[Congressional Record Volume 150, Number 130 (Monday, October 11, 2004)]
[Extensions of Remarks]
[Page E1961]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                9/11 RECOMMENDATIONS IMPLEMENTATION ACT

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                               speech of

                         HON. JAMES R. LANGEVIN

                            of rhode island

                    in the house of representatives

                        Friday, October 8, 2004

       The House in Committee of the Whole House on the State of 
     the Union had under consideration 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:

  Mr. LANGEVIN. Mr. Speaker, I rise today in support of this measure, 
not because I endorse all of its provisions, but because I believe that 
Congress must act swiftly to reform our intelligence community and to 
protect our homeland.
  As a member of the House Armed Services Committee, I believe H.R. 10 
does not go far enough to establish a National Intelligence Director 
with real authority. I agree that we must provide the Department of 
Defense and our men and women in uniform with the military intelligence 
needed to be successful, an assertion that 9/11 Commission Vice 
Chairman Lee Hamilton accepted even though it was not specifically 
addressed in the report. At the same time, if we do not grant the NID 
true authority over our intelligence assets, we run the risk of adding 
another layer of bureaucracy that complicates, not simplifies, the 
challenges facing our system.
  Furthermore, I am disappointed that H.R. 10 is largely silent in 
addressing the threat of nuclear weapons proliferation. There is no 
greater danger to our homeland than the possibility of a nuclear weapon 
being smuggled into our country by terrorists. Russia and many former 
Soviet republics retain nuclear material that is not appropriately 
safeguarded, and the United States must lead an international effort to 
track down, lock up and destroy those potentially deadly weapons. 
Unfortunately, an amendment offered in committee by the gentlewoman 
from California, Mrs. Tauscher, and the gentleman from South Carolina, 
Mr. Spratt, was blocked from consideration.
  On a more positive note, this legislation appropriately recognizes 
the need to enhance our human intelligence capabilities and creates a 
national counterterrorism center to coordinate interagency intelligence 
efforts.
  I am also heartened that H.R. 10 heeds the Commission's call to 
enhance America's image in the world and prevent the rise and 
recruitment of future terrorists. Dr. Joseph Nye, the former dean of 
the Kennedy School of Government and Assistant Secretary of Defense for 
International Security Affairs, has talked about the need to supplement 
our military might with ``soft power''--efforts to win the world's 
hearts and minds with our values and culture. Successfully exercising 
this type of power requires that we pursue many fronts, including 
international diplomacy, democracy-building, cultural exchanges, 
economic development, educational initiatives and communication about 
our values and ideals.
  To win the ideological battle being waged in the world today, we have 
to offer an alternative to the hopelessness and despair that the likes 
of Osama bin Laden and al-Qaida prey upon. There are millions of young 
people in the Islamic world who are hungry for hope and opportunity, 
and it is in our interest to show them that hope lies in freedom, 
liberty and democracy--not in extremism and hate. In doing this, we 
take a major step towards ensuring that we win the long-term war on 
terror.
  As the 9/11 Commission so eloquently put it: ``We need to defend our 
ideals abroad vigorously. If the United States does not act 
aggressively to define itself in the Islamic world, the extremists will 
gladly do the job for us.'' While H.R. 10 does not implement all of the 
Commission's recommendations in this regard, I am pleased that our 
nation is finally taking an important step toward bolstering its 
stature in the world. I am hopeful that the Conference Committee will 
adopt stronger provisions from the Senate bill regarding our efforts in 
Afghanistan, public diplomacy initiatives, educational and cultural 
exchange programs, and economic development initiatives.
  With regard to domestic security, the measure before us today takes 
some major steps forward. As recommended by the Commission, the bill 
calls for the creation of a stronger biometric entry-exit screening 
system, global standards for security systems, a transportation 
security strategy for all sectors, and improved prescreening of airline 
passengers. H.R. 10 also moves closer to a threat-based formula for 
distribution of first responder grants, an important change in the way 
we fund state and local preparedness efforts. Unfortunately, the bill 
falls short of several critical goals, among which are protecting 
privacy in information-sharing, ensuring spectrum and equipment for 
public safety interoperable communications, enhancing private sector 
preparedness, and improving the way we track terrorist travel and 
financing.
  Most disappointingly, H.R. 10 undertakes a number of controversial 
immigration modifications not recommended by the 9/11 Commission and 
not found in the Senate legislation, which passed earlier this week by 
a resounding vote of 96-2. The inclusion of these divisive sections 
will likely slow down the upcoming conference and delay implementation 
of the many beneficial parts of this legislation.
  One worrisome provision of H.R. 10 strips from the courts their 
traditional judicial oversight in many immigration cases and may 
require automatic deportation of noncitizens, even if they will face 
torture in the country to which they are sent. Not only is this 
provision a violation of the International Convention Against Torture, 
it is morally unacceptable and risks further damaging America's image 
in the world.
  In addition, the bill expands the use of secret intelligence court 
orders, which can be issued under a far lower standard than 
conventional warrants or wire taps. The unfortunate inclusion of these 
and other extraneous provisions threatens civil rights and civil 
liberties and endangers the future of intelligence reform. I look 
forward to addressing some of these issues during the amendment process 
and urge conferees to reject any provisions which would threaten the 
bipartisan, bicameral response that the 9/11 Commission's report 
requires.
  I am pleased that we will have the opportunity to vote on a 
substitute offered by the gentleman from New Jersey, Mr. Menendez, and 
I urge all of my colleagues to support its passage. The Menendez 
substitute is based on the bipartisan McCain-Lieberman-Collins 
legislation, which has the support of the 9/11 Commission, the White 
House and families of the 9/11 victims. This amendment addresses all 41 
of the Commission's recommendations, and does so without adding 
controversial and divisive provisions that jeopardize the broad-based 
support the recommendations have garnered.
  I am deeply disappointed that the House leadership has denied the 
minority a voice in drafting this bill, and I urge my colleagues to 
support the Menendez substitute to correct these problems. However, 
should it fail, I am confident that we will be able to improve this 
legislation in negotiations with the Senate and the White House so that 
we may provide the type of reform that the American people deserve.

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