Oct 05, 2004
SUMMARY OF AMENDMENTS SUBMITTED TO THE RULES COMMITTEE ON H.R. 10 - 9/11 RECOMMENDATIONS IMPLEMENTATION ACT
Summary of Amendment Submitted to the Rules Committee on
H.R. 10 - 9/11 RECOMMENDATIONS IMPLEMENTATION ACT
SUMMARY OF AMENDMENTS
Baker #46
Extends the Terrorism Risk Insurance Act (TRIA) program for an additional 2 years while including a number of taxpayer protections such as increased insurer deductibles to protect the American taxpayer while helping the American economy to manage the risk posed by terrorism.
Bartlett #21
Directs the Director of Homeland Security to establish an independent panel to assess the homeland security needs of the National Capital Region. Requires the panel to: (1) determine whether the definition of National Capital Region used by the Department of Homeland Security should be modified to include additional areas, including jurisdictions in Maryland and Virginia along Interstate Routes 270, 95, and 66; and (2) determine whether those jurisdictions should be taking actions to prepare for a terrorist attack in the Region, including the construction of necessary facilities, and if so, to make recommendations for appropriate funding.
Barton #31
Sense of Congress that the only way to make additional broadcast spectrum available promptly for critical public safety needs is to eliminate the A85 percent penetration test and make December 31, 2006 the date certain for return of the spectrum.
Bonilla #39
Directs the Secretary of Homeland Security to increase Detention and Removal Operations (DRO) bed space for FY06 and FY07 by 2,500 beds each year.
Capito #3
REVISED- Revises, enhances and consolidates two Federal criminal law statutes into one comprehensive statute in order to deter, and more effectively punish, terrorist acts against railroad carriers and mass transportation providers.
Carter #4
Amends the Federal criminal code to apply the death penalty or life imprisonment for a terrorist offense that results in the death of a person.
Castle #19Requires the Secretary of the Department of Homeland Security to develop and issue detailed guidance for a rail worker security-training program to prepare front-line workers for potential threat conditions. This would codify and give the force of law to the Railroad Transportation Security Directive established by the Transportation Security Administration on May 2, 2004.
Castle #20
Eliminates civil liability barriers to donations of surplus firefighting equipment by raising the liability standard for donors.
Castle #45
Closes the Visa Waiver Program (VWP) loophole. Requires the Secretary of States to distinguish if the VWP countries have, or are developing, secure, biometrically-based visa systems.
Cox/Gibbons/Davis (VA) #38
Amends Chapter 97 of title 5, United States Code, by allowing the Secretary of Homeland Security to pay a lump-sum recruitment bonus of up to 50% of base pay to an individual for a position within the Directorate for Information Analysis and Infrastructure Protection (IAIP) that would otherwise be difficult to fill in the absence of such a bonus. The individual receiving a bonus shall enter into a written service agreement with the DHS to outline the period of service the individual shall be required to complete in return for the bonus. Allows a Civil Service Retirement and Disability Fund annuitant to be hired in a position within the DHSs IAIP Directorate without offset to the annuity.
Crowley #16
WITHDRAWN - Awards the 9-11 Heroes Medal of Honor to every Public Safety Officer who perished due to the terror attacks of September 11, 2001.
Cubin #10
Includes land-based intercontinental ballistic missiles (ICBMs) as high-risk qualifying criteria under Title V, Subtitle A - Faster and Smarter Funding for First Responders.
Flake/Bordallo/Bishop/Ryan (OH) #44
Creates an Intelligence Community Language and Education Officer within the Office of the National Intelligence Director. Responsible for assisting the new NID in establishing policies and procedures for foreign language education and training of personnel in the intelligence community.
Foley #23
Amends the Immigration and Nationality Act to provide for the inadmissibility and removability of aliens who have committed, ordered, assisted, incited, or otherwise participated in acts of torture of extrajudicial killings abroad.
Fosella/Stupak #37
Authorizes the Secretary of Homeland Security to issue three year letters of intent to commit future funding, as it becomes available from existing grant programs, for purposes of enhancing public safety interoperable communications pursuant to a five year interoperable communications plan.
Gingrey #12
Creates a new Unified Combatant Commander for Military Intelligence with the goal of creating a bridge between the new National Intelligence Director and the array of military intelligence entities, through direct budgetary authority and coordination to ensure all intelligence priorities are being properly resourced.
Goode/Paul #48
LATE - REVISED - 2nd REVISION- Authorizes the Secretary of Homeland Security to implement a program to allow pilots participating in the Federal flight deck officer program to transport their firearms on their person, and other provisions.
Goodlatte #17
Creates a rebuttable presumption that no amount of bail or other conditions would assure the appearance in court of a defendant when he is charged with a terrorist offense and there is probable cause that the defendant committed certain terrorist attacks. Helps to prevent further terrorist acts by giving judges the discretion to impose up to lifetime supervision of terrorists who have been convicted of terrorist offenses.
Goodlatte #18
Eliminates the visa lottery program from the Immigration and Nationality Act.
Green (WI)/Hostettler #25
Strengthens immigration law in regard to the inadmissibility and deportability of alien terrorists and their supporters. Provides that all terrorist-related grounds of inadmissibility would also be grounds of deportability. Makes attending a terrorist training camp an inadmissible and deportable offense. Strengthens the grounds of inadmissibility and deportability regarding providing money or other material support to a terrorist organization.
Hostettler #47
LATE - REVISED - Gives the Secretary of Homeland Security the authority to detain an alien pending removal who has been present in the U.S. for less than five years. Gives the Secretary the authority to detain an alien present in the U.S. for five years or more for 90 days beyond the termination of the removal order, and to continue to detain the alien until removed if the Secretary in consultation with the Attorney General certifies that the alien poses a danger to the community or is a flight risk.
Hyde #34
WITHDRAWN
Strikes Sections 3006, 3007, and 3032. If enacted, these sections would violate United States' obligations under two international agreements, the Conventions on Refugees and Torture. The credibility of the United States would be undermined in future negotiations with other nations concerning international agreements. It would also undermine the United States' strong position against the practice of torture, which, among other things, could put the nation's men and women in uniform at risk. The Committee on International Relations is deeply concerned about the ramifications for our national security if these provisions remain in the bill.
Hyde #40
Clarifies the agency and number of reports to be prepared for Congress on machine readable visas and travel history database feasibility issues. Requires the State Department to add at least 100 new consular officers per year for 4 years to address increased workload. Authorizes the Terrorist Travel and Human Smuggling and Trafficking Center. Amends the State Department Basic Authorities Act to enhance the public diplomacy responsibilities of the Secretary of State. Establishes a program to provide scholarships to persons in predominantly Muslim countries for universities in their regions that have been accredited by U.S. bodies. Requires a review of the State Department's intelligence bureau to determine whether it has the right organizational structure and resource policies. Gives the President discretionary authority to impose sanctions on foreign corporations and persons which either (a) aid state-sponsors of terrorism or terrorists, or (b) transfer to state-sponsors or terrorists, equipment and technology to produce nuclear weapon material or nuclear weapons.
Issa #1
REVISED - Combats social security fraud by requiring the Commissioner to develop a tamper-proof social security card. Places restrictions on issuance of multiple replacement cards and requires the Social Security Administration to develop an enumeration method for non-citizens not admitted for permanent residence and for individuals that have restrictions from work in the United States.
Kirk #9
REVISED
Requires the President to submit a report to the congressional intelligence committees detailing how the Drug Enforcement Administration can be integrated into the intelligence community. Although DEA Agents are gathering intelligence on al Qaedas involvement in narcoterrorism, currently they are not officially part of the intelligence community.
Lee #15
WITHDRAWN - Strengthens the conventions for the control of nuclear nonproliferation, the elimination of weapons of mass destruction, and their delivery systems.
Meeks #14
WITHDRAWN - Expresses that Congress recognizes that the private sector hospitality industry should prepare for future incidents of terrorism and natural disaster. It encourages the implementation of a program that includes security, protection, prevention, life safety, and emergency operations for their employees and those lodging in their facilities, as well as business continuity and restoration.
Menendez #27
Amendment in the nature of a substitute - Merges two bills endorsed by the 9/11 Commission: Collins/Lieberman (S. 2845) as reported from the Senate Government Affairs Committee, and McCain/Lieberman (S. 2774) as introduced on September 7. Establishes a National Intelligence Director and makes improvements in intelligence activities, modifies laws relating to intelligence community management, establishes diplomatic means and provides foreign aid to combat terrorism, provides an integrated screening system and improves counterterrorist travel intelligence, enhances transportation security, provides resources to improve national preparedness and assist local first responders, and establishes a Privacy and Civil Liberties Oversight Board.
Mica #49
LATE - REVISED - 2nd REVISION - Requires Immigration and Custom Enforcement (ICE) and Customs and Border Protection (CBP) to check international passenger names against the watchlist prior to the flight taking off. Assists passengers who are incorrectly placed on the A no fly list and terrorist watch lists. Authorizes the Secretary of Homeland Security to take such action as may be necessary to expedite the installation and use of advanced in-line baggage-screening equipment at commercial airports.
Millender-McDonald #5
WITHDRAWN - Directs the Secretary of Homeland Security to create a pilot program that encourages shipping handlers to seal empty shipping containers after they have unpacked them. Under this pilot program, the Secretary may authorize a shipper, cargo carrier, freight forwarder, terminal operator, port authority, or labor organization that is a qualified container handler to secure under a seal approved by the Secretary, a shipping container that is emptied by the person.
Miller (CA) #42
Establishes a timely and fair process for individuals identified as a threat to appeal the determination and correct any erroneous information. Includes a method by which DHS will be able to maintain a record of air passengers who have been misidentified. Prevents repeated delays of misidentified passengers by ensuring the record contain information determined by DHS to authenticate the identity of such a passenger.
Ose #24
Expedites construction of two gaps in the 14 mile long barrier at the San Diego border.
Platts #2
Establishes a Deputy National Intelligence Director for Finance. This individual would essentially be a Comptroller for the office of the NID, serving as the senior financial manager for the Directorate and reporting directly to the Director on all financial matters, including the preparation and execution of the budget.
Porter #28
Promotes the Special Assistant to the Secretary for the Private Sector to an Undersecretary of Homeland Security for the Private Sector and Tourism. Makes the Undersecretary for the Private Sector and Tourism liaise with the Commerce Department on ways to increase tourism to the United States. Requires the Office of State and Local Government in the Department of Homeland Security to keep the Undersecretary advised of any activities that impact the private sector.
Rogers (MI) #22
Provides, effective on or after the date of enactment, a locality pay adjustment for Federal Law Enforcement Officers located in 13 metropolitan areas. Pay locality adjustment sunsets on October 1, 2007.
Sessions #7
Establishes a zero tolerance policy towards the unlawful importation, possession, or transfer of shoulder fired guided missiles (MANPADS), atomic weapons, dirty bombs, and variola (smallpox) virus by making their unauthorized possession a federal crime carrying stiff mandatory penalties.
Shadegg #36
REVISED
Requires the Secretary of Homeland Security, in consultation with the heads of other appropriate Federal agencies, the National Association of State Chief Information Officers, and other stakeholders with respect to public warning systems, to conduct a pilot study under which the Secretary shall issue public warnings regarding threats to homeland security using the Amber Alert Web Portal Consortium, and report back within nine months on findings and recommendations.
Shays/Maloney #8
Amendment in the nature of a substitute - Inserts the language of H.R. 5150 and H.R. 5040. The substitute is consistent with the recommendations of the 9/11 Commission, and legislative language endorsed by the Commissioners and 9/11 family members. Title I incorporates language of the National Intelligence Reform Act, creating a National Intelligence Director (NID), a National Counterterrorism Center (NCTC), expanding the community-wide intelligence analysis capabilities of the new Terrorist Threat Integration Center to include developing interagency counterterrorism plans. It would create a Civil Liberties Board, as recommended by the 9/11 Commission, to ensure privacy and to ensure that civil liberties concerns are being protected as the President and executive agencies propose and implement policies related to efforts to protect the Nation against terrorism. Titles II through IX incorporate language of H.R. 5040, provisions consistent with 9/11 Commission recommendations and legislative language endorsed by Commissioners and 9/11 families on: information sharing, congressional reform, presidential transition, the role of diplomacy, foreign aid and the military in the war on terrorism, terrorist travel and effective screening, transportation security, national preparedness, and protection of civil liberties.
Simmons #6
Seeks to express the sense of Congress that the new National Intelligence Director (NID) should establish an Open Source Intelligence (OSINT) Center. Directs the NID to report to Congress whether or not an OSINT Center will be established and to justify the reasons for or against its establishment.
Smith (TX) #13
Makes clear that no claim can prevail that is based on the disclosure to the federal government of booking data pursuant to a program to enhance aviation security. It clarifies that any suit based on supplying passenger booking data to the federal government or its contractors would have to be heard in a federal court and that a party that supplies such data would have a complete defense to any such suit based on its compliance with, or actions taken in furtherance of, a government directive, order, rule, or other requirement to supply data in connection with a transportation security program.
Souder #29
REVISED - 2nd REVISIONDirects the Secretary of Homeland Security to ensure that all appropriate personnel engaged in security screening of individuals have access to law enforcement and intelligence information maintained by DHS. Provides Congress with an overview of all the agencies, databases, and other capabilities that exist within the Department involved in intelligence relating to terrorism, drug trafficking, illegal immigration, screening, investigations, and inspection of goods or individuals entering the United States. Requires the Secretary to submit a plan to Congress within 180 days on actions taken and plans in place to improve access and the flow of information.
Souder #30
REVISED - 2nd REVISIONPlaces the Office of Air and Marine Operations (AMO) directly under the Bureau of Customs and Border Protection (CBP). AMO would be headed by an Assistant Commissioner of CBP, who would report directly to the Commissioner.
Souder #43
WITHDRAWN Directs the Secretary of Homeland Security to develop a mechanism to connect the different information systems and intelligence from the agencies within the Border and Transportation Security Directorate and include access to information from other appropriate databases. Additionally, this information must be shared in an organized, real-time fashion with the Information Analysis division to analyze and to develop an accurate threat picture. Section B is a reporting requirement to provide Congress with an overview of all of the agencies, databases, and other capabilities that exist within the Department. Section C requires a plan on the steps the Secretary has taken to improve access and the flow of information, and also to look ahead on how to improve access to these systems. This amendment is directly related to the Commission recommendations made on page 388.
Tancredo #41
Authorizes the Secretary of Defense to assign members of the armed forces to assist the Department of Homeland Security in preventing the entry of terrorists, drug traffickers, and illegal aliens into the United States; and to assist in the inspection of cargo, vehicles, and aircraft at points of entry into the United States to prevent the entry of weapons of mass destruction, components of weapons of mass destruction, prohibited narcotics or drugs, or other terrorist or drug trafficking items.
Weiner #26
WITHDRAWN - Makes the hiring of personnel engaged exclusively in counterterrorism and intelligence activities eligible for funding.
Weiner #33
WITHDRAWN - Guarantees that areas that (1) have demonstrated a commitment to terrorism preparedness by taking significant action to prevent terrorism attacks since 9/11 and (2) are consistently referenced in intelligence information as a terrorism target, or have previously been the site of more than one terrorism attack, receive a minimum guarantee of 8.5% of the funds authorized for first responders.
Weldon #11 (FL)
Provides a temporary moratorium on visas for certain aliens from Algeria, Egypt, Lebanon, Saudi Arabia, Somalia, United Arab Emirates, Yemen, and any country designated as a state sponsor of terrorism for twelve months and until the National Intelligence Director certifies to Congress that provisions of Title III of the Act are implemented.
Weldon/Andrews #35 (PA)REVISED
Requires the Secretary of Homeland Security to establish a program that identifies and catalogs existing mutual agreements, disseminates examples of best practices in the development of such agreements, and inventories Federal response capabilities that State and local officials may utilize during a terrorist attack or other emergency.
* Summaries derived from information submitted by the amendment sponsors.

