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) in-
troduced the following bill; which was referred to the Committee on Re-
sources, 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 com-
mittee 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Tribal Government 
Amendments to the Homeland Security Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) There is a government-to-government rela-
tionship between the United States and each Indian 
tribal government. 
(2) Through statutes and treaties, Congress has 
recognized the inherent sovereignty of Indian tribal 
governments and the rights of Native people to self-
determination and self-governance. 
(3) Each Indian tribal government possesses 
the inherent sovereign authority—
(A)(i) to establish its own form of govern-
ment; 
(ii) to adopt a constitution or other organic 
governing documents; and 
(iii) to establish a tribal judicial system; 
and 
(B) to provide for the health and safety of 
those who reside on tribal lands, including the 
provision of law enforcement services on lands 
under the jurisdiction of the tribal government. 
(4) Tribal emergency response providers, such 
as tribal emergency public safety officers, law en-
forcement officers, emergency response personnel, 
emergency medical personnel and facilities (including 
tribal and Indian Health Service emergency facili-
ties), and related personnel, agencies, and authori-
ties—
(A) play a crucial role in providing for the 
health and safety of those who reside on tribal 
lands; and 
(B) are necessary components of a com-
prehensive system to secure the homeland of 
the United States. 
(5) There are more than 25 Indian tribes that 
have primary jurisdiction over—
(A) lands within the United States that 
are adjacent to the Canadian or Mexican bor-
der; or 
(B) waters of the United States that pro-
vide direct access by boat to lands within the 
United States. 
(6) The border lands under the jurisdiction of 
Indian tribal governments comprise more than 260 
miles of the approximately 7,400 miles of inter-
national border of the United States. 
(7) Numerous Indian tribal governments exer-
cise criminal, civil, and regulatory jurisdiction over
lands on which dams, oil and gas deposits, nuclear 
or electrical power plants, water and sanitation sys-
tems, or timber or other natural resources are lo-
cated. 
(8) The involvement of tribal governments in 
the protection of the homeland of the United States 
is essential to the comprehensive maintenance of the 
homeland security of the United States. 
(b) PURPOSES.—The purposes of this Act are to en-
sure that—
(1) the Department of Homeland Security 
consults with, involves, coordinates with, and in-
cludes Indian tribal governments in carrying out the 
mission of the Department under the Homeland Se-
curity Act of 2002 (Public Law 107–296); and 
(2) Indian tribal governments participate fully 
in the protection of the homeland of the United 
States. 
SEC. 3. TABLE OF CONTENTS; DEFINITIONS. 
(a) TABLE OF CONTENTS.—The table of contents of 
the Homeland Security Act of 2002 (Public Law 107–296; 
116 Stat. 2135) is amended in the item relating to section 
801 by inserting ‘‘, Tribal,’’ after ‘‘State’’. 
(b) DEFINITIONS.—Section 2 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 101) is amended—
(1) in paragraph (6), by inserting ‘‘tribal,’’ 
after ‘‘State,’’; 
(2) by redesignating paragraphs (9), (10), (11), 
(12), (13), (14), (15), and (16) as paragraphs (10), 
(11), (12), (13), (14), (15), (16), and (19), respec-
tively; 
(3) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, nation, or other orga-
nized group or community located in the continental 
United States (excluding the State of Alaska) that 
is recognized as being eligible for the special pro-
grams and services provided by the United States to 
Indians because of their status as Indians.’’; 
(4) in paragraph (11) (as redesignated by para-
graph (2)), by striking subparagraph (B) and insert-
ing the following: 
‘‘(B) an Alaska Native village or organiza-
tion; and’’; and 
(5) by inserting after paragraph (16) (as redes-
ignated by paragraph (2)) the following: 
‘‘(17) TRIBAL COLLEGE OR UNIVERSITY.—The 
term ‘tribal college or university’ has the meaning
given the term in section 316(b) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1059c(b)).
‘‘(18) TRIBAL GOVERNMENT.—The term ‘tribal 
government’ means the governing body of an Indian 
tribe that is recognized by the Secretary of the Inte-
rior.’’. 
SEC. 4. DEPARTMENT OF HOMELAND SECURITY. 
(a) EXECUTIVE DEPARTMENT; MISSION.—Section 
101(b)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 111(b)(2)) is amended by inserting ‘‘tribal,’’ after 
‘‘State,’’. 
(b) SECRETARY; FUNCTIONS.—Section 102(c) of the 
Homeland Security Act of 2002 (6 U.S.C. 112(c)) is 
amended—
(1) in the matter preceding paragraph (1), by 
inserting ‘‘, Tribal,’’ after ‘‘of State’’; and 
(2) by inserting ‘‘, tribal,’’ after ‘‘State’’ each 
place it appears. 
SEC. 5. INFORMATION ANALYSIS AND INFRASTRUCTURE 
PROTECTION. 
(a) DIRECTORATE FOR INFORMATION ANALYSIS AND 
INFRASTRUCTURE PROTECTION.—Section 201(d) of the 
Homeland Security Act of 2002 (6 U.S.C. 121(d)) is 
amended—
(1) in paragraphs (1), (3), (6), (7)(B), (8), (9), 
(11), and (13), by inserting ‘‘, tribal,’’ after ‘‘State’’ 
each place it appears;
(2) in paragraph (16), by inserting ‘‘, tribal,’’ 
after ‘‘State’’; and 
(3) in paragraph (17), by inserting ‘‘tribal,’’ 
after ‘‘State,’’. 
(b) ACCESS TO INFORMATION.—Section 202(d)(2) of 
the Homeland Security Act of 2002 (6 U.S.C. 122(d)(2)) 
is amended by inserting ‘‘, tribal,’’ after ‘‘State’’. 
(c) 
CRITICAL
INFRASTRUCTURE
INFORMATION; 
DEFINITIONS.—Section 212 of the Homeland Security 
Act of 2002 (6 U.S.C. 131) is amended in paragraphs 
(3)(A) and (5)(C) by inserting ‘‘tribal,’’ after ‘‘State,’’ 
each place it appears. 
(d) PROTECTION OF VOLUNTARILY SHARED CRIT-
ICAL INFRASTRUCTURE INFORMATION.—Section 214 of 
the Homeland Security Act of 2002 (6 U.S.C. 133) is 
amended—
(1) in subsection (a)(1)—
(A) in subparagraph (C)—
(i) 
by 
inserting 
‘‘tribal,’’ 
after 
‘‘State,’’; and 
(ii) by striking ‘‘or State’’ and insert-
ing ‘‘, State, or tribal’’; and
(B) in subparagraph (E)—
(i) in the matter preceding clause (i), 
by inserting ‘‘, tribal,’’ after ‘‘State’’; 
(ii) in clause (i), by inserting ‘‘, trib-
al,’’ after ‘‘State’’; and 
(iii) in clause (ii), by inserting ‘‘, trib-
al,’’ after ‘‘State’’; 
(2) in subsection (c), by inserting ‘‘tribal,’’ after 
‘‘State,’’; and 
(3) in subsection (e)(2)(D), by inserting ‘‘, trib-
al,’’ after ‘‘State’’. 
(e) 
ENHANCEMENT
OF
NON-FEDERAL 
CYBERSECURITY.—Section 223(1) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 143(1)) is amended by insert-
ing ‘‘, tribal,’’ after ‘‘State’’. 
(f) MISSION OF OFFICE; DUTIES.—Section 232 of 
the Homeland Security Act of 2002 (6 U.S.C. 162) is 
amended—
(1) in subsection (a)(2), by inserting ‘‘tribal,’’ 
after ‘‘State,’’; 
(2) in subsection (b)—
(A) in paragraphs (2) and (3), by inserting 
‘‘tribal,’’ after ‘‘State,’’ each place it appears; 
(B) in paragraph (6)—
(2) INFORMATION ACQUIRED FROM A PHYSICAL 
SEARCH.—Section 305(k)(1) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1825) 
(as amended by section 899 of the Homeland Secu-
rity Act of 2002 (Public Law 107–296; 116 Stat. 
2258)) is amended by inserting ‘‘or Indian tribe’’ 
after ‘‘subdivision)’’. 
(h) TRANSFER OF CERTAIN SECURITY AND LAW EN-
FORCEMENT
FUNCTIONS
AND
AUTHORITIES.—Section 
1315 of title 40, United States Code (as amended by sec-
tion 1706(b)(1) of the Homeland Security Act of 2002 
(Public Law 107–296; 116 Stat. 2316)), is amended—
(1) in subsection (d)(3), by inserting ‘‘tribal,’’ 
after ‘‘State,’’; and 
(2) in subsection (e), by inserting ‘‘, tribal,’’ 
after ‘‘State’’ each place it appears. 
SEC. 13. CONGRESSIONAL AFFIRMATION AND DECLARA-
TION OF TRIBAL GOVERNMENT AUTHORI-
TIES. 
(a) IN GENERAL.—For the purpose of this Act, Con-
gress affirms and declares that the inherent sovereign au-
thority of an Indian tribal government includes the au-
thority to enforce and adjudicate violations of applicable 
criminal, civil, and regulatory laws committed by any per-