Hal Rogers

Mr. ROGERS of Kentucky

Mr. ROGERS of Kentucky. Madam Speaker, I yield 3 minutes to one of the hardest working members of this body and a valued member of our subcommittee, the gentleman from Texas (Mr. Culberson).

Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to a hardworking member of our subcommittee, the gentleman from California (Mr. Calvert).

Mr. ROGERS of Kentucky. I yield the gentleman another 1 minute.

Mr. ROGERS of Kentucky. Madam Speaker, I reserve the balance of my time. Announcement By the Speaker Pro Tempore

Mr. ROGERS of Kentucky. Madam Speaker, I yield myself such time as I may consume. Let me begin by sincerely thanking Chairman Price for his partnership during this 2010 appropriations cycle. Through the transition in administrations, the very late submission of the 2010 budget request and the truncated appropriations process, he has been fair and respectful and has been willing to listen to our concerns and accommodate the minority's interests where possible. So I want to thank the chairman for his friendship and his ability to work with everyone to write the best possible bill. This subcommittee, Madam Speaker, since its inception in 1993, has a longstanding tradition of bipartisanship, a tradition that stands in stark contrast, I might add parenthetically, to the exclusionary tactics of the House's Democrat leadership that trounced the rights of the minority and stifled debate during floor consideration of the House bill. But in spite of some of that partisan mischief, I am truly grateful for Chairman Price's efforts to maintain the long-standing comity that has defined this Chamber's appropriation process, as well as Chairman Obey's work to move this vital spending bill towards completion. So I am thankful that we were able to hammer out an agreement in conference, for the most part. After all, the safety and security of our Nation's citizens should be the number one priority of the Congress. This urgency is underscored by the recent terrorism cases being investigated in Colorado, New York, Texas, Illinois and North Carolina, as well as the persistent acts of terrorism and violence by radical extremists overseas. What this terrorist activity tells me is that real security demands persistent commitment. Eight years after 9/11 and 6 years after the Department was created, we must remain vigilant in addressing every threat and every vulnerability. I am pleased to see the conference report is willing to honor that commitment by properly resourcing our homeland security needs. While I can't say that I agree with everything in the conference report, I think it represents a fairly reasonable compromise on most of our homeland security priorities. However, there is a notable provision that I must respectfully take issue with that the chairman has referred to. Section 552 of this conference report permits the terrorists detained at Guantanamo Bay to be brought to the U.S. for purposes of prosecution. Since the President announced the decision to close Guantanamo some 9 months ago, we have seen nothing, Madam Speaker, no plan, in spite of the requests of this Congress, this subcommittee, this committee, no plan, no idea of how to dispose of the detainees remaining there, and no legal rationale for the prosecution, sentencing and incarceration of these terrorists wherever. Instead, those detainees who pose a minimal security threat have been shuttled off to other foreign countries by way of backroom deals, leaving hundreds of suspected terrorists potentially bound for American soil because no one else in the world will let them be brought to their soil. Apparently we have tried, to no avail. So I for one see no reason why we should afford enemy combatants who have been caught on the battlefield battling American soldiers, to allow them the same constitutional rights as American citizens or the same due process even as criminal defendants in the civilian courts of the U.S., and I see no reason why these terrorists can't be brought to justice right where they are in Cuba before military tribunals, as we have in the past there. In fact, we know military tribunals work. We have completed three tribunals and convicted and sentenced terrorists right there in Gitmo. It is clear that the majority of Members in this Chamber and in the Senate agree with this point of view, given the clear passage of the motion to instruct two weeks ago in this body, and the Senate's near unanimous adoption of a total prohibition of detainee transfers to this country with the passage of their Defense appropriations bill just last week. Both bodies have spoken by huge majorities: Keep these detainees off sacred American soil. This is a critical issue that I think we must get right, so I am disappointed that the conferees did not follow the convincing and bipartisan votes that both Chambers have taken over the past few weeks and deny these terrorists access to the United States. Now, having said all that, and in spite of my opposition to the section on the Gitmo detainees, I believe the base of this conference agreement will go indeed a long way towards the protection of our great country. I once again thank Chairman Price for his consideration of our concerns and all of his good work throughout the year on this very important bill. I reserve my time.

Mr. ROGERS of Kentucky. I am in its current form.

Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to the very distinguished ranking member of the Homeland Security authorization committee in the House, the gentleman from New York (Mr. King).

Mr. ROGERS of Kentucky. Madam Speaker, I yield myself the balance of the time. In closing, I regret that this bipartisan and well-balanced conference report contains permission to bring Guantanamo Bay detainees onto American soil. At the conclusion of today's general debate, I intend to offer a motion to recommit that will give this Chamber the opportunity to once again voice its will to the conferees just as it did 2 weeks ago by way of a clear and convincing bipartisan vote. I appreciated your overwhelming vote then, and I ask the Members once again to register your objection to bringing these enemy combatants, caught in battle with American soldiers, onto America's sacred soil. The conferees ignored our instructions of 2 weeks ago, which prohibited detainees from being released, transferred, or detained in the United States for any reason, period. My motion today will have the same effect as the language Members voted for then and has the same effect as what the Senate voted for 93-7. This motion will keep these terrorists off American soil, out of our Federal civilian courts, and in a place that is far more appropriate, given their status as enemy combatants apprehended on a battlefield with American soldiers. This motion will correct the flaw in the conference report's language and aligns the will of Congress with that of the U.S. Senate as reflected by the strong bipartisan votes on this issue over the last 2 weeks in both bodies of the Congress. I would hope Members would join me in supporting this motion so that we can further improve and strengthen this critical conference report. Madam Speaker, I yield back the balance of my time.

Mr. ROGERS of Kentucky

Mr. ROGERS of Kentucky. Madam Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Mr. ROGERS of Kentucky. Madam Speaker, I yield such time as he may consume to the gentleman from California (Mr. Lewis).

Mr. ROGERS of Kentucky. We have no further speakers, Madam Speaker, and I would be prepared to yield to the gentleman for a close.

Mr. ROGERS of Kentucky. Madam Speaker, I reserve the balance of my time.

Mr. ROGERS of Kentucky. Madam Speaker, I yield myself 2 minutes. Madam Speaker, this motion prohibits the granting of any benefits to the detainees at Guantanamo to be brought here for criminal prosecution. As Mr. Obey has just said, these are enemy combatants caught, captured on a battlefield. They are not criminal defendants; they are prisoners in a war. Prisoners in a war. They can and have been tried by the military tribunals at Guantanamo. My understanding is that there were five military tribunal proceedings ongoing until this administration halted those proceedings, trying to figure out what they want to do next. But my point is these are not criminal defendants; these are enemy combatants captured on a battlefield. They are prisoners of war and should be treated as such, as they have been at Guantanamo. Do not bring them to the U.S. for any purpose. Why would you bring an enemy captured prisoner of war to your country, give them the Miranda warnings, and proceed to a trial as you would an American citizen? It's beyond any question, I think. These detainees, many of them, those who posed a minimal security threat, have been shuttled off to other foreign countries, leaving hundreds of suspected terrorists, hardened killers that are unwelcome by any place on Earth to be potentially bound for American soil. Madam Speaker, we need to take a very serious step back and closely examine what we are thinking of doing.

Mr. ROGERS of Kentucky. Madam Speaker, I yield myself such time as I may consume. In closing, this is a very simple motion to instruct the conferees on Homeland Security. One, prohibit the transfer of Gitmo prisoners to the U.S., period. Two, insist on the Senate language prohibiting the release of detainee photographs. And three, require that this bill be available at least 72 hours before the bill is brought to the floor so that Members may have a chance to read and consider before they vote on the conference report. That's simple. These people in Gitmo, if you read their resumes, and study their history, they are not criminal defendants in the sense that most people understand that phrase to be in the U.S. These are hardened killers captured on the battlefield, and they are prisoners of war subject to a military tribunal hearing at Gitmo, which was proceeding until stopped by this administration. They are not criminal defendants. They are hardened criminals on the battlefield captured in the process of trying to kill American soldiers. Pure and simple. Now, this motion to instruct is in line with Chairman Inouye in the Senate, who has similar prohibitions in his bill for the Defense appropriations bill. This mirrors what the Senate leadership wants the policy of the country to be. And so I would hope all Members would vote for this motion to instruct conferees and keep our position in line with the Senate in prohibiting prisoners at Gitmo from being brought to the U.S., period.

Mr. ROGERS of Kentucky. I yield myself an additional 2 minutes. This motion clarifies and says they would not be brought here for any, any, purpose, including prosecution. Now, if you have any doubts about the kind of people we are talking about, read the resumes of these detainees. Read them, and you will have no doubt that these are enemy combatants sworn to kill you and every American they can find. And you want to bring them to the U.S.? It's insane, Madam Speaker. It's insane. Madam Speaker, I yield 5 minutes to a very distinguished former trial judge in the State of Texas for 21 years, Judge Carter.

Mr. ROGERS of Kentucky. Madam Speaker, I yield myself such time as I may consume. The motion to instruct conferees is very simple. Madam Speaker. It would prohibit the transfer of Gitmo prisoners to the United States. It ensures the detainee pictures are never made public, and it mandates the conference report is made public at least 72 hours before being considered on the floor. It's that simple. And that's exactly what the Homeland Security appropriation bill is all about, protecting the American people from all threats, including the warped intentions of terrorists and radical extremists. Let me state my sincere gratitude to Subcommittee Chairman David Price for listening to the views of the minority during all of these proceedings, during our preconference deliberations especially over the last few weeks. I truly appreciate his bipartisanship and consideration of our concerns. Madam Speaker, this motion strengthens the House bill's current restrictions on Guantanamo Bay detainees by ensuring their names have been put on the No Fly List and by clearly prohibiting their transfer to the United States for whatever reason. For 9 months, the Obama administration has insisted the detention facility at Guantanamo Bay be shuttered within the year. But what have we seen during that time in preparation for that? Absolutely nothing, no plan, no idea of how to proceed, no instructions to the Congress, no instructions to the public about where these prisoners would be moved to. Now we read in the press that the administration is thinking of releasing up to 75 of the detainees there. Where will they go? Europe, Fiji, maybe somewhere closer. Maybe in Michigan, maybe in Kansas, maybe somewhere else in the U.S. Who knows. Certainly the Members in those districts in the U.S. don't know. So this motion prohibits the granting of any immigration benefit for any reason to these detainees. Without such a benefit, there is no legal way to bring these terrorists to American soil and in our constituents' backyards. That means these terrorists cannot be granted the same constitutional rights as American citizens. After all, these detainees are enemy combatants caught on the battlefield. They are not common criminals, and they should not be granted legal standing in our criminal courts by bringing them onto U.S. soil. From my point of view, we can't waiver on this issue, nor can we be weak. There is no reason these terrorists, who pose a serious and documented threat to this Nation, cannot be brought to justice right where they are in Cuba at Guantanamo Bay. If we want to try them, there is the place. I certainly think that that is where the American people stand on this issue as well. They don't want these terrorists in their hometowns, inciting fellow prisoners in our prisons, abusing our legal system and terrorizing their communities. In addition, Madam Speaker, this motion insists upon the Senate's language prohibiting the release of detainee pictures, language unanimously adopted in the Senate, supported by this Chamber in June and endorsed by President Obama himself by way of his letter to the Senate on July 29. In that letter, I think the President said it best himself: ``Nothing would be gained by the release of the detainee photos other than allowing our enemies to paint our troops with a broad, damning, and inaccurate brush.'' I frankly couldn't agree more. And finally, Madam Speaker, this motion also requires the conference report to be made public at least 72 hours before being brought to the floor for consideration. We want to read the bill before we vote. So Madam Speaker, the ongoing terrorist investigations ranging from Denver to New York to Dallas over the last few weeks and the persistent attacks by radical extremists upon our citizens, our soldiers and our interests overseas remind us of why there is absolutely no reason to bring a terrorist to American soil or to release images that endanger this great country and its Armed Forces. I urge support of the motion. I reserve the balance of my time.

Mr. ROGERS of Kentucky. May I inquire of the time remaining.

Mr. ROGERS of Kentucky. Madam Speaker, I have a motion at the desk.

Mr. ROGERS of Kentucky

Mr. ROGERS of Kentucky. Well, in response to the distinguished chairman of the Appropriations Committee, if the gentleman would have allowed the Homeland Security conference to proceed--I mean we passed these bills 2 months ago, the House and Senate. We've had 2 months. Yet the gentleman has not allowed conferees to be appointed to consider the Homeland Security bill. In the meantime, staff and Members have been working with our Senate counterparts. We are in agreement. There are no remaining issues. We're ready to go. Ready to go.

Mr. ROGERS of Kentucky. Why must our brave Homeland Security professionals wait while we bicker and delay here in the House? Real security demands commitment--commitment from this body and commitment from the Nation's leadership. I know my subcommittee chairman, David Price, and I are ready to finish the work of our bill, and we could do it in a matter of hours, if not days. So I am disgusted, Madam Speaker. I apologize for that, but I think we should reconsider the decision that has been made by leadership to put off funding for the Nation's homeland defense and, instead, to take up funding for this body. So I will have to vote ``no'' on the bill, although, I think the Legislative appropriations is okay.

Mr. ROGERS of Kentucky. Will the gentleman yield?

Mr. ROGERS of Kentucky. Will the gentleman yield?

Mr. ROGERS of Kentucky. I thank the gentleman for yielding me the time. Madam Speaker, I have no problem with the bill that is before us, the Legislative Branch appropriations bill. I think the chairman and the ranking member have done an excellent job with that bill. However, I have to register my objection to considering the funding bill for Congress and for putting off the bill that funds our homeland security and including it in the continuing resolution. For almost 7 years, we've had a near-perfect track record of getting the Homeland Security appropriations bill done before funding for the rest of the government. It has taken bipartisan wrangling and compromise, but we've always produced a bill that the President could sign almost unanimously before the other bills. Why? Because Congress considered the security of the Nation as paramount. This year should be no different. We've preconferenced the Homeland Security bill with our Senate counterparts. We could produce a bill for the President to sign in a matter of days. Yet the leadership says no. Include Homeland Security in a continuing resolution, and put it off. Instead, first pass funding for the Congress. Our pay is more important than defending our country.

Mr. ROGERS of Kentucky. Not at the moment. I will later. On June 24 of this year, the House wrapped up consideration of the Homeland Security bill, and passed it with 389 votes in this body. Three weeks later, the Senate passed their version of the bill with a near unanimous vote. So it has been more than 2 months since both bills were passed. Since August, staff has been diligently reconciling these two bills, reaching bicameral, bipartisan agreements. We could have produced a finished bill for this body to consider a month ago. Yet leadership refused to allow it to happen. So I stand here today very concerned, Madam Speaker. There is virtually no excuse to punt this vital security spending bill and to fund the Department of Homeland Security under a continuing resolution. Instead of actually doing our work and fulfilling the security needs of our Nation, we are placing a priority on Congress' own budget, putting Homeland Security spending on ice, taking the next few Mondays and Fridays off, and basically waiting around until October until we get further direction from on high. That is as indefensible, Madam Speaker, as it is dangerous. The security and safety of our citizens should be our number one priority. Look around you. We face complex cybersecurity challenges, emerging threats from overseas, terrorist cells operating on our soil, and increasing violence along the southwest border, which is already claiming U.S. lives. The fiscal 2010 Homeland Security bill will infuse much needed increases to our efforts to bolster our border security, to track down illegal immigrants, to protect our critical infrastructure, to replace the aging Coast Guard fleet, and to improve the preparedness of our first responders.

Mr. ROGERS of Kentucky

Mr. ROGERS of Kentucky. Madam Speaker, pursuant to the House Republican standards on congressionally-directed funding, I am submitting the following information regarding funding included in H.R. 3326--Department of Defense Appropriations Act, 2010 Requesting Member: Congressman Harold Rogers Bill Number: H.R. 3326 Account: OM, A Legal Name of Requesting Entity: Outdoor Venture Corporation Address of Requesting Entity: 2280 S. Highway 1651, Stearns, KY 42647 Description of Request: The funding of $6 million will be used to address U.S. Army modular command post tent needs. Requesting Member: Congressman Harold Rogers Bill Number: H.R. 3326 Account: OM, A Legal Name of Requesting Entity: Outdoor Venture Corporation Address of Requesting Entity: 2280 S. Highway 1651, Stearns, KY 42647 Description of Request: The funding of $3 million will be used to address U.S. Army air-supported temper tent needs. Requesting Member: Congressman Harold Rogers Bill Number: H.R. 3326 Account: RDTE, N Legal Name of Requesting Entity: Progeny Systems Corporation Address of Requesting Entity: 155 Valley Oak Drive, Suite B, Somerset, KY 42503 Description of Request: The funding of $2.5 million will be used for the development of a biometrics-based submarine access control system to automate and simplify secure system access. Properly configured biometrics systems, engineered into tactical system workstations and ship infrastructure, offer the ability for systems to reliably recognize users without user intervention, resulting in rapid and secure system access. Requesting Member: Congressman Harold Rogers Bill Number: H.R. 3326 Account: RDTE, N Legal Name of Requesting Entity: Boneal Incorporated Address of Requesting Entity: 6962 U.S. Highway 460, Means, KY 40346 Description of Request: The funding of $5 million will be used for the development of experimental low cost, expendable autonomous underwater vehicles (AUVs). AUVs provide support for a variety of mission including intelligence, surveillance, reconnaissance, deployment of mine counter measures, and assistance of anti-submarine warfare. Requesting Member: Congressman Harold Rogers Bill Number: H.R. 3326 Account: OM, A Legal Name of Requesting Entity: Phoenix Products, Inc. Address of Requesting Entity: 106 Bethford Road, McKee, KY 40447 Description of Request: The funding of $2.5 million will be used to retrofit U.S. Army UH-60 transmission drip pans. Requesting Member: Congressman Harold Rogers Bill Number: H.R. 3326 Account: OM, ARNG Legal Name of Requesting Entity: Phoenix Products, Inc. Address of Requesting Entity: 106 Bethford Road, McKee, KY 40447 Description of Request: The funding of $2.5 million will be used to retrofit U.S. Army National Guard UH-60 transmission drip pans. Requesting Member: Congressman Harold Rogers Bill Number: H.R. 3326 Account: DPA Legal Name of Requesting Entity: Aspen Compressor, LLC Address of Requesting Entity: 825 Chappell's Dairy Road, Somerset, KY 42503 Description of Request: The funding of $4.5 million will be used to produce miniature compressors for electronics and personal cooling systems. Requesting Member: Congressman Harold Rogers Bill Number: H.R. 3326 Account: RDTE, A Legal Name of Requesting Entity: Tier 3 Data and Web Services Address of Requesting Entity: 1708 Forest Lane, Suite 105, Corbin, KY 40701 Description of Request: The funding of $2 million will be used to provide the Defense Logistics Agency (DLA) with an interface system to the Army's Product Lifecycle Management (PLM) system. This system will reduce manufacturing and repair potential costs and bridge the communications gap by exchanging product technical data between engineering and reprocurement. Requesting Member: Congressman Harold Rogers Bill Number: H.R. 3326 Account: RDTE, A Legal Name of Recipient: University of Kentucky Research Foundation Address of Recipient: Room 1 Kinkead Hall, Lexington, KY 40506 Description of Request: The funding of $2 million will be used for a lethal cancers early detection and awareness program. This program can provide the Department of Defense with health information to identify high risk factors and exposures to cancer in military environments, and provide a model for early cancer detection and screening. Requesting Member: Congressman Harold Rogers Bill Number: H.R. 3326 Account: RDTE, DW Legal Name of Recipient: University of Kentucky Research Foundation Address of Recipient: Room 1 Kinkead Hall, Lexington, KY 40506 Description of Request: The funding of $1.5 million will be used to accelerate the adoption of sustainable manufacturing for small and medium enterprises in the U.S. Department of Defense supply base. The program will serve as a pathway to find and utilize resources that can be of value to the defense manufacturing industrial base. Requesting Member: Congressman Harold Rogers Bill Number: H.R. 3326 Account: RDTE, A Legal Name of Recipient: Morehead State University Address of Recipient: 150 University Boulevard, Morehead, KY 40351 Description of Request: The funding of $2 million will be used for the development of advanced power technologies applicable to nano- satellites, which will help meet tactical warfighter requirements. The program will look at increasing the power available from solar cells through innovative mechanical structures that increase surface area. This effort is in direct support of the Army's mission in developing nano-satellites to meet tactical warfighter requirements. Requesting Member: Congressman Harold Rogers Bill Number: H.R. 3326 Account: DRUGS Legal Name of Recipient: Kentucky Department of Military Affairs Address of Recipient: Boone National Guard Center, 100 Minuteman Parkway, Frankfort, KY 40601 Description of Request: The funding of $3.5 million will be used to support law enforcement in the eradication of marijuana across the Commonwealth of Kentucky through the use of military equipment and personnel. Requesting Member: Congressman Harold Rogers Bill Number: H.R. 3326 Account: OP, A Legal Name of Recipient: Kentucky Department of Military Affairs Address of Recipient: Boone National Guard Center, 100 Minuteman Parkway, Frankfort, KY 40601 Description of Request: The funding of $6 million will be used for the procurement of generators for the Kentucky Army National Guard. This will increase the capabilities of the Kentucky National Guard to effectively carry out its Defense Support to Civil Authorities mission by providing adequate power generation to its 54 National Guard armories and rapid, transportable emergency power generation to critical life-saving and emergency response facilities throughout the Commonwealth in emergency situations. Requesting Member: Congressman Harold Rogers Bill Number: H.R. 3326 Account: AP, A Legal Name of Recipient: Kentucky Department of Military Affairs Address of Recipient: Boone National Guard Center, 100 Minuteman Parkway, Frankfort, KY 40601 Description of Request: The funding of $2 million will be used for the one-time procurement of advanced civil support radio systems to be installed on Kentucky Army National Guard UH60 Black Hawk helicopters. This will increase the National Guard's effectiveness when performing the full spectrum of state emergency missions by allowing direct communication with civilian first responders. Requesting Member: Congressman Harold Rogers Bill Number: H.R. 3326 Account: RDTE, A Legal Name of Requesting Entity: Ensign Bickford Aerospace and Dynamics Address of Requesting Entity: P.O. Box 219, State Route 175, Graham, KY 42344 Description of Request: The funding of $3 million will be used to provide for the forwarding and optimization of current Reactive Armor (RA) solutions to reduce weight, defeat emerging threats, develop multi-threat capability enhancements, and increase overall safety.