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# 

### October 7, 2004

### Amendments Made in Order to the

### 9/11 Recommendations Implementation Act (H.R. 10)

The following are amendments to H.R. 10 that are made in order under the
structured rule (H.Res. 827). The rule provides for three hours and
forty minutes of general debate. Debate time for all amendments is [10
minutes each]{.underline} (equally divided between proponent and
opponent), except for the first amendment in the sequence, the Menendez
Amendment in the Nature of a Substitute, which is debatable for [60
minutes]{.underline} (equally divided).

**[Note]{.underline}** that the rule also provides that, upon passage of
H.R. 10 and the Senate transmittal to the House of S. 2845, the House
would be considered to have taken S. 2845 from the Speaker's table,
stricken all after the enacting clause, and inserted the provisions of
the House-passed H.R. 10. The House would then be considered to have
passed the Senate bill as amended with the text of H.R. 10 and to have
requested a conference on the differing versions of S. 2845. The rule
provides that the Speaker could appoint conferees on S. 2845 at any time
and that the motion to instruct conferees would only be in order at a
time designated by the Speaker within two legislative days of the
House's passage of H.R. 10.

All amendment summaries below were derived from the summaries provided
by the Rules Committee but are adjusted, as appropriate, to reflect the
actual text of each amendment.

Outcomes are indicated in **red bold** after each summary.

RSC Staff Contact: Paul Teller, <paul.teller@mail.house.gov>, (202)
226-9718

**1) [Menendez Amendment in the Nature of a Substitute]{.underline}.**
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. **[Does NOT
include the border security provisions in H.R. 10]{.underline}**.
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. **FAILED 203-213**

**2) [Simmons]{.underline}.** Expresses a 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. **AGREED TO BY VOICE VOTE**

**3) [Souder]{.underline}.** Directs 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. **AGREED TO 410-0**

[]{.mark}

**4) [Kirk]{.underline}.** 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. **AGREED TO 414-0**

**5) [Sessions]{.underline}.** Establishes a zero-tolerance policy
toward the unlawful importation, possession, or transfer of
shoulder-fired guided missiles (MANPADs), atomic weapons, dirty bombs,
and variola (smallpox) virus by making their unauthorized production,
acquisition, possession, transfer, or use a federal crime carrying stiff
mandatory penalties (including multimillion dollar fines, 30-year prison
sentences, and the possibility of life imprisonment or the death
penalty). **AGREED TO 385-30**

[]{.mark}

**6) [Bonilla]{.underline}.** Directs the Secretary of Homeland Security
to increase Detention and Removal Operations (DRO) bed space for FY2006
and FY2007 by at least 2,500 beds each year. **AGREED TO BY VOICE VOTE**

**7) [Capito]{.underline}.** Revises, enhances and consolidates two
federal criminal law statutes into one statute in order to deter, and
more severely punish, terrorist acts against railroad carriers and mass
transportation providers. Increases to 20 years the maximum prison
sentence for terrorist attacks on or near trains and other mass
transportation features (such as tunnels, bridges, etc.). **AGREED TO BY
VOICE VOTE**

[]{.mark}

**8) [Carter]{.underline}.** 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. Makes such offenders permanently
ineligible for federal benefits of any kind. Allows for the application
of the federal death penalty in certain air piracy cases occurring
before the enactment of the Federal Death Penalty Act of 1994 in certain
limited cases. **AGREED TO 344-72**

[]{.mark}

**9) [Castle]{.underline}.** Eliminates civil liability barriers to
donating surplus firefighting equipment by raising the liability
standard for donors (not including manufacturers and exempts negligence
and intentional misconduct). **AGREED TO BY VOICE VOTE AS PART OF *EN
BLOC***

[]{.mark}

**10) [Foley/ Ackerman]{.underline}.** Amends the Immigration and
National Act to provide for the inadmissibility and deportability of
aliens who have committed, ordered, assisted, incited, or otherwise
participated in acts of torture, extrajudicial killings, severe
violations of religious freedom, or other atrocities abroad. Creates an
Office of Special Investigations in DoJ (authorized at "such sums") to
investigate and take legal action against such aliens. **AGREED TO BY
VOICE VOTE**

[]{.mark}

**11) [Goodlatte]{.underline}.** Creates a refutable 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. **AGREED TO 333-84**

[]{.mark}

**12) [Green (WI)/Hostettler]{.underline}.** 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 offense rendering the offender inadmissible
to and deportable from the U.S. Strengthens the grounds of
inadmissibility and deportability regarding the provision of money or
other material support to a terrorist organization. **AGREED TO
283-132**

**13) [Hostettler]{.underline}.** 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. **AGREED TO BY VOICE VOTE**

**14) [Smith (NJ)]{.underline}.** Strikes section 3006 of the underlying
bill, which would require the expedited removal of aliens that have been
deemed inadmissible to the U.S. and have not been in the U.S.
continuously for five years. **FAILED 203-210 (SEPARATE VOTE AFTER FIRST
BEING AGREED TO 212-203)**

**15) [Smith (NJ)]{.underline}.** Strikes section 3007 of the underlying
bill, which would increase the burden of proof for an alien to claim
asylum. **FAILED 197-219**

[]{.mark}

**16) [Barton]{.underline}.** Expresses a sense of Congress that the
only way to make additional broadcast spectrum available promptly for
critical public safety needs is to eliminate the 85% penetration test
and make December 31, 2006 the date certain for return of the spectrum.
**AGREED TO BY VOICE VOTE AS PART OF *EN BLOC***

**17) [Ose/Hunter/Cunningham/McKeon]{.underline}.** Expedites
construction of two gaps in the 14-mile barrier at the San Diego border.
**AGREED TO 256-160**

[]{.mark}

**18) [Fosella/Stupak]{.underline}.** Authorizes the Secretary of
Homeland Security to issue three-year letters of intent to commit future
funding (up to \$150 million a year), as it becomes available from
existing grant programs, for purposes of enhancing public safety
interoperable communications, pursuant to a five-year interoperable
communications plan. **AGREED TO BY VOICE VOTE AS PART OF *EN BLOC***

**19) [Weldon (PA)/Andrews]{.underline}.** Requires the Secretary of
Homeland Security to establish a program that identifies and catalogs
existing mutual aid 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. **AGREED TO 415-0**

[]{.mark}

**20) [Mica]{.underline}.** Requires Immigration and Custom Enforcement
(ICE) and Customs and Border Protection (CBP) to check international
passenger names against the watch-list prior to the flight taking off.
Provides for appeals for passengers who are incorrectly placed on the
no-fly-list and terrorist watch-lists and orders the maintaining of a
list of misidentified passengers. 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. **AGREED TO BY VOICE VOTE AS PART OF *EN BLOC***

[]{.mark}

**21) [Bartlett]{.underline}.** Directs the Secretary 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 nearby areas; (2) determine whether those jurisdictions
should be taking actions (including the construction of necessary
facilities) to prepare for a terrorist attack in the Region; and (3)
make recommendations for appropriate funding, if necessary. **AGREED TO
BY VOICE VOTE**

**22) [Shadegg]{.underline}.** Requires the Secretary of Homeland
Security, in consultation with the Attorney General, 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
would issue public warnings regarding threats to homeland security using
a warning system similar to the AMBER Alert communications network, and
to report back within nine months on findings and recommendations.
**AGREED TO BY VOICE VOTE AS PART OF *EN BLOC***

**23) [Porter]{.underline}.** Promotes the Special Assistant to the
Secretary for the Private Sector to an Undersecretary of Homeland
Security for the Private Sector and Tourism. Directs the Undersecretary
for the Private Sector and Tourism to work 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. **AGREED TO BY VOICE VOTE**

RSC Staff Contact: Paul Teller, <paul.teller@mail.house.gov>, (202)
226-9718