F. Sensenbrenner

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 5092 currently under consideration.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 5092, the Bureau of Alcohol, Tobacco, Firearms, and Explosives Modernization and Reform Act of 2006. The bill is a bipartisan bill aimed at providing ATF with a full complement of enforcement tools needed to ensure compliance by Federal firearms licensees with Federal regulations. A series of oversight hearings by the Crime Subcommittee showed that ATF'S existing enforcement authorities actually hinder its ability to enforce our Nation's gun laws and unfairly impact Federal firearms licensees. This legislation provides a comprehensive response to the concerns raised in those hearings. For too many years, ATF has labored under a restrictive enforcement scheme which forces the ATF to either revoke a license or do nothing at all. This bill would provide ATF with graduated penalties so that licensees will face the possibility of civil penalty suspensions and the ultimate penalty, revocation of the license. No longer will ATF have to try to cajole licensees to comply or threaten them with heavy- handed revocation proceedings. With this measure ATF will be able to seek a penalty that fits the infraction, depending upon the seriousness of the violation. In addition, the bill replaces the existing adjudicatory system, which consists of former ATF employees who sit as Administrative Law Judges, with a professional and neutral staff of ALJs who will sit and hear enforcement cases. The bill includes deadlines for hearings and decisions so that enforcement will be expedited. The bill also authorizes ATF to shut down licensees who pose a serious harm to the public. The bill also remedies a significant problem of enforcement. ATF has used its enforcement authority to threaten revocation of licenses against gun dealers who make inadvertent or technical mistakes in their paperwork. The subcommittee has heard testimony on this issue, which revealed that ATF treats virtually all errors in dealers records, no matter how few or how minor, as willful violations. For example, a witness cited that a licensee received a revocation notice for writing a ``Y'' or an ``N'' instead of writing out ``yes'' or ``no'' on a firearms transactions form. That does not make sense. Or in a number of transactions, a revocation notice cited the failure of a firearm arms purchaser to identify country of residence, although the purchaser listed county of residence. Such enforcement activities are not fair to any notion of due process. The bill clarifies that violations must be knowing and intentional violations versus good faith or technical mistakes in recordkeeping. I urge my colleagues to vote in favor of this bipartisan bill, which will improve ATF's enforcement authorities and fairness and justice of their treatment of gun dealers Mr. Speaker, I reserve the balance of my time.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I yield 3 minutes to the gentleman from Ohio (Mr. Chabot).

Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and concur in the Senate amendment to the bill (H.R. 683) to amend the Trademark Act of 1946 with respect to dilution by blurring or tarnishment.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 5454 currently under consideration.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Madam Speaker, I yield myself 1 minute. First of all, the gentleman from Michigan says that we have not had any hearings in the Judiciary Committee. Since I became the chairman, we have had 68 hearings on the need to strengthen border security and enforcement of immigration law, and I will include the list of all 68 hearings in the Record at this point. 109th Congress Immigration, Border Security, and Claims 7-27-2006 Oversight--Oversight Hearing on ``Whether Attempted Implementation of the Senate Immigration Bill Will Result in an Administrative and National Security Nightmare.'' Immigration, Border Security, and Claims 7-18-2006 Oversight--Oversight Hearing on ``Should We Embrace the Senate's Grant of Amnesty to Millions of Illegal Aliens and Repeat the Mistakes of the Immigration Reform and Control Act of 1986?'' Immigration, Border Security, and Claims 6-22-2006 Oversight--Oversight Hearing on ``Is the Labor Department Doing Enough to Protect U.S. Workers?'' Immigration, Border Security, and Claims 6-8-2006 Oversight--Oversight Hearing on ``The Need to Implement WHTI to Protect U.S. Homeland Security.'' Immigration, Border Security, and Claims 5-18-2006 Hearing--Legislative Hearing on H.R. 4997, the ``Phvsicians for Underserved Areas Act''. Immigration, Border Security, and Claims 3-30-2006 Oversight--Oversight Hearing on ``Should Congress Raise the H-IB Cap?'' Immigration, Border Security, and Claims 3-2-2006 Oversight--Joint Oversight Hearing on ``Outgunned and Outmanned: Local Law Enforcement Confronts Violence Along the Southern Border.'' Immigration, Border Security, and Claims 11-17-2005 Oversight--Oversight Hearing on ``How Illegal Immigration Impacts Constituencies: Perspectives from Members of Congress (Part II).'' Immigration, Border Security, and Claims 11-17-2005 Oversight--Joint Oversight Hearing on ``Weak Bilateral Law Enforcement Presence at the U.S.-Mexico Border: Territorial Integrity and Safety Issues for American Citizens.'' Immigration, Border Security, and Claims 11-10-2005 Oversight--Oversight Hearing on ``How Illegal Immigration Impacts Constituencies: Perspectives from Members of Congress (Part I).'' Immigration, Border Security, and Claims 9-29-2005 Oversight--Oversight Hearing on ``Dual Citizenship, Birthright Citizenship, and the Meaning of Sovereignty.'' Immigration, Border Security, and Claims 9-15-2005 Oversight--Oversight Hearing on: ``Sources and Methods of Foreign Nationals Engaged in Economic and Military Espionage.'' (Classified portion of hearing begins at 1 p.m.) Immigration, Border Security, and Claims 9-15-2005 Oversight--CONTINUATION of UNCLASSIFIED PORTION of Oversight--Hearing on: ``Sources and Methods of Foreign Nationals Engaged in Economic and Military Espionage.'' Immigration, Border Security, and Claims 9-8-2005 Markup Subcommittee on Immigration, Border Security & Claims--Markup of H.R. 1219, the ``Security and Fairness Enhancement for America Act of 2005.'' Immigration, Border Security, and Claims 7-28-2005 Markup Subcommittee on Immigration, Border Security & Claims Markup of H.R. 1219, the ``Security and Fairness Enhancement for America Act of 2005.'' Immigration, Border Security, and Claims 6-30-2005 Oversight--Oversight Hearing on ``Immigration Removal Procedures Implemented in the Aftermath ofthe September 11th Attacks.'' Immigration, Border Security, and Claims 6-28-2005 Hearing Legislative Hearing on H.R. 2933, the ``Alien Gang Removal Act of 2005.'' Immigration, Border Security, and Claims 6-21-2005 Oversight--Oversight Hearing on the ``Lack of Worksite Enforcement & Employer Sanctions.'' Immigration, Border Security, and Claims 6-15-2005 Oversight--Oversight Hearing on the ``Diversity Visa Program.'' Immigration, Border Security, and Claims 5-12-2005 Hearing Legislative Hearing on H.R. 98, the ``Illegal Immigration Enforcement and Social Security Protection Act of 2005.'' Immigration, Border Security, and Claims 5-5-2005 Oversight--Oversight Hearing on the ``New `Dual Missions' of the Immigration Enforcement Agencies.'' Immigration, Border Security, and Claims 5-4-2005 Oversight--Oversight Hearing on ``New Jobs in Recession and Recovery: Who are Getting Them and Who are Not?'' Immigration, Border Security, and Claims 4-21-2005 Oversight--Oversight Hearing on ``October 2005 Statutory Deadline for Visa Waiver Program Countries to Produce Security Passports: Why It Matters to Homeland Security.'' Immigration, Border Security, and Claims 4-13-2005 Oversight--Oversight Hearing on ``Immigration and the Alien Gang Epidemic: Problems and Solutions.'' Immigration, Border Security, and Claims 3-10-2005 Oversight--Oversight Hearing on ``Interior Immigration Enforcement Resources.'' Immigration, Border Security, and Claims 3-3-2005 Oversight--Oversight Hearing on the ``Immigration Enforcement Resources Authorized in the Intelligence Reform and Terrorism Prevention Act of 2004.'' 108th Congress Immigration, Border Security, and Claims 6-23-2004 Oversight--Oversight Hearing on ``Families and Businesses in Limbo: The Detrimental Impact of the Immigration Backlog.'' Immigration, Border Security, and Claims 6-17-2004 Oversight--Oversight Hearing on ``Families & Businesses in Limbo: The Detrimental Impact of the Immigration Backlog.'' Immigration, Border Security, and Claims 6-3-2004 Markup-- Subcommittee Markup on H.R. 4453, the ``Access to Rural Physicians Improvement Act of 2004.'' Immigration, Border Security, and Claims 5-18-2004 Oversight--Oversight Hearing on ``Pushing the Border Out on Alien Smuggling: New Tools and Intelligence Initiatives.'' Immigration, Border Security, and Claims 4-29-2004 Oversight--Oversight Hearing on the ``Diversity Visa Program, and its Susceptibility to Fraud and Abuse.'' Immigration, Border Security, and Claims 4-1-2004 Hearing-- Legislative Hearing on H.R. 3191, To prescribe the oath of renunciation and allegiance for purposes of the Immigration and Nationality Act. Immigration, Border Security, and Claims 3-24-2004 Oversight--Oversight Hearing on ``How Would Millions of Guest Workers Impact Working Americans and Americans Seeking Employment?'' Immigration, Border Security, and Claims 3-18-2004 Oversight--Oversight Hearing on ``US VISIT: A Down Payment on Homeland Security.'' Immigration, Border Security, and Claims 3-11-2004 Oversight--Oversight Hearing on ``Funding for Immigration in the President's 2005 Budget.'' Immigration, Border Security, and Claims 3-4-2004 Oversight--Oversight Hearing on ``Alien Removal Under Operation Predator.'' Immigration, Border Security, and Claims 2-25-2004 Oversight--Oversight Hearing on ``Funding for Immigration in the President's 2005 Budget.'' Immigration, Border Security, and Claims 10-30-2003 Oversight--Oversight Hearing on the ``Prospects for American Workers: Immigration's Impact.'' Immigration, Border Security, and Claims 10-16-2003 Oversight--Oversight Hearing on ``Visa Overstays: A Growing Problem for Law Enforcement.'' Immigration, Border Security, and Claims 10-1-2003 Hearing--Legislative Hearing on H.R. 2671, the ``Clear Law Enforcement for Criminal Alien Removal Act of 2003'' (CLEAR Act). Immigration, Border Security, and Claims 9-11-2003 Oversight--Oversight Hearing on ``Should There Be a Social Security Totalization Agreement with Mexico?'' Immigration, Border Security, and Claims 7-15-2003 Markup-- Subcommittee Markup of H.R. 2152, To amend the Immigration and Nationality Act to extend for an additional 5 years the special immigrant religious worker program. Immigration, Border Security, and Claims 7-11-2003 Oversight--Oversight Hearing on ``Immigration Relief Under the Convention Against Torture for Serious Criminals and Human Rights Violators.'' Immigration, Border Security, and Claims 6-26-2003 Oversight--Oversight Hearing on ``The Federal Government's Response to the Issuance and Acceptance in the U.S. of Consular Identification Cards.'' Immigration, Border Security, and Claims 6-24-2003 Oversight--Oversight Hearing on ``The Deadly Consequences of Illegal Alien Smuggling.'' Immigration, Border Security, and Claims 6-19-2003 Oversight--Oversight Hearing on ``The Issuance, Acceptance, and Reliability of Consular Identification Cards.'' Immigration, Border Security, and Claims 5-13-2003 Oversight--Oversight Hearing on ``John Allen Muhammad, Document Fraud, and the Western Hemisphere Passport Exception.'' Immigration, Border Security, and Claims 5-8-2003 Oversight--Oversight Hearing on ``War on Terrorism: Immigration Enforcement Since September 11, 2001.'' Immigration, Border Security, and Claims 5-6-2003 Hearing-- Legislative Hearing on H.R. 1714, H.R. 1275, H.R. 1799, H.R. 1814, and H.R. 1685, the ``House Military Naturalization Bills.'' Immigration, Border Security, and Claims 4-10-2003 Oversight--Oversight Hearing on ``Department of Homeland Security Transition: Bureau of Immigration and Customs Enforcement.'' Immigration, Border Security, and Claims 4-2-2003 Oversight, Oversight Hearing on ``Immigration Student Tracking: Implementation and Proposed Modifications.'' Immigration, Border Security, and Claims 2-27-2003 Oversight, Oversight Hearing on ``New York City's `Sanctuary' Policy and the Effect of Such Policies on Public Safety, Law Enforcement, and Immigration.'' 107th congress ``Immigration and Naturalization Service and the Executive Office for Immigration Review'', 5-15-2001 Oversight Hearing ``Guestworker Visa Programs'', 6-19-2001 ``United States Population and Immigration,'' 8-2-2001 ``Using Information Technology to Secure America's Borders: INS Problems with Planning and Implementation,'' 10-11-2001 ``Immigration and Naturalization Service Performance: An Examination of INS Management Problems,'' 10-17-2001 ``A Review of Department of Justice Immigration Detention Policies,'' 12-19-2001 ``The Operations of the Executive Office for Immigration Review,'' 2-6-2001 ``Implications of Transnational Terrorism and the Argentine Economic Collapse for the Visa Waiver Program,'' 2-28-2001 ``The INS' March 2002 Notification of the Approval of Pilot Training Status for Terrorist Hijackers Mohammed Atta and Marwan Al-Shehhi'', 3-19-2001 ``Immigration and Naturalization Service and Office of Special Counsel for Immigration Related Unfair Employment Practices,'' 3-21-2001 The INS' Interior Enforcement Strategy, 6-19-2002 Risk to Homeland Security from Identity Fraud and Identity Theft (Held jointly with the Subcommittee on Crime, Terrorism, and Homeland Security), 6-25-2002 ``Role of Immigration in the Proposed Department of Homeland Security pursuant to H.R. 5005, the Homeland Security Act of 2002.'' ``The INS's Implementation of the Foreign Student Tracking Program,'' 9-18-2002 ``Preserving the Integrity of Social Security Numbers and Preventing Their Misuse by Terrorists and Identity Thieves (Held jointly with the Subcommittee on Social Security of the Committee on Ways and Means),'' 9-19-2002 ``The INS's Interactions with Hesham Mohamed Mohamed Ali Hedayet,'' 10-9-2002 ``United States and Canada Safe Third Country Agreement,'' 10-16-2002 Secondly, again, this Congress is running out of time. It is not the fault of anybody in the House of Representatives why a conference has not been created. We cannot set up a conference without the other body sending papers to us. They have not sent us the papers on the bill that they passed in May. Once the papers are here, then somebody can make a motion to send the bill to conference, but until the papers are here, there is nothing to send to conference. On the other hand, when we passed our immigration bill last December, the papers had been sitting over in the other body. They can set up the conference merely by taking up the House-passed bill, striking out all after the enacting clause, inserting the Senate text and asking for a conference. They have not done it. Madam Speaker, I yield 3 minutes to the gentleman from Indiana (Mr. Souder). (Mr. SOUDER asked and was given permission to revise and extend his remarks.)

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

Mr. SENSENBRENNER. Madam Speaker, pursuant to House Resolution 1018, I call up the bill (H.R. 4830) to amend chapter 27 of title 18, United States Code, to prohibit the unauthorized construction, financing, or reckless permitting (on one's land) the construction or use of a tunnel or subterranean passageway between the United States and another country, and ask for its immediate consideration.

Mr. SENSENBRENNER. Madam Speaker, I yield myself the balance of the time. I think we ought to get back to what this bill does so that Members are properly advised on how to cast their votes. What the bill does is to create a criminal offense to prohibit the unauthorized construction, financing, or reckless permitting on one's land the construction or use of a tunnel or subterranean passageway between the United States and another country. Now, if you want that to be criminal, vote ``aye,'' and if you don't, vote ``no.'' I am going to vote ``aye.'' I hope all the Members do.

Mr. SENSENBRENNER. Madam Speaker, I yield back the balance of my time.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Bilbray).

Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself the balance of the time. Mr. Speaker, during the debate on this bill and the debate on the two previous border security and law enforcement bills, we have heard time and time again why there not a conference between the Senate and the House on the differing bills that we passed, and that this is just merely a matter of papers, and this can be solved with a couple of phone calls over to the other body. Well, the constitutional problem cannot be solved with a couple of phone calls. Because the Constitution's mandate that revenue-raising bills originate in the House of Representatives is pretty clear, and it has been there since 1789. Frankly, the other body has not passed a bill that can be sent to conference because of the revenue-raising provisions that were contained in their bill. They chose to do that; we did not. And it is unfair and probably unconstitutional to blame this House for not rolling over and playing dead over the fact that the Senate bill violates article I, section 7 of the Constitution of the United States. Having said that, let's get down to the nub of this bill. The nub of this bill specifically authorizes voluntary agreements between the Federal Government and local law enforcement to help in the assistance and enforcement of our immigration laws. Let me say again what we are dealing with is voluntary. No local government agency or local law enforcement agency is forced to do anything under this piece of legislation in helping the Federal Government enforce our immigration laws. But if they do do it, they should have statutory authorization. And where are the benefits going to be if there is cooperation between the Federal Government and State and local law enforcement in helping enforce our immigration laws? It is going to be in the immigrant communities themselves. Because most of the crimes that are committed by illegal immigrants in our country are against other immigrants, both legal and illegal. As a result of the current system, which this bill hopes to encourage to change, we will be able to make those immigrant communities safer. Now, the bill specifically states that nothing in it may be construed to require State or local law enforcement personnel to report the identity of a victim or a witness to a criminal offense to the Department of Homeland Security. So if one of the bad guys hits an illegal immigrant over the head, the local law enforcement that investigates this does not have to report to DHS the fact that the victim is an illegal immigrant, and nor does that illegal immigrant victim have to be arrested because that person is a victim or a witness, and the arrest would be for an immigration law violation. State and local law enforcement are not going to be reporting victims of crime. And they know best how to integrate immigration law enforcement into their duties in a way that will increase the safety and well-being of immigrant communities. Now, many immigrant communities are held hostage by violent alien gangs. Many of those gang members have already been deported for criminal activity and have returned to this country illegally. If State and local law enforcement officers identify such aliens, they can either turn a blind eye or wait until the aliens commit new crimes, or they can apprehend the gang members and turn them over to the Department of Homeland Security to get them out of this country. Clearly, immigration communities will be safer if those vicious criminals are taken off the streets before they can kill or rob again. And what other circumstances are State and local law enforcement likely to report to DHS? As an example, they may report on illegal aliens they come across in the normal course of carrying out their duties, such as after stopping for speeding a smuggling van carrying illegal immigrants. Mr. Speaker, this is a good bill. It helps leverage the assets that we have. I am for increasing the number of ICE agents and Border Patrol agents and increasing the number of detention beds, but passing this bill is something that we can do now to increase the effectiveness of law enforcement in dealing with these issues. Mr. Speaker, I will repeat once again that the communities that will be safer will be the immigrant communities, both the legal immigrants that are present there as well as those that are not legal. Pass the bill.

Mr. SENSENBRENNER. Mr. Speaker, I rise in opposition to the motion to recommit.

Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, this motion to recommit guts the bill. There is no question about the fact. My friends on the other side of the aisle do not want to have cooperative agreements between the Federal Government and State and local law enforcement to help enforce the immigration laws. The bill that was never messaged by the other body prohibits such a practice, and that means that our State and local law enforcement officials have their hands tied behind their back when they see violations of immigration laws. They have to see a crime actually committed, which means that if the other side has their way, you are going to have victims, and we don't want that. We want to make sure that the immigration laws are enforced, and we need the help, voluntarily, of State and local law enforcement to be able to do that. The motion to recommit also guts the ability to ensure vigorous enforcement against alien smugglers, and it also guts the ability to end the catch and release of illegal immigrants caught along our borders. Now, in the letter from Secretary Chertoff of the Department of Homeland Security that I introduced into the Record earlier in this debate, clearly shows the problem that has occurred as a result of an injunction against expedited removal of Salvadorans. Now, what nationality are the people in the MS-13 gangs? Largely Salvadorans. So to get rid of MS-13, we have got to pass this bill and vote down the motion to recommit. Now, this motion is ineffectual, because only the Appropriations Committee can actually fund increases in any account, whether it is the Department of Homeland Security or anyplace else. Led by Republicans, the House and Senate Appropriations Committee have done a stellar job in increasing the funding for new agents. Over this year and next, our appropriators will increase Border Patrol strength by 2,700 agents. This is close to the maximum number of new agents who can realistically be recruited and adequately trained in this time span. Now, the other side can have a pie-in-the-sky number, thousands or hundreds of thousands and the like, but we have a limited capacity to recruit and train new agents, and the appropriators are very close to the max in doing this. Vote down this pernicious motion; pass the bill. Mr. Speaker, I yield back the balance of my time.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, reserving the right to object, has the minority provided our side of the aisle with a copy of this motion?

Mr. SENSENBRENNER. Further reserving the right to object, Mr. Speaker, we do not have it. I object. I ask that the motion be read.

Mr. SENSENBRENNER. Mr. Speaker, H.R. 6094 restores the Secretary of Homeland Security's authority to detain certain dangerous aliens, to ensure the removal of the deportable criminal aliens and to combat alien gang crime. The legislation provides DHS authority to detain beyond 6 months aliens under orders of removal who cannot be removed in a number of situations, such as if an alien has a highly contagious disease, release would have serious adverse foreign policy consequences, release would threaten national security, or release would threaten the safety of the community and the alien is either an aggravated felon or is mentally ill and has committed a crime of violence. The legislation also provides DHS with expedited procedures for the removal of inadmissible criminal aliens and provides new tools to prosecute criminal alien gang members. The motion to recommit pertains to a subject matter different from that contained in the legislation under consideration. Specifically on page 2, line 18 of the motion to recommit, it increases the number of United States marshals. United States marshals do not do immigration enforcement, and thus it expands the bill beyond the scope of the bill and is nongermane. And as a result, the motion fails the test of germaneness contained in clause 7 of rule XVI and thus is not in order.

Mr. SENSENBRENNER. Mr. Speaker, I insist upon my point of order.

Mr. SENSENBRENNER. Mr. Speaker, the motion to recommit is not germane, because clause 7 of rule XVI precludes an amendment on a subject matter different from that under consideration. Mr. Speaker, I ask to be heard on my point of order.

Mr. SENSENBRENNER. Mr. Speaker, point of order.

Mr. SENSENBRENNER. Mr. Speaker, I move to lay the appeal on the table.

Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.