Summary of Amendments Submitted to the Rules Committee on
H.R. 5005, Homeland Security Act of 2002
(in alphabetical order)
Posted: Wednesday, July 24, 2002 (3:00p.m.)
Revised: Thursday, July 25, 2002 (6:30 a.m.)
Armey #68 WITHDRAWN
Armey #69
En Bloc Manager’s Amendment. Includes following amendments: Technical amendments requested by Energy and Commerce Committee; Technical amendments requested by Science Committee; Technical correction regarding Oil Spill Liability Trust Fund requested by Transportation and Infrastructure Committee; Technical amendments relating to DHS privacy officer; Technical correction relating to biological agent registration function requested by Agriculture Committee; Amendment to create a program to encourage and support innovative solutions to enhance homeland security (requested by Mr. Davis and Ms. Harman); an Amendment to enhance non-federal cybersecurity activities of Under Secretary for Information Analysis and Infrastructure Protection (requested by Science Committee); an Amendment to establish “NET Guard” program to promote volunteer activities in support of information technology protection activities (requested by Science Committee); an Amendment striking section 814 (relating to incidental transfers by the Director of OMB) requested by Appropriations Committee; Technical correction to section 761 to insert a proper reference; an Amendment inserting sense of Congress provision reaffirming the Posse Comitatus Act; and an Amendment clarifying that this Act preempts no state or local law, except that any preemption authority vested in agencies or officials transferred to DHS shall be transferred to DHS. It also includes an amendment inserting text of “Federal Information Security management Act of 2002” (recommended by Committee on Government Reform at request of Mr. Davis). This amendment would create a new Title XI in the H.R. 5005 to address Federal information security. It transfers to the DHS the computer information security standards currently promulgated by the Secretary of Commerce. The amendment has three significant effects. First, it would permanently reauthorize the agency-wide risk management information security approach in GISRA and eliminate GISRA’s two-year sunset. Second, it would strengthen reforms initiated by the existing Government Information Security Reform Act of 2000 (GISRA) by clarifying terms, correcting mistakes, and streamlining requirements. And finally, the amendment would require the development, promulgation, and compliance with minimum mandatory management controls for securing information. Includes Amendments to subtitle F of title VII (relating to liability management) intended to clarify availability of liability protections afforded by this title and an Amendment inserting a new section to reinstate liability cap for aviation screening companies under contract with the Transportation Security Administration or not disbarred.
Armey#70 WITHDRAWN.
Becerra #46 WITHDRAWN.
Bereuter #3
Authorizes the DHS to coordinate with the intelligence community in the tasking or establishment of priorities for the collection of foreign intelligence important for maintaining homeland security. Authorizes the DHS to request the collection of foreign intelligence by elements of the intelligence community authorized to undertake such collection.
Burton #47
Requires the Secretary of Homeland Security to develop a training program for consular officers to augment their capabilities in identifying potential homeland security or terrorist threats. Clarifies that Homeland Security officials assigned to consulates may conduct interviews of applicants.
Cardin #27
Preserves the existing Customs Service as a “distinct entity” within the DHS. The amendment does not affect the bill’s provisions which protect certain revenue and trade act enforcement functions of the Customs Service.
Chambliss #9
Directs that critical threat information be shared between federal law enforcement and intelligence agencies with state and local personnel, including granting security clearances to appropriate state and local personnel. Directs the President to develop procedures by which federal agencies will share homeland security information with state and local personnel and vice versa. Requires that any information that is shared must not be used for any unauthorized purpose and the procedures must ensure the security and confidentiality of the information as well as the removal or deletion of obsolete or erroneous information. Allows certain types of information to be shared with appropriate state and local offices consistent with guidelines issued by the Attorney General and Director of Central Intelligence.
Cox #52
Provides specific, illustrative examples of the types of critical cybersecurity infrastructure which the Undersecretary for Information Analysis and Infrastructure Protection must develop a plan to protect.
Cox #74 WITHDRAWN.
Cox #78 WITHDRAWN.
Crowley #63
Establishes a National Vaccine Authority Office within the Department to monitor and supervise vaccine production and distribution as well as produce a distribution plan for national emergencies.
Crowley #67
Authorizes the Secretary to establish a scholarship program for American minority students to encourage them to further their understanding of foreign cultures and languages and apply them to a career in the national security agencies of the U.S. government.
Cummings #36
Allows pharmacists and other qualified health workers, as designated by the DHS Secretary, to provide medical treatment by injections and/or medications resulting from terrorist emergencies.
Davis, Tom #80
Establishes a technology clearinghouse to encourage and support innovative solutions to enhance homeland security. Requires the Secretary to issue announcements seeking unique and innovative technologies that will advance the mission of the DHS. Establishes a technological assistance team to assist in screening these technologies and providing guidance to assist Federal, state, and local government in the use of these technologies. LATE
Davis, Tom #83
Expands the existing FOIA exemption in the homeland security legislation to other federal agencies as the Secretary of Homeland Security determines as appropriate. LATE
Davis,Tom/Turner #88
Indemnifies companies who sell anti-terrorism technologies to the federal government, as well as, state and local governments, in a manner similar to the protection afforded under P.L. 85-804. LATE
Davis, Tom #89
Creates a new title to address federal information security. Transfers to the DHS the computer information security standards currently promulgated by the Secretary of Commerce. Permanently reauthorizes the agency-wide risk management information security approach in Government Information Security Reform Act of 2000 (GISRA) and eliminates GISRA’s two-year sunset. Strengthens reforms initiated by the existing GISRA by clarifying terms, correcting mistakes, and streamlining requirements. Requires the development, promulgation, and compliance with minimum mandatory management controls for securing information. LATE
Davis (VA)/Burton #84
Allows DHS to implement a variety of enhanced management tools that will give it greater flexibility in its property management efforts. Requires reporting of certain property transactions in excess of $700,000. LATE
Deal/Tancredo #37
Urges states to cooperatively develop uniform standards for state drivers’ licenses.
DeLauro/Doggett/Neal/Maloney (CT)/Turner #15 Prohibits the DHS from entering into contracts with subsidiaries of publicly traded companies that have incorporated in tax haven countries. Provides a waiver if the President determines that the contract is in the interest of national security.
Engel #32
Seeks to control precursors to chemical weapons and implement accountability and traceability in the distribution process. Creates a licensing process in which any company that wants to sell Schedule 1 and 2 chemicals would need to obtain a license to do so, and any company or researcher wishing to purchase these chemicals would need to be licensed as well. Imposes appropriate fines and criminal penalties for non-compliance.
Frost #96
WITHDRAWN. Strikes Subtitle F of Title VII, the SAFETY Act. LATE
Harman #92
Expresses the sense of Congress that states should give a particular emphasis to funding trauma systems through bioterrorism preparedness grants authorized under PL 107-188. LATE
Harman/Shays/Chambliss #99
Creates a clearinghouse for private sector technologies in the DHS and charges the Undersecretary for Science and Technology with reviewing and disseminating information on the technology proposals as appropriate. LATE.
Hastings (FL) #1 REVISED.
Strikes subsection (b) of section 701, which grants the Secretary of the DHS the authority to prohibit the Inspector General from carrying out or completing any audit or investigation if the Secretary determines that such prohibition is necessary to prevent the disclosure of sensitive information and subsection (d) of section 701, which ensures the right of Congress to access information.
Hastings (FL) #2
Adds new section to title VII that directs the Secretary to comply with laws protecting equal employment opportunity and providing whistle blower protections. States that nothing in the Act shall be construed as exempting the DHS from the requirements that are applicable to all other executive agencies.
Hastings (FL) #97 WITHDRAWN.
Hooley #77
Requires DHS to study and report to Congress on the feasibility of requiring state DMVs to subscribe to the Social Security Administration’s Death Master File to prevent identity theft of the deceased.
Horn/Schakowsky/Shays #38
Elevates the position of Under Secretary for Management to the level of Deputy Secretary for Management.
Horn/Schakowsky #39
Requires the DHS Secretary to establish an Intergovernmental Coordinating Council made up of representatives of state and local governments, DHS officials, and other federal officials. The Council would provide a specific mechanism for state and local officials to communicate their perspectives and advice directly to DHS’ leadership.
Hostettler #42
Limits the U.S. Secret Service’s authority to cover special events of national significant (Olympics, Superbowl, etc.) to only those which the President or Vice President actually attends or plans to attend.
Hostettler #43
Provides that no new authority or functions may be transferred to the U.S. Secret Service, and that no new authority or functions may be added unless expressly provided by law.
Hostettler #44
Grants the Secretaries of the military departments the authority to approve National Security Letters independent of FBI approval in order to gather financial and communications information only on subjects within the military’s current investigative jurisdiction and only as part of their regular evidence-gathering duties for military counter-intelligence investigations (which include counter-terrorism and counter-espionage investigations).
Hunter #60
Sense of Congress that completion of the San Diego Border Fence Project is a priority of DHS. In addition, transfers authority from the AG to the DHS Secretary to utilize the environmental waivers in P.L. 104-208 (Sec.102(c)) with respect to the construction of the San Diego Border Fence.
Hunter #61
Requires DHS to implement, within 2 years, a mandatory inspection policy of all cargo delivered to the U.S. from a foreign country.
Israel #18
Creates an Advisory Committee for the Undersecretary for Science and Technology.
Issa #57
Requests a study on the effectiveness of the Border Patrol’s permanent interior checkpoints on Interstate 5 at San Clemente, CA, and Interstate 15 in Temecula, CA by the Attorney General.
Issa #62
Closes the Border Patrol’s permanent interior checkpoints on Interstate 5 at San Clemente, CA and Interstate 15 in Temecula, CA and retains the resources in the San Diego Sector.
Jackson-Lee #4
Establishes a fifth division within the DHS titled the Division of Immigration Affairs, with three subdivisions titled: Border Security; Immigration Services; and Visa Processing. Transfers the entire INS into the DHS. Provides that the Administration for Children and Families within the Department of Health and Human Services be the lead agency with responsibilities for unaccompanied alien children.
Jackson-Lee #5
Provides that minors in custody of the DHS are provided access to independent counsel within 24 hours and that the DHS ensures that the minor is afforded an opportunity to contact a parent or guardian within 48 hours and assists them in the process.
Jackson-Lee #14
Requires the Administrator of NASA to establish an office which would facilitate the utilization of NASA for contract and consultation work at the discretion of the Under Secretary for Science and Technology.
Jackson-Lee #45
Promotes the use of minority and women small businesses for goods and services.
Jackson-Lee #50
Ensures that research and development projects carried out under direction of the Secretary will be subject to anti-kickback enforcement, whistleblower protections, protections of minorities and small businesses, prohibitions of contracting with individuals who have been convicted of contract-related felonies, and a prohibition of federal funds used for lobbying or influencing contracts.
Jackson-Lee #91
Promote civil service protections of Homeland Security employees. Makes chapters 43, 71, 75, and 77 of Title 5 of the U.S. Code applicable to the DHS. LATE
Johnson, Eddie Bernice #17
Specifies how and when research done for the DHS is to be classified.
Kingston #86
Strikes Section 773 thus keeping the Federal Law Enforcement Training Center in the Department of the Treasury. LATE
Kingston #87
Ensures that if the Federal Law Enforcement Training Center is transferred to the Department of Justice, the Department of Justice will not alter the operations of the Center. LATE
Kucinich #65
Ensures that the Department of Homeland Security does not encourage or permit American citizens to spy on or inform on each other.
Kucinich #66
Encourages States to set minimum standards for training of private security officers by increasing non-emergency FEMA grants by 10% if they meet the minimum standards.
Maloney (NY) #33
Amends Title III & V to provide the Secretary of the DHS additional disaster relief options following a homeland security event. Requires OMB to track disaster aid. Clarifies and sets forth monitoring guidelines for the EPA and the CDC. Allows HHS to provide grants in advance of disasters for immediate response following a disaster.
Menendez #73
Seeks to require information sharing related to threats to homeland security both among federal agencies, state governments and local first responders, and internationally, as appropriate.
Millender-McDonald #100
Permits federal agencies to disclose information to federal, state, and local authorities with responsibilities for protecting the public health and safety and the common defense and security. States that information may not be withheld to conceal violations of law or to prevent or delay the release of information bearing on the public or worker health and safety. States that federal, state and local agencies shall not be constrained from taking any legally authorized actions to protect the common defense and security. LATE
Mink #75
Keeps FEMA out of DHS. Responsibility for coordinating preparedness and response to terrorist attacks would be transferred to DHS. FEMA and DHS would enter into a cooperative agreement to clarify the duties of each agency.
Morella #40
Allows existing employees transferred into DHS, who have the same job responsibilities, to still belong to a union. If their responsibilities changed so they were directly involved in the war on terrorism, they could be exempted from being part of a union by the President. Those employees or units that did not have union representation before the transfer would not be granted any extra protections by this amendment.
Oberstar/Menendez #55
Strikes sec. 409 of the bill (Extension of Airline Baggage Screening Deadline).
Oberstar/Costello/Roemer #56
Retains FEMA as an independent agency with responsibility for natural disaster preparedness, response, and recovery.
Ose/Tierney #6
Requires the DHS to issue common rules on transportation security with the Department of Transportation’s model units: the FAA for air transportation, Federal Highway Administration for highways and bridges, Federal Railroad Administration for mass transit, and the Maritime Administration for seaports. Requires the DHS to issue common rules on nuclear security with the Nuclear Regulatory Commission.
Ose #7
Requires the Under Secretary of Management to develop a plan, within one year, to consolidate and co-locate regional and field offices in each of the cities with any existing regional or field office transferred to the DHS.
Ose/Tierney #8
Requires the DHS to consult with the Treasury Department’s ATF and the Justice Department’s DEA on border security. Requires the transferred part of APHIS to coordinate with parts of APHIS remaining in the Agriculture Department. For the purpose of emergency preparedness and response, the amendment requires the DHS to consult the Defense Department’s National Guard, the Interior Department’s Bureau of Reclamation for dams, the Transportation Department’s Research and Special Programs Administration for hazmat safety, and the Nuclear Regulatory Commission.
Otter #24
Requires the Secretary of Homeland Security to issue a report to the Congress enumerating those law enforcement authorities made possible by the USA Patriot Act of 2001. After the report is issued, no federal agency may use any of those authorities without the permission of the Secretary.
Paul #34
Prohibits the development of a national identification system or card.
Paul #35
Repeals a section of the bill which allows the DHS Secretary to transfer up to 2% of appropriated funds between agencies without the consent of Congress.
Paul #71
Prohibits student and diversity visas to nationals of countries that support acts of terrorism.
Paul #72
Prohibits the issuance of student visas to nationals of Saudi Arabia.
Pelosi #93
Deletes the entire human resources which exempt employees of the new Department from section of Title 5. Provides that federal employees transferred to the new agency could not have their pay reduced. Provides that the President could not strip an agency’s employees of collective bargaining rights with regard to agencies transferred to the Department unless their functions changed. LATE
Putnam #58
Clarifies the transfer of existing legal authority and reporting responsibilities on port security from DOT (primarily the Coast Guard) to DHS.
Quinn #82
Clarifies worker rights in section 761.
Riley #30
Encourages the Secretary of Homeland Security to designate the Center for Domestic Preparedness (CDP), located at Ft. McClellan, AL, as the national center for training the Nation’s first responders in confronting terrorist attacks with weapons of mass destruction.
Riley #31
Directs the Secretary of Homeland Security to designate the Center for Domestic Preparedness (CDP), located at Ft. McClellan, AL, as the national center for training the Nation’s first responders in confronting terrorist attacks with weapons of mass destruction.
Rivers #16
Creates an Office of Inquiries within the Department of Science and Technology which would act as a point of entry for individuals or companies seeking guidence on how to pursue proposals to develop or deploy products that would contribute to homeland security.
Roemer # 10
Replaces title II of the bill with the text of section 132 and section 133 of the of the substitute to S. 2452 regarding the Directorate of Intelligence and the Directorate of Critical Infrastructure Protection of the DHS.
Roemer #11
Prohibits the transfer of the FEMA into the DHS.
Roemer #12
Requires executive agencies to share “raw data” relating to threats of terrorism with the Secretary of the DHS.
Roemer #13
Creates an independent commission to investigate events surrounding the September 11, 2001 terrorist attacks against the United States of America.
Rogers (KY) #41
Grants permissive authority to the DHS Secretary for the creation of a Joint Interagency Homeland Security Taskforce.
Rush #25
Establishes within the Office of the Secretary an office to oversee and coordinate developmental programs for and relationships with State and local governments.
Rush #26
Establishes a National Advisory Board responsible for providing the Secretary with information on the needs and relationships between the Department and State and local governments. The Board would consist of members representing a variety of first responders, as well as local and State governmental interests.
Schakowsky/Kucinich/Mink #51
Strikes Subtitle C of Section VII. Strikes Section 762 from the bill and replaces with language that provides remedies for retaliation against whistleblowers.
Shays #21
Formalizes in statute the process the administration has undertaken to assess the threat, formulate a strategy to meet the threat and restructure government to implement the strategy. Requires the President to develop a comprehensive strategy to guide DHS and all other federal agencies in setting planning and spending priorities. Based on a proposal introduced by Rep. Ike Skelton of the Armed Services Committee.
Shays #22
Strengthens the link between DHS and the intelligence community. Directs the Director of CIA to provide “full assistance and support” to the DHS Secretary. Makes explicit the obligation, only implicit in the current text, of the CIA Director to support homeland security intelligence requirements.
Shays/Watson #23
Requires biennial reports to Congress on the status of homeland security preparedness, including a report on each state. Requires a report to Congress, within one year of enactment, ensuring the maintenance of core functions transferred to the DHS and recommending statutory changes to facilitate implementation of the reorganization effort.
Shays #85 REVISED.
Similar to the Morella amendment approved by the Government Reform Committee, except for an additional section stating that the provisions of the amendment would not apply where the President determines in writing that such application would have a substantial adverse impact on the Department’s ability to protect homeland security.
Smith, L. (TX) #29
Strengthens cybercrime penalties; protects internet service providers from liability; and establishes the Office of Science and Technology as an independent office within the Department of Justice.
Smith, C. (NJ) #81 WITHDRAWN.
Tauzin #102
Technical amendment to clarify application of savings clause by identifying specific section (section 305(c)) providing new regulatory authority.
Tiahrt #76
Attaches the provisions of the Arming Pilots Against Terrorism Act (H.R. 4635) to the bill.
Tiahrt #101
Mandates the the posse Comitatus Act is in no way modified, altered or moderated with the establishment of the Department of Homeland Security. LATE
Turner #79
Adds to the duties of the Undersecretary for Management responsibility for the security of managed identity and authentication systems, and the storing and sharing of data. LATE
Velazquez/Issa/Wilson #49
Ensures that the Department of Homeland Security has procurement goals for small businesses that are no less than the statutory minimum. Ensures that those employees responsible for this goal attainment have a corresponding criteria in their performance evaluations.
Vitter #59
Adds criminal penalties of not more than 3 years, a fine, or both for the unauthorized disclosure of classified information received by the DHS.
Wamp #28
Adds another criteria (Affiliation with Department of Energy laboratories) for the Secretary to consider when selecting colleges or universities as centers for Homeland Security.
Watson/Horn #48
Creates a framework for the distribution of assistance to children who lose a parent as a result of a terrorist attack. Provides that the Secretary of Homeland Security will be responsible for setting rules and policies governing the fund, within the framework set in the legislation.
Watts #98
Sense of Congress that August would be an appropriate month to recognize and designate as Community Security Month. LATE
Waxman/Frost #90
Provides that the President could not strip an agency’s employees of collective bargaining rights with regard to agencies transferred to the Department unless their functions changed. LATE
Waxman #94
Codifies and strengthens the White House Office of Homeland Security which was established by executive order in October, 2001.LATE
Waxman/Frost #95
Deletes the entire human resources which exempt employees of the new Department from Title 5. Provides that federal employees transferred to the new agency could not have their pay reduced. Strengthens whistleblower protections. LATE
Weldon (FL) #53
Amends section 403 of the bill to allow the Secretary of Homeland Security to issue regulations, policies and procedures, without going through the Secretary of State to do so. Requires that the Secretary of Homeland Security deploy personnel to embassies and consulates to oversee visa issuance unless the Secretary determines, based on homeland security consideration, that it is not necessary. Allows the Secretary to appraise the performance of consular officers with respect to visa issuance and requires these performance appraisals to be used by the Secretary of State in employee evaluations.
Weldon (FL) #54
Amends Sections 402 and 403 of the bill to transfer the visa office from the Department of State to the DHS. Provides for a two-year transition period during which the Foreign Service officers issuing visas would be detailed to the DHS while new DHS personnel are trained and deployed abroad. Preserves the Secretary of State’s authority to deny a visa based in the national interest of the U.S. Prohibits judicial review of consular decisions to refuse a visa.
Woolsey #19
Adds a new section to the bill creating a Homeland Security Institute as a federally-funded research and development center.
Woolsey #20
Replaces the current federally-funded research and development center with a Homeland Security Institute.
Young (AK) #64
Restores the Federal Emergency Management Agency as an entity. Ensures that FEMA carries out all of its statutory missions, not just those related to homeland security. Continues FEMA’s role as the lead agency for the Federal Response Plan established under Executive Order 12148 and 12656.
* Summaries derived from information submitted by the amendment sponsors.
**Numbering system used for Rules Committee purposes only.
