H.R. 10 - 9/11 RECOMMENDATIONS IMPLEMENTATION ACT

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Thursday, October 7, 2004 (legislative day of Wednesday, October 6, 2004).
FLOOR ACTION: ADOPTED BY VOICE VOTE on Thursday, October 7, 2004.
MANAGERS: LINDER/FROST
108th Congress
2nd Session

H.R. 10 - 9/11 RECOMMENDATIONS IMPLEMENTATION ACT

1. Structured rule.

2. Provides three hours and forty minutes of general debate on H.R. 10, with 40 minutes equally divided and controlled by the chairman and ranking minority member of the Permanent Select Committee on Intelligence, 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Armed Services, 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Financial Services, 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Government Reform, 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary, 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on International Relations, 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Transportation and Infrastructure, and 20 minutes equally divided and controlled by the chairman and ranking minority member of the Select Committee on Homeland Security.

3. Waives all points of order against consideration of the bill.

4. Provides that the amendment in the nature of a substitute consisting of the text of the Rules Committee Print dated October 4, 2004 shall be considered as an original bill for the purpose of amendment and shall be considered as read.

5. Waives all points of order against the amendment in the nature of a substitute consisting of the text of the Rules Committee Print.

6. Makes in order only those further amendments printed in the Rules Committee report accompanying the resolution.

7. Provides that the amendments printed in the report may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for a division of the question in the House or in the Committee of the Whole.

8. Waives all points of order against the amendments printed in the report.

9. Provides one motion to recommit with or without instructions.

10. Provides that upon passage of H.R. 10, and the Senate transmittal of S. 2845, the House shall be considered to have taken from the Speaker's table, S. 2845, stricken all after the enacting clause of such bill and inserted in lieu thereof the provisions of H.R. 10, as passed by the House.

11. Further provides that the House shall be considered to have passed the Senate bill as so amended, and insisted on its amendment and requested a conference with the Senate thereon.

12. Provides that the Speaker may appoint conferees on S. 2845 and the House amendment thereto at any time.

13. Provides that the motion to instruct conferees shall be in order only at a time designated by the Speaker in the legislative schedule within two additional legislative days after the passage of H.R. 10.

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 10) to provide for reform of the intelligence community, terrorism prevention and prosecution, border security, and international cooperation and coordination, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed three hours and 40 minutes, with 40 minutes equally divided and controlled by the chairman and ranking minority member of the Permanent Select Committee on Intelligence; 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Armed Services; 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Financial Services; 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Government Reform; 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary; 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on International Relations; 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Transportation and Infrastructure; and 20 minutes equally divided and controlled by the chairman and ranking minority member of the Select Committee on Homeland Security. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendments now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of the Rules Committee Print dated October 4, 2004. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. Upon passage of H.R. 10 and receipt of a message from the Senate transmitting S. 2845: (a) the House shall be considered to have: taken from the Speaker's table S. 2845; stricken all after the enacting clause of such bill and inserted in lieu thereof the provisions of H.R. 10, as passed by the House; passed the Senate bill as so amended; and insisted on its amendment and requested a conference with the Senate thereon; and (b) the Speaker may appoint conferees on S. 2845 and the House amendment thereto at any time.

Sec. 3. The motion to instruct conferees otherwise in order pending the appointment of conferees instead shall be in order only at a time designated by the Speaker in the legislative schedule within two additional legislative days after passage of H.R. 10.


SUMMARY OF AMENDMENTS MADE IN ORDER

(summaries derived from information provided by amendment sponsors)

1. Menendez #27
Amendment in the nature of a substitute.
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. 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. (60 minutes)

2. Simmons #6
Seeks to express the 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. (10 minutes)

3. Souder #29
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. (10 minutes)

4. Kirk #9
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. Although DEA Agents are gathering intelligence on al Qaeda's involvement in narcoterrorism, currently they are not officially part of the intelligence community. (10 minutes)

5. Sessions #7
Establishes a A "zero tolerance" policy towards the unlawful importation, possession, or transfer of shoulder fired guided missiles (MANPADS), atomic weapons, dirty bombs, and variola (smallpox) virus by making their unauthorized possession a federal crime carrying stiff mandatory penalties. (10 minutes)


6. Bonilla #39
Directs the Secretary of Homeland Security to increase Detention and Removal Operations (DRO) bed space for FY06 and FY07 by 2,500 beds each year. (10 minutes)

7. Capito #3 Revises, enhances and consolidates two Federal criminal law statutes into one comprehensive statute in order to deter, and more effectively punish, terrorist acts against railroad carriers and mass transportation providers. (10 minutes)

8. Carter #4
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. (10 minutes)

9. Castle #20
Eliminates civil liability barriers to donations of surplus firefighting equipment by raising the liability standard for donors. (10 minutes)

10. Foley #23
Amends the Immigration and Nationality Act to provide for the inadmissibility and removability of aliens who have committed, ordered, assisted, incited, or otherwise participated in acts of torture of extrajudicial killings abroad. (10 minutes)

11. Goodlatte #17
Creates a rebuttable 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. (10 minutes)

12. Green (WI)/Hostettler #25
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 inadmissible and deportable offense. Strengthens the grounds of inadmissibility and deportability regarding providing money or other material support to a terrorist organization. (10 minutes)

13. Hostettler #47
Modifies sections 3006, 3007, and 3032 of the bill. Modifies section 3006 by allowing any alien who is subject to expedited removal to ask for asylum. Modifies section 3007 to provide that aliens suspected of being terrorists by their home governments can receive asylum only if they can show that a central reason for the actions taken against them was animus on account of race, social group, sex, or political opinion. In order to protect the United States from aliens who threaten the national security or endanger the lives and safety of the American people, this amendment would replace section 3032 by substituting language providing that aliens who are barred from restriction on removal and who are ordered removed can be detained pending removal, in the Secretary of Homeland Security=s nonreviewable discretion. In making this determination, the Secretary should consider the length of sentence and severity of the offense, the loss and injury to the victim and the future risk the alien poses to the community. The replacement language would also require the Secretary of State to ensure the protection of an alien barred from restriction on removal, who has been ordered removed but otherwise given protection under the immigration law, prior to that alien's removal. (10 minutes)

14. Smith (NJ) #50
Strikes section 3006. Section 3006 requires expedited removal of aliens that have been present for less than 5 years without a hearing or future review. (10 minutes)

15. Smith (NJ) #51
Strikes section 3007. Section 3007 diminishes asylum rights and refugee protections. (10 minutes)

16. Barton #31
Sense of Congress that the only way to make additional broadcast spectrum available promptly for critical public safety needs is to eliminate the "85 percent penetration test" and make December 31, 2006 the date certain for return of the spectrum. (10 minutes)

17. Ose #24
Expedites construction of two gaps in the 14 mile long barrier at the San Diego border. (10 minutes)

18. Fossella/Stupak #37
Authorizes the Secretary of Homeland Security to issue three year letters of intent to commit future funding, as it becomes available from existing grant programs, for purposes of enhancing public safety interoperable communications pursuant to a five year interoperable communications plan. (10 minutes)

19. Weldon (PA)/Andrews #35
Requires the Secretary of Homeland Security to establish a program that identifies and catalogs existing mutual 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. (10 minutes)

20. Mica #49
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. Assists passengers who are incorrectly placed on the "no fly" list and terrorist watch lists. 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. (10 minutes)

21. Bartlett #21
Directs the Director 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 areas, including jurisdictions in Maryland and Virginia along Interstate Routes 270, 95, and 66; and (2) determine whether those jurisdictions should be taking actions to prepare for a terrorist attack in the Region, including the construction of necessary facilities, and if so, to make recommendations for appropriate funding. (10 minutes)

22. Shadegg #36
Requires the Secretary of Homeland Security, in consultation with the Attorney General, 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 may issue public warnings regarding threats to homeland security using a warning system that is similar to the AMBER Alert communications network, and report back within nine months on findings and recommendations. (10 minutes)

23. Porter #28
REVISED - Promotes the Special Assistant to the Secretary for the Private Sector to an Undersecretary of Homeland Security for the Private Sector and Tourism. Makes the Undersecretary for the Private Sector and Tourism liaise 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. (10 minutes)

TEXT OF THE AMENDMENTS(.pdf)

1. Menendez #27

2. Simmons #6

3. Souder #29

4. Kirk #9

5. Sessions #7

6. Bonilla #39

7. Capito #3

8. Carter #4

9. Castle #20

10. Foley #23

11. Goodlatte #17

12. Green (WI)/Hostettler #25

13. Hostettler #47

14. Smith (NJ) #50

15. Smith (NJ) #51

16. Barton #31

17. Ose #24

18. Fossella/Stupak #37

19. Weldon (PA)/Andrews #35

20. Mica #49

21. Bartlett #21

22. Shadegg #36