Floor Statements

Mr. Speaker, I rise today to honor the distinguished work of Professor John J. Montgomery, a native Californian who was a pioneer of early aeronautics from 1882 until 1911.

Professor Montgomery made many distinguished advances in the field of aerodynamics and fluid mechanics. In 1883, he designed, constructed, and flew a glider 600 feet at Otay Mesa, California, achieving the very first controlled flight of heavier-than-air, fixed winged craft in history. This was quite a remarkable feat, as Professor Montgomery relied only upon his superb knowledge of fluid mechanics and his scientific observations of birds.

In 1893, after many more years of exploration and reflection, Professor Montgomery attended several conferences where he was able to share his findings with the world. Audiences were captivated by his writings describing fluid mechanics and his initial flight experiments. His original manuscript, aptly titled ``Soaring Flight,'' contained some of the world's earliest understanding of fluid dynamics and is now proudly displayed at the Smithsonian Institute in Washington DC.

As Professor Montgomery's interest and knowledge in fluid mechanics grew, he continued to explore the abilities of larger aircraft. Professor Montgomery was exhilarated by these larger models, and when inspired to fly, he retreated to the beautiful Leonard Ranch in Aptos, California, here in the 17th district.

In 1903 Professor Montgomery reached a breakthrough and built a full- scale version of his tandem wing design. He quickly began testing the abilities of his new machine by flying it like a kite, performing load carrying tests, practicing vertical drop launch, and equilibrium and control tests. He continued to conduct these tests and manned flight experiments in the spring and summer of 1904.

In the winter of 1904-1905, Montgomery was ready to display the skills of his new craft in a spectacular new way. Montgomery hoisted his craft high into the air with the aid of a hot air balloon. Montgomery then trained a circus acrobat and a professional parachutist, Daniel J. Maloney, the delicate skills required to steer the aircraft. In March, 1905 in Aptos, the hot air balloon hoisted the glider and Mr. Maloney, high into the air. Audiences then were treated to the show of a lifetime. Mr. Maloney darted upward and downward, carving circles and figure eights. The new aircraft was an absolute sensation, with the longest flight lasting an astonishing eighteen minutes and covering a distance greater than two miles. Truly this was the very first flight of its kind, and Montgomery's ``aeroplane'' set lasting altitude and endurance tests that served as a testament to Professor Montgomery's genius.

Mr. Speaker, I would like to congratulate the achievement of this fine gentleman on this day, March 19, 2005, the Centennial Celebration of his ``Soaring Flight''. Professor Montgomery will always be remembered for his ceaseless devotion to aerospace science and his many contributions to the Santa Cruz County community in the 20th century. Though no longer with us, it is my honor and pleasure to recognize such a unique and fascinating individual.

Mr. Speaker, I rise today to honor the Dudley Knox Library staff of the Naval Postgraduate School in Monterey, California, located in my Congressional District. The Naval Postgraduate School is an academic institution focused on graduate and research programs relevant to the Navy's interests. For the second consecutive year, staff members from the Dudley Knox Library will be honored by the Librarian of Congress.

Dudley Knox is recognized nationally as a leading library in government and defense information. The library has been selected from among more than 2,000 libraries operated by the federal government to receive the 2004 Federal Library/Information Center of the Year award in the competitive library/information center category.

The Federal Library of the Year Award applauds the library's exemplary achievements throughout the past year. The award is based upon customer satisfaction and innovative services and resources. During the past year the Knox Library has created several new services, including a virtual reference service, an active instruction program that has attracted more than 2,300 users, and an added wireless internet service. The Library also provided foreign language keyboard support in response to requests from International students who comprise 25 percent of the student body.

In addition, the library added a Homeland Security Digital Library, a state-of-the-art digital library to serve the needs of a particular user group. It is cited by others as a model for its use of emerging technologies with other agencies and groups.

The Dudley Knox Library owes its success to its dedicated and skilled staff of 34. Throughout the year the entire staff has consistently made sure that library members obtain accurate information for their academic and research endeavors. It is not uncommon to find more than 10 percent of the resident student population in the Library at any one time during the day.

Mr. Speaker, I wish to commend the Dudley Knox Library staff for their exceptional dedication and creativity in their jobs and their continual pursuit in developing an outstanding library. Out of more than 2,000 libraries and informational centers operated by the federal government, the Dudley Knox Library has deservedly earned the 2004 Federal Library/Information Center of the Year award.

Mr. Speaker, I rise in strong support of H. Res. 120, commending members of the Armed Forces and civilian employees of the Department of State and the United States Agency for International Development in response to the earthquake and tsunami of December 26, 2004.

In particular, I want to share with my colleagues how a professor from the Naval Postgraduate School, located in my district, assisted victims of the tsunami in Thailand. As coincidence would have it, Professor Brian Stackler was in Bangkok shortly after the tsunami when he realized that a field experiment he was planning to conduct in six months could save disaster victims' lives. Within days, he and his team were able to set up a wireless communications network near Phuket, and weeks later a broadband wireless Internet connection for more than 4,000 refugees, volunteer workers, international DNA testing and response teams, NGOs, and the media. As you can imagine, these emergency communication services were overwhelmed, so Professor Stackler and his team established voice-over Internet connections allowing computer users to speak over their microphones.

The impact of this technology was profound. It speeded up identification of victims and facilitated communication between victims and the outside world.

Professor Brian Stackler and his team are unsung heroes to thousands of victims of the tsunami and richly deserve the recognition provided by H. Res. 120.

Mr. Speaker, I rise today, as the whole House of Representatives rises also, to honor the exemplary life of Harbhajan Singh Khalsa Yogiji. He died on October 7th 2004, just several weeks after his 75th birthday. Though he gained notoriety as a great yoga teacher, throughout his life he wore many hats; that of a successful business man, an author and a diplomat who bridged the boundaries of culture and religion.

The man we know as Yogi Bhajan was born Harghajan Singh Puri on August 26th, 1929 in a part of India that later became Pakistan. He spent his youth attending Catholic convent school and studying yoga from the age of eight years old. At just sixteen his teacher, Sant Sazara Singh, proclaimed him to be a Master of Kundalini Yoga. The rest of his life was punctuated by selfless leadership and teaching to people from all walks of life.

After working in the Indian government for some time, in 1968, Yogi Bhajan left India for Canada to focus on teaching yoga. This began his ascent to popularity throughout the world. After recognizing that the spiritual seekers of that day, called ``hippies'', were trying to find a higher consciousness via drugs, Yogi Bhajan realized that this could be found rather by practicing Kundalini Yoga. He began teaching the ``3HO'' way of life, meaning a healthy, happy and holy life. Soon he was in high demand. Eventually he founded the non-profit 3HO Foundation, which services humanity through Kundalini Yoga, the Science of Humanology, mediation, and a deepening of spiritual awareness. There are now 300 centers in 35 countries.

Yogi Bhajan continually merged the principles of his belief with business throughout his time on earth. He founded 3HO Superhealth, which has become a highly successful drugless drug rehabilitation program. He furthermore wrote books, conducted workshops, and made his teachings available to large numbers of people via videotapes. He was a tireless advocate of world peace and encouraged dialogue among world leaders, including the Dalai Lama, Pope John Paul II, Pope Paul VI and two Archbishops of Canterbury.

One of Yogi Bhajan's greatest accomplishments stemming from his efforts was the official recognition of Sikhism as a religion in the USA. Because of this, he was given the task of creating a Sikh Ministry in the West. I know that the Sikh community in my district has the utmost respect and gratitude for his labors on this behalf.

Mr. Speaker, Yogi Bhajan was a person who ``walked the walk''. He used the beliefs and principles he believed in sincerely and authentically to better the world, enhance his community and enlighten his fellow human being. I am proud to honor him today.

Mr. Speaker, I rise today to honor Mr. Robert J. Mancuso, C.E.C., Executive Chef for the world-renowned Sardine Factory Restaurant on Cannery Row, who has been named Chef of the Year by the Monterey Bay Chapter of the American Culinary Federation.

Mancuso won high honors at the Culinary Institute of America in Hyde Park, New York, graduating in 1990. He also earned an associate's degree in culinary arts, and in April of 2003, he received the prestigious Certified Executive Chef certification from The American Culinary Federation.

His career has taken him to prominent restaurants throughout the United States, giving him a strong background in the diversity of dining styles in this country. According to Mancuso, ``California is a culinary mecca and as the Executive Chef at The Sardine Factory, I will have the opportunity to strengthen American cuisine by working with individual agriculture growers. The resources are here--coastal seafood, fresh vegetables, and prime poultry.''

His outstanding talents have won him numerous national and international culinary awards, including 13 gold medals in national and international competitions. He is a member of Les Toques Blanches, an honor society of chefs in the United States. In 1996 he was on the Culinary Olympic Team USA, representing 25,000 chefs from the American Culinary Federation.

In addition, Mancuso is a regular participant in fundraising for charity events in the local community and has mentored many students in the culinary field. Mr. Speaker, I wish to honor Chef Robert Mancuso for his many accomplishments, for his dedication to his art, and to express my sincere gratitude for his service to the community.

Mr. Speaker, I rise today to congratulate my constituent, Mr. Clint Eastwood, on his recent Oscar awards. His film, Million Dollar Baby, was nominated in six categories, and won four: himself as Best Director, the film as Best Picture, Hilary Swank as Best Actress, and Morgan Freeman as Best Supporting Actor. Any one award would be a testament to Clint's art and the talents of his team, but four awards is an amazing achievement!

This year Clint celebrates a 50-year career in show business. We all know and have enjoyed his work over the years. Each movie seems to build on the last, and they keep getting better.

This year's awards are not his first Oscars. In 1992, Unforgiven took Best Director and Best Picture, and he was nominated for Best Actor in a Leading Role. Here in the 17th District, Clint's most famous role may be his term as Mayor of Carmel, and tourists still come to town hoping for a glimpse of ``The Mayor.''

Mr. Speaker, today I applaud Clint Eastwood not only for his most recent accomplishments, but also for his life-long dedication to his art. This Nation is richer for his creations. I wish him and his wife Dina all the best in the years to come.

Mr. Speaker, I rise today to honor John ``Bricky'' Crivello, who passed away at his home on March 4, 2005. All of us who knew John's lifelong devotion to fishermen's' rights, his friends and family, and any official who had a say in the matter, will be remembered within the Monterey community.

Born in Monterey, CA in 1911, Bricky played football, baseball, basketball, golf and track at Monterey High School. During this period he was nicknamed ``Bricky'' because of his red hair--a name that would remain with him for the next 70 years. After high school Bricky was a fisherman for a short time, but soon joined the Monterey fishing industry. For more than 60 years, he worked as the business agent for the local branch of the International Fisherman's Union.

He was an advocate for more than 900 local fisherman during the industry's boom of the 1940's and 1950's. Although the industry shrank, Bricky remained working in the industry through his 80s. Because he represented

hundreds of fisherman, many political candidates seeking support and votes visited John's small Monterey office on the wharf.

Bricky worked with my father, the late Senator Fred Farr to draft and advocate legislation that allowed California's fisherman to collect unemployment benefits. This was one of Bricky's proudest achievements. A proud Italian-American, John also supported the predominantly Italian-American fishing community. He was instrumental in establishing and getting approval from the City of Monterey to have the bocce ball courts created which are still in use today.

Bricky was endearingly referred to within his community as a ``character''. He was a friend to everyone and very dedicated to his work and fishermen's rights. He was always talking about the plight of the fishermen never having enough money to make it, needing more tonnage and unemployment. Everyone within the community loved Bricky.

Mr. Speaker, I wish to remember Bricky for his honor, humanity, and love for Monterey Bay and its people. John consistently was helpful and loyal as a friend, husband, father and advocate. Our thoughts go out to his family, Kathryn Alkire, John Crivello, and JoAnn Crivello. He was a good friend to me, taking the time to talk about the old days, about my father, and about his love for golfing at Rancho Canada. I will miss him greatly, but know his life will continue to inspire those he touched.

Mr. Speaker, I rise today to honor Lewis Lowry Fenton, who passed away February 10, 2005 at the age of 79. Lewis's life long dedication to education and community service will forever remind us of the importance of kindness, dedication and outstanding civic leadership.

Born in Palo Alto, California, Lewis completed his undergraduate and law degree from Stanford University. After serving in the Army Air Corps, he partnered with his mentor, J. Hampton Hoge, and established the Hoge and Fenton Law Firm in Monterey, California. After the firm expanded, Lewis remained counsel to two firms, Fenton & Keller in Monterey and Hoge, Fenton, Jones and Appel in San Jose.

Lewis's keen interest in professional and community activities are extensive and reveal a lifetime of dedication to his career and the improvement of a long list of community organizations. In 1963 he was the president of the Monterey County Bar Association and one of the top civil litigators on the Central Coast. Amongst his many awards he was listed in both Who's Who in America and the ``Best Lawyers in America''. Throughout his life, Lewis showed enduring commitment to teaching law. He was a faculty member at the Hastings College of Law and the Stanford Law School.

Lewis's civic duties also made a significant impact on the Monterey community. In the Community Foundation of Monterey County, he was the President of the Board of Governors. A board member of many organizations, Lewis made a pioneering contribution to the Community Hospital of the Monterey Peninsula. He was also a founding board member of the Monterey Bay Aquarium and a founding board member of the Board of Trustees for the York School, where he devoted 50 years of extensive involvement.

Mr. Speaker, I wish to remember Lewis for his honorable career and his contribution to our society. Lewis consistently went above and beyond the roles bestowed upon him, and has left a legacy of leadership and inspiration. Our thoughts go out to his family. While he will

be sorely missed, his life will continue to inspire those he touched.

Mr. Speaker, I come to the floor to call attention to important legislation that has been introduced today, The Military Readiness Enhancement Act. I am an original cosponsor of this legislation which would replace ``Don't Ask Don't Tell,'' with a non- discrimination policy for all military personnel.

A decade ago, ``Don't Ask Don't Tell'' was enacted as a compromise to allow lesbian, gay and bisexual military personnel to serve honorably in the military as long as they didn't disclose their sexual orientation. It was a bad policy then and it's a bad policy now. It has resulted in the discharge of more than 10,000 dedicated and trained military personnel merely on the basis of their sexual orientation.

There are two issues this bill is addressing--military readiness and civil justice.

Military readiness is being compromised by discharging critically needed military linguists to fight the Global War on Terrorism. Shortly after September 11, 2001, we can vividly remember the frantic search for linguists, particularly Arabic and Farsi speakers. But because of ``Don't Ask Don't Tell,'' the Department of Defense has discharged 20 Arabic linguists and 6 Farsi linguists for no other reason than their sexual orientation. No one can dispute that these linguists, who attended the Defense Language Institute located in my congressional district, are mission essential to the Global War on Terrorism. If we didn't think so before, surely we can agree now that language capability and proficiency is just as much of a weapon system as guns and bullets.

Repealing ``Don't Ask Don't Tell'' is just as much a civil justice issue. It has created a separate class of people who are discriminated against based solely on their sexual orientation. Sixty years ago our military was at the forefront of the civil rights struggle by accepting African Americans as soldiers, sailors and airmen. The Military Readiness Enhancement Act will extend a non-discrimination policy for sexual orientation much as it did in adopting a color-blind non- discrimination policy. Ending racism in the military, which produced military leaders like Colin Powell, the former Joint Chiefs of Staff and Secretary of State, was an advancement of civil rights for all Americans.

The Constitution guarantees equal protection under the law for all citizens. Just because you decide to honorably serve your country by joining the military, doesn't mean you should have to forfeit the right to equal protection under the law.

Mr. Speaker, I rise today to honor Manuel Santana, a devoted member of our community. Mr. Santana was born and raised in Los Angeles. Though he is a favorite local artist and restaurateur, Mr. Santana focused academically on education, psychology and sociology, receiving a degree from Los Angeles State College in 1950.

In 1952, Mr. Santana was recognized as a burgeoning young artist and offered a scholarship to Otis Art Institute. At the Institute, Mr. Santana studied painting and composition with such noteworthy artists as Martin Lubner, Morton Dimonstein and Arnold Mesches.

Since that time, Mr. Santana has been dedicated to the Santa Cruz community, a commitment that has lasted for over 40 years. Mr. Santana's community service includes founding the Martin Luther King Committee, receiving an award as a UCSC Fellow for Merrill College, directing numerous civic organizations, and serving several terms as President of the Cabrillo Music Festival. Mr. Santana's dedication to the arts and our community has enhanced our cultural and artistic intellect and we are most appreciative for his involvement.

In addition to Mr. Santana's dedication to the arts, his profound knowledge of delicious Mexican cuisine is legendary in the 17th District. Mr. Santana owned and operated two Mexican restaurants, both renowned for their menu and atmosphere. Manuel's Mexican Restaurant in Aptos is celebrating its 40th year of operation, a testament to its reputation as a local favorite. Also owned and operated by Mr. Santana is his beautiful and magical Jardines de San Juan located in historic San Juan Bautista.

Mr. Speaker, I would like to express my deepest gratitude to Mr. Santana for his ceaseless support of the arts and community. It truly is an honor to speak on his behalf and I wish him and the Santana family all the best.

Mr. Speaker, I rise today to honor the life of Gary Garmann, a local architect that brought the beauty of form to the 17th District. Mr. Garmann passed away on January 24, 2005 at age 62. He is survived by his loving wife, Robin, his son, Rees; daughter Jodi; his parents Dorothy and Fritz Garmann, of Silverdale, Washington and his brother Ken Garmann of Yelm, Washington.

Gary came to Santa Cruz in 1977, with a goal to expand his professional goals, and he made his presence known ever since. He helped rebuild the downtown region of Santa Cruz after the devastating Loma Prieta earthquake in 1989, by designing such buildings as LuLu Carpenter's and the Borders building downtown. These beautiful buildings now stand as local landmarks, and a testament to Mr. Garmann's talent as an architect.

Mr. Garmann's generosity and commitment to the community extended far beyond his ability to design beautiful architecture. He also selflessly donated his time to the Kuumbwa Jazz Center, where he sat on the board, as well as the Santa Cruz Museum of Art and History. Mr. Garmann additionally assisted in the planning of the Santa Cruz homeless shelter, giving his time and energy to those most deeply in need.

Mr. Speaker, I would like to express my deepest sympathy to Mr. Garmann's family by celebrating his life and his contribution to society. His beautiful buildings, his generous spirit and his love for others, will stand as a testament to his character long into the future. Mr. Garmann is admired by all for his dedication both to his business and the community and he will be greatly missed.

Mr. Chairman, I offer an amendment.

Mr. Chairman, I yield myself such time as I may consume.

This amendment is simple and straightforward. It strikes Section 102, which is entitled the ``Waiver of Laws Necessary for the Improvement of Barriers and Borders'' from the bill. I think the provision is trying to fix a process that is not broken.

I offer this amendment to strike Section 102, not to stop construction of the remaining 3 miles of the border fence, but to preserve the rule of law that this country was founded on.

I want my colleagues to listen. I want to make this very clear. The breadth of this provision is unprecedented. The border fence in San Diego is under construction right now. Of the 14 miles authorized to be constructed, more than 9 miles of triple fence have been completed. Only two sections have not been finished. In order to finish the fence, the Customs and Border Patrol has proposed to fill a canyon known as Smugglers Gulch with over 2 million cubic yards of dirt. The triple fence would then be extended across the filled gulch.

In February 2004, the Coastal Commission of California determined that the Customs and Border Patrol had not demonstrated, among other things, that the project was consistent to ``maximize'' to the extent practicable with the policies of the California Coastal Management program, the State program approved under the Federal Coastal Zone Management Act.

The Coastal Zone Management Act requires Federal agency activity within and outside the coastal zone that affects any land use, water or other natural resources in the coastal zone to be carried out in a manner that is consistent, to the maximum extent practicable, with the policies of an approved State management program.

However, as stringent as these requirements are, if a Federal court finds a Federal activity to be inconsistent with an improved State program, the Secretary determines that the compliance is unlikely to be achieved through mediation, the President may exempt from compliance the activity if the President determines that the activity is in the paramount interest of the United States.

All the authority needed to build the barrier fence already exists in law. We can use laws and process that we have to get this fence built. There is no need for a blanket waiver to get any barrier constructed.

On October 26 of 2004 the Coastal Commission staff met with the Customs and Border Patrol/Homeland Security. In that meeting the Customs and Border Patrol explained why they did not believe additional comments, other than those that had already been agreed upon, were necessary to bring the project into compliance with the applicable coastal policies. Customs and Border Patrol maintained that it still wanted to continue to work with the Coastal Commission on measures they had agreed to, and the Coastal Commission indicated their continued willingness to work with them, despite the overall disagreement with some of the project components such as the Smugglers Gulch fill.

Coastal Commission informed Customs that in order to complete the Federal consistency review process, they would have to write a letter outlining their position. However, the Coastal Commission has not received any letter.

So why are we trying to fix something that is working through the established process of law? I ask because the reach of this amendment is actually the border fence in San Diego.

The proposed section 102 gives an unprecedented waiver and power to the Secretary of Homeland Security, not only for the border fence in San Diego but for any, any area. If enacted, the new 102 section would provide the Secretary of Homeland Security not only with the authority to waive all laws he determines necessary to ensure the expeditious construction of barriers and roads, but the requirement that the Secretary do so.

As I mentioned, there is no evidence that such an extraordinary rejection of the rule of law is necessary in the first instance.

Current law allows the DHS Secretary to waive the National Environmental Policy Act and the Endangered Species Act at the barrier, and this same provision was allowed to the Attorney General prior to the creation of the Department of Homeland Security.

This provision has never, to date, been used in San Diego nor am I aware at any other time the authority has been used on the barrier fence. So the remedies are there; they are in the law.

We forget in this debate that Mexico is the number one trading partner of California. It is the busiest border in the world for the legitimate transfer of people and commerce, and it is in the city and County of San Diego, and neither of those jurisdictions has asked for this draconian waiver. Neither has the State of California.

Why would the Government of the United States of America, at a time when we are advocating the support and enforcement of law, why would the government now want to forbid the use of our own law to finish the fence? Not even the importance of securing the border can justify placing a government official above the law.

As I mentioned, my colleagues ought to be wary of what is proposed here. It grants authority to waive all laws notwithstanding any other provision of the law. This section also says, notwithstanding any other provision of the law, no court shall have jurisdiction to hear a claim, to order any relief.

How can we celebrate elections in Iraq and the honor of law when we in Congress are now asking that we waive all laws?

Mr. Chairman, I rise today in strong opposition to H.R. 418 and I urge my colleagues to do the same.

This bill is a misguided attempt to implement immigration reform under the guise of Homeland Security. This bill turns its back on a core principle that distinguishes America from other nations; that of being a safe haven for the tired, poor, and weak. The three specific policies that the bill addresses--the border fence, asylum provisions and driver's licenses standards--should have been vetted through the Committee process. Instead, this legislation has been rushed through the process--without hearings, without debate, and with very little input from the minority side of the aisle. This bill is being debated simply for politics instead of going through a legitimate legislative process, a fact that should be of concern to every Member, Republican and Democrat alike.

Today I will offer an amendment. My amendment is simple and straight forward. It strikes section 102 from the ``REAL ID Act of 2005''. The proposed provision is trying to fIx a process that isn't broken. Section 102 gives an unprecedented waiver and power to the Secretary of Homeland Security. If passed, the Secretary has the sole discretion to wave all laws in order to expedite the construction of barriers and roads. There is no evidence that such an extraordinary rejection of the rule of law is necessary in the first instance. Current law already allows the DHS Secretary to waive the National Environmental Policy Act and the Endangered Species Act for the fence construction, the same exemption authorization that was allowed the Attorney General prior to creation of DHS. I look forward to the debate on my amendment.

As I stated before, H.R. 418 is not a good bill and even more troubling is that we had no hearings or committee debate on it. We need frank and productive dialogue about the state of our immigration system and this bill does nothing to open up the discussion that this country needs to have. I do not support illegal immigration, but I do support the people who have come to our country and played by the rules in order to obtain their citizenship status. Not only do we have a responsibility and a proud history of protecting those who seek

asylum in our country, which this bill is trying to thwart, we have a responsibility to legal immigrants who are contributing to our society to reduce the lengthy backlog to citizenship. Just earlier this week in meeting with some Bureau of Citizenship and Immigration Services employees, I was not surprised to learn that workers who were hired to help eliminate the backlog four years ago have been asked to stay on for another year. I do not often hear of temporary employees that are necessary for five years. I also learned that one of the reasons for the bureaucracy that legal immigrants experience is due to the antiquated state of technology the Bureau uses. As you can see, these are legitimate concerns about our immigration system that H.R. 418 does not address because it is a bill that has been brought up for political reasons, not legitimate policy reasons. The Republican Leadership of this Congress would do well to heed the President's comments to begin a dialogue on how to improve our immigration processes, and strengthen our national security, unlike the current legislation brought before us today.

The effects of the REAL ID Act are not only bad for domestic politics, they are destructive for the peace process in the Middle East. The Act states: ``An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this Act, to be engaged in a terrorist activity.'' In the first place, the United States already has a formal, congressionally approved mechanism for designating foreign terrorist organizations and imposing sanctions on them. The PLO is not on the U.S. list of Foreign Terrorist Organizations. This sneaky, backdoor attempt to override the responsibility of the State Department and the will of Congress is an incredibly stupid way to execute U.S. diplomacy.

Second, we are now on the cusp of a historic moment in the Middle East peace process. The administration has promised that they will be actively engaged in the Middle East peace process. I find it hard to believe that they can be ``actively'' engaged in the peace process if the President will not be able to invite newly elected President Mahmoud Abbas to his Texas ranch, Camp David or any other location within the United States. President Abbas appears to be making considerable efforts in brokering peace, and the United States should be supporting his efforts. The effects of this provision will be a diplomatic nightmare and damage the United States's ability to be a fair broker in the peace process. This provision is an embarrassment to United States diplomacy--it is highly counterproductive to peace negotiations.

Furthermore, I have concerns with the national driver's license standards in this bill. Current law already addresses this issue, but the regulations have been implemented since this bill was passed only 10 weeks ago. National driver's license standards in this bill create an unfunded mandate for States. Under this bill, at least 10 States would be forced to make significant changes to their systems, despite the fact that security standards can be attained without the interference this bill creates. State control of the licensing and identification process is crucial to maintaining public safety, bolstering security, reducing fraud, keeping costs of car insurance down and protecting privacy and Federal standards for such documents should be limited to those enumerated in the intelligence Reform Act of 2004.

Additionally, the proponents of this bill do not want you to know that H.R. 418 would not have prevented 9/11 hijackers from obtaining a driver's license or ID. The breach of our security was a result of the hijackers having been issued legal visas to come to the United States, which many of them used to apply for driver's licenses and identification cards. Does H.R. 418 seek to address the root of the problem here? No, obviously not. Again, this bill is political posturing under the guise of national security.

Instead of debating H.R. 418, the House of Representatives should be focused on ensuring the successful enactment of the Intelligence Reform and Terrorism Prevention Act of 2004 and working on comprehensively reforming our immigration system so that immigration is legal, safe, orderly, and reflective of the needs of American families, businesses, and national security.

Leadership should be ashamed to have brought a bill like this that will affect our environment, our citizens, and people from all around the world to the Floor in such a manner. I can not support the process nor the actual policy this bill proposes and I urge my colleagues vote no on H.R. 418.

I yield to the gentleman from Michigan.

Mr. Chairman, it has never been done before, waiving all labor laws, all contract laws, all small business laws, all laws relating to sacred places. It is a broad sweep, just a total repeal of all of those laws or a waiver of all those laws.

Mr. Chairman, how much time do I have remaining?

Mr. Chairman, I reserve the balance of my time.

Mr. Chairman, I yield 1 minute to the distinguished gentlewoman from California (Ms. Harman).

(Ms. HARMAN asked and was given permission to revise and extend her remarks.)

Mr. Chairman, how much time do we have remaining?

Mr. Chairman, I yield myself such time as I may consume to respond, first, to the gentleman from California (Mr. Hunter).

He is right, there is in existing law the authorization to waive those issues. It has never been used. It has never been used. This waives all laws, labor laws, every kind of law. This is a draconian approach to try to get the job done.

Mr. Chairman, I yield 30 seconds to the gentleman from Michigan (Mr. Kildee).

Mr. Chairman, how much time do I have remaining?

Mr. Chairman, I yield 1 minute to the distinguished gentleman from Oregon (Mr. Blumenauer).

Mr. Chairman, I yield 30 seconds to the gentleman from Minnesota (Mr. Oberstar).

Mr. Chairman, I yield myself the balance of my time.

We have heard a lot of talk here today, and I submit that this is not the answer, to emasculate all the laws. I would bet that if the gentleman from California (Mr. Hunter), the gentleman from California (Mr. Cunningham), myself and any other interested party sat down, one meeting with all the interested parties, we could resolve this. But that is not the way they want to proceed.

This was not a recommendation of the 9/11 Commission. This is essentially emasculating all laws to get an environmental project completed. And emasculating all laws is not the way to do it.

This amendment is a good amendment because it does not allow my colleagues to emasculate all laws. What it allows us to do is to let this process work. And with the pressure that has been brought here today, we can get that fence built. The opposition on this side is not against the fence, it is against emasculating all the laws of the land in order to get there. So I ask for an ``aye'' vote.

Mr. Chairman, I submit for the Record a memorandum of the Congressional Research Service, dated February 7, 2005, regarding the REAL ID Act.

Congressional Research Service,

February 7, 2005.

memorandum

To: House Committee on Homeland Security, Attention: Sue

Ramanathan; and House Committee on the Judiciary,

Attention: Kristin Wells.

From: Stephen R. Vina and Todd Tatelman, Legislative

Attorneys, American Law Division.

Subject: Legal Analysis of Sec. 102 of H.R. 418, Waiver of

Laws Necessary for Improvement of Barriers at Borders.

Pursuant to your request on February 3, this memorandum

analyzes section 102 of H.R. 418, the REAL ID Act. Section

102, captioned ``Waiver of Laws Necessary for Improvement of

Barriers at Borders,'' provides the Secretary of Homeland

Security with authority to waive all laws he deems necessary

for the expeditious construction of the barriers authorized

to be constructed by Sec. 102 of the Illegal Immigration

Reform and Immigration Responsibility Act of 1996 (IIRIRA)

(P.L. 104-208, Div. C, codified at 8 U.S.C. Sec. 1103 note)

and removes judicial review from such waiver decisions.

Specifically, this memorandum discusses the extent to which

Congress has passed laws that provide waivers comparable to

Sec. 102 of H.R. 418 and outlines some of the legal issues

that could potentially arise if Sec. 102 is passed in its

current form. In view of the short time frame for response,

the following analysis is necessarily brief and we refer you

to CRS Report RS 22026, Border Security: Fences Along the

U.S. International Border for background information on

Sec. 102 of IIRIRA and the border fence.

H.R. 418, Sec. 102

Section 102 of H.R. 418 would amend Sec. 102(c) of IIRIRA

Mr. Chairman, I demand a recorded vote.

Mr. Chairman, I thank the gentleman for yielding me this time.

I have been watching this debate all morning, and I am really concerned about what is happening here on the floor of the House of Representatives. I have never heard so much misstatement of fact about a piece of legislation that is very important.

The problem is, this legislation never had a hearing in committee, never had public review. We have never looked at the language; I doubt that any Members have read the bill in its entirety. That is not what this House is all about, because this law is a very, very serious law, and it is going to affect people's lives.

I have heard statements here on the floor that the recommendations in this bill are in the 9/11 Commission. Let me give an example. Section 102, which deals with the border fence, the commission never even mentioned the border fence. Why? Because it is not a problem. We have been building it. What we have run into is a couple of environmental snags. So what does this bill do? It says okay, waive all that. Waive the law. This is a precedent that has never been done before in the United States Congress. Waive all laws, whether those laws pertain to Indian burial grounds, whether they are labor laws, discrimination laws, small business laws, environmental laws. We will just waive them. And guess what, no court, as it says, ``no court shall have jurisdiction.''

What kind of a measure is this? Do we just run into problems and we come to the floor of Congress and say, just get rid of the law? Here is a country that celebrated the tearing down of the Berlin Wall, a country that celebrated the elections in Iraq so people will have the rule of law; and then when we have the rule of law, we just waive it. There was no request from the State of California for this bill. Mexico, our biggest trade partner, nothing like this; and what we are saying to the world is, do not worry, we are just going to cram through everything and forget the law.

This is wrong, and I am going to have an amendment on the floor tomorrow to repeal it. I hope everyone votes for it.

Mr. Speaker, I rise today to honor Mr. Arnold R. Fontes, who is retiring after 34 years as the San Benito County Assessor. His continuous re-election for over three decades speaks volumes for his ability and for the trust the people of this county placed in him.

Mr. Fontes was raised in San Benito County and attended local schools. He joined the R.O.T.C. and graduated in 1955 from the University of Santa Clara with a degree in Business Administration, majoring in accounting. He served in Germany as an Army Artillery Officer, and met his wife, Helga, while stationed there.

Upon returning to the United States he was employed by McCormick Selph as their Accounting Manager, and then with Protective Papers as Plant Manager and Controller. On September 1, 1970 Mr. Fontes was appointed Assessor of San Benito County, and ran unopposed for eight consecutive terms.

Arnold Fontes played a significant role in the community during those years. His activities include 31 years with the Boy Scouts of America, serving as District Chairman and as Vice President of Special Assignments of the Monterey Bay Area Council. He was President of the California Assessors' Association in 1982 and Treasurer from 1983 to 2000. He was a member of the San Benito Chamber of Commerce for 35 years, including Director from 1972 to 1974. During his 32 years with the Hollister Rotary Club he served as President from 1979 to 1980, and received the Paul Harris Fellowship from the Rotary Foundation of Rotary International. Currently, Mr. Fontes serves as Treasurer for the Community Foundation for San Benito County.

Mr. Speaker, I applaud Arnold Fontes's many accomplishments, and commend him for his tremendous devotion to his community. I join all of San Benito County in honoring this truly remarkable man for his lifelong achievements.

Mr. Speaker, I rise today in strong support of H. Res. 56, ``Commending the Palestinian people for conducting a free and fair presidential election on January 9, 2005.''

I find a quote from Harry Emerson Fosdick appropriate for talking about the historic presidential elections in Palestine: ``Democracy is based upon the conviction that there are extraordinary possibilities in ordinary people.'' Ordinary Palestinians took extraordinary steps on January 9th and voted for a presidential candidate; this was only the second time in their history that Palestinians have had the opportunity to exercise the right to vote. All Palestinians must seize the opportunity to dedicate themselves to the advancement of peace and prosperity.

This historic window of opportunity begs for the dedication and commitment of all parties who desire peace in the Middle East. I urge the new Secretary of State to be a fair and balanced broker in any future dialogue and to work tirelessly for a permanent peace.