HB 4176 STEELE AND MILLER AM #1

Reese  3133

Delegates Steele and Miller move to amend the committee substitute on page one, line eight, after “Provided”, by striking the following,  “That under no circumstances shall any private sector persons, organizations, entities, or agencies utilizing or collaborating with the Fusion Center be a contract operator for any federal intelligence agency.”, and inserting in lieu thereof the following,  “That the Fusion Center shall not knowingly allow a contractor for a federal intelligence agency work inside of the Fusion Center.”;

AND,

On page one, line eighteen, after the word, “transnational”, by inserting the words, “or domestic”;

AND,

On page two, line twenty-two, after “States,”  by striking the following, “including but not limited to, 50 U.S.C. §3036(d) and Executive Order 12333 (December 4, 1981, as amended by Executive Orders 13284 (2003), 13355 (2004) and 13470 (2008));” ;

AND,

On page three, line twelve, after the word “§3036(d)”, by inserting a period and striking out the following, “and Executive Order 12333 (December 4, 1981, as amended by  Executive Orders 13284 (2003), 13355 (2004) and 13470 (2008)).”;

AND,

One page 3, line 27, following the word, “Provided”, by striking out the following, “That under no circumstances shall any private sector persons, organizations, entities, or agencies utilizing or collaborating with the Fusion Center be a contract operator for any federal intelligence agency.”, and replace it with, “That the fusion center shall not knowingly allow a contractor for a federal intelligence agency work inside of the Fusion Center.”

AND,

On page four, line forty-four, after the word, “States,” by striking the words, “including but not limited to, 50,”;

AND,

On page four, line forty-five, after “3036(d)” by striking the words, “and Executive Order 12333 (December 4, 1981, as amended by Executive Orders 13284 (2003), 13355 (2004) and 13470 (2008) (2008))”;

AND,

On page four, line sixty-two, after the word, “3036(d)”, by striking the words, “and Executive Orders 13284 (2003), 13355 (2004) and 13470 (2008))”;

AND,

On page five, line seventy-nine, after the word, “3036(d)”, by striking the words, “and Executive Order 12333 (December 4, 1981, as amended by Executive Orders 13284 (2003), 13355 (2004) and 13470 (2008))”;

AND,

On page six, line one-hundred and four, after the word “counsel”, add the words, “and staff”;

AND,

On page six, line one-hundred and eight, strike the word, “commission”, and replace it with the word, “committee”;

AND,

On page six, line one-hundred and eleven, after the word, “members”, by inserting the words, “counsel, and staff”.

AND,

On page six, line one-hundred and fourteen, after the word, “members”, by inserting the words, “counsel, and staff”.

AND,

On page seven, line one-hundred and eighteen, after the word “time,” by inserting the words, “during normal business hours”;

AND,

 On page seven, line one-hundred and eighteen, after the word “counsel,” by inserting the words, “and staff”;

AND,

On page eight, line one-hundred and fifty, after the word, “That”, strike the word, “is”, and insert in lieu thereof, the word, “if”;

AND,

On page eight, line one-hundred and fifty, after the word, “classified”, insert the words “,or security, or law enforcement sensitive that would compromise an investigation”;

AND,

On page ten, line thirty-six, after the word, “3036(d)”, by striking the words, “and Executive Order 12333 (December 4, 1981, as amended by Executive Orders 13284 (2003), 13355 (2004) and 13470 (2008))”.

AND,

On page eleven, line fifty-three, after the word, “3036(d)”, by striking the words, “and Executive Order 12333 (December 4, 1981, as amended by Executive Orders 13284 (2003), 13355 (2004) and 13470 (2008))”.

AND,

On page twelve, line seventy, after the word, “3036(d)”, by striking the words, “and Executive Order 12333 (December 4, 1981, as amended by Executive Orders 13284 (2003), 13355 (2004) and 13470 (2008))”.

            AND,

On page twelve, line six, after the word “Provided,” strike the language, “That with regard to any Fusion Center intelligence gathering activity or operation against a U.S. citizen related to alleged terrorism, such allegation must be vetted and confirmed by procedures substantially in compliance with those set forth in the Federal Bureau of Investigation memorandum dated April 5, 2001 by Michael J. Woods of the Office of General Counsel titled “Foreign Intelligence Surveillance Act Procedures to Ensure Accuracy.”; and, insert the following language, “That with regard to any Fusion Center intelligence or information gathering activity or operation against a U.S. Citizen related to alleged terrorism or violation of a law, such allegation must be vetted and confirmed by procedures substantially in compliance with those set forth in laws, rules, and regulations, developed in accordance with 50 U.S.C. §3036(d).”

Approved_________

Rejected__________