[20050713]RS21533_部落政府对《国土安全法》的修正案和印第安部落主权.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21533Updated July 13, 2005Tribal Government Amendments to theHomeland Security Act and Indian TribalSovereigntyM. Maureen MurphyLegislative AttorneyAmerican Law DivisionSummaryS. 477, the Tribal Government Amendments to the Homeland Security Act of 2002,has been introduced to “ensure that . the Department of Homeland Security consultswith Indian tribal governments . and . that Indian tribal governments participatefully in the protection of the homeland of the United States.” An earlier version of thislegislation, S. 578, in the 108th Congress raised concern in some quarters that it wouldoverturn Nevada v. Hicks, 533 U.S. 353 (2001), or otherwise expand Indian tribalsovereignty. S. 477 differs from the earlier version both by including authority for directfunding, rather than indirect funding through individual states, of Indian tribal homelandsecurity projects, and by eliminating the provisions in the earlier bill that appeared toendorse a view of tribal criminal and civil jurisdiction inconsistent with Supreme Courtrulings on the subject of tribal jurisdiction. The