SUMMARY OF AMENDMENTS SUBMITTED TO THE RULES COMMITTEE ON
H.R. 1817, DEPARTMENT OF HOMELAND SECURITY AUTHORIZATION ACT OF 2006

(in alphabetical order)

SUMMARY OF AMENDMENTS

(summaries derived from information provided by sponsors)

Andrews #49
Allows importers, consignees, and common carriers (including non-vessel operating common carriers) to claim confidential treatment of their shipping information.

Andrews #51
Requires a report to Congress by DHS regarding the potential for terrorist tampering of reclaimed food. Reclaimed food is unused food that is originally offered, or intended to be offered, to consumers by growers, processors, manufacturers, wholesalers, grocery stores, retailers, or restaurants, which is subsequently made available for sale or use by consumers through discount or outlet stores, food banks, or food rescue organizations.

Baca #89
Requires DHS to assess the security and safety of the nation's railroad, rail transit, and highway tunnels. Requires DHS to report to Congress (1) the findings of this assessment to Congress within one year, and (2) a plan for sharing the results of their study with appropriate State and local officials. LATE.

Barrow/Markey #48
Directs DHS, in consultation with other relevant government agencies and in order to minimize duplication of effort, to promulgate regulations upgrading the security associated with transporting extremely hazardous materials. Specifies that the new security measures shall include: a) physical security measures such as secondary containment, extra security guards and surveillance technologies; b) pre-notification of such shipments for local authorities; c) better coordination and communication plans involving law enforcement, first responders, and the shipping industries; d) better training for personnel working with these shipments, and e) re-routing of shipments of extremely hazardous materials going through areas of concern only if there is a safer alternative route available. Provides whistleblower protections for those who are retaliated against for disclosing violations of security rules/regulations.

Barton/Dingell #65
Requires the Department of Homeland Security to coordinate its activities regarding protection of critical infrastructure with "other relevant Federal agencies".

Cardin #39
Requires DHS to conduct a study of the feasibility and desirability of expanding the “National Capitol Region” (NCR) area beyond its existing boundaries, which were set in 1952. DHS would study whether an expanded NCR would promote coordination between State, regional, and local government and the ability of the Federal, State, and local governments to prevent and respond to a terrorist attack within the NCR.

Cardin #40
Requires DHS to establish a national cyberacademy to provide training and education in information assurance to Federal employees and first responders. In establishing the cyberacademy, DHS would use the existing Centers of Academic Excellence in Information Assurance Education that are designated by the National Security Agency (NSA).

Cardin #41
Adds the Information Assurance Directorate of the National Security Agency (NSA) to the list of Federal agencies that the DHS Under Secretary for Science and Technology shall coordinate with on cybersecurity research and development activities.

Costello #37
Uses a portion of the existing passenger security fee to guarantee that TSA invests $250 million for checkpoint explosive detection technology for FY 2006 and FY 2007.

Cox #27
Amendment in the nature of a substitute. Provides for nearly $7 billion in authorized appropriations for U.S. Customs and Border Protection, and makes other changes reflecting the provision of 500 additional Border Patrol agents through the recent Emergency War Supplemental. Deletes Section 108 as reported (relating to immigration enforcement training for state and local law enforcement). Adds a new Section 108, authorizing appropriations for 300 additional Immigration and Customs Enforcement attorneys to handle removal and related proceedings, and 300 additional immigration benefit adjudicators. Deletes Section 201 as reported (relating to DHS Terrorism Prevention Plan and Budget Analysis). Modifies Section 216 to require DHS coordination of homeland security threat analyses disseminated to State and local governments and the private sector by other Federal agencies. Modifies Section 222 to eliminate the establishment of a Homeland Security Information Requirements Board, and to, instead, require that the Joint Intelligence Community Council advise the Director of National Intelligence with respect to homeland security intelligence requirements. Modifies Section 312, creating an Assistant Secretary for Cybersecurity within the Department, to eliminate the specificity of certain statutory responsibilities. Deletes Section 313, which provided a definition of cybersecurity. Adds a new Section 314, requiring support for cybersecurity R&D. Modifies Sections 321 and 322, dealing with public transportation security, with respect to the respective roles and responsibilities of the Secretaries of Homeland Security and Transportation. Modifies Section 334, dealing with the protection of information, to specify the categories of protected information. Adds a new Title IV, entitled U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE), containing four sections previously passed by the House as part of last year's CBP and ICE re-authorization bill. Makes additional clarifications, and technical and conforming changes, to various sections of the bill.

Cox #44
Authorizes $40,000,000 to be appropriated for FY 2006 to reimburse States and localities for the costs associated with having State and local law enforcement trained and certified by DHS’ Immigration and Customs Enforcement (ICE) to enforce Federal immigration laws.

Cuellar #64
Directs the Department of Homeland Security to conduct a comprehensive study of the potential benefits of establishing a low-risk crossing at the busiest southern border commercial land port of entry. The goal of this study will be to determine if there is a compelling business case to pursue this initiative and create a low risk crossing point to provide increased facilitation to those commercial and private entities who participate in voluntary security enhancement programs.

Cummings #88
Requires DHS to assess the security and safety of the nation's railroad, rail transit, and highway tunnels. Requires DHS to report to Congress (1) the findings of this assessment to Congress within one year, and (2) a plan for sharing the results of their study with appropriate State and local officials. LATE.

DeFazio/Mica #19
Makes improvements to the Federal Flight Deck Officers (FFDO) Program including increasing access to initial and recurrent training for FFDO’s by establishing qualification standards, exploring the possibility of alternate sites for training, and ensuring that the training be provided at no cost to the pilot. Also requires the Secretary to establish a secure means for TSA personnel to communicate with FFDO’s in support of their mission, issue badges to FFDO’s within 180 days, set up a process by which pilots can appeal a TSA decision to revoke a FFDO’s status, establish a pilot program to allow FFDO’s to carry their weapon, and encourage the President to pursue international agreements that will allow the use of FFDO’s on international flights.

Ehlers #11
Changes the “30 minute rule” that requires passengers on commercial flights into and out of Washington Reagan National Airport (DCA) to remain seated for 30 minutes by reducing that time to 15 minutes. Permits the Secretary of DHS to decrease the time even more. Also prohibits the pilot from diverting a flight from DCA for a violation of the seating rule unless he or she determines the actions to be a threat to the security of passengers or the aircraft.

Engel #4
Requires the Secretary of DHS to undertake a study to determine the best method to regulate the sale of small quantities of certain chemicals used in chemical weapons.

Ford #1
Directs DHS to (a) develop a comprehensive annual report setting forth the national homeland security strategy and (b) conduct a quadrennial security review (QSR) based in principal and concept on the Department of Defense’s quadrennial defense review. As part of the QSR, DHS would be required to review its strategies, force structure, resources and threat assessments. In addition, the amendment would create an independent commission of homeland security efforts to develop the specific contents of the QSR. REVISED

Higgins #52
Establishes a new pilot program for the pursuit of terrorists. The Secretary of DHS, in consultation with the Attorney General and the Director of the FBI, would reimburse law enforcement units for overtime and equipment costs from the pursuit of terrorists within their jurisdictions and for protection of communities after apprehension of such terrorists.

Hooley #20
Prohibits any of the money in the DHS authorization bill to come from an increase in airline ticket taxes.

Hostettler #43
Provides a reward for information leading to employer sanctions against employers who hire illegal aliens. Amount of the award will be based on how much the information advanced the action against the employer. Those who planned, initiated, or otherwise participated in the violation of immigration and labor laws will be barred from receiving any award. Also provides whistleblower protections for the person submitting such information.

Inslee #10
Reimburses State and local governments, facility operators, and port authorities for any additional operating expenditures incurred while implementing and conducting federally mandated security procedures under periods of increased security alert.

Israel #60
Funds DHS’ counter-MANPADs program at $115 million and directs that $5 million be used to research alternate counter-MANPAD technologies.

Jackson-Lee #70
Authorizes the Citizen Corps Program within DHS.

Jackson-Lee#73
Strikes language in section 108 on Immigration Resources that requires that costs of hiring and training 300 additional Customs and Immigration Services adjudicators be paid out of the Immigration Examinations Fee Account.

Jackson-Lee#75
Calls for the Secretary of Homeland Security to submit a report to Congress on: the number and types of border violence activities that have occurred; the types of activities involved; a description of the categories of victims that exists; and a description of the steps that DHS is taking and any plan that the Department had formulated to prevent these activities.

Jackson-Lee/Conyers #82
Instructs GAO to conduct a study examining the impact of an increase in Temporary Protected Status (TPS) application fees on the nationals of countries for which TPS is available and the differential in cost between the current statutory fee and the cost-based fee proposed by Customs and Immigration Services. Instructs GAO to conduct a study on the premium processing fee system and its possible application to individuals and their families.

Johnson (TX), E.B.#74
Authorizes not more that $5,000,000 in grants for the National Medical Preparedness Consortium to standardize training, national health care policies, and standards of care for emergency medical professionals to prepare for mass casualties resulting from a terrorist event involving WMD.

Kennedy (MN) #61
Requires the Secretary to carry out an Advanced Technology Northern Border Security Pilot Program authorized in the National Intelligence Reform Act of 2004. Also requires the Secretary to carry out a study on border surveillance of the northern border of the United States by remotely piloted vehicles.

Kennedy (RI) #5
Creates a working group composed of government officials and outside experts to recommend strategies to improve utilization of existing social networks to assist in terrorism response and recovery efforts.

Kennedy (RI)#46
Intended to ensure that in replacing the color-coded terror alert system as required by the bill, that DHS draws on expertise in how to best communicate risk to the public, including expertise from a relevant Center for Excellence funded by the Department.

King (IA) #26
Authorizes $40 million to reimburse all states for costs associated with having State and local law enforcement personnel trained to enforce Federal immigration laws.

LoBiondo#78
Modifies section 306 of the bill regarding the security of maritime cargo containers to more closely tie the provisions to requirements that were enacted into law by the Maritime Transportation Security Act of 2002, P.L. 107-295, (MTSA). Requires the Secretary to establish standards required under section 70116(b)(3) of title 46, United States Code, and to promulgate regulations based on those standards to secure maritime cargo containers. Retains language authorizing the Department to enter into agreements with foreign governments and international organizations to improve international cargo security, but amends the language to require that cargo security measures meet the standards required by the MTSA. Retains the focus of the demonstration project authorized in the bill as an amendment to MTSA to authorize the Secretary to carry out research and investigations into technologies and procedures to improve cargo security through the use of radiation detection and non-intrusive inspection equipment and other means of analyzing cargo inspection data.

LoBiondo#79
Authorizes the Secretary of Homeland Security to establish a university-based Center of Excellence for Maritime Domain Awareness. The Center would be one of seven Centers of Excellence within the Department to conduct research, examine technologies and systems to improve maritime domain awareness, and provide education, technical, and analytical assistance for the Department to effectively improve Centers of Excellence program, administered by the DHS Science & Technology Directorate, is established university-based centers for multi-disciplinary research to address critical homeland security missions.

Loretta Sanchez #6
Adds a new subtitle with findings regarding the Customs-Trade Partnership Against Terrorism (C-TPAT) and requiring: (1) Secretary of DHS to develop minimum requirements for participation; (2) Secretary of DHS to establish validation procedures to ensure that participants in C-TPAT are implementing appropriate security measures; (3) Secretary of DHS to develop standards for private security companies in the conduct of validations and requires that those standards include the protection of proprietary data; (4) Secretary of DHS to classify benefits of C-TPAT participants; (5) Secretary of DHS to develop policies for non-compliance and procedures for the consideration of mitigating circumstances with respect to a company’s non-compliance; and (6) Inspector General of DHS to evaluate the C-TPAT program and report to Congress within one year.

Lowey #62
Authorizes a new grant program at a total of $5 billion over 5 years for states and local governments for interoperable communications planning and equipment.

Lowey/Andrews #63
Requires that all workers entering sterile and secure areas of airports be physically screened before doing so. Provides 120 days to implement the screening and require random checks in the interim. Exempts any additional screeners needed to meet this requirement from the Federal cap on the number of screeners hired nationally.

Lynch #24
Directs the Under Secretary for Border and Transportation Security of DHS, in consultation with the Secretary of Transportation, to complete a comprehensive vulnerability assessment of freight and passenger rail transportation and subsequently develop specific and prioritized recommendations for improving rail security.

Maloney#76
Makes changes to the Civil Liberties Monitoring Board established by the Intelligence Reform Act of 2004. Creates it as an independent entity and provides it with subpoena power. Requires all members of the board to be confirmed by the Senate. Requires that the board submit semiannual reports to Congress and that it makes such reports available to the public. Creates civil liberties officers in any department, element, or agency of the executive branch designated to be appropriate by the Board. Modeled after H.R. 1310, the Protection of civil Liberties Act.

Maloney#77
Establishes a framework for medical monitoring programs for responders following certain major disasters where the health of responders are at risk. Modeled after the Disaster Area Health and Environmental Monitoring Act, H.R.5329 in the 108th Congress.

Maloney#81
Provides monitoring and treatment for individuals who are sick or injured as a direct result of the attacks of 9/11. Modeled after H.R. 566, the Remember 9/11 Health Act.

Manzullo #2
Requires DHS to buy certain articles, principally food, clothing, cotton and other natural fiber products, and specialty metals, from American sources.

Manzullo #21
Strengthens the “Buy America Act” and restores the original intent that more than 50% of the components in end products purchased by DHS shall be mined, produced, or manufactured inside the United States. REVISED

Markey #7
Requires the Secretary of DHS to establish, not later than 3 years after enactment of the bill, a system to physically inspect 100% of the cargo carried on passenger planes. The system shall, at a minimum, require that the equipment, technology, and personnel used to inspect the cargo meet the same standards established to inspect passenger baggage: 35% of cargo on passenger aircraft must be inspected by the end of FY 2006; 65% by FY 2007; and 100% by FY 2008.

Markey #8
Provides whistleblower protections for any government, contractor, or private sector employee who is retaliated against for disclosing national or homeland security flaws to Congress, the Federal government, or their employer.

Markey #9
Requires DHS to establish regulations to upgrade security of chemical facilities at which a worst-case terrorist attack or accident could harm more than 15,000 people. Includes whistleblower protections for those who are retaliated against for disclosing chemical security flaws.

Markey #45
Requires the Secretary of DHS to conduct a terrorism risk assessment of the siting of any waterfront Liquified Natural Gas (LNG) facility, or of any significant expansion of an existing waterfront LNG facility, and would also require a report setting forth any recommendations for measures needed to ensure the security of the proposed facility and to mitigate any adverse consequences of a terrorist attack on the facility. REVISED

McCarthy #28
Denies the right to purchase and possess firearms to individuals who have been convicted of a felony in a foreign court.

McCarthy #29
Authorizes additional resources to ensure that the FBI has accurate information for the National Instant Criminal Background Check System (NICS) on individuals who today are banned from possessing firearms.

McCarthy #30
Would ban the possession and importation of large capacity ammunition feeders greater than 10 rounds.

McCarthy #31
Denies the right to purchase and possess firearms to individuals whose names appear on the Transportation Security Administration’s “no fly” list.

McCarthy #32
Reinstates the federal ban on assault weapons that expired in September 2004 and expands the ban to cover all semi-automatic weapons that could be useful to potential terrorists.

McCarthy #33
Requires sellers at gun shows to conduct background checks on purchasers before selling a firearm.

Meek #67
Increases funding for the Department of Homeland Security's Office of Inspector General to $200 million.

Menendez #57
Directs the President to present an annual report to Congress on the President’s funding requests for certain homeland security programs authorized by the Intelligence Reform and Terrorism Prevention Act of 2004.

Menendez #58
Requires the Secretary of DHS to report to Congress on how to coordinate and protect the various infrastructure in the area between Port Elizabeth and Newark International Airport, New Jersey. REVISED

Moore (KS)#69
Creates an Emergency Medical Services Administration within DHS.

Norton #66
Authorizes $2.8 billion over 3 years to support capital and operating activities of owners, operators, and providers of public transportation systems to improve security. Requires grant recipients to submit emergency response plans and undertake exercises for emergency response and public transportation employee training. Strengthens whistleblower protections for public transportations employee training. Strengthens whistleblower protections for public transportation employees. Establishes centers to conduct transportation research, education, and development of training programs. Requires the Department of Homeland Security and Department of Transportation to enter into a memorandum of agreement that clearly defines and governs the roles and responsibilities of the respective departments regarding security of public transportation systems.

Norwood #59
Clarifies the existing authority of State and local enforcement personnel to apprehend, detain, remove, and transport illegal aliens in the routine course of duty. Also requires DHS to establish a training manual on this matter and set forth simple guidelines for making that training available.

Oberstar #38
Enhances the security of United States railroads, passengers, working and communities served by them. Includes more than $1 billion in authorizations to safeguard our Nation’s rail network, and requires the Secretary of DHS and the Secretary of Transportation to develop and implement a railroad security assessment, a railroad security plan, and prioritized recommendations for improving railroad security.

Oberstar #42
Calls for the Secretary of DHS to establish, to the extent the funds are provided in advance in appropriations acts, a training program for homeland security along the United States-Canadian border at Rainy River Community College in International Falls, MN. Provides training for security threats and vulnerabilities that are unique to the United States-Canadian border. Prioritizes its activities to address the wide range of climate, terrain, and remote access factors that are not part of the training protocol of the Federal facilities based in the southern United States.

Poe #22
Changes existing law to require that federal air marshal seating be limited to coach.

Poe #23
Seeks to change existing law to require the United States government to compensate air carriers for federal air marshal travel for both on duty as well as off duty air marshals. The cost would be equal to the lesser of the air carrier’s government rate or lowest available for the class of service flown.

Ruppersberger #25
Improves the security clearance process for state and local first responders. Grants the President the authority to establish an Assistance for Security Clearance Desk (ASC Desk) to be a one stop help line for state and local individuals applying for security clearances. Fixes inconsistencies found in current laws that define State and local individuals responsible for protecting critical infrastructure, particularly for port security.

Schakowsky #71
Upholds existing Freedom of Information Act exemptions. LATE.

Schakowsky #72
Applies the Privacy Act to the Homeland Security Operations Center database or any information database developed by the Department of Homeland Security, notwithstanding exemptions claimed by the Department of Homeland Security for such database. LATE . REVISED

Shays #34
Closes an existing loophole that would restore whistleblower protections to TSA and perfects language necessary to implement a 2002 Congressional decision.

Shays #35
Requires DHS to notify all airline passengers if the plane they are traveling on is carrying cargo that has not been inspected for explosives or other hazardous materials. Requires the notifications to begin within 90 days of passage of the Act.

Shays #36
Tightens language so that DHS won't have discretion to dilute independent enforcement of whistleblower protection legislated when the Department was created.

Slaughter #54
Improves pre-clearance border crossing programs, including NEXUS, FAST, and SENTRI. Authorizes the creation of four U.S. enrollment centers and customer service number, merges the requirements of the NEXUS air and land cards, and establishes a pilot program that would waive NEXUS registration fees for a period of one year.

Slaughter #55
Requires the Secretary of DHS to report to Congress within 6 months of the enactment of the bill on its efforts to (1) reduce the imitation of badges, identification, uniforms, or other insignia used by any officer of DHS; (2) improve the design of the various forms of DHS identification to prevent illegal replication; (3) increase public awareness of imitation forms of Homeland Security identification; (4) teach the public to identify authentic Homeland Security identification; (5) assess the effectiveness of their efforts; and (6) recommend any legislation or administrative actions necessary to achieve their objectives.

Slaughter #56
Expands the current Federal criminal ban on fake police badges and the misuse of authentic badges to include the uniforms, identification, and all other insignia of all public officials. The use of such badges, uniforms, and insignia would be permitted for dramatic, decorative, display, and recreational purposes.

Souder #3
Makes the Customs and Border Protection’s Office of Air and Marine Operations the lead DHS agency to conduct airspace security around the Nation’s Capitol and for special events of national significance. Also calls for a report within 90 days from DHS that identifies the facility, asset, and personnel requirements to fulfill the airspace security mission.

Souder #16
Requires the Department (after consulting with the Director of National Intelligence) to report to Congress, describing each of its intelligence and information sharing centers, task forces, and databases, identifying any potential duplication of effort and setting forth a plan to improve coordination and information sharing.

Souder #17
Extends the current authorization of appropriations for the Office of Counternarcotics Enforcement at DHS to fiscal year 2006.

Souder #18
Ends the division between investigators, inspectors, and border agents created when the legacy Customs Service and Immigration and Naturalization Service were split by DHS into the bureaus of Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Also replaces the current Directorate of Border and Transportation Security (BTS). Moves the Transportation Security Agency (TSA) from its current location within BTS to report directly to the office of the Deputy Secretary.

Stupak #47
Mandates that DHS apply the Buy American Act when procuring civil aircraft.

Stupak/Reyes/Ortiz #53
Requires DHS to develop and implement a Comprehensive Border Strategy to secure U.S. borders that takes into account staffing, infrastructure, technology, coordination of intelligence among agencies, legal responsibilities, jurisdictional issues, apprehension statistics, economic and budgetary consequences, and the impact on the flow of commerce and on legitimate travelers. Also requires implementation of the “American Shield Initiative” to address vulnerabilities between the ports-of-entry.

Thompson (MS) #50
Amendment in the nature of a substitute. Placeholder.

Thompson (MS) #68
Requires the Chief Human Capital Officer of the Department of Homeland Security, in consultation with the Director of the Office of Civil Rights and Civil Liberties of the Department, to submit a report not later than 120 days after the date of enactment to ensure representation of minorities at all levels of employment at DHS, within the Department's procurement activities, and with respect to the Centers of Excellence program.

Wamp #14
Permits Department of Energy laboratories to team up with a university or consortium of universities when competing for Department of Homeland Security’s Centers for Excellence.

Wamp #15
Requires the Inspector General of DHS to audit the Department’s compliance with the Buy American Act and submit a report with its annual budget request to Congress. Requires the Secretary of DHS to notify Congress in the event of any purchase by DHS that is an exception to the Buy American Act.

Waters #83
Adds language to ensure that private sector officials receiving homeland security information pursuant to this section may only receive such information if the receiving official has sufficient security clearances to receive such information. The Secretary is not precluded from sharing any information under this provision that is cleared for release to the general public. LATE

Waters #84
Strikes Section 104(b)(2) under Subtitle B - Homeland Security Information Sharing and Analysis Enhancement. LATE

Waters #85
Establishes that any State or local government, or any transportation authority (airport, train, or port) that proposes to make a capital improvement to an airport, train station, port, or other transportation facility which will cost $10 million or more, must submit the construction plan for such facility to the Secretary. The Secretary will review such plans to determine whether the proposed capital improvement will result in increased risks to homeland security. If the Secretary determines that such plans will pose an increased risk to homeland security, the State or local government must submit a plan to correct such risk within thirty days of the Secretary's determination. Construction of any proposed capital improvement for which a plan of correction is submitted may not commence until the Secretary decides that the plan of correction is adequate to address the homeland security risks that prompted the Secretary to require a plan of correction. LATE

Waters #86
Establishes that under the Container Security Initiative, a foreign seaport may only be designated as a CSI foreign seaport if the Secretary determines that the foreign port uses inspection procedures that are at least as rigorous as the inspections procedures utilized at United States ports. LATE

Waters #87
Authorizes appropriations of $40 million to establish a demonstration program to pay for the placement of non-intrusive technology in foreign ports. LATE

Weiner #12
Allows municipalities to use homeland security funding to pay for law enforcement personnel working exclusively on homeland security issues.

Weiner #13
Closes loopholes that allow terrorists to buy or sell fake law enforcement badges.

Wilson (SC), Joe#80
Makes it voluntary for pilots qualified under the Federal flight deck officers program to carry their firearms on their person. Provides for appropriate credentials and calls for international agreements to allow Federal flight deck officers to carry firearms on international flights.

* Summaries derived from information submitted by the amendment sponsors.