I thank the gentleman and my friend from Florida for yielding time. I speak in opposition to the rule. I want to thank Chairman Thompson, Subcommittee Chair Sheila Jackson-Lee for their bipartisan…
I thank the gentleman and my friend from Florida for yielding time. I speak in opposition to the rule. I want to thank Chairman Thompson, Subcommittee Chair Sheila Jackson-Lee for their bipartisan effort. In fact, this is a bipartisan bill and one that there's really no fundamental reason to vote against.
In fact, some of the amendments we're voting on today, such as people being able to retrieve their cell phones, are very nice. The one on people with hip replacements is very important to me. I have three of the four biggest orthopedic companies in the United States--in fact, in the world--in my district. And Chairman Oberstar and others who go through the machinery with hip replacements have concern on how we do that.
But, you know, it doesn't matter very much if you can find your cell phone or get through security easier if you die. And one of the problems here is I had offered an amendment before the Rules Committee that would have had added an important layer of security for the U.S. commercial aviation to the TSA Authorization Act. Unfortunately, on a party line vote my amendment was not made in order.
My amendment was very simple. In fact, I was shocked. I thought the debate in committee was going to be whether we were going to ask for just a voice vote or a recorded vote to make sure everybody was recorded. Instead, it was challenged. So I brought it to the committee.
It's very simple. It requires TSA to place any detainees held at Guantanamo Bay on the No Fly List. Now I think they ought to stay at Guantanamo, but it looks like I have lost that debate.
They may be coming in the United States. We have released some around the world. Many of them have already committed terrorist acts since then or reaffiliated.
But whether you agree with it or not, it seems so simple and fundamental that, if they're released in America, they ought to go on a No Fly List. For crying out loud, we have all kinds of people on the No Fly List. Why would we not automatically place somebody who is released in the United States on the No Fly List?
It is essential that we guarantee the security of the American people. The TSA Authorization bill is one of the first opportunities we have to take meaningful steps to ensure that any Gitmo detainee released in the United States is a threat to the American public and doesn't get on an airplane.
My amendment closes a potential terrorist loophole. Actually, it's not a loophole. It's a fly hole. It is so huge that it puts all of us at risk.
I offered this amendment during committee markup. Unfortunately, it was gutted by a second degree amendment. It wasn't compromised, it wasn't changed. Basically, it went right back to the current policy we have. It was totally gutted.
The Gitmo prisoners released in the United States may or may not be added to the No Fly List under this bill. It's an interesting thing. There's an option that they could be added to the No Fly List, but there's no guarantee under this bill. It was not a compromise amendment. It was a gutting amendment.
So the committee never had a choice of whether to vote. They voted unanimously on the majority side to not allow my amendment to be voted on and gutted it, saying it would be up in the air.
The transfer or release of any of these detainees is a matter of homeland security. We need to have a serious debate about whether it's appropriate to bring them on U.S. soil, where they will be kept, what will happen if they're released in the United States. But even the President's own administration has noted that any Gitmo detainees released in the United
States would need additional security and monitoring.
In May, Homeland Security Secretary Janet Napolitano stated before the Committee on Homeland Security that DHS would take efforts ``to ensure that Americans are confident in their safety'' and recognized that the Department had a role ``to provide information on what protections are needed in the homeland should Gitmo detainees be released.''
That same day, FBI Director Robert Mueller testified before Congress that bringing Gitmo detainees into the U.S., even to maximum security prisons, poses significant security risks, including radicalization of other inmates.
All I'm asking is they be placed on a No Fly List. Why wouldn't we? Maybe my amendment should have said at least they get denied an aisle seat. I mean, I don't understand this at all.
Despite earlier confirmation by Defense Secretary Gates that the Chinese Uyghurs would be released in the U.S. as soon as the final details are complete, the Solicitor General filed a brief with the Supreme Court on Friday arguing that these individuals should not be brought into the United States since they are associated with a terrorist group. They were associated with the East Turkistan Islamic Movement and they were funded and trained by al Qaeda in Afghanistan, yet they were going to release these 11 in northern Virginia so they could get on the airplanes going out of Reagan Airport. What is wrong with this? We need a guarantee that that's not going to happen.
Despite the concerns of the public and the uncertainty within his own administration, the President is forging ahead with a plan to bring some of these detainees to the United States. Even if they are transferred from Gitmo to a U.S. prison, they could fall under constitutional protections allowing for their release. And this is a very real possibility with existing precedent. Then it will be even harder to put them on a No Fly List.
Based on a Supreme Court ruling, DHS is forced to release illegal aliens, including many dangerous ones, after 180 days.
How can we be assured that Gitmo detainees will be treated differently? The simplest way to do this is to say you will automatically be placed on a No Fly List. No debate. You're automatically on there if you are a detainee.
The detainees held at Gitmo are not low-risk, innocent people. They are they worst of the worst. Most of the Gitmo detainees are violent radicals, hardened on the battlefield and willing to die or kill for their cause.
According to DOD, 74 of the 530 transferred from Gitmo are confirmed or suspected to have returned to the battlefield since we have released them. Some have carried out attacks. This includes Abdallah Saleh al- Ajimi. Ajimi was arrested along the Pakistan-Afghan border in December 2001, fighting alongside al Qaeda. He was transferred from Gitmo to Kuwait in November 2005. In 2008, he joined several others in a suicide bombing in Iraq, killing more than a dozen people.
This is somebody who was released from Gitmo, one of the early releasees. The ones we have now, we would deem not safe enough to release. This is somebody who we released.
According to the Department of Defense, ``He was apparently living a productive life in Kuwait. It was unknown what motivated him to conduct a suicide attack.''
In this second poster, this is Said Ali al-Shihri. Shihri was captured in Pakistan in December 2001. He was transferred from Gitmo to Saudi Arabia in November 2007. He fled to Yemen, declaring himself the deputy director of al Qaeda in Yemen, and is a prime suspect in the December 2008 bombing of the U.S. Embassy in Yemen.
This is one we released. This is not one of the 530 who we're still holding because they were too dangerous to release.
The security concerns and lack of a clear plan from this administration demonstrate an absolutely clear need for proactive restrictions on detainee freedom to travel within the U.S. should they be transferred here. Congress must play an active role in ensuring that any detainees released in U.S. communities do not pose a threat.
A Gallup Poll released this week found that by a ratio of 3:1, respondents oppose moving detainees to the U.S. prisons. I don't think we need a poll to find out whether they want them next to them on an airplane. In Indiana, we have an expression: You can count them on one hand and have enough fingers left to bowl.
Other than people in Congress, I can't imagine anybody who wants these people who are released on planes next to them. They make a mockery of ``Fly the Friendly Skies.'' One slogan is ``Fly with Friends.'' Another slogan is ``Lower Fares, Fewer Restrictions.''
I mean, think of the airline slogans with this. My favorite is Delta says, ``Delta Gets You There.'' They're going to need to add, ``Maybe.''
If we don't have this protection, we are vulnerable. This is a matter of national security. As important as this bill is, as important as these amendments are, our number one responsibility is guaranteed safety.
I do not understand. I simply do not understand why my friends on the majority side don't even want to have a vote to say, not keep them in prison, not keep them in Guantanamo. This is about a vote should they automatically be placed on the No Fly List.
Mr. Speaker, we are dealing with so many important issues in this bill, but there are none as important as the issue of whether the actual people getting on board with you are terrorists, which is the fundamental thing we should be concerned about.
My amendment said: the Assistant Secretary, in coordination with the Terrorist Screening Center, shall include on the No Fly List any individual who was a detainee housed at the Naval Station Guantanamo Bay, Cuba, on or after January 1, 2009. For purposes of this clause, the term ``detainee'' means an individual in the custody or under the physical control of the United States as a result of armed conflict.
That is all in the bill. So what happened in committee? I sat on committee. It was not unanimous. I abstained. I supported the bill, but I could not support a bill with this kind of terrorist fly-through in it.
The words that were added were ``after a final disposition has been issued by the President.''
These people are all lawyered up. They are fighting every process to hold them. Many of them, probably, will win, partly because we don't want to go into open court, having to release the information of how we got the information of why they're there, because--guess what? People are getting beheaded. They're exposing our entire lines of tracking information, so some will get out on that basis. Some will get out on the basis that their countries won't take them back.
It also says here: ``the final disposition.'' Well, if they're released in the United States, lawyered up and on trial, I don't want people here who are involved in blowing us up and who have been fighting and killing our soldiers. These people who are still there are the ones we haven't already released. I earlier gave examples of people who were released, those who have gone back in, meaning, already, 20 or 30 percent of them have been re-involved.
Now, a final disposition can take anywhere from 2 years to a decade to forever. Then there is a final disposition by the President. Well, what if they're just plain released?
Do you think you're really going to be able to hold them if they've been released? The courts may very well rule we can't even hold them in the United States.
This amendment and anybody who goes to the legislative intent will hear the debate. The debate was not about whether or not they were all going to be placed on the No Fly List. The debate was about whether I was prejudging the people who were in Gitmo. Legislative intent will show that this amendment was meant to keep some people from being added to the No Fly List.
Any legislative intent will show that, in committee, the intent here was to say: Souder was trying to prejudge the people in Gitmo in that they shouldn't be on a No Fly List and that some of those people should be on a No Fly List. It's indisputable. It's in the Record.
So, unless we change the bill, this is a gutting amendment that does not put people on the No Fly List. It is current law which says that the President has the opportunity to put them on a No Fly List.
I will yield to the gentlewoman from Texas.
Reclaiming my time, I agree with the gentlewoman. If there is any logic in the world, not a single person here is not going to be on the No Fly List, but we have no assurances. We can't predict what the courts are going to do. We can't predict that.
We can't predict what any President or any Attorney General is going to do at any given moment. Even if this goes 8 to 10 years and even if the current President serves two terms, we can't predict it. The fact is that my amendment predicted it.
It says, if you are released in the United States, you are automatically on a No Fly List. There was at least enough risk.
Poor Congressman John Lewis keeps getting on these lists, and we keep trying to get him off. You can see what a mess sometimes our lists are. It ought to be, if you're in Guantanamo--this is simple. We have their names. We have their fingerprints. We know who they are. We know that they are potential risks. Why would you resist? Just put them on a No Fly List. Why take the gamble here?
I would yield to the gentlewoman.
Reclaiming my time, we do not know anything. The only way we know it is to put it into law. We are speculating and are hopeful. Logic would suggest that my amendment is not needed. But in watching what has happened in America today, guess what? The American people look at Congress; they look at the executive branch, and they don't often see common sense at times.
Furthermore, particularly as we head into an era where courts are going to go, perhaps, more on feelings rather than on law, this is a risky time period. We need to make it clear-cut--absolutely--if you're in Guantanamo.
Now, we've already released a bunch, and a whole bunch of them are coming back and are hitting us. At the very least, if we're not going to keep them in prison, if we're not going to keep them in Guantanamo, at the very least, this Congress needs to guarantee you will absolutely, certainly, 100 percent--not hopefully, not maybe, not probably--100 percent not get on an airplane out of Reagan Airport, sitting next to us, with the ability to blow up this Capitol building and the White House.