S.Amdt. 1160Senate109th Congress (2005-2007)

To require a report on the Homeland Security Advisory System.

What it does: Adds Sec. 519.(a) Congress makes the following findings: on page 100, between lines 11 and 12
Sponsored by Harry ReidSen. Harry Reid (D-NV)
Submitted July 11, 2005

What it changes

1 change to H.R. 2360

Adds a section
  1. Adds Sec. 519.(a) Congress makes the following findings: on page 100, between lines 11 and 12

    Adds a sectionPrinted page

    Inserted: Sec. 519.(a) Congress makes the following findings:

    Inserted: (1) The Homeland Security Advisory System had been raised to threat level Code Orange, a level which indicates a high risk of terrorist attack, on six occasions since the Advisory System was created in March 2002, prior to the rasing of the threat level to Code Orange following the bombings that occurred in London on July 7, 2005.

    Inserted: (2) The Code Orange threat level remained in place for an average of 13 days on each of the first five occasions that it was raised to that level.

    Inserted: (3) The sixth elevation of the threat level to Code Orange occurred in August 2004 and ended 98 days later, making it four times longer than any other such alert and constituting half of the days that the United States has been under a high risk of terrorist attack.

    Inserted: (4) The Conference of Mayors estimates that cities in the United States spend some $70,000,000 per week to implement security measures associated with the Code Orange threat level.

    Inserted: (5) The recommendation to elevate the threat level is made by the Homeland Security Council, a group of Cabinet officials and senior advisors to the President and Vice President, (in this section referred to as the "Council").

    Inserted: (6) In May 2005, Secretary of Homeland Security Tom Ridge revealed that there was often considerable disagreement among the members of the Council as to whether or not the threat level should be raised.

    Inserted: (7) There remains considerable confusion among the public and State and local government officials as to the decision-making process and criteria used by the Council in deciding whether the threat level should be raised to Code Orange.

    Inserted: (b) Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study examining the six occasions in which the Homeland Security Advisory System was raised to Code Orange prior to July 2005 and submit to Congress a report on such study.

    Inserted: (c) The report required by subsection (b) shall include an explanation and analysis of the decision-making process used by the Council to raise the threat level to Code Orange in each of the six instances prior to July 2005, including--

    Inserted: (1) the criteria and standards used by the Council in reaching its decision;

    Inserted: (2) a description of deliberations and votes of the Council were conducted, and whether any of the deliberations and votes have been transcribed or were otherwise recorded in some manner;

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    Inserted: (4) an explanation for the decision, on the sixth occasion, for the threat level to remain elevated for 98 days, and what role, if any, staff of the White House played in the decision to raise the level on that occasion;

    Inserted: (5) a description of the direct and indirect costs incurred by cities, States, or the Federal Government after the threat level was raised to Code Orange on each of the six occasions; and

    Inserted: (6) the recommendations of the Comptroller General of the United States, if any, for improving the Homeland Security Advisory System, including recommendations regarding--

    Inserted: (A) measures that could be carried out to build greater public awareness and confidence in the work of the Council;

    Inserted: (B) whether the Council and the Secretary of Homeland Security could benefit from greater transparency and the development of more clearly articulated public standards in the threat level decision-making process;

    Inserted: (C) whether the current composition of the Council should be modified to include representatives from the States; and

    Inserted: (D) the measures that could be carried out to minimize the costs to States and municipalities during periods when the Homeland Security Advisory System is raised to level to Code Orange.

    Inserted: (d) The report required by subsection (b) shall be submitted in an unclassified form.

    Original wording

    On page 100, between lines 11 and 12, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

On page 100, between lines 11 and 12, insert the following:

Sec. 519.(a) Congress makes the following findings:

(1) The Homeland Security Advisory System had been raised to threat level Code Orange, a level which indicates a high risk of terrorist attack, on six occasions since the Advisory System was created in March 2002, prior to the rasing of the threat level to Code Orange following the bombings that occurred in London on July 7, 2005.

(2) The Code Orange threat level remained in place for an average of 13 days on each of the first five occasions that it was raised to that level.

(3) The sixth elevation of the threat level to Code Orange occurred in August 2004 and ended 98 days later, making it four times longer than any other such alert and constituting half of the days that the United States has been under a high risk of terrorist attack.

(4) The Conference of Mayors estimates that cities in the United States spend some $70,000,000 per week to implement security measures associated with the Code Orange threat level.

(5) The recommendation to elevate the threat level is made by the Homeland Security Council, a group of Cabinet officials and senior advisors to the President and Vice President, (in this section referred to as the “Council”).

(6) In May 2005, Secretary of Homeland Security Tom Ridge revealed that there was often considerable disagreement among the members of the Council as to whether or not the threat level should be raised.

(7) There remains considerable confusion among the public and State and local government officials as to the decision-making process and criteria used by the Council in deciding whether the threat level should be raised to Code Orange.

(b) Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study examining the six occasions in which the Homeland Security Advisory System was raised to Code Orange prior to July 2005 and submit to Congress a report on such study.

(c) The report required by subsection (b) shall include an explanation and analysis of the decision-making process used by the Council to raise the threat level to Code Orange in each of the six instances prior to July 2005, including--

(1) the criteria and standards used by the Council in reaching its decision;

(2) a description of deliberations and votes of the Council were conducted, and whether any of the deliberations and votes have been transcribed or were otherwise recorded in some manner;

(4) an explanation for the decision, on the sixth occasion, for the threat level to remain elevated for 98 days, and what role, if any, staff of the White House played in the decision to raise the level on that occasion;

(5) a description of the direct and indirect costs incurred by cities, States, or the Federal Government after the threat level was raised to Code Orange on each of the six occasions; and

(6) the recommendations of the Comptroller General of the United States, if any, for improving the Homeland Security Advisory System, including recommendations regarding--

(A) measures that could be carried out to build greater public awareness and confidence in the work of the Council;

(B) whether the Council and the Secretary of Homeland Security could benefit from greater transparency and the development of more clearly articulated public standards in the threat level decision-making process;

(C) whether the current composition of the Council should be modified to include representatives from the States; and

(D) the measures that could be carried out to minimize the costs to States and municipalities during periods when the Homeland Security Advisory System is raised to level to Code Orange.

(d) The report required by subsection (b) shall be submitted in an unclassified form.

Legislative Activity

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Senate amendment proposed (on the floor): Amendment SA 1160 proposed by Senator Gregg for Senator Reid.(consideration: CR S8279, S8280-8282; text: CR S8280)

July 14, 2005

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Senate amendment proposed (on the floor): Amendment SA 1160 proposed by Senator Gregg for Senator Reid.(consideration: CR S8279, S8280-8282; text: CR S8280)

July 14, 2005

Floor

Senate amendment agreed to: Amendment SA 1160 as modified agreed to in Senate by Unanimous Consent.

July 14, 2005

Floor

Amendment SA 1160 proposed by Senator Gregg for Senator Reid. (consideration: CR S8279, S8280-8282; text: CR S8280) To require a report on the Homeland Security Advisory System.

July 14, 2005

Floor

Amendment SA 1160 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S8280)

July 14, 2005

Floor

Senate amendment submitted

July 11, 2005