[Congressional Record Volume 148, Number 105 (Monday, July 29, 2002)]
[Extensions of Remarks]
[Pages E1465-E1466]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    H.R. 5005, HOMELAND SECURITY ACT

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                           HON. DIANA DeGETTE

                              of colorado

                    in the house of representatives

                         Friday, July 26, 2002

  Ms. DeGETTE. Mr. Chairman, I rise to vehemently oppose the Rogers 
amendment to H.R. 5005. This is a dangerous amendment that would create 
a slippery slope, eroding the intent and protection of the Posse 
Comitatus Act. Mr. Armey plans to offer a manager's amendment that 
includes a sense of Congress re-affirming the intent of the Posse 
Comitatus Act, yet, it would have no legal impact. Furthermore, if the 
Rogers amendment is included in the final version of H.R. 5005, the 
sense of Congress will provide absolutely no protection against the 
dangers of the Rogers amendment. It is currently illegal for the 
military to conduct law enforcement, and Congress must not threaten 
this principle by passing the Rogers amendment.
  For 124 years, the Posse Comitatus Act has protected the American 
public from the power and reach of the military in the enforcement of 
the law. The authors of the Declaration of Independence railed against 
the power of King George's army in the affairs of the civil government, 
and, in America's earliest years, the public rightly feared the 
strength of a standing army in times of peace. The military is not 
trained to protect individual rights or the principle of innocent until 
conviction. Nor should they be. The military is charged with the 
protection of the nation against armed attack by

[[Page E1466]]

foreign hostile regimes. We should never allow the military to become 
entangled in the enforcement of our civil laws.
  The Rogers amendment would give the military a permanent position 
within the Department of Homeland Security to make changes to our 
government's law enforcement structure. Should the Rogers amendment be 
included in the final version of the Homeland Security Act, the 
military would be able to influence civilian use of the Internet, 
agricultural inspection activities, and customs enforcement, among 
others. We do not want generals in the Pentagon influencing civilian 
use of the Internet. We do not want the Pentagon issuing visas and 
standing on our borders watching who comes and who goes. We do not live 
in a Communist state and the military should not be enforcing our civil 
laws.
  While Mr. Armey will offer an amendment to re-affirm the intent of 
the Posse Comitatus Act, it will have no legal effect. The Rogers 
amendment would. Vote no on the Rogers amendment.

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