of 

11 emergency response capabilities, hospital and health facil12 ity preparedness, and capacity to mitigate bioterrorism 

13 and other threats, vulnerabilities, and risks. For purposes 

14 of carrying out this assessment, the Secretary shall utilize 

15 a qualified national American Indian health organization, 

16 representing all 12 areas of the Indian Health Service ex17 perienced in conducting research, policy analysis, program 

18 assessment and technical assistance. Not later than 6 

19 months after the date of the enactment of this Act, the 

20 Secretary shall submit the assessment report detailing the 

21 baseline readiness of Indian tribes to the Committee on 

22 Indian Affairs of the Senate and the Committee on Re23 sources of the House of Representatives. In addition to 

24 an assessment of baseline readiness, the report shall con25 tain any legislative recommendations necessary to improve 
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1 coordination and integration of Indian tribes in the Na2 tional Homeland Security Strategy. 

3 (i) REPORTING.—The Secretary shall determine the 

4 effectiveness of the Office through the preparation of re5 ports assessing the emergency preparedness of Indian 

6 tribes, including an assessment of Indian tribes’ coordina7 tion with the Department of Homeland Security. 

8 (j) PROHIBITION.—The Secretary may not provide 

9 under this section assistance for any activity related to 

10 the operation of a gaming activity on Indian lands pursu11 ant to the Indian Gaming Regulatory Act (25 U.S.C. 2701 

12 et seq.). 

13 SEC. 5. REPORT TO CONGRESS. 

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

15 date of enactment of this Act, and annually thereafter, 

16 the Secretary, in consultation with the Director, shall pre17 pare and submit to the Committee on Indian Affairs of 

18 the Senate and the Committee on Resources of the House 

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

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

21 under subsection (a) shall include— 

22 (1) for the period covered by the report, a sum23 mary of the activities conducted by the Secretary, in 

24 carrying out section 4(b) through 4(h); and 
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1 (2) any recommendations for legislation that 

2 the Secretary, in consultation with the Director, de3 termines to be necessary to carry out such sections. 

4 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated such sums 

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

7 until expended. 

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