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H.R. 2243 (ih) To restrict United States assistance for certain reconstruction efforts in the Balkans region of Europe to United States-produced articles and services. [Introduced in House] ...


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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) introduced the following 
bill; which was referred to the Committee on Resources, 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 committee 
                               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 Representatives 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 relationship 
        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 government;
                    (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 enforcement officers, 
        emergency response personnel, emergency medical personnel and 
        facilities (including tribal and Indian Health Service 
        emergency facilities), and related personnel, agencies, and 
        authorities--
                    (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 comprehensive 
                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 border; or
                    (B) waters of the United States that provide 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 international border of the United 
        States.
            (7) Numerous Indian tribal governments exercise criminal, 
        civil, and regulatory jurisdiction over lands on which dams, 
        oil and gas deposits, nuclear or electrical power plants, water 
        and sanitation systems, or timber or other natural resources 
        are located.
            (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 ensure that--
            (1) the Department of Homeland Security consults with, 
        involves, coordinates with, and includes Indian tribal 
        governments in carrying out the mission of the Department under 
        the Homeland Security 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 Security 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), respectively;
            (3) by inserting after paragraph (8) the following:
            ``(9) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community located in the continental United States (excluding 
        the State of Alaska) that is recognized as being eligible for 
        the special programs and services provided by the United States 
        to Indians because of their status as Indians.'';
            (4) in paragraph (11) (as redesignated by paragraph (2)), 
        by striking subparagraph (B) and inserting the following:
                    ``(B) an Alaska Native village or organization; 
                and''; and
            (5) by inserting after paragraph (16) (as redesignated 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 Education 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 Interior.''.

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 Critical 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 inserting 
                        ``, 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 ``, 
                        tribal,'' after ``State''; and
                            (iii) in clause (ii), by inserting ``, 
                        tribal,'' after ``State'';
            (2) in subsection (c), by inserting ``tribal,'' after 
        ``State,''; and
            (3) in subsection (e)(2)(D), by inserting ``, tribal,'' 
        after ``State''.
    (e) Enhancement of Non-Federal Cybersecurity.--Section 223(1) of 
the Homeland Security Act of 2002 (6 U.S.C. 143(1)) is amended by 
inserting ``, 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)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``tribal,'' after ``State,''; 
                        and
                            (ii) in subparagraph (H), by inserting ``, 
                        tribal,'' after ``State''; and
                    (C) in paragraphs (9), (11), and (14), by inserting 
                ``, tribal,'' after ``State'' each place it appears; 
                and
            (3) in subsection (g)(1)(A), by inserting ``tribal,'' after 
        ``State,''.
    (g) National Law Enforcement and Corrections Technology Centers.--
Section 235(d) of the Homeland Security Act of 2002 (6 U.S.C. 165(d)) 
is amended by inserting ``tribal,'' after ``State,''.

SEC. 6. SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY.

    (a) Responsibilities and Authorities of the Under Secretary for 
Science and Technology.--Section 302(6) of the Homeland Security Act of 
2002 (6 U.S.C. 182(6)) is amended by inserting ``tribal,'' after 
``State,''.
    (b) Conduct of Certain Public Health-
Related Activities.--Section 304(a) of the Homeland Security Act of 
2002 (6 U.S.C. 184(a)) is amended by inserting ``and the Indian Health 
Service'' after ``Public Health Service''.
    (c) Conduct of Research, Development, Demonstration, Testing, and 
Evaluation.--Section 308(b) of the Homeland Security Act of 2002 (6 
U.S.C. 188(b)) is amended--
            (1) in paragraph (1)(A), by striking ``colleges, 
        universities,'' and inserting ``colleges and universities 
        (including tribal colleges and universities),''; and
            (2) in paragraph (2)(B), by inserting ``(including tribal 
        colleges or universities)'' after ``universities''.
    (d) Utilization of Department of Energy National Laboratories and 
Sites in Support of Homeland Security Activities.--Section 309(d) of 
the Homeland Security Act of 2002 (6 U.S.C. 189(d)) is amended by 
inserting ``, tribal,'' after ``State''.
    (e) Homeland Security Institute.--Section 312(d) of the Homeland 
Security Act of 2002 (6 U.S.C. 192(d)) is amended by inserting ``tribal 
colleges and universities,'' after ``education,''.
    (f) Technology Clearinghouse To Encourage and Support Innovative 
Solutions To Enhance Homeland Security.--Section 313 of the Homeland 
Security Act of 2002 (6 U.S.C. 193) is amended--
            (1) in paragraphs (1) and (4) of subsection (b), by 
        inserting ``tribal,'' after ``State,'' each place it appears; 
        and
            (2) in subsection (c)(1), by inserting ``, tribal,'' after 
        ``State''.

SEC. 7. DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY.

    (a) Office for Domestic Preparedness.--Section 430(c)(5) of the 
Homeland Security Act of 2002 (6 U.S.C. 238(c)(5)) is amended by 
inserting ``, tribal,'' after ``State''.
    (b) Report on Improving Enforcement Functions.--Section 445(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 255(b)) is amended by 
inserting ``, tribal,'' after ``State''.

SEC. 8. EMERGENCY PREPAREDNESS AND RESPONSE.

    (a) Responsibilities.--Section 502(5) of the Homeland Security Act 
of 2002 (6 U.S.C. 312(5)) is amended by inserting ``tribal,'' after 
``State''.
    (b) Conduct of Certain Public Health-
Related Activities.--Section 505(a) of the Homeland Security Act of 
2002 (6 U.S.C. 315(a)) is amended--
            (1) by inserting ``tribal,'' after ``State,''; and
            (2) by inserting ``and the Indian Health Service'' after 
        ``Public Health Service''.

SEC. 9. TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES 
              OF THE UNITED STATES AND OTHER GOVERNMENTAL 
              ORGANIZATIONS.

    Section 601(c)(9)(B) of the Homeland Security Act of 2002 (6 U.S.C. 
331(c)(9)(B)) is amended by inserting ``tribal,'' after ``State,''.

SEC. 10. COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; 
              UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL 
              PROVISIONS.

    (a) Office for State and Local Government Coordination.--Section 
801 of the Homeland Security Act of 2002 (6 U.S.C. 361) is amended--
            (1) in the section heading, by inserting
        ``, tribal,'' after ``state'';
            (2) in subsection (a)--
                    (A) by inserting ``, Tribal,'' after ``State''; and
                    (B) by inserting ``, tribal,'' after ``State''; and
            (3) in subsection (b), by inserting ``, tribal,'' after 
        ``State'' each place it appears.
    (b) Litigation Management.--Section 863(a)(1) of the Homeland 
Security Act of 2002 (6 U.S.C. 442(a)(1)) is amended in the second 
sentence by inserting ``, or area under the jurisdiction of an Indian 
tribe,'' after ``State''.
    (c) Definitions for Support Anti-Terrorism by Fostering Effective 
Technologies Act.--Section 865(6) of the Homeland Security Act of 2002 

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