H8978 CONGRESSIONAL RECORD — HOUSE October 8, 2004 NOT VOTING—17 The SPEAKER pro tempore. The Last month, this Chamber, Mr. Ballenger Kaptur Ortiz Clerk will report the motion. Speaker, overwhelmingly rejected an Boehlert Lipinski Paul The Clerk read as follows: attempt to overturn the Department of Filner Majette Slaughter Mr. Gutierrez moves that the managers on Treasury regulations that permit Gephardt Matsui Tauzin the part of the House at the conference on matricula consular identification cards Hinojosa Meek (FL) Towns the disagreeing votes of the two Houses on Jones (NC) Norwood the House amendment to the bill S. 2845 be to be used in banking transactions. The ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE instructed to recede from its amendment to House stripped the provision from the The SPEAKER pro tempore (Mr. the bill (particularly sections 3005, 3006, 3007, bill by adopting an amendment to H.R. HASTINGS of Washington) (during the 3008, 3009, 3032, 3051, 3052, 3053, 3054, 3055, and 5025 that was offered by the gentleman vote). Members are advised that 2 min- 3056 of its amendment) and concur therein. from Ohio (Mr. OXLEY), the House Com- utes remain in the vote. The SPEAKER pro tempore. Pursu- mittee on Financial Services chair- ant to clause 7 of rule XXII, the gen- man. The House adopted the Oxley 1551 b tleman from Illinois (Mr. GUTIERREZ) amendment on September 14 by a vote So the bill was passed. and the gentleman from Indiana (Mr. of 222 to 177. Clearly, we should not re- The result of the vote was announced HOSTETTLER) each will control 30 min- visit this. It has been visited not once, as above recorded. utes. but at least on three occasions. A motion to reconsider was laid on The Chair recognizes the gentleman Section 3006. This section greatly ex- the table. from Illinois (Mr. GUTIERREZ). pands the use of expedited removal in Stated against: Mr. GUTIERREZ. Mr. Speaker, I the United States. It would be espe- Mr. FILNER. Mr. Speaker, on rollcall No. yield myself such time as I may con- cially harmful for women and children 523, I was in my congressional district on offi- sume. who are escaping a range of gender-re- cial business. Had I been present, I would Mr. Speaker, I rise to offer a motion lated persecutions such as rape, sexual have voted ‘‘nay.’’ to instruct the conferees on H.R. 10 slavery, trafficking, honor killings, f with instructions that the House re- since persons scarred by such trauma cede to the Senate and strike provi- often require time before they can step GENERAL LEAVE sions 3005, 3007, 3009 and 3032 from the forward to express their claim. Mr. THORNBERRY. Mr. Speaker, I bill. These provisions are poison pills I would like to think that most peo- ask unanimous consent that all Mem- that will slow the process of reforming ple in this Chamber would agree that bers may have 5 legislative days within our Nation’s intelligence agencies and this would cause untold grief to women which to revise and extend their re- do nothing to make us safer. and children who will no longer be able marks on H.R. 10. My motion further instructs House to obtain the relief to which Congress The SPEAKER pro tempore (Mr. conferees to recede to the Senate by believes they are entitled, victimizing HASTINGS of Washington). Is there ob- striking sections 3051 through 3056 them once they are raped, victimizing jection to the request of the gentleman from H.R. 10 relating to driver’s li- them once again. This amendment in from Texas? censes, identification cards and accept- the Committee of the Whole was car- There was no objection. ing the corresponding driver’s licenses ried on the Smith amendment, and f provisions from the Senate-passed bill. then we unfortunately had to revisit it Mr. Speaker, instead of making us for political purposes where it was de- AUTHORIZING THE CLERK TO safer, enactment of these provisions feated or it would not even be in my MAKE TECHNICAL AND CON- would impose severe hardship on aliens motion. FORMING CHANGES IN ENGROSS- by subjecting at least 1 million immi- Furthermore, this section would re- MENT OF H.R. 10, 9/11 REC- grants to deportation without any ad- verse several decades of policy with re- OMMENDATIONS IMPLEMENTA- ministrative hearing or due process, no spect to persons fleeing the tyranny in TION ACT review; permit the United States to Cuba, eviscerating protections that Mr. THORNBERRY. Mr. Speaker, I outsource torture by sending an indi- currently are available to Cubans ar- ask unanimous consent that in the en- vidual to a country where he or she is riving in the United States. Section grossment of the bill, H.R. 10, the Clerk likely to be tortured; install a number 3006 would mean that any Cuban who be authorized to make technical of new barriers to winning asylum sets foot on United States soil would changes and conforming changes to the claims that are likely to prevent bona have to be placed in expedited removal. bill. fide refugees from receiving the protec- Like all others, they would be subject The SPEAKER pro tempore. Is there tion of asylum in the United States; to mandatory detention and swift re- objection to the request of the gen- and prohibit habeas corpus review. moval from the United States. This tleman from Texas? Mr. Speaker, once again, let me re- will mean that many Cubans would be There was no objection. mind my colleagues of the very rel- returned to the dictatorship of Fidel f evant details. None of these provisions Castro without so much as a hearing. were included in the recommendations Section 3007 is nothing short of an as- PERMISSION FOR COMMITTEE ON made by the bipartisan 9/11 Commis- sault on asylum. It would make sweep- THE JUDICIARY TO HAVE UNTIL sion, and they are extremely divisive. ing changes to asylum law that the NOVEMBER 19, 2004, TO FILE SUP- Insistence on these provisions could drafters erroneously contend would PLEMENTAL REPORT ON H.R. 10, greatly complicate the task of confer- stop terrorists from being granted asy- 9/11 RECOMMENDATIONS IMPLE- encing with the Senate and producing a lum. Section 3007 would create new MENTATION ACT bill implementing the 9/11 Commission barriers to winning asylum claims that Mr. HOSTETTLER. Mr. Speaker, I recommendations. I urge my col- are likely to prevent bona fide refugees ask unanimous consent that the Com- leagues to support this motion to in- from receiving the protection of asy- mittee on the Judiciary have until No- struct. lum in the United States. This, in turn, vember 19, 2004, to file a supplemental Speaking on section 3005, it is very would result in bona fide refugees being report on H.R. 10. problematic, Mr. Speaker. Among returned to their persecutors. The SPEAKER pro tempore. Is there other things, it would bar the use of It ignores the fact that asylum appli- objection to the request of the gen- matricula consular identification cants, particularly survivors of tor- tleman from Indiana? cards, a policy that the Bush adminis- ture, rape or forced abortion or steri- There was no objection. tration has opposed. Not only would lization, may not be comfortable tell- f this affect undocumented immigrants, ing this information to a uniformed it would also affect Canadians. Section male inspector officer at an airport. MOTION TO INSTRUCT CONFEREES 3005 makes it impossible for Canadians, Section 3009 is particularly dis- ON S. 2845, NATIONAL INTEL- who currently do not have a passport turbing, Mr. Speaker. If this section is LIGENCE REFORM ACT OF 2004 to be legally in the United States, to enacted, the constitutionally com- Mr. GUTIERREZ. Mr. Speaker, I establish their identity when encoun- pelled remedy of habeas corpus will be offer a motion to instruct. tered by Federal employees. eliminated, and a plainly inadequate

VerDate Aug 04 2004 04:13 Oct 10, 2004 Jkt 039060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\CR\FM\A08OC7.204 H08PT1 October 8, 2004 CONGRESSIONAL RECORD — HOUSE H8979 court of appeals review will be sub- SENBRENNER) of the Committee on the honor our loved ones who were mur- stituted that will leave many nonciti- Judiciary, and it is made up of a group dered 3 years ago by enacting reforms zens without any forum to raise legiti- of families who lost loved ones or were to ensure that Americans will never mate claims of governmental error and victimized on September 11 as a result again face the same horror. We hope misconduct. At the same time, the sec- of the attacks on our country. No one you will honor those promises by sup- tion creates an extremely high burden could speak more eloquently than they porting the immigration provisions al- for obtaining a stay of deportation, in- about the need for change to our immi- ready in the bill and by opposing any viting government to race to deport gration policy in that they write: efforts to protect a status quo that noncitizens before a Federal court can ‘‘We are writing to express the sup- aided the murderers who tore apart our rule on the merits of the case. port and thanks of 9/11 Families for a families on September 11, 2001. Section 3032. Supporters of section Secure America for the provisions in ‘‘Sincerely, the Board of Directors of 3032 falsely contend that it would pre- title 3 of H.R. 10, the 9/11 Recommenda- 9/11 Families For a Secure America.’’ vent the United States from deporting tions Implementation Act,’’ and those Mr. Speaker, I do not know of anyone persons to countries where they are are the provisions that this motion to who can more eloquently speak to the likely to be tortured. However, nothing instruct would seek to eliminate. importance of maintaining these provi- could be further from the truth. In Reading further, ‘‘These provisions sions in the House bill in H.R. 10, when fact, under this section, as it was would go a long way toward closing the in other proposals, as the families amended in the Committee of the loopholes that allowed 19 terrorists, all would say themselves, that every other Whole by the Hostettler amendment, of whom had violated our immigration so-called 9/11 bill has completely ig- the United States still could outsource laws in one way or another, to enter nored the central focus of the 9/11 trag- torture by sending individuals to coun- and move freely around our country edy, which is that individuals from tries where they are likely to be tor- while they honed their plot to murder outside our country came into our tured. our loved ones. country, abused the process, and mur- It merely provides that in order to do ‘‘We are heartened by the inclusion dered our citizens. so the United States Government in the bill of provisions that require Mr. Speaker, I submit the letter I would be required to seek what both U.S. citizens and aliens to prove read earlier for the RECORD. 9/11 FAMILIES FOR A amounts to a note from the torturing their identity upon entry with secure, SECURE AMERICA, government, that torturing govern- verifiable documents, preclude accept- New York, NY, September 28, 2004. ment to promise us that they will not ance by Federal employees of consular Hon. JAMES SENSENBRENNER, torture that individual anymore before ID cards, insist that DHS, Department Chairman, Judiciary Committee, House of Rep- we send them back. of Homeland Security, expand its use resentatives, Washington, DC. Who among our colleagues will be of expedited removal and prevent ille- DEAR CHAIRMAN SENSENBRENNER: We are willing to stake their lives or the lives gal aliens from abusing our judicial writing to express the support and thanks of of their loved ones on the promise of process to delay deportation and in- 9/11 Families for a Secure America for the provisions in Title III of H.R. 10, the 9/11 Rec- the Government of Sudan or the Gov- crease the number of the Border Patrol ommendations Implementation Act. These ernment of Syria or the People’s Re- and ICE, or Immigrations and Customs provisions would go a long way toward clos- public of China or North Korea or Cuba Enforcement, agents. ing the loopholes that allowed 19 terrorists— or Saudi Arabia that they will not tor- b 1600 all of whom had violated our immigration ture someone if we send them back laws in one way or another—to enter and after they try to get asylum here? ‘‘All of these provisions fall well move freely around our country while they Mr. Speaker, our country is far bet- within the scope of the 9/11 Commis- honed their plot to murder our loved ones. ter than this. This provision is unac- sion’s recommendations and so should We strongly urge the Members of the Judi- ciary Committee to retain the immigration ceptable. The administration expressed be enacted and implemented as quickly as possible. provisions included in H.R. 10. We believe the President’s opposition to permit- that implementation of Title III would im- ting the government to outsource tor- ‘‘Our efforts over the past 3 years to prove homeland security dramatically and ture to foreign governments in the ad- get elected officials to recognize and help to ensure that no other American fami- ministration’s statement of adminis- address the current immigration crisis lies have to experience the devastating grief, tration policy on H.R. 10. The Presi- have taught us that even the most rea- the debilitating loss, and the overwhelming dent of the United States is against sonable and sensible immigration re- rage that we have known every day for more this provision. Members should know form proposals languish in Congress be- than three years now. cause our elected leaders are either We are heartened by the inclusion in the that a vote against this motion to in- bill of provisions that: require both U.S. citi- struct would be a vote against the very blinded by special interests or afraid of zens and aliens to prove their identity upon wishes of the President of the United being vilified by them. We commend entry with secure, verifiable documents; pre- States. you and the House Republican leader- clude acceptance by Federal employees of Mr. Speaker, I, at this point, would ship for your willingness to address im- consular ID cards; insist that DHS expand its like to end my comments. migration reform in H.R. 10 while the use of expedited removal and prevent illegal Mr. Speaker, I reserve the balance of sponsors of every other so-called 9/11 aliens from abusing our judicial process to my time. bill completely ignored it. delay deportation; and increase the numbers of Border Patrol and ICE agents. Mr. HOSTETTLER. Mr. Speaker, I ‘‘It is incomprehensible to us that All of these provisions fall well within the yield myself such time as I may con- any reasonable person could believe scope of the 9/11 Commission’s recommenda- sume. that immigration reform plays no le- tions, and so should be enacted and imple- (Mr. HOSTETTLER asked and was gitimate role in our response to the at- mented as quickly as possible. Our efforts given permission to revise and extend tacks. We are outraged that terrorists over the past three years to get elected offi- his remarks, and include extraneous and murderers are able to frustrate ef- cials to recognize and address the current material.) forts to deport them by claiming that immigration crisis have taught us that even Mr. HOSTETTLER. Mr. Speaker, they will be tortured upon being re- the most reasonable and sensible immigra- tion reform proposals languish in Congress there has been much discussion on H.R. turned home. Even worse, when they because our elected leaders are either blind- 10, the legislation that has been consid- have committed their heinous crimes ed by special interests or afraid of being ered by the House over the last several overseas and are thus not easily pros- vilified by them. We commend you and the days, and this motion to instruct ecutable here in America, their use of House Republican Leadership for your will- would strike several provisions in the the Convention Against Torture allows ingness to address immigration reform in legislation that are vitally important them to escape justice. H.R. 10, while the sponsors of every other so- to securing the American people. But, ‘‘We are strongly supportive of sec- called ‘‘9/11 bill’’ completely ignored it. It is Mr. Speaker, I would offer into the tion 3031 and section 3032 of H.R. 10, incomprehensible to us that any reasonable which would end this intolerable abuse person could believe that immigration re- RECORD a letter by a group called the 9/ form plays no legitimate role in our response 11 Families for a Secure America. of our immigration laws. Members of to the attacks. The letter was written to the gen- Congress have promised us repeatedly We are outraged that terrorists and mur- tleman from Wisconsin (Chairman SEN- over the last 3 years that they would derers are able to frustrate efforts to deport

VerDate Aug 04 2004 04:13 Oct 10, 2004 Jkt 039060 PO 00000 Frm 00119 Fmt 4634 Sfmt 0634 E:\CR\FM\K08OC7.133 H08PT1 H8980 CONGRESSIONAL RECORD — HOUSE October 8, 2004 them by claiming that they will be tortured tation, unlimited detention, unneces- assignments for promotion and cre- upon being returned home. Even worse, when sary environmental waivers, and un- ating a joint career track. The same they have committed their heinous crimes checked databases designed to paint must be done for the NID. After all, the overseas and are thus not easily prosecutable Democrats as weak on terrorism in the NID is our attempt to create Gold- here in America, their use of the Convention Against Torture allows them to escape jus- weeks before an election. water-Nichols jointness for the intel- tice. We are strongly supportive of sections Several of these egregious provisions ligence community, just as we have 3031 and sections 3032 of H.R. 10, which would were eliminated on the House floor, but done for the military. end this intolerable abuse of our immigra- the re-vote on the Smith amendment Third, the director of the NCTC, the tion laws. persuaded me that the bill’s sponsors National Counterterrorism Center, There is, however, one glaring omission in were not seeking common ground, but must have significant stature. Presi- H.R. 10. The 9/11 Commission specifically rec- were making 30-second attack ads. I dential appointment and Senate con- ommended enhanced cooperation with and voted in committee to report the bill firmation of the NCTC director is crit- training of state and local law enforcement officers on immigration law, yet H.R. 10 in- in order to move the process forward, ical to give that post the stature and cludes no mention of this recommendation. and I will work my heart out in con- accountability that it requires. The We hope you will bring up the CLEAR Act, ference to strengthen the intelligence President and the Senate overwhelm- H.R. 2671, for a full committee markup as reform provisions and conform the ingly support this. soon as possible in order to complete the 9/11 other provisions to what the 9/11 Com- Fourth, the conference report should Commission’s work. mission recommended. include the provision of S. 2845 to cre- Members of Congress have promised us re- Let me focus on what strengthening ate a trusted information-sharing net- peatedly over the last three years that they the intelligence provisions means. Our work so government agencies can con- would honor our loved ones who were mur- dered three years ago by enacting reforms to first priority in the conference report nect the dots about the terrorists. Sim- ensure that Americans will never again face should be to strengthen the National ply declaring the need, as H.R. 10 does, the same horror. We hope you will honor Intelligence Director, called the NID. I is woefully insufficient. those promises by supporting the immigra- agree with the statement of adminis- And finally, it is imperative to de- tion provisions already in the bill and by op- tration policy on H.R. 10 that ‘‘H.R. 10 velop mechanisms to ensure that ac- posing any effort to protect a status quo that does not provide the NID sufficient au- tions of the NID and NCTC do not en- aided the murderers who tore apart our fami- thorities to manage the intelligence croach upon our civil liberties. We lies on September 11, 2001. community effectively.’’ must create an independent privacy Sincerely, H.R. 10’s budget authorities are and civil liberties board, which was BOARD OF DIRECTORS, 9/11 Families for a Secure America. weaker than S. 2845; and, stunningly, supported on a bipartisan basis in the Peter Gadiel & Jan Gadiel, Kent, CT, Par- they are weaker than current statutes House Permanent Select Committee on ents of James, age 23, WTC, North Tower, and executive orders which allow for Intelligence and then stripped in the 103rd Floor. the transfer and reprogramming of Committee on Rules, recommended by Monica Gabrielle, North Haven, CT, Wife of funds by the Director of Central Intel- the 9/11 Commission and included in S. Rich Gabrielle, WTC, South Tower. ligence. Under H.R. 10, money is simply 2845. These intelligence provisions Will Sekzer, Detective Sergeant (retired) passed through the NID to the various began here in the House with H.R. 4104, NYPD, Sunnyside, NY, Father of Jason, age 31, WTC, North Tower, 105th Floor. intelligence agencies. Unless the NID but they stalled here because our lead- Diana Stewart, New Jersey, only wife of has the power to manage and control ership pursued a partisan path and be- Michael Stewart. the budgets of these agencies, he or she cause the President’s endorsement of Bill Doyle, Staten Island, NY, Father of will not be able to integrate our intel- S. 2845 was not followed up with con- Joseph. ligence capabilities effectively. structive effort in the House. Sally Regenhard, Al Regenhard (Detective Moreover, the President is not the We know how to do this right, Mr. Sergeant, NYPD, Retired), Parents of Fire- NID’s only customer. We must ensure Speaker, and we must. We can never fighter Christian Regenhard, Bronx, NY. Bruce DeCell, Staten Island, NY, Father in that the NID addresses the needs of the replace the loved ones we lost on Sep- law of Mark Petrocelli, age 29, WTC, North Departments of Defense, State, Home- tember 11, but we can honor them and Tower, 105th Floor. land Security, and the war fighters the bravery of those who came to their Grace Godshalk, Yardley, PA, Mother of when budgets are built and executed. rescue by uniting in this conference in William R. Godshalk, age 35, WTC, South Our efforts must not lead to the dis- the next several weeks to enact real re- Tower, 89th Floor. memberment of the National Foreign form. I pledge to do my part. April D. Gallop, Virginia, Pentagon Sur- Intelligence Program, the NFIP, or we Mr. HOSTETTLER. Mr. Speaker, I vivor. yield 3 minutes to the gentleman from Lynn Faulkner, Ohio, Husband of Wendy will end up with less integration than Faulkner, South Tower. we presently have. Missouri (Mr. BLUNT), the majority Joan Molinaro, Staten Island, NY, Mother To be crystal clear, Mr. Speaker, nei- whip of the House. of Firefighter Carl Molinaro. ther bill, let me underscore this, nei- Mr. BLUNT. Mr. Speaker, I thank Colette Lafuente, Poughkeepsie, NY, Wife ther bill includes the budgets for tac- the gentleman from Indiana for yield- of Juan LaFuente, WTC visitor. tical intelligence. And no one is recom- ing me this time. I also want to thank Mr. Speaker, I reserve the balance of mending that they be included. To re- all my colleagues, many of whom voted my time. peat: no one has recommended that the for this bill just moments ago on both Mr. GUTIERREZ. Mr. Speaker, how budgets of our tactical intelligence sides of the aisle, for the work they put much time do the proponents have? agencies be included in the structure into this, to the time they have spent The SPEAKER pro tempore (Mr. we are building under this legislation. on this, to the important discussion of HASTINGS of Washington). The gen- The NID also needs greater personnel how we secure our borders more care- tleman from Illinois has 221⁄2 minutes management authorities. S. 2845 pro- fully, how we maintain our security in remaining. vides this authority, but H.R. 10 does a greater way, and how we look at in- Mr. GUTIERREZ. Mr. Speaker, I not. The leaders of the intelligence telligence-gathering and -sharing dif- yield 6 minutes to the gentlewoman community must believe they work for ferently than we needed two genera- from California (Ms. HARMAN). the NID in addition to their Depart- tions ago, in the late 1940s, when this Ms. HARMAN. Mr. Speaker, instead ment Secretaries. Consultation on ap- was done the last time. This makes our of passing one strong bill to make our pointments, which is what H.R. 10 in- work very important as we move for- country safer, the House bill has two cludes, is insufficient. The NID must at ward. divergent parts: the first part is the least have the power to concur in key The work of the conferees will be core bill, which includes a watered- appointments. To enable the NID to challenging. We have given them a down version of the intelligence reform create a joint culture, he or she must strong product with a strong vote. I provisions in the 9/11 Commission re- also be able to transfer people to cen- think this motion to reinstruct in sev- port. The second part is a campaign ters and other multidisciplinary teams. eral areas just simply reaches too far. bill, which has some useful features, Congress solved the problem of a I spoke earlier today about the impor- but also contains partisan controver- weak Chairman of the Joint Chiefs of tance of what do we do, what do we do sial provisions, such as expanded depor- Staff 20 years ago by mandating joint with people who come to this country

VerDate Aug 04 2004 06:15 Oct 10, 2004 Jkt 039060 PO 00000 Frm 00120 Fmt 4634 Sfmt 0634 E:\CR\FM\A08OC7.214 H08PT1 October 8, 2004 CONGRESSIONAL RECORD — HOUSE H8981 and have criminal backgrounds from refugees. When we sit with our con- telligence system to give us one direc- another country. stituents and we explain what America tor of intelligence with budgetary au- These are not people we think are has stood for over the years, its prin- thority. criminals or might have been crimi- ciples based upon not only immigration I would only say that some of the nals. These are people who we know are but the questions of allowing people to provisions that the gentleman is ask- criminals or we know are terrorists. come and seek refuge and allowing peo- ing us to consider striking or a motion These people may come from countries ple to seek asylum in the course of run- to instruct in order for intelligent deci- that are not very great countries. What ning away from persecution and tor- sions to be made really go to the full we did today was change the bill so ture and the devastation of a despotic understanding of the American public, that we would not be forced to send government, you find commonality. their compassion, their sensitivity, them back to that country, if in fact That is, I think, what we are trying their belief in the Statue of Liberty’s we can figure out how to detain them to do with the motion to instruct as principles of people coming over. This in an appropriate way here. the conferees move forward. We are is not to say that we do not deport ter- I gave the example this morning of a trying to find the kind of commonality rorists. It is not to say that we do not person, and this is an absolute case of that, frankly, the White House has detain them. It simply suggests that someone who, in Jordan, was convicted asked us to find, and I might be very we should not water down the protec- of conspiring to bomb an American straightforward and say the families of tions that we have that undermine the school. That person came to America. the 9/11 victims have asked us to state values of this particular Nation as well He then sought sanctuary on the basis and to find. We know that immigration as the legal principles that we have of that he should not be sent back to Jor- concerns raise their ugly head all the judicial review and as well as the pro- dan because they use punishments we time. H.R. 10 is, frankly, not the vehi- tections we have had for those seeking would find inappropriate. And we all cle to engage in that discussion with- asylum and those who are seeking to agree on that. But under our current out the proper hearings and under- be a refugee. law, the only thing to do was to let standing what would work best. The expedited procedures, Mr. Speak- him then go to an American commu- I just want to refer again to the ad- er, are not procedures that provide any nity to live. ministration’s position on H.R. 10. It security. I will say this as I close. All Well, an American community is full clearly says that the administration of these provisions are subject to mis- of American schools. So here we have strongly opposes the overbroad expan- take, a mistake that can cost someone someone who is guilty of conspiring to sion of expedited removal authorities. their liberty, can cost someone their kill American kids in a school in Jor- The administration has concerns with possible life, and certainly mistaken dan, and our only current remedy ap- the overbroad alien identification identity is rampant as we try to fix pears to be, according to the courts, to standards that are proposed by the bill this security system. I need not speak send him to a community in America and believes they are unrelated to se- about Yusuf Islam, Cat Stevens, who to live, which is full of schools that curity concerns. came to this country just a few months have American kids. ago and met with White House officials b 1615 This motion to instruct says we on the faith-based initiative. Lo and should eliminate that language and go This is the same administration that behold, he was deplaned in Maine, his back to the current environment, signed into law the Department of daughter sent on, he was sent back be- where the only choice is for that per- Homeland Security and has as its head cause of a mistake. son to go into the American commu- Secretary Tommy Ridge. The Presi- I would ask my colleagues to look se- nity. In this case, that was a terrorist, dent goes on to say, signed by my good riously at this motion to instruct. It Mr. Speaker. In other cases we know of friend Alberto Gonzalez, the counsel to will not undermine the conferees. It someone who was a murderer, or a the President as relates to the issue of will give them guidance for what may pedophile, or a rapist. We need better torture. Unfortunately, the two Smith be a consensus position on H.R. 10 for ways to deal with people who abuse the amendments did not succeed. And so I all of us to vote on. open arms that America has tradition- think it is important for the conferees Mr. HOSTETTLER. Mr. Speaker, I ally had. to hear again what the President said yield myself such time as I may con- That is just one area of many that and the President said in this letter by sume to talk specifically about one of this motion to instruct specifically ad- way of his counsel, ‘‘The President did the sections that are being considered dresses. So if in fact you vote for this not propose and does not support this for removal as a result of the motion to motion, you are voting to maintain the provision and a provision that would instruct, section 3005, which addresses status quo. And I think my friends permit the deportation of certain for- the importance of verifiable docu- would almost all agree the status quo, eign nationals to countries where they mentation for aliens and their identi- in that instance, as I described it, is are likely to be tortured.’’ fication. not an acceptable alternative for us to Some would say that that has been First of all, we need to understand have. corrected. It has not. Because what the what the section does not do. It does We are searching for alternatives Hostettler language says, with all due not prevent aliens from presenting here that work better. I hope we let respect to my good friend, is that we other foreign documents to open bank this process go on. I hope we let our will ask the countries not to torture accounts in this country. And it does conferees work on this hard job in the this individual, but it is to be asked by not prevent aliens from presenting best way they can. I hope we defeat the Secretary of State when, in fact, other documents in addition to the this motion to instruct. that is not a true protection because documents listed. Thus, an alien could Mr. GUTIERREZ. Mr. Speaker, I we know that we have asked many also present a driver’s license so long yield 5 minutes to the gentlewoman things, and we have received none. as the alien presents a designated docu- from Texas (Ms. JACKSON-LEE). I frankly believe that we are losing ment. Ms. JACKSON-LEE of Texas. Mr. the focus that the 9/11 families would What the section does do, however, it Speaker, I first want to thank the dis- offer to us. As I look at the language in requires aliens to present secure docu- tinguished gentleman from Illinois for the 9/11 Commission report on the im- ments. It prevents the aliens from yielding me this time and for his lead- migration and law enforcement issues, using consular identification cards, as ership. they have indicated that this is an im- we have heard about earlier, issued by I am delighted the majority whip was portant concept and that we should foreign agents to aliens present in the just on the floor, because I really want begin looking at securing identifica- United States. to make the point that when we look tion in the United States. But the fun- Mr. Speaker, I would like to say that at the questions of immigration, and I damental question that was asked by those foreign agents in the United think a lot of these points on the mo- the families on H.R. 10 to be adopted by States issue them only to their nation- tion to instruct the gentleman has of- this commission, by a bipartisan com- als, but we will learn later that that is fered refer to immigration issues, but mission, Chairman Kean and Vice in fact not the case, and that they will they also refer to issues of asylum and Chairman Hamilton, was to fix the in- issue them for purposes of getting into

VerDate Aug 04 2004 04:13 Oct 10, 2004 Jkt 039060 PO 00000 Frm 00121 Fmt 4634 Sfmt 0634 E:\CR\FM\K08OC7.138 H08PT1 H8982 CONGRESSIONAL RECORD — HOUSE October 8, 2004 the secure sections of airports or onto But we know that these cards have a matricula consular. As a matter of Federal facilities. Those documents been issued to non-Mexican nationals fact, they were issued by the govern- should be secure, and they should be in the United States, including at least ment of the United States of America, safe from fraud. one Iranian. and they either entered this country il- The FBI has told our Subcommittee Mr. Speaker, at the U.S. Air Force legally through borders, not south of on Immigration, Border Security, and Academy, during a particular set of ar- here but through the Canadian border, Claims that the most commonly issued rests, employees with matricula cards and through other means, legally and of those documents is the Mexican were found to be employees of the Air illegally, into this country. So let us matricula consular. The matricula con- Force Academy, but they were not stop trying to confuse one thing with sular has been accepted in this country Mexican nationals. They were Guate- the other. for over 100 years, documentation that malans. The Mexican government had Anyone listening to the gentleman would allow a Mexican citizen while le- either issued a matricula consular to a from Indiana would think that the gov- gally present in the United States to non-national or these cards had been so ernment of Mexico issues a matricula have contact information with their easily created by fraudulent means consular, and all of a sudden you skip government, namely, a consular office that they were able to obtain cards and jump and you are in the United in the United States. That has hap- very similar to the real cards. States of America, and you get a Social pened for, as I said, a long time in this It is critical, Mr. Speaker, that these Security card, you get all of the bene- country. insecure documents not be accepted for fits of being here, and you have got a But the concern that we have is the identification purposes to enter secure passport, and you are free. If an INS newly issued Mexican matricula con- areas, such as boarding an airplane. agent, and I would like the gentleman sular is not reliable. It is vulnerable to That is why we cannot strip out any of from Indiana to answer that, if an INS agent stops someone with a matricula forgery and, most significantly, poses a the provisions in title III and espe- consular and says, I want identifica- terrorist threat. We had then Assistant cially section 3005. tion from you, prove you are legally Director of the FBI’s Office of Intel- Mr. Speaker, I reserve the balance of here in the United States of America, ligence Steve McCraw testify before my time. and gives them a matricula consular, our committee. He concluded that do- Mr. GUTIERREZ. Mr. Speaker, I answer the question, will that person mestic acceptance of the matricula yield 1 minute to the gentlewoman not or will that person be deported? He cards in the United States poses a law from Texas (Ms. JACKSON-LEE). enforcement and national security Ms. JACKSON-LEE of Texas. Mr. knows that person will be immediately risk. He stated that the criminal Speaker, I heard the distinguished gen- deported from the United States of America because we do not recognize threat stems from the fact that the tleman reading and listing a litany of that as a legal means of staying in the matriculas can be a perfect breeder speculative uses of the matricula card United States. It is not a passport. It is document for establishing a false iden- that he is speaking of. Let me just say not a visa. It does not entitle that per- tity which can facilitate a wide range that one of the things that he also said son to legally be in the United States of crimes, including money laundering. is that the card has been used for 100 of America, and the gentleman from He told of individuals who were ar- years, and there has been no evidence Indiana knows that. He is too smart. rested with multiple matriculas, each over the 100 years of that kind of use. He knows too much about this issue to with the same photo but different But we are not in disagreement over be fuzzy or wary on this issue. You can- names, and some of whom had match- the underlying principle that we can not stay in this country with a ing driver’s licenses to go with the ultimately provide ways of securing matricula consular. identities proposed on the matricula and standardizing any card. I have spo- What does it allow us to do? It allows cards. He concluded that the terrorist ken to law enforcement officers in my an immigrant to open up a bank ac- threat posed by these cards is the own community that have not seen any count so they can send money back, ‘‘most worrisome’’ to the FBI. abuse of the use of such cards, and I hopefully in a good way, back to their He went on to say, ‘‘The ability of think the opposition of the White loved ones in their countries. That is foreign nationals to use foreign cards House for these extraneous immigra- what it allows them to do. It allows to create a well-documented but ficti- tion provisions is just that. We have them to take their American citizen tious identity in the United States pro- seen no evidence, we have had no hear- children and enroll them in school. It vides an opportunity for terrorists to ings and we have no standards that can allows them to communicate. move freely within the United States be set by adding these provisions on Anybody listening to the gentleman without triggering name-based watch without more study. from Indiana would think the Los An- lists, those watch lists that we think I would just simply ask my col- geles Police Department have lost are going to save us from the next leagues to support the motion to in- their minds, the New York Police De- round of 9/11 attacks. But these kind of struct. partment have lost their minds, the cards will actually keep individuals Mr. GUTIERREZ. Mr. Speaker, I Chicago Police Department have lost from being cross-referenced on these yield myself such time as I may con- their minds. They like the matricula lists. These lists are disseminated to sume. consular, as do hundreds of police de- local police officers.’’ Nor is the danger Let me, first of all, read from the 9/ partments across this country, because posed by those documents only as 11 Commission because I think it is it ensures the safety and allows them breeder documents. For other docu- pertinent at this point. In section 3051 to gather intelligence and information mentation, notwithstanding their vul- through 3056, in paragraph 3, it says, and allows people to cooperate with nerability to fraud and abuse, consular ‘‘Far from calling for sweeping anti- them. That is safety on our streets and ID cards can be presented to board an immigration legislation, the commis- intelligence-gathering. Let me just airliner. We know of cases like that. sion understood that we should reach say, because this matricula consular, I said earlier, Mr. Speaker, that it is out to immigrant communities. Good anybody thinks you get one, and it is suggested that these cards, especially immigration services are one way of magic. I go to a job, I say: Here, I have the matricula consular, they are the doing so that is valuable in every way, got my matricula consular, give me a most prevalent of the consular ID including intelligence-gathering. Con- job. You know, you cannot get a job cards, but quite honestly, there are gress needs to pass meaningful reforms with a matricula consular. several foreign governments who are proposed by the 9/11 Commission and Lastly, let me say this. He skips over witnessing, observing the success of not insist,’’ and I hope the gentleman one important part. You have got to be the issuance and acceptance of these from Indiana read the 9/11 report; it in the United States of America to consular identification cards by Mex- says ‘‘not insist on a divisive anti-im- have a matricula consular, so you must ico, the matricula consular, and they migrant agenda that the commission have evaded something. Why do you seek to follow them in issuing their rejected and has nothing to do with want a matricula consular if you are own. They are supposed to go to indi- preventing another attack.’’ already legally in the United States of viduals who are nationals of these par- Not one of those individuals that America? To open up a banking ac- ticular respective foreign governments. committed the heinous act on 9/11 had count. That is the purpose. Let me just

VerDate Aug 04 2004 04:13 Oct 10, 2004 Jkt 039060 PO 00000 Frm 00122 Fmt 4634 Sfmt 0634 E:\CR\FM\K08OC7.141 H08PT1 October 8, 2004 CONGRESSIONAL RECORD — HOUSE H8983 say that people, hundreds, and the gen- But the gentleman suggested in his tive process, and it has. And I believe tleman knows this, hundreds of people comments that if a person supplies ex- the legislation that this body produced, die crossing the border between Mexico clusively a matricula consular card to H.R. 10, not only carries the spirit and and the United States. They drown in a law enforcement agent that they will concepts of the 9/11 report, but based the Rio Grande, or they die in the be immediately deported. Mr. Speaker, upon the experience that we have all desert. The terrorists know, come they will not be immediately deported had and all that we have learned, I through Canada. If we put 90 percent of if the gentleman’s other provisions in think it adds a lot to it. our resources, that is why they are not this motion to instruct are taken out, It is only the House version of this going to come through. They are going and that is portion 3006, which calls for bill that goes after every part in that to find other means. We should look for expedited removal. network. It is only the House version every possible way to stop them, but If the gentleman is saying that he of the bill and, in particular, the provi- this is not going to stop them. wants those people immediately de- sions that came out of the Committee As the commission says in their own ported that only supply a matricula on the Judiciary that are aimed at report, don’t use a divisive, anti-immi- consular card for identification, I breaking each of the links in making grant agenda the commission rejected would accept, under unanimous con- sure that we go after the recruiters of and has nothing to do with preventing. sent, to have section 3006 stripped out terrorists, those who provide the mili- This is the 9/11 Commission report. We of his motion to instruct. I do not tary training, those who recruit and, as should not do that, because it has noth- think that is going to happen because well, the ranks of terrorist organiza- ing to do with preventing. the gentleman does wish to remove ex- tions. Lastly, you want to deal with the pedited removal provision from the We have to go after them as surely as issue of undocumented workers. You bill. we go after those who have placed that and I will both agree and sign on a Mr. Speaker, I yield such time as he bomb. If we do not, we cannot win. piece of paper, and we will have the may consume to the gentleman from And I think we also recognize that by Justice Department notarize it. There Wisconsin (Mr. GREEN), a member of the very nature of terrorist operations, are 10 million undocumented workers the Committee on the Judiciary. we cannot wait until after the terrible in the United States of America. This Mr. GREEN of Wisconsin. Mr. Speak- act has occurred. We have to disrupt it. Congress has not shown the political er, I thank the gentleman for yielding We have to prevent it. We have to will nor has it put forward the req- me this time. break that chain. We have to disrupt uisite resources to deport them, nor I would like to step back for a mo- that network. We have to find those will it ever. ment and just talk briefly about the who give material support to ter- b 1630 situation we find ourselves in. In the rorism, whether it be the military This country needs and thrives on months after 9/11, in fact, in the days training or the logistics. We have to re- their work, and we all know it. So if we after 9/11, we instantly heard certain move them. Unless we remove those in- really want to deal with the immigra- names of terrorists, Osama bin Laden, dividuals, we cannot succeed. tion problem, then let us get an immi- obviously, and a few others. And I So the question I think we have be- gration bill, at least start with what think we were misled into believing fore us today with this motion to in- the President, George Bush, said on that somehow these were the only struct is whether or not we are going January 7. Let us begin a national de- problems that we had, that these indi- to take a very narrow approach, which bate and an honest discussion of the viduals were the extent of our terrorist is what some would suggest, and I undocumented workers that live in this problem. would argue the Senate bill would do, country and let us integrate them so What we have learned in the months which is incomplete, which does not that the FBI, the CIA, our police de- since then and what we have learned get after every link in the chain, which partments have their fingerprints through the 9/11 Commission’s work does not really go after the network, where they work, where they bank. and its predecessor, the Joint Com- which does not have the material sup- And then, after we have eliminated mittee of Inquiry here in Congress, is port provisions in it; or whether or not those 10 million, because we know who that any terrorist operation is built we are going to be serious, whether or they are and where they work and upon a network. It is not one indi- not we are going to take that com- where they bank and where their chil- vidual or even a couple of individuals, prehensive approach that I can, as a dren go to school and where they live, but there is a whole network of individ- young father, be proud of because I then we can reduce the number of peo- uals who each plays a specific role, has know that it makes this country a ple down to maybe the real terrorists a specific job, whether it be identity safer place for my kids to grow up in. that hide among them. documents or scoping out buildings or Make no mistake, when this legisla- Let us do that honestly. But let us providing training or providing intel- tion is signed by the President, there not use another anti-immigrant attack ligence or recruiting or whatever it will be some time that passes before we within a bill, H.R. 10, which does such may be. are able to take up some of the new a disservice to the families of the lost What we have learned, I think, in steps that the other side would have us ones of 9/11. these months since the tragic days of remove. The clock is ticking. We have Mr. Speaker, I reserve the balance of September 11 is that if we are going to heard a number of terrorism experts my time. be successful in protecting this Nation, refer to this as a race against time. I Mr. HOSTETTLER. Mr. Speaker, I we cannot focus solely on the trigger agree, it is. We have to get this right. yield myself such time as I may con- man or the guy who plants the bomb or We have to be bold. We have to go after sume. the guy who drives that rigged truck, that network. We have to go after If I can just speak briefly about the because we can remove those individ- every link in the chain. We have to re- gentleman’s comments with regard to uals and more may pop up. move them. We have to prevent them an individual who is in this country Instead, we have to go over every from coming into place. that presents only a matricula con- link in the chain. We have to go after We have to send a signal to those sular card for identification, according those who provide material support, who would recruit terrorists. We have to former intelligence director for the who provide the shadows in which ter- to send a signal to those who would be- FBI, Steve McCraw, his testimony be- rorists hide, who scope out the building come recruits. They are our enemy just fore our subcommittee said that really and provide the intelligence and the as surely as the man or the woman the only people that need to use a diagrams, who provide the transpor- that pulls the trigger. That is the expe- matricula consular exclusively for tation, who provide the forged docu- rience, I think, that this world has had identification purposes are illegal ments, who put the trigger men in in the sad months since September 11. aliens, simply because those that are in place to do their terrible deeds. I urge my colleagues to avoid the mo- the country, that are present in the The 9/11 Commission was very clear tion to instruct because it falls short. country legally, have other forms of se- in saying that its report was not legis- It does not do the job. It does not go cured documentation such as a pass- lation. It understood that its report after the network. It will not break the port or a visa or the like. would need to go through the legisla- links in the chain.

VerDate Aug 04 2004 04:13 Oct 10, 2004 Jkt 039060 PO 00000 Frm 00123 Fmt 4634 Sfmt 0634 E:\CR\FM\K08OC7.143 H08PT1 H8984 CONGRESSIONAL RECORD — HOUSE October 8, 2004 I have said it before. I think, as we I.D., are here in this country lawfully, league, the President of the United all look back on the years leading up that they have an official passport to States, is weak on national defense. I to 9/11, I think we have to agree that a be here lawfully. And it gives guidance do not think the Republican majority storm was gathering in the terrorist to our States so that States can con- is saying to the President of the United world and too many of our leaders, and tinue to have reciprocity for the use of States that he thinks it is a good idea this is not a partisan comment, too those driver’s licenses. to have murderers and rapists and many of our leaders looked the other The provisions that are contained in other criminal elements freely being way. The question is now whether, 10 3052 are good, solid, common-sense pro- able to roam the United States of years from now, 15 years from now, visions. It is something that our America. Yet, indeed, if you are right, whether or not our successors will look States, every single State in this great that is what the President supports, back at this Congress and say either Nation, will know that they can depend because we have his official document they did the right thing, they took a on, that other citizens will know that of the administration policy, and he bold comprehensive approach, or, let us they can depend on, that the individ- says remove this kind of language from hope not, they looked the other way uals that work the TSA, that are look- the document, that we support it. and they fell short. ing at driver’s licenses, that are allow- Mr. HOSTETTLER. Mr. Speaker, I I urge my colleagues to vote against ing people to get on planes, they will yield myself such time as I may con- this motion to instruct. know that this is a valid document and sume. Mr. HOSTETTLER. Mr. Speaker, I that the person who holds that docu- Mr. Speaker, I appreciate the gentle- yield such time as she may consume to ment in their hand is who they say man’s comments from Illinois with re- the gentlewoman from Tennessee (Mrs. they are and that they are here and gard to his support of the President. It BLACKBURN). having presence in this country le- looks like Illinois this year may be in Mrs. BLACKBURN. Mr. Speaker, I gally. fact in play, the electoral college. want to thank our chairman for the ex- I would encourage my colleagues to But I do want to remind the gen- cellent work he has done this session oppose the motion to instruct. I would tleman that we do have three branches as we have looked at immigration encourage my colleagues to support of government, and we have all been issues and have worked hard to be cer- H.R. 10, the provisions that have been sent here to represent our various con- tain that we address the things that worked on, the provisions we have stituencies with regard to these very are of great concern to the American worked on with our State legislators so important issues of national security. people and to our constituents. that we help them, help them to have Going back to the letter that I have And it is of concern that we have this the assurance that the documentation submitted for the RECORD from the 9/11 motion to instruct to strip apart H.R. that is before them is real, it is valid; Families for a Secure America, I know 10. And, of course, our opponents of and so that the immigrant community that the gentleman is very impassioned H.R. 10 and our colleagues across the knows that we are honoring those that about his support for immigration, and aisle are using impassioned talk to choose to obey our laws, to work hard I very much appreciate it. We are a Na- generate emotion on this issue, but and to come here seeking hope, oppor- tion of immigrants. But I think it is what we have contained in H.R. 10 and tunity, and freedom. important for us to refocus on what ac- in the provisions that they are wanting Mr. GUTIERREZ. Mr. Speaker, I tually took place on 9/11 and what the to lift out of that bill, wanting to move yield myself 2 minutes. American people are asking us to do. away, are just good, solid, common- First of all, I will insert into the The 9/11 Families for a Secure Amer- sense legislation. RECORD, since obviously the majority ica said, ‘‘Our efforts over the past 3 I disagree with my colleague across has not read it, a statement of admin- years to get elected officials to recog- the aisle. He was talking about law en- istration policy dated October 7, 2004, nize and to address the current immi- forcement officials and asking if they from the White House, George Bush’s gration crisis have taught us that even had lost their minds. I do not think White House. In it, it says on page 2, the most reasonable and sensible immi- they have. The ones in my district defi- paragraph 3: ‘‘The administration gration reform proposals languish in nitely have not. strongly opposes the overbroad expan- Congress.’’ They do not languish in the They are very concerned about this, sion of expedited removal . . . The ad- House of Representatives, after we de- and I have been working with them ministration has concerns with the feat this motion to instruct ‘‘because since my days in the Tennessee Senate, overbroad alien identification stand- our elected leaders are either blinded working to address the driver’s license ards proposed by the bill that are unre- by special interests or afraid of being issue and how that affects the Amer- lated to security concerns.’’ vilified by them.’’ ican people. And they would choose to Mr. Speaker, if 9/11 repeats itself, and remove that from H.R. 10, and it is im- b 1645 I have said this to our neighbors to the portant. This is the President of the United north in Canada who have had rep- We have got to be certain, as we look States of America, the leader of your resentatives from their government, at our Nation’s security, that we take party that you went to New York and from their legislative bodies, come and very careful steps not to reward indi- nominated, who is going to debate Sen- speak to us about issues important to viduals who are going to choose to ator JOHN KERRY tonight. immigration, issues important to both break the law to get here. We have to So if you are right, Senator JOHN of our countries, if the tragedy of 9/11 have great respect for the rule of law KERRY could say tonight to President repeats itself in this country, then my and be certain that we continue to Bush, You have standards that are less colleague from Illinois and others from have policies that require and reward secure because you believe that people Canada and Mexico will long for, will those that respect the law. should be expedited and should not be yearn for, the good-old-days when we Section 3052 that they are wanting to expedited. considered what will then be consid- pull out does address the driver’s li- You believe they should not be, that ered minimalist reforms to our immi- cense situation, having legal docu- the matricula consular somehow allows gration policy. ments for driver’s licenses. It is not a illegal criminals, murderers, rapists To not require that anyone receive mandate. It does not set up a national and others to roam around our coun- relief under the Convention Against database, and this section has been try; that you oppose their quick and Torture, the gentleman talks about ex- worked on very carefully. The gen- immediate deportation; that you are pedited removal and the concern that tleman from Virginia (Mr. TOM DAVIS) giving harbor to terrorists in the he has with regard for that. Our out of the Committee on Government United States of America. amendment changed the underlying Reform, and the gentlewoman from If we are to believe what the Repub- bill to allow for Convention Against Michigan (Mrs. MILLER), who was sec- lican majority has just said, and Presi- Torture and asylum claims to go ahead retary of state, have worked diligently dent Bush has contradicted your posi- unimpeded by the new provision that on this issue to be certain that we tion in his letter of official policy, then calls for expedited removal. So we will know that the people who are getting a somebody is wrong and somebody is not be sending individuals who have a driver’s license, a valid government right here. But I do not think your col- very reasonable fear of being tortured

VerDate Aug 04 2004 04:13 Oct 10, 2004 Jkt 039060 PO 00000 Frm 00124 Fmt 4634 Sfmt 0634 E:\CR\FM\K08OC7.145 H08PT1 October 8, 2004 CONGRESSIONAL RECORD — HOUSE H8985 and abused in their home countries if born here who will not do the work. So while also providing flexibility concerning they are returned. Those that really do let us face it, these are obscuring the its design and implementation. We look for- have a reason to fear for their safety in real issues we have before us. ward to working with Congress to address I would suggest to the gentleman some concerns with the degree of specificity another country and for their abuse of provisions concerning interoperable law there will be able to obtain relief in that he says that maybe the State of enforcement and intelligence data systems. this country. Illinois is in play in the electoral col- In addition to provisions concerning the But for those that abuse the immi- lege. We just elected a Democratic NID, the NCTC, and other core issues respon- gration process, as the 19 did who per- Governor in the State of Illinois and sive to the Administration’s proposal, H.R. petrated 9/11, we must maintain these the former Republican, how ironic, the 10 contains a number of additional provi- immigration provisions in the bill so former Republican Governor of the sions, some of which are discussed below. The Administration strongly supports that we deal with that very important State of Illinois is currently under in- those provisions of Title II that ensure the problem and we do not allow 9/11 to re- dictment by the Federal Government. Intelligence Community and others in the peat itself and do not come to a point Do you want to know why? For issuing war on terror have all the necessary tools to in the future where the American peo- bogus driver’s licenses and taking prevent terrorist attacks—including provi- ple require us to do much more dif- bribes for them. That is a fact. sions to prevent attack by ‘‘lone wolf’’ ter- ficult things, make much more dif- Unfortunately, let us have a debate rorists and enhanced provisions to deny ma- ficult decisions, and cause us to greatly on immigration policy that is really terial support to terrorists, prevent attacks restrict the influx of immigrants into using weapons of mass destruction, and fur- about immigration and security con- ther dry up sources of terrorist financing. our country. cerns that are really about security. These and other additional antiterrorism In the words of families affected Mr. Speaker, for the RECORD I in- tools would help keep America safer. most directly by 9/11, these are reason- clude the statement of administration The Administration also supports those able and sensible immigration reform policy. provisions of Titles II and III that will better proposals. They should not be stripped protect our borders from terrorists, while STATEMENT OF ADMINISTRATION POLICY out. I beg my colleagues not to vote for still maintaining our traditions as a wel- The Administration supports House pas- the motion to instruct, but in fact vote coming Nation. In particular, the Adminis- sage of H.R. 10 and appreciates the efforts of tration supports efforts to allow visa revoca- against the motion to instruct. the House Leadership and Committees to tions as a basis for deportation and provi- Mr. Speaker, I yield back the balance bring this legislation quickly to the Floor. sions concerning the judicial review of immi- of my time. The Administration looks forward to work- gration orders, as in Section 3009. The Ad- Mr. GUTIERREZ. Mr. Speaker, I ing with the House and Senate in conference ministration strongly opposes the overbroad yield myself the balance of my time. as they resolve their differences on intel- expansion of expedited removal authorities. Mr. Speaker, let me just say the fol- ligence reform legislation so that it can be The Administration has concerns with the lowing. In the same letter from the enacted as soon as possible The Administra- overboard alien identification standards pro- George Bush administration, it states: tion looks forward to working with Congress posed by the bill that are unrelated to secu- to address its concerns with the bill, includ- rity concerns. The Administration welcomes ‘‘The administration has concerns with ing those described below, and to ensure overbroad alien identification stand- efforts in Congress to address the 9/11 Com- prompt enactment of necessary legislation mission’s recommendations concerning uni- ards proposed by the bill and unrelated to create a strong National Intelligence Di- form standards for preventing counterfeiting security concerns, and believes that rector (NID) with full budget authority and of and tampering with drivers licenses and the States, as in the Senate bill, should other authorities to manage the Intelligence birth certificates, but believes that addi- work these things out.’’ So there are Community, and to provide statutory au- tional consultation with the States is nec- provisions for securing driver’s licenses thority for the newly created National essary to address important concerns about and making sure that they are secure. Counterterrorism Center (NCTC). flexibility, privacy, and unfunded mandates. The Administration appreciates that H.R. We have that in the Senate bill. Section 3001 acts to close a security gap by 10 has been revised to clarify the authorities eliminating the Western Hemisphere excep- The gentleman keeps speaking about of the NCTC and the definition of national tion for U.S. citizens. The Administration in- the 9/11 families. I have an open letter intelligence. The Administration is also tends to work with the Congress to ensure from the 9/11 families, the same fami- pleased that H.R. 10 would prevent disclosure that these new requirements are imple- lies that came to testify before the of sensitive information about the intel- mented in a way that does not create unin- Congress of the United States, in which ligence budget. Disclosing to the Nation’s tended, adverse consequences. they say ‘‘recommendations.’’ ‘‘We enemies, especially during wartime, the The Administration strongly opposes sec- have heard that the House bill to im- amounts requested by the President, and tion 3032 of the bill. The Administration re- plement 9/11 Commission recommenda- provide by the Congress, for the conduct of mains committed to upholding the United the Nation’s intelligence activities would be States’ obligations under the Convention tions also includes provisions to ex- a mistake. Against Torture and Other Cruel, Inhuman, pand the U.S. PATRIOT Act and re- Legislation proposed by the President pro- or Degrading Treatment or Punishment. form immigration law in ways not rec- vides the NID with full budget authority, in- Consistent with that treaty, the United ommended by the commission and cluding clear authority to determine the na- States does not expel, return, or extradite which we are against.’’ This is the 9/11 tional intelligence budget, strong transfer individuals to countries where the United families. and reprogramming authorities, explicit au- States believes it is more likely than not Look, anybody listening to this de- thority to allocate appropriations, and the they will be tortured. The Administration is bate would think that if tomorrow ability to influence the execution of funds by willing to work with the Congress on ways to national intelligence agencies. The Adminis- address the Supreme Court’s decision in somebody who works in Washington tration is concerned that H.R. 10 does not Zadvydas v. Davis, 533 U.S. 678 (2001), insofar State picking apples, and I think the provide the NID sufficient authorities to as it may constrain the detention of criminal gentleman from Indiana and I would manage the Intelligence Community effec- aliens, while they are awaiting removal, or agree that most of the workers in the tively. limit the government’s authority to detain field of agriculture in Washington The Administration looks forward to work- dangerous aliens who would be removed from State are undocumented here in this ing with the House to improve a number of the United States but for the fact that they country, without legal documentation, provisions relating to appointments. In par- are afforded protection under the Convention picking our apples, let us use that as ticular, the Director of the NCTC should be Against Torture. appointed by the President, and the appoint- Title IV contains a number of provisions one example, do you think if you do ment of certain other officers as proposed in that purport to establish the policy of the not give them a driver’s license, they H.R. 10 may raise constitutional issues. United States on foreign policy issues, re- are going to stop coming? Do you think The Administration remains concerned quire the Executive branch to negotiate cer- if you take away the matricula con- about other provisions that create new bu- tain international agreements, direct how sular and they cannot get a bank ac- reaucratic structures and layers in the office the President will use the voice and vote of count, they are not coming? Do you of the NID and elsewhere that would hinder, the United States in international institu- think if we pass every other kind of ID not help, the effort to strengthen U.S. intel- tions, direct the content of diplomatic com- munications with foreign governments, di- requirement, they will stop coming? ligence capabilities and preserve constitu- tional rights. rect the make-up of U.S. delegations to mul- They are going to keep coming, as The Administration commends and sup- tilateral meetings and negotiations, and re- long as in this country there are apple ports provisions of H.R. 10 that promote the quire that plans and strategies to achieve growers who need their work and development of a secure information sharing specified foreign policy objectives be sub- Americans like you and I that were environment under the direction of the NID mitted to the Congress. These provisions are

VerDate Aug 04 2004 04:13 Oct 10, 2004 Jkt 039060 PO 00000 Frm 00125 Fmt 4634 Sfmt 0634 E:\CR\FM\K08OC7.147 H08PT1 H8986 CONGRESSIONAL RECORD — HOUSE October 8, 2004 inconsistent with the President’s constitu- 3055, and 3056, something I agree with. How- struction, and for defense activities of the tional authority with respect to foreign rela- ever, his motion to instruct also calls con- Department of Energy, to prescribe per- tions, diplomacy, and international negotia- ferees to recede from the entire House sonnel strengths for such fiscal year for the tions. Therefore, these provisions should be Armed Forces, and for other purposes. eliminated or cast in precatory rather than amendment and thus accept Senate bill, S. 2845, which has some very unacceptable pro- The SPEAKER pro tempore. The gen- mandatory terms. tlewoman from North Carolina (Mrs. In Title V, the Administration commends visions. One such provision exposes the funds the provisions that add to the Secretary of we spend on the intelligence community. MYRICK) is recognized for 1 hour. Mrs. MYRICK. Mr. Speaker, for the Homeland Security’s flexibility in providing Even though he references immigration pro- purpose of debate only, I yield the cus- first responder grant funds to certain high- visions, which forced me to vote against the tomary 30 minutes to the gentleman risk areas, but has concerns about border House bill, his motion to instruct has the pur- state funding mandates which reduce that from Texas (Mr. FROST), pending which pose of accepting the entire Senate bill. This flexibility. The Administration opposes pro- I yield myself such time as I may con- visions in Title V that would create inequi- is something I cannot agree to. sume. During consideration of this res- The SPEAKER pro tempore (Mr. ties in personnel policy between the FBI and olution, all time yielded is for the pur- SIMPSON). Without objection, the pre- other law enforcement agencies, and looks pose of debate only. forward to working with the Congress on a vious question is ordered on the motion Mr. Speaker, last night the Com- separate and comprehensive reform of law to instruct. enforcement pay and benefits. The Adminis- mittee on Rules met and passed this There was no objection. resolution waiving clause 6(a) of rule tration also opposes provisions that would The question is on the motion to in- encumber the Federal rulemaking process XIII requiring a two-thirds vote to con- with duplicative and burdensome new re- struct offered by the gentleman from sider a rule on the same day it is re- quirements. Illinois (Mr. GUTIERREZ). ported from the Committee on Rules The Administration opposes Section 5043 of The question was taken; and the against certain resolutions reported the bill, which would eliminate the level Speaker pro tempore announced that from the Committee on Rules. playing field established for all three the noes appeared to have it. The waiver authorized by this resolu- branches of government by the Government- Mr. GUTIERREZ. Mr. Speaker, on Wide Ethics Reform Act of 1989, creating a tion applies to any special rule re- that I demand the yeas and nays. ported on the legislative day of Friday, new regime of non-uniform ethics laws. The The yeas and nays were ordered. financial disclosure process should be mod- October 8, 2004, providing for the con- ernized to reflect changed circumstances. The SPEAKER pro tempore. Pursu- sideration or disposition of a con- The Administration urges Congress to adopt ant to clause 6 of rule XVIII, further ference report to accompany the bill the bill to modernize government-wide finan- proceedings on this motion are post- H.R. 4200, the Defense authorization cial disclosure submitted by the Office of poned. conference report for fiscal year 2005. I Government Ethics to the Speaker on July f would advise my colleagues that adop- 16, 2003. The Administration is also very concerned tion of this resolution is made nec- REPORT ON RESOLUTION WAIVING essary because the work of the con- about the dozens of new reporting require- POINTS OF ORDER AGAINST CON- ments contained in the bill. The Administra- ferees on the Defense authorization tion will continue to work with the Congress FERENCE REPORT ON H.R. 4200, conference report has taken longer to eliminate or reduce the burden created by RONALD W. REAGAN NATIONAL than anticipated. unnecessary or duplicative statutory report- DEFENSE AUTHORIZATION ACT I believe it is imperative that the ing requirements, while respecting the re- FOR FISCAL YEAR 2005 House considers the proposed con- sponsibilities of the Congress. The Administration is also concerned Mrs. MYRICK, from the Committee on ference report on Defense authoriza- about provisions in Title V that would, Rules, submitted a privileged report tion as soon as possible. The last thing taken together, construct a cumbersome new (Rept. No. 108–769) on the resolution (H. we would ever want would be for the bureaucracy, duplicate existing legal re- Res. 843) waiving points of order necessary armor and weaponry needed quirements, and risk unnecessary litigation. against the conference report to ac- by our Armed Forces to be held up or The Administration urges the House to de- company the bill (H.R. 4200) to author- delayed in any way. lete or significantly revise these problematic ize appropriations for fiscal year 2005 My friend from Texas has always provisions. been a strong supporter of our mili- The Administration notes that the Com- for military activities of the Depart- mittee bill did not include Section 6 (‘‘Pres- ment of Defense, for military construc- tary. I trust he, too, would prefer to ervation of Authority and Accountability’’) tion, and for defense activities of the rapidly approve the Defense authoriza- of the Administration’s proposal; the Admin- Department of Energy, to prescribe tion conference report; and to that end, istration strongly supports inclusion of this personnel strengths for such fiscal year I urge my colleagues to support this provision in the House bill. The Administra- for the Armed Forces, and for other rule. tion’s proposal also provides necessary addi- purposes, which was referred to the Mr. Speaker, I reserve the balance of tional authorities for the NID to be able to House Calendar and ordered to be my time. effectively operate the Office of NID; how- printed. Mr. FROST. Mr. Speaker, I yield my- ever, H.R. 10 does not provide the NID with self such time as I may consume. these additional authorities. The legislation f (Mr. FROST asked and was given per- should also recognize that its provisions mission to revise and extend his re- would be executed to the extent consistent WAIVING REQUIREMENT OF with the constitutional authority of the CLAUSE 6(a) OF RULE XIII WITH marks.) President: to conduct the foreign affairs of RESPECT TO CONSIDERATION OF Mr. FROST. Mr. Speaker, I have al- the United States; to withhold information CERTAIN RESOLUTIONS ways been proud to support the Defense the disclosure of which could impair the for- authorization bill in the House, and eign relations, the national security, delib- Mrs. MYRICK. Mr. Speaker, by direc- this year is no exception. The con- erative processes of the Executive, or the tion of the Committee on Rules, I call ference report on the Department of performance of the Executive’s constitu- up House Resolution 831 and ask for its Defense Authorization Act helps ensure tional duties; to recommend for congres- immediate consideration. the safety of our fighting men and sional consideration such measures as the The Clerk read the resolution, as fol- women around the world. It provides President may judge necessary or expedient; lows: and to supervise the unitary executive. them with the tools they need to fight Finally, the Administration has concerns H. RES. 831 the war on terror, and it provides with a number of other provisions in the bill Resolved, That the requirement of clause much-needed benefits that will im- and looks forward to working with Congress 6(a) of rule XIII for a two-thirds vote to con- prove the quality of life for them and to address them as the bill proceeds. sider a report from the Committee on Rules their families. Mr. LINCOLN DIAZ-BALART of Florida. Mr. on the same day it is presented to the House Mr. Speaker, I strongly support mov- Speaker, I rise today to speak about Rep- is waived with respect to any resolution re- ing the conference agreement forward ported on the legislative day of October 8, resentative GUTIERREZ’s motion to instruct on 2004, providing for consideration or disposi- because of its importance to our na- H.R. 10, I must oppose this motion to instruct. tion of a conference report to accompany the tional security and to our troops in the This motion specifically instructs the con- bill (H.R. 4200) to authorize appropriations field. ferees to remove sections 3005, 3006, 3007, for fiscal year 2005 for military activities of While I will not oppose this martial 3008, 3009, 3032, 3051, 3052, 3053, 3054, the Department of Defense, for military con- law rule which will allow the House to

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