The 9-11 Intelligence Bill: More Bureaucracy, More Intervention, Less Freedom
October 8, 2004
HON. RON PAUL OF TEXAS
BEFORE THE US HOUSE OF REPRESENTATIVES
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Mr. Speaker, the 9/11 Recommendations Implementation Act (HR 10) is yet
another
attempt to address the threat of terrorism by giving more money and
power to the
federal bureaucracy. Most of the reforms contained in this bill will
not make
America safer, though they definitely will make us less free.
HR 10 also wastes American taxpayer money on unconstitutional
and
ineffective foreign aid programs. Congress should make America safer by
expanding liberty and refocusing our foreign policy on defending
this
nations vital interests, rather than expanding the welfare state and
wasting
American blood and treasure on quixotic crusades to “democratize” the
world.
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Disturbingly, HR 10 creates a
de facto
national ID card by mandating new
federal
requirements that standardize state-issued drivers licenses and birth
certificates and even require including biometric identifiers in such
documents.
State drivers license information will be stored in a national
database, which
will include information about an individuals driving record!
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Nationalizing standards for drivers licenses and birth certificates, and linking them
together
via a national database, creates a national ID system pure and simple.
Proponents of the national ID understand that the public remains
wary of
the scheme, so they attempt to claim they’re merely creating new
standards for
existing state IDs.
Nonsense!
This legislation imposes federal standards in a federal bill,
and it
creates a federalized ID regardless of whether the ID itself is still
stamped
with the name of your state.
It is
just a matter of time until those who refuse to carry the new licenses
will be
denied the ability to drive or board an airplane.
Domestic
travel restrictions are the hallmark of
authoritarian states, not free republics.
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The national ID will be used to track the movements of American citizens,
not just
terrorists. Subjecting every citizen to surveillance actually diverts
resources
away from tracking and apprehending terrorists in favor of needless
snooping on
innocent Americans.
This is what
happened with suspicious activity reports required by the Bank
Secrecy Act. Thanks to BSA mandates, federal officials are forced to
waste
countless hours snooping through the private financial transactions of
innocent
Americans merely because those transactions exceeded $10,000.
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Furthermore,
the federal government has no constitutional authority to require
law-abiding
Americans to present any form of identification before engaging in
private
transactions (e.g. getting a job, opening a bank account, or seeking
medical
assistance).
Nothing in our
Constitution can reasonably be construed to allow government officials
to demand
identification from individuals who are not suspected of any crime.
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HR 10 also broadens the definition of terrorism contained in the PATRIOT Act. HR
10
characterizes terrorism as acts intended “to influence the policy of a
government by intimidation or coercion.”
Under this broad definition, a scuffle at an otherwise peaceful
pro-life
demonstration might allow the federal government to label the
sponsoring
organization and its members as terrorists. Before dismissing these
concerns, my
colleagues should remember the abuse of Internal Revenue Service power
by both
Democratic and Republican administrations to punish political
opponents, or the
use of the Racketeer Influenced and Corrupt Organizations (RICO) Act on
anti-abortion activists.
It is
entirely possible that a future administration will use the new
surveillance
powers granted in this bill to harm people holding unpopular political
views.
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Congress could promote both liberty
and
security by encouraging private
property
owners to take more responsibility to protect themselves and their
property.
Congress could enhance safety by removing the roadblocks thrown
up by the
misnamed Transportation Security Agency that prevent the full
implementation of
the armed pilots program. I cosponsored an amendment with my colleague
from
Virginia, Mr. Goode, to do just that, and I am disappointed it was
ruled out of
order.
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I am also disappointed the Financial Services Committee rejected my
amendment to
conform the regulations governing the filing of suspicious activities
reports
with the requirements of the US Constitution. This amendment not only
would have
ensured greater privacy protection, but it also would have enabled law
enforcement to better focus on people who truly pose a threat to our
safety.
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Immediately after the attack on September 11, 2001, I introduced several pieces of
legislation designed to help fight terrorism and secure the United
States,
including a bill to allow airline pilots to carry firearms and a bill
that would
have expedited the hiring of
Federal
Bureau of Investigation (FBI) translators to support counterterrorism
investigations and operations. I also introduced a bill to authorize
the
president to issue letters of marque and reprisal to bring to justice
those who
committed the attacks of September 11, 2001, and other similar acts of
war
planned for the future.
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The foreign policy provisions of HR 10 are similarly objectionable and
should be
strongly opposed. I have spoken before about the serious shortcomings
of the
9/11 Commission, upon whose report this legislation is based. I find it
incredible that in the 500-plus page report there is not one mention of
how our
interventionist foreign policy creates enemies abroad who then seek to
harm us.
Until we consider the root causes of terrorism, beyond the jingoistic
explanations offered thus far, we will not defeat terrorism and we will
not be
safer.
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Among the most ill-considered foreign policy components of H.R. 10 is a
section
providing for the United States to increase support for an expansion of
the
United Nations “Democracy Caucus.” Worse still, the bill encourages
further
integration of that United Nations body into our State department.
The last thing we should do if we hope to make our country safer
from
terrorism is expand our involvement in the United Nations.
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This bill contains a provision to train American diplomats to be more
sensitive and
attuned to the United Nations, the Organization for Security and
Cooperation in
Europe (OSCE) — which will be in the US to monitor our elections next
month — and other international non-governmental organizations (NGOs). Even
worse, this
legislation actually will create an “ambassador-at-large” position
solely to
work with non-governmental organizations overseas. It hardly promotes
democracy
abroad to accord equal status to NGOs, which, after all, are un-elected
foreign
pressure groups that, therefore, have no popular legitimacy whatsoever.
Once
again, we are saying one thing and doing the opposite.
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This bill also increases our counterproductive practice of sending United
States’
taxpayer money abroad to prop up selected foreign media, which
inexplicably are
referred to as “independent media.” This is an unconstitutional misuse
of
tax money. Additionally, does anyone believe that citizens of countries
where
the US subsidizes certain media outlets take kindly to, or take
seriously, such
media? How would Americans feel if they knew that publications taking a
certain
editorial line were financed by foreign governments? We cannot refer to
foreign
media funded by the US government as “independent media.” The US
government
should never be in the business of funding the media, either at home or
abroad.
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Finally, I am skeptical about the reorganization of the intelligence community
in this
legislation. In creating an entire new bureaucracy, the National
Intelligence
Director, we are adding yet another layer of bureaucracy to our already
bloated
federal government. Yet, we are supposed to believe that even more of
the same
kind of government that failed us on September 11, 2001 will make us
safer. At
best, this is wishful thinking. The constitutional function of our
intelligence
community is to protect the United States from foreign attack. Ever
since its
creation by the National Security Act of 1947, the Central Intelligence
Agency
(CIA) has been meddling in affairs that have nothing to do with the
security of
the United States. Considering the CIA’s overthrow of Iranian leader
Mohammed
Mossadeq in the 1950s, and the CIA’s training of the Muhajadin
jihadists in
Afghanistan in the 1980s, it is entirely possible the actions of the
CIA abroad
have actually made us less safe and more vulnerable to foreign attack.
It would
be best to confine our intelligence community to the defense of our
territory
from foreign attack. This may well mean turning intelligence functions
over to
the Department of Defense, where they belong.
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For all of these reasons, Mr. Speaker, I vigorously oppose HR 10. It
represents the
worst approach to combating terrorism — more federal bureaucracy, more
foreign
intervention, and less liberty for the American people.