I 
107TH CONGRESS 
2D SESSION 
H. R. 5490
To ensure the coordination and integration of Indian tribes in the National 
Homeland Security strategy and to establish an Office of Tribal Govern-
ment Homeland Security within the Department of Homeland Security, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 26, 2002
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 es-
tablish an Office of Tribal Government Homeland Secu-
rity within the Department 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 
Homeland Security Coordination and Integration Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following:
(1) Since the terrorist attacks of September 11, 
2001, and the subsequent introduction of weapons 
grade anthrax into the United States Postal System 
and Congressional office buildings in Washington, 
D.C., the President and the Congress have worked 
closely to respond to the need to rebuild and 
strengthen the nation’s public health, national secu-
rity, and emergency response systems. 
(2) Based on Article I, section 8 of the United 
States Constitution, treaties, Federal statutes, and 
court decisions, the United States has a unique his-
torical and legal relationship with American Indian 
and Alaska Native people, which serves as the basis 
for the Federal Government’s trust responsibility 
and obligations. There are currently 558 federally-
recognized Indian tribes in the United States, with 
some 40 percent of Indian tribes located in the State 
of Alaska. Indian tribes have principle responsibility 
for lands and people within their jurisdiction. 
(3) Despite the government-to-government rela-
tionship between Indian tribes and the United 
States, the United States has failed to include and 
consult with Indian tribes with regard to homeland 
security prevention, protection, and response activi-
ties planning. Moreover, there are no specific provi-
sions for the Bureau of Indian Affairs or the Indian 
Health Service to participate in homeland security 
programs and funding. 
(4) Throughout many areas of the United 
States, facilities operated, and services, activities 
and government functions carried out, by Indian 
tribes, the Bureau of Indian Affairs and the Indian 
Health Service are the only sources available to pro-
vide emergency health services, disaster response, 
and law enforcement to the tribal and non-tribal 
community, thus serving the role as ‘‘first respond-
ers’’ in the event of a terrorist attack. 
(5) To provide for the public health and safety 
on tribal lands and in the surrounding communities, 
it is imperative to establish tribal participation in 
homeland security initiatives. Indian tribes must be 
included in the national strategy for homeland secu-
rity and receive an appropriate share of related 
funding. 
(6) The treatment of Indian tribes as State 
governments, as appropriate, for developing funding 
methodologies, planning, consultation, coordination, 
and for eligibility for grant monies will ensure In-
dian tribes are adequately prepared to respond to 
Homeland Security threats.
(7) Indian tribes shall be treated as State, as 
appropriate, for purposes of planning, consultation, 
coordination, eligibility for grant monies and other 
purposes to improve the United States’ capacity to 
prepare, prevent and respond to terrorist activities. 
(b) PURPOSES.—The purposes of this Act are as fol-
lows: 
(1) To establish within the Department of 
Homeland Security an office known as the Office of 
Tribal Government Homeland Security. 
(2) To authorize the Secretary of Homeland Se-
curity to appoint, in consultation with Indian tribes, 
a Director of Tribal Government Homeland Secu-
rity. 
(3) To provide for more effective management 
of, and accountability for the proper discharge of, 
the Secretary’s trust responsibility to Indian tribes 
and individual American Indians and Alaska Natives 
by establishing in the Department of Homeland Se-
curity an Office of Tribal Government Homeland Se-
curity. 
(4) To integrate and coordinate the efforts of 
the Department of Homeland Security and Indian 
tribes to prepare for, prevent, protect against, re-
spond to, and recover from terrorist attacks.
(5) To provide strategic integration of the 
Homeland Security activities of Indian tribes that 
will complement the operational consolidation of the 
various directorates within the Department. 
(6) To supplement the capacity of the Indian 
Health Service and the Bureau of Indian Affairs to 
respond to the homeland security needs of American 
Indians and Alaska Natives, without jeopardizing 
their nonsecurity missions. 
(7) To serve as an information clearinghouse 
and to enhance the integration and coordination of 
Indian tribes and in the activities of the Department 
of Homeland Security. 
(8) To establish an organizational framework 
within the Department of Homeland Security 
through which the Federal Government, Indian 
tribes, and State and local governments can work ef-
fectively and collaboratively on public health and 
safety, terrorism detection, prevention, response, and 
protection of critical infrastructure. 
SEC. 3. DEFINITIONS. 
In this Act:
(1) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Tribal Government 
Homeland Security.
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given that term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b(e)). 
(3) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Tribal Government Homeland Security estab-
lished in section 4. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
SEC. 4. OFFICE OF TRIBAL GOVERNMENT HOMELAND SE-
CURITY. 
(a) IN GENERAL.—
(1) ESTABLISHMENT.—There is hereby estab-
lished within the Department of Homeland Security 
an office to be known as the ‘‘Office of Tribal Gov-
ernment Homeland Security’’. 
(2) DIRECTOR.—The Office shall be headed by 
a Director, appointed by the Secretary in consulta-
tion with Indian tribes, whose title shall be the Di-
rector of Tribal Government Homeland Security. 
The Director shall be equal in pay and authority of 
an Assistant Secretary. 
(b) DUTIES OF SECRETARY; DIRECTOR.—
(1) DUTIES
OF
THE
SECRETARY.—The Sec-
retary shall—
(A) ensure the coordination of Federal pro-
grams that provide assistance (including finan-
cial and technical assistance) to eligible Indian 
tribes and provide those governments with 
treatment as State governments, as appro-
priate, for planning, consultation, and coordina-
tion and for eligibility for Federal grant monies 
and funds to improve capacity and help pre-
pare, prevent, and respond to terrorist activi-
ties, and for other related purposes in and near 
tribal communities; 
(B) ensure Indian tribes are included in 
the coordination activities of the Homeland Se-
curity Department’s Border and Transportation 
functions in the same manner as State and 
local law enforcement entities; 
(C) ensure Indian tribes with jurisdiction 
over lands adjacent to the Canadian and Mexi-
can borders are adequately prepared to help 
protect United States borders, territorial wa-
ters, waterways, and other transportation sys-
tems; 
(D) ensure the broad spectrum of Infra-
structure throughout Indian Country, including 
nuclear and electrical power plants, water and
sanitation facilities, agricultural, food proc-
essing, oil, timber and other natural resources 
is 
adequately 
protected 
against 
terrorist 
threats; 
(E) ensure that Indian tribes are properly 
equipped to prepare for, prevent, and respond 
to terrorist activities in the same manner as 
State and local governments; 
(F) provide Indian tribes the necessary 
equipment for detection, protection, and decon-
tamination in emergencies involving weapons of 
mass destruction; 
(G) provide Indian tribes with emergency 
preparedness training and exercise programs 
and further assistance for any emergency, in-
cluding natural disasters or disease; 
(H) include Indian tribes in all facets of 
research, development, resource assessment, 
and risk analysis in the same manner as State 
and local governments; and 
(I) include Indian tribes, as appropriate in 
the coordination of the Homeland Security De-
partment’s Immigration and Nationality func-
tions in the same manner as State and local law 
enforcement entities.
(2) DUTIES OF THE DIRECTOR.—The Director 
shall—
(A) integrate and coordinate the efforts of 
the Department of Homeland Security and In-
dian tribes to prepare for, prevent, protect 
against, respond to, and recover from terrorist 
attacks; 
(B) provide strategic integration to com-
plement the operational consolidation of the 
various directorates within the Department of 
Homeland Security, with respect to Indian 
tribes; 
(C) ensure that Indian tribes are included 
in the gathering and analysis of terrorist 
threats and other information in the same man-
ner as Federal, State, and local law enforce-
ment entities; 
(D) serve as the Secretary’s key point of 
contact for Indian tribes in need of assistance 
and information homeland security grants for 
purposes of planning, consultation, coordina-
tion, eligibility for grant monies and other pur-
poses to improve the United States’ capacity to 
prepare, prevent and respond to terrorist activi-
ties and to work with Indian tribes and execu-
tive agencies in promoting homeland security; 
(E) serve as the coordinating center in-
tended to facilitate communication between and 
integration with Indian tribes and other Fed-
eral departments that have homeland security 
responsibilities, including but not limited to 
health surveillance, emergency preparation and 
response, border security, critical infrastructure 
protection, technology, and communication; 
(F) establish a network through which the 
Federal Government, Indian tribes, and State 
and local governments work collaboratively on 
public health and safety, terrorism detection, 
prevention, response, and protection of critical 
infrastructure targets; and 
(G) establish a mechanism for the distribu-
tion of warnings and information to tribal com-
munities. 
(c) TREATMENT OF INDIAN TRIBES AS STATES.—
(1) IN GENERAL.—The Secretary shall—
(A) treat Indian tribes as States, as appro-
priate, for the purpose of homeland security
consultation, planning, coordination; bioter-
rorism preparedness, prevention, and response,
emergency preparedness and response, border 
and transportation security, and for other pur-
poses related to protecting the homeland; 
(B) include Indian tribes in funding meth-
odologies for purposes of allocating any finan-
cial resources; and 
(C) support and facilitate the capacity nec-
essary for the Indian Health Service and Bu-
reau of Indian Affairs to respond to the home-
land security needs of American Indians and 
Alaska Natives, without jeopardizing their non-
security missions. 
(2) DISCRETIONARY
AUTHORITY.—The Sec-
retary may delegate to such Indian tribes primary 
responsibility for homeland security activities within 
its respective jurisdiction. The Secretary shall also 
(d) INTEGRATION AND ROLE OF BIA AND IHS.—
(1) FINDINGS.—Congress finds as follows: 
(A) Based on the unique government-to-
government relationship between the Federal 
Government and Indian tribes, the Bureau of 
Indian Affairs and Indian Health Service carry 
out certain aspects of the Federal Government’s 
trust responsibility.
(B) As many programs and services are ei-
ther directly provided by the Federal Govern-
ment via the Bureau of Indian Affairs and In-
dian Health Service or through contracting with 
Indian tribes, coordination of Homeland Secu-
rity effort is essential. The Office of Tribal 
Homeland Security would have the authority 
and duty, to coordinate homeland security ac-
tivities among Indian tribes and related Federal 
agencies. 
(e) INFORMATION SHARING.—The Secretary shall 
provide assistance to enhance IT capabilities of tribes and 
ensure—
(1) the active participation of Indian tribes in 
the coordination with Federal, State, and local gov-
ernments and the private sector as related to Home-
land Security activities; and 
(2) provide Indian tribes access to the same 
type of information being exchanged between Fed-
eral, State and local authorities for the purpose of 
providing government personnel, agencies, and au-
thorities, with appropriate intelligence information, 
including warnings, regarding threats posed by ter-
rorism in a timely and secure manner. 
(f) FEDERAL GRANTS.—
(1) GENERAL ELIGIBILITY.—Indian tribes shall 
be eligible to apply for, receive, direct, and supervise 
any homeland security-related Federal grant pro-
grams. 
(2) AUTHORITY TO AWARD GRANTS.—The Sec-
retary may award grants to Indian tribes for the fol-
lowing purposes: 
(A) Planning, consultation, and coordina-
tion to improve infrastructure, to prevent ter-
rorist activities. 
(B) Training and education of employees 
responsible for public health, safety and emer-
gency response activities. 
(C) Addressing communication gaps and 
infrastructure needs related to homeland secu-
rity. 
(D) Increasing the capacity of Indian 
tribes to help prepare, prevent, and respond to 
terrorist activities and other public health and 
safety emergencies. 
(E) Development of a comprehensive plan 
to help prepare, prevent, and respond to ter-
rorist activities and other public health and 
safety emergencies.
(F) Implementation of plans to help pre-
pare, prevent, and respond to terrorist activities 
and other public health and safety emergencies. 
(G) The preparation of reports assessing 
the emergency preparedness of Indian tribes, 
including an assessment of Indian tribes’ co-
ordination with the Department. 
(H) Such other purposes related to the 
purposes of this Act the Secretary considers ap-
propriate. 
(g) TECHNICAL ASSISTANCE.—The Secretary shall—
(1) directly or by contract, provide Indian tribes 
with technical assistance in developing, imple-
menting and managing emergency response plans. 
(2) Ensure that legal, financial, and other ex-
pertise of the Department of Homeland Security is 
made fully available in an advisory capacity to In-
dian tribes to assist in the development, implementa-
tion, and management of emergency response plans. 
(3) Provide Department of Homeland Security 
programs designed to provide legal, accounting, fi-
nancial, or technical assistance to eligible Indian 
tribes.
(4) Facilitate cooperation with the heads of ap-
propriate Federal agencies working on Homeland 
Security initiatives. 
(5) Any other activity that the Secretary, in 
consultation with the Director, considers appropriate 
to carry out this section. 
(h) ASSESSMENT.—The Secretary shall provide funds 
to assess the existing capacity of Indian tribes with regard 
to Homeland Security prevention, protection, and re-
sponse, including but not limited to, an assessment of 
emergency response capabilities, hospital and health facil-
ity preparedness, and capacity to mitigate bioterrorism 
and other threats, vulnerabilities, and risks. For purposes 
of carrying out this assessment, the Secretary shall utilize 
a qualified national American Indian health organization, 
representing all 12 areas of the Indian Health Service ex-
perienced in conducting research, policy analysis, program 
assessment and technical assistance. Not later than 6 
months after the date of the enactment of this Act, the 
Secretary shall submit the assessment report detailing the 
baseline readiness of Indian tribes to the Committee on 
Indian Affairs of the Senate and the Committee on Re-
sources of the House of Representatives. In addition to 
an assessment of baseline readiness, the report shall con-
tain any legislative recommendations necessary to improve
coordination and integration of Indian tribes in the Na-
tional Homeland Security Strategy. 
(i) REPORTING.—The Secretary shall determine the 
effectiveness of the Office through the preparation of re-
ports assessing the emergency preparedness of Indian 
tribes, including an assessment of Indian tribes’ coordina-
tion with the Department of Homeland Security. 
(j) PROHIBITION.—The Secretary may not provide 
under this section assistance for any activity related to 
the operation of a gaming activity on Indian lands pursu-
ant to the Indian Gaming Regulatory Act (25 U.S.C. 2701 
et seq.). 
SEC. 5. REPORT TO CONGRESS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, and annually thereafter, 
the Secretary, in consultation with the Director, shall pre-
pare and submit to the Committee on Indian Affairs of 
the Senate and the Committee on Resources of the House 
of Representatives a report on the operation of the Office. 
(b) CONTENTS OF REPORT.—Each report prepared 
under subsection (a) shall include—
(1) for the period covered by the report, a sum-
mary of the activities conducted by the Secretary, in 
carrying out section 4(b) through 4(h); and
(2) any recommendations for legislation that 
the Secretary, in consultation with the Director, de-
termines to be necessary to carry out such sections. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
are necessary to carry out this Act, to remain available 
until expended.
Æ