9/11 Recommendations Implementation Act

9/11 RECOMMENDATIONS IMPLEMENTATION ACT -- (Extensions of Remarks - October 11, 2004)

SPEECH OF
HON. BRAD SHERMAN
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES

FRIDAY, OCTOBER 8, 2004

The House in Committee of the Whole House on the State of the Union had under consideration the bill (H.R. 10) to provide for reform of the Intelligence community, terrorism prevention and prosecution, border security, and international cooperation and coordination, and for other purposes:

Mr. SHERMAN. Mr. Chairman, I voted against the Carter amendment and the Green amendment to H.R. 10, the 9/11 Recommendations Implementation Act. I certainly understand why my colleagues introduced these amendments. Their intention was to make us safer.

However, the amendments are not drafted well enough and their operation relies on particularly vague underlying statutory definitions and agency decisions. In addition, the purpose of each amendment can be achieved under present law in virtually every case.

In particular, these amendments rely upon the definition of terrorist act and terrorist organization. One would have to have overwhelming faith, perhaps even blind faith, in current and future administrations to believe that these amendments will be immune from misuse.

I have seen the State Department place or remove organizations on the terrorist list, influenced, at least in substantial part, by diplomatic, political, and even trade considerations.

The Carter amendment essentially attempts to create a felony murder rule for terrorist offenses. If a defendant is part of a conspiracy to commit a felony, and someone dies in commission of that felony, the harshest penalties are applied, even if the conspiracy did not envision anybody dying. I support felony murder rules, particularly those applied to violent terrorist conspiracies. Unfortunately, this amendment, in the hands of unwise or politically motivated prosecutors, could be used to seek the death penalty for those involved in a Sierra Club protest at federal facilities, if there was some tragic and perhaps unforeseeable action.

I am confident that the Judiciary Committee will work on these matters in the weeks and months ahead and design legislation to bring us the safety-enhancing objectives of the foregoing amendments, without raising the same concerns.