Legislative Update on the War Against
Terrorism
By Stephen T. Fields
The tragic events of September 11, 2001, have provided an impetus toward
counter-terrorism and emergency management legislation in the United States.
Attorney General John Ashcroft, at a meeting with Congressional leaders,
stated that “we need every tool that is available to us to curtail the
possibility of additional terrorists acts". This statement
has been the focal point of the Congress and executive branch. The present
counter-terrorism and emergency management legislation available has sought
to enact Federal, state, and local funding to combat terrorism.
The President’s budget, scheduled to be released on February 4, 2002,
will allocate a major portion to defend America and to fight terrorism.
The budget to fight terrorism is estimated to be at least $30 billion,
which will double spending on homeland security.
Many of the bills that have been introduced encourage federal programs
to prepare state and local governments for dealing with domestic terrorist
attacks. There are other bills that focus on military threats to
America’s homeland security. Two pieces of legislation introduced
by both the Senate and House during the 107th session seek to strive for
an international consensus with Israel for support to the end of terrorist
attacks.
Each of these bills is diverse, and seeks to address one or more aspects
of terrorism. There are nearly fifty legislative bills in this area
that were introduced, issued, or signed into law by the 107th Congress
within the past year. The following table illustrates five examples
of counter-terrorism and emergency management legislation, the current
status, and a brief synopsis. An explanation of why each piece of
legislation was introduced is also provided in the table.
Legislation Number Current status of the Legislation Synopsis of Proposed
Legislation
H. R. 28961(The Anti-Terrorism Act of 2001) This bill was introduced
on 9/14/2001 by Rep. Paul Ron. The bill was referred to the House Committee
on Transportation and Infrastructure. The bill was then referred to the
subcommittee on Aviation on 9/17/2001. The goal of the bill
is to provide for the safety of United States aviation and the suppression
of terrorism.
1Congress had four main reasons for proposing H. R. 2896. The
following reasons were:
(1) On September 11, 2001, terrorists hijacked 4 civilian aircraft, crashing
2 of the aircraft into the towers of the World Trade Center in New York
City, New York, and another of the aircraft into the Pentagon outside of
Washington, D.C. The fourth plane crashed in Pennsylvania.
(2) Thousands of innocent people were killed or injured as a result of
these attacks, including the passengers and crews of the 4 aircraft, workers
in the World Trade Center and in the Pentagon, rescue workers, and bystanders.
(3) These attacks destroyed both towers of the World Trade Center, as well
as adjacent buildings, and seriously damaged the Pentagon.
(4) These attacks were by far the deadliest terrorist attacks ever launched
against the United States.
S.17512(Terrorism Risk Insurance Act of 2001) Sen. Phil Gramm introduced
the bill on 11/30/01. The bill was read twice and referred to the
Committee on Banking, Housing, and Urban Affairs. This bill
will promote the stabilization of the economy by encouraging financial
institutions to continue to support economic development, including development
in urban areas, through the provision of affordable insurancecoverage against
acts of terrorism, and for other purposes.
2 The purpose of this Act is to establish a temporary Federal program
that provides for ashared public and private compensation system for insured
losses resulting from acts of terrorism that seek to
(1) protect consumers by addressing market disruptions and ensure the continued
widespread availability and affordability of property and casualty insurance
for terrorism risk; and
(2) allow for a transitional period for the private markets to stabilize,
resume pricing of such insurance, and build capacity to absorb any future
losses, while preserving State insurance regulation and consumer protections.
H.R. 5253(Preparedness Against Domestic Terrorism Act of 2001) Rep.
Wayne Gilchrest introduced the bill on 2/8/2001. The bill was
ordered to be reported by voice vote on 11/7/2001.
This Act seeks to amend the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to provide for improved Federal efforts to prepare for and
respond to terrorist attacks, and for other purposes.
3 This Act amends the Robert T. Stafford Disaster Relief and
Emergency Assistance Act to include snow droughts, acts of terrorism or
other catastrophic events within its definition of "major disaster" for
purposes of authorized disaster relief. This act serves to attain
the following objectives: · Requires the President to be responsible
for carrying out Federal emergency preparedness plans and programs.
This includes a domestic terrorist attack involving a weapon of mass destruction.·
Requires the President to ensure that Federal response plans and programs
are adequate to respond to the consequences of terrorism directed against
a target in the United States. Includes the development of equipment, clothing,
and facilities within authorized preparedness measures.· Repeals
provisions of the Act which: (1) allow State preparedness funds to be used
to prepare for hazards and for providing emergency assistance in response
to hazards; and (2) require the FEMA Director to establish emergency preparedness
security regulations.
H.R.33574(Terrorism Risk Protection Act) Rep. Richard Armey introduced
this bill on 11/28/01. This bill was referred to the Committee on Financial
Services, and the Committees on the Judiciary, Ways and Means, and the
Budget on 11/28/01. The Speaker will decide which provisions fall
within the jurisdiction of the committee concerned. The purpose of the
bill is to ensure the continued financial capacity of insurers to
provide coverage for risks from terrorism, and for other purposes.
This bill is particularly crucial to ensure that financial stability is
provided for commercial property. This bill was proposed in response
to the World Trade Center incidents of September 11, 2001.
4This bill establishes more power to the Secretary of the Treasury
to implement a financial assistance program for commercial property and
casualty insurers when industry-wide insured losses from acts of terrorism
exceed $1 billion.This bill expresses the awareness of Congress that acts
of terrorism resulting in insured losses greater than $100 billion would
necessitate further action by the Congress to address such additional losses.
H. CON. RES. 2805(Expressing solidarity with Israel in the fight against
terrorism) Rep. Henry J. Hyde introduced this resolution on 12/4/01.
This resolution was referred to the Senate committee on 12/6/01.
This bill is expressing support with Israel in the fight against terrorism.
5 This resolution condemns the terrorist attacks resulting in the death
of 26 and the wounding of at least 175 innocent people in Israel within
14 hours during December 1-2, 2001. On January 27, 2002, a Palestinian
woman became the first female to launch a bomb attack against Israel, killing
herself and an 81-year-old Israeli man and wounding at least a dozen people
on a busy Jerusalem street. The attack came two days after a Palestinian
suicide bomber killed himself and wounded 24 people in a pedestrian mall
in Israel.
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