justice, every agency under our jurisdiction has to submit a spending plan to us that is then subjected to careful ongoing oversight throughout the year and if we cut a.t.f. by $250 million, they're unable to do all the important work that they are now engaged in. there's a lot of dedicated law enforcement officers in that agency that are doing their very best to fight gangs and violent criminals and we've visited with folks at a.t.f. they're not concerned about law-abiding citizens or a gun dealer who's following the law. they are focused on the criminal element of the country and so i would encourage members, if i could i'd be happy to work with you and share with you the ongoing oversight work that i'm doing and encourage to you come visit with the new a.t.f. director, a very impressive man, a marine, a life long law enforcement officer who did the right thing here and the agency's devoted to protecting americans' second amendment rights. if i ever get hear deviation

from, that i'll make sure our second amendment rights are protected. i would encourage members to oppose the amendment. i just don't want to see the a.t.f. devastated. . i would reserve. the chair: the gentleman reserves. the gentleman from alabama. mr. byrne: we are in great debt to the gentleman for all you've done and i'm 100% confident that you'll continue to do that. i don't know the new leadership over there, i pray that it's truly new leadership because what's happened at the a.t.f. is completely not acceptable and it's really not acceptable when it interferes with the second amendment rights of the people of the united states of america. i thank the gentleman. i know you'll do everything you possibly can, i will take you up on your offer to meet the new leadership. with that, i yield back the balance of my time. the chair: the gentleman from texas.

mr. culberson: i yield back my time and urge members to oppose the amendment and join me -- i'm opposed to the amendment he, did not withdraw it. mr. fattah: could you yield me time? the chair: the gentleman from pennsylvania. mr. fattah: i visited at the a.t.f. headquarters and looking at their work, particularly focused on explosives and the new site in alabama, looking at some of the work they're doing around the country, it's so vitally important that i think at this time in our country's history for taos retreat from our commitment to this agency, it would be a very unfortunate and unwise decision. so i would hope that the house would vote in opposition to this amendment and, you know, and make sure that as we go forward we can try to address whatever the concerns are.

but cutting a.t.f. by this amount of money would put so many americans at risk, i think it would be unwise. i yield back. the chair: i join my colleague in urging a no vote on this amendment. again, working with my colleague in making sure the a.t.f. continues to protect the second amendment rights of americans and there's no greater power the congress has than the power of the purse and i assure you as the new chairman, i am honoring very, very closely to make sure that a.t.f., f.b.i., department of justice enforces the law and enforces our second amendment rights and therefore i urge members to vote no. the chair: all time for debate having expire, the question is on the amendment offered by the gentleman from alabama. those in favor say aye. those opposed, no. in the opinion of the chair, the noes have it. the amendment is not agreed to.

for what purpose does the gentleman from colorado seek recognition? >> i have an amendment at the desk. the chair: the clerk will report the amendment. the clerk: amendment offered by the gentleman from colorado. page three, line 45, strike such. the chair: the gentleman from colorado and a member opposed each will control five minutes. the chair recognizes the gentleman from colorado. >> i rise to strike language from this appropriations bill that denies americans the right to bear arms. mr. buck: i visited with a gentleman who told me that 40 years ago, when he was in college, he gave his landlord a bad check and was convicted of a felony. the last 40 years he's been a model citizen.

now he wants to go hunting with his grandchild but can't because he's a convicted felon. a.t.f. can overturn this but the individual has to prove they're not a threat. america is a compassionate country. we restore the right to vote in many states and other rights. there is no good reason to prevent law-abiding citizens from at the very least petitioning a.t.f. to have their rights restored. the change i am seeking is fair and reasonable and it is long overdue. people who are able to prove to a.t.f. that their possession of a firearm would pose no danger to society would finally, after over two decades of unfair treatment, be permitted to make their case and have their rights restored. not everyone who petitions a.t.f. will have their rights restored. this bill does not intend in any

way, shape, or form to allow a violent criminal to possess a firearm. only those nonviolent criminals that a.t.f. deems are not a danger. not everyone will have their rights restored but washington should not get in the way of americans asking for a second chance. for these reasons, i respectfully request support for this amendment. the chair: who seeks time in opposition? the question is on the amendment offered by the gentleman from colorado. those in favor say aye. those opposed, no. in the opinion of the chair, the ayes have it. the amendment is agreed to. clerk will read. the clerk: page 34, line 12, federal prison system salaries and expenses including transfer of funds $6,951,551,000. buildings and facility, $230

million. federal prison industries incorporated federal prison industries authorized to make such expenditures to make such contracts and commitments as may be necessary in carrying out the program, limitation on administrative expenses, federal prison industries incorporated $2,700,000. the chair: for what purpose does the gentlewoman from wisconsin seek recognition? ms. moore: i have an amendment at the desk. the chair: does the gentlelady seek --

the chair: is there an objection to the gentlewoman offering an amendment at this point? hearing none, the gentlelady from wisconsin is recognized. ms. moore: thank you so much, mr. chairman. my amendment -- the chair: the gentlewoman will suspend. the clerk will report the amendment. the clerk: amendment offered by ms. moore of wisconsin, page 34, line 19, after the dollar amount, insert reduced by $2 million. page 42, line 24, after the dollar amount, insert increased by $2 million. page 44, line 8, after the dollar amount, insert increased by $2 million. the chair: pursuant to house resolution 287 the gentlewoman from wisconsin and a member opposed each will control five minutes. the chair recognizes the gentlelady from wisconsin. ms. moore: thank you so very, very much, mr. chairman. my amendment transferred $2 million into the mentally ill offender treatment and crime

reduction act. for the purpose of expanding and improving police training to safely and appropriately respond to mentally ill individuals. now, mr. chairman, we have heard a lot lately in the news about high profile police involved shootings that have become a major subject here around the country and here in congress. and not surprising to some of us, especially those of us who hail from large urban cities, this is a widespread problem that's been around for a while. but, today i am offered this amendment to highlight one serious issue that i think should be a major part of our current national dialogue. ensuring that police have adequate training to identify persons with mental illness and to safety, when it's possible, resolve encounters during a

crisis. mr. chairman indulge me for a moment while i tell you a story about a 31-year-old milwaukee, wis, whunrtuny lonr th us toy. hi ne antre milton. he sufferefrom aen illne. was diagnosedit hiphrenia,eaproro thncident a hadeen off his medi dueonsurance issue prilof st yeatr was king aap oaublic rkench en eployees of ay stucksalled the ce. two pice ics came an did weness checd lt the sc dcethat haln s no teato hielf nor to anyone in th

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calls andit the chance of a agic and often preventab sequen. k you an yd ck. aiheentlady ck wh ppose does the gentlan re? . culbern:eek time os th i'ot oppose t c: the gentl is recoiz. mrson: i are amendment oy th tladd ur my lleueto spo it. yid back eir:he queson in thendment offed byhe gey fromiscoin ose in vor say aye. thosoppos, no in t opini of the chair t andment i r wt rpos gentlemanirginia s recogniti? mr.ma i have an amendt the d. the chair: the erk will gnate thmendment th clerwi report amenent. the clk:mement offeredby r.nlyf rg, page 34, l19tethe ount insert ruc by $1 mion. ge 42, lin24ft the

dollar amoun insert ireas $1 lion. pag6,ine 7afe doll amount inrt inc by $1 llion thair: without ctio th the chaiout obctio the endments fr the maomirginia will be hear thgelen from virgia and ber opposedeach wil co fve mutes. he chai rizeshe lanom vrgia. hank yor. cirman. mr. nnth amendment crees the fblinr vetansrement urts b $is miio i ofed a sil andnt ythat the housso adop voiceote. th thaddina fnds providedy is amendnt total of ths mli would avaible -- $6 lion would beablfor such cots whic stirt of e8 milongressas auizednr the parn mentaill treatment crducti act. our nation heesre returni homfrom me th decadef war uponir returnthe bea

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endm th chair witout jeion, the gemanroxas reco f fe minute cul: i thank th gentle it'sooamenent would enag mbers to suppndieldack, an. the air: the geleman texas yieldsack. thquestn s the ament offerebyhe gtl from r--onhe and ofred by t gentleman from viinia. e say aye. tho oedno. in opinion of thr, ayeavit e amement igro. fowhat purpe do t geman from taseek recognion? cbeoni to move r the word andnter colquy wit mgooen thgentman frorth carolina. the cir thetlemrom tes voor fe min mrcueon: at this time i'd like yd to my friend, price om noh carol for aloy. mr. price: thank the lenording. an i would o er into a coly. ng the omtt consitio o t lesltin,he chairman will ll tt we dssed th acconyg repornge. that for e first time would l n.s.f.esrch fun by rect re d

rticular would disproponaty reduce ding fhe socia behaviornd economic ence t gsc dectote is haised critil quesons and concn the scitifi commity. asthegislatproces ovesorwardi ask fr e hairman's asurce that w can workogether toreve e naon sci undati's tdition retion and ibily loca bc resear nng anghe foti's orat culbe: i lookrw to workinwi, price, d otr members oe subcomittee ndul cottas ll as the sciencemitt, tre th werotect the iepe of the natiol science unti is villy iornthme prervits leadole i world acieif researcand n.sas been -- annasa hbeenalt o m stng suppoer of r invtmheciees favending er omasfeonid to say

alibert wirst b of science. and it hawe work thyou e mo tough cs tontin reserve exibility d independ of the tional scien founti. wen thcommtee repor mplyoe surf. orizeshei finani l coo wi y througuthis ps forwd. . pce: thankhe getlem. this icrtilly importa. i apprecie thehance to work on thiss theegisation mos orwardthank you, mr. rman. r. culbern: tnk. tnk y m chama hair: t gtlanields back thece of s me. the clwi thele: page 37, le 12, ate d locaaw enforment activitioffice oen inst w, violen ainst prention a osecprogms4 million. officef sce prams e d lollaw enforcement assistance $5,400,

ve jce proams for granras, cpeti agentsndsstance, ounts madaible until exde $95 ion for ut mentori gnpuic saty, offir b inuding transfds $16,0,. counity-orienteservices couny-ientedolg serces s,ncling trns of fus for gs, contrac coperat greements and other asstanmots are ma available untilnd. publ justincding ansfer f, seion 2 addion ts made ailable, $50. shal be lablto rney er for officl ion, section 2none the fus s be avaiblto pafor an artioexpt where e lifethe mother would in der. secti 203 nonef e f shall beequi

any perso perfo anortion. con04otinin the ocg seconhall rove t ligaon to prove est servic nsarfor a e inmat r suc service outside the fl lity. 205, not to eceed% of anyopriatn for deparentmabe tnsferre tweuch approiations bu noh appropria shall b crease byorthan 1 the attorney -- io0 e aorneneral is td tte thrgh septeer 216, th demonsatoject trsfe to aoey neal pursuant to blic law 1029 section 207, ne ofhe funds mabe usedhe feral ea pris for t purpose of tnsporti a risoner other t p priately sereor hoi such aproner. ct 208, none of eunds may be us tpurcle levisn

svices. section09, nonef theun shalleigted fone enhancenforon oly pronxces of$100 mlion seio10 notification thold shalapply to deatiom theunt degnat sfic activ con11, of may be uto pfor a blic-private competition untheice of managent and budgetir a-76, wh rmedempleeof theersonndustri. ctio 2, fdshae avable f they any unted statassigned by thettorgenera, that ishenistatety frsincy requiments section itle 2 united seion 213 athe dcr ofthorney genera any amnt oherwise may be avlato proidtrng and chnical assnc

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scienceechnogy po ,555,00 onaleronautics anp ministrati, sc $5,2370 to remain availableileper 30, 17. aerouti0 ll to mainvla until sepmber 30,2017. space tecog625n torema availae unl septb 30, 2017. exption,9,0 to n availaent sept 30 20. etion $3,7,0, to remai available til embe 30, educon $119 million to remain availae

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prisons 501 503 550nd 506 o puicaw10119. e mammalommissio laries dns $3000. ffice the unitedta ade represeive,ar and eense $,2500 state jtiinitut sarieanxpses, 0, of,000 shalin ailable until september0, 201 . ctn 501, no parta propiaonshal besed f icity or agda purpes tuthorized by congrs. seio 502. notof appprtis shal remain available f obgaon unlessso

h ctio503. expentures of y ropriions ay ltinservic s b itedo t contrctfo ch ndites of public record. section 504. if any provision of this act shall be held invalid the remainder of the act shall not be affected thereby. section 505. none of the funds provided under previous appropriations to the agencies that remain available for obligation shall be available for only fwation or expenditure through a reprogramming of funds that creates or limits a new program. section 506. if it has been determined by a court that any person intentionally affixed a label bearing a made in america inscription to any product sold or -- sold in or shipped to the united states that is not made in the united states, the person shall be ineligible to receive any contract. section 507. the department of -- departments of commerce and justice, the national science foundation and

the national err naughtics and space administration shall provide to the committees and the senate a quarterly report on the status of balances of appropriations. section 508. any costs incurred by a department under this act resulting from personnel actions shall be absorbed within the total budgetary resources available to such department. section 509. none of the funds shall be available to promote the sale of tobacco or to seek reduction by any foreign country of restrictions on the marketing of tobacco. section 510, none of the funds may be used to pay the salaries and expenses of personnel of the department of justice to obligate more than $2,705,125,000 in the fiscal year 2016. section 511. none of the funds made available to the department may be used to discriminate against the religious brief of students who parties 35eu9 in programs. section 512. none of the funds made available may be transfered to any

department except pursuant to a transfer made by this act. section 513. any funds provided used to implement any government initiative shall be subject to procedures set forth in section 505. section 514. inspectors -- the inspectors general shall conduct audits and shall submit reports to congress. section 515. none of the funds appropriated may be used by the departments to acquire or renew a high impact information system. section 516. none of the funds shall be used in any way to support or justify the use of torture by any official or contract employee of the united states government. section 517. none they have -- none of the funds thunder act may be expended or obligated to pay administrative expenses in connection with requiring an export license for the export to canada of components or attachments for firearms with a

total value not exceeding $500. section 518. no department, agency or instrumentality of the united states shall obligate funds to pay administrative expenses to deny any application submitted pusuant to 22 u.s.c. be-1-b for permit to import firearms. section 519. none of the funds may be used to support bilateral agreement of the united states-singapore free trade agreement. section 520, none of the funds may be used to authorize a national security letter in contravention of any laws authorizing the federal bureau of investigation to issue national security letters. section 521. the program manager of a project

within the jurisdiction of the department totaling more than $75 million has cause to believe that the total program cost has increased by 10% or more the program manager shall immediately inform the respective secretary. section 522. funds made available for intelligence activities are deemed to be specifically authorized by the congress. section 523. none of the funds may be used to enter into a contract in an amount greater than $5 million unless prospective contractor clarifies that the contractor has filed all federal tax returns required during the three years proceed -- prea seeding the -- preceding the recertification. rescission of the balances available to the department of commerce's national technical information service, $10 million are rescinded. section 525. none of the funds may be used to purchase first complass airline

travel. section 526. none of the funds may be used to send or otherwise pay for the attendance of more than 50 employees from a federal department or agency at any single conference outside the united states. section 527. none eff -- none of the funds may be used to transfer or assist -- the chair: for what purpose does the gentleman from new york rise? >> i have an amendment at the desk i call up my first amendment, i have two. the chair: the clerk will report the amendment. the clerk: amendment offered by mr. nadler of new york. strike section 527. the chair: pursuant to house resolution 287, the gentleman from new york and a member opposed will each control five minutes. the chair recognizes the gentleman from new york. mr. nadler: thank you, mr. speaker. i have two amendments, the first strikes section 527, the second strikes section 528. i had to do two separate

amendments, but they're realy together. sections 527 and 528 which my amendments would strike, restricts the president's authority to move guantanamo bay detainees to the united states for trial. simply put it is time to punish khalid sheikh mohammed, the mastermind of the 9/11 attacks. in gitmo his has not been tried, convicted or punished. federal courts have tried, convicted and punished more than 400 terrorists. none of them have ever escaped from a u.s. prison. no prison where they are located has ever been subjected to an attack. the only thing my friends opposed to close guantanamo have on their side is fear. they will try to tell us these men are dangerous and scary, that these men can harm us, that these men are the worst of the worst, and some may be. but these men are already in our custody. like so many murderers and terrorists already in prison they have no power over us. they have been shut off from the

outside world for more than a decade. there are terrible people in guantanamo i'm not denying that there are, it is time for them to face the consequences of their actions in a u.s. court. that's rub. the terrorist who was been prosecuted and sentenced had their day in considerate and were found guilty. the u.s. court the federal courts successfully tried and convicted criminals and terrorists in times of war and peace for hundreds of years. all while respecting the rights to due process that our constitution demands. this leads me to believe that some of my colleagues do not believe in the american system of justice. they do not trust our american courts to do justice. i do not understand why. through the centuries, our legal system has kept america safe by putting away dangerous stridges while protecting those who are innocent from the government's charges against them. that is the beauty of our system that's made it the envy of the world. the principles underpinning the system, the right to due process and to a fair trial are built

into our constitution. and are part of our most basic values. in order for the system to work you need to get your day in court. without our amendment this bill guarantees that we will continue holding people indefinitely in guantanamo bay. even though we suspect that we are holding people who are terrorists some of whom probably are in fact terrorists, none of this has been proven in a court of law. without this amendment, we will continue to hold them indefinitely without charge. contrary to every tradition this country stands for. contrary to any notion of due process. the founding principles of the united states is no person may be deprived of liberty without due process of law and certainly may not be depried of liberty indefinitely demands we close the detention facility at guantanamo. we must close this facility, try these people condemn the guilty, place them in supermax facilities release the innocent if there are any and restore our national honor. i urge support of this

amendment, i reserve the balance of my time. the chair: the gentleman from new york reserves. for what purpose does the gentleman from texas seek recognition? mr. culberson: i claim time in opposition to the amendment. the chair: the gentleman is recognized. mr. culberson: to make sure everyone understands, mr. nadler is attempting to give constitutional rights to foreign nationals captured on battlefields overseas. they're being held in guantanamo bay, that never before in american history have we ever given foreign nationals enemy combatants, captured overseas on a battlefield, constitutional right the most precious rights we have, fought for, bled for, died for by our forefathers on so many battlefields all over the world to preserve these precious rights, reserved to the people of the united states of america, mr. nadler wants to extend the protections of the constitution to the killers and psychopaths who have kill sod many americans overseas. i could not disagree more

strenuously. i know the house disagrees strenuously. we have voted on this repeatedly in the house and the congress have repeatedly affirmed this language which says very clearly, none of the funds appropriated,s the language, mr. nadler seeks to strike, none of the funds appropriated in this or any other act may be used to transfer, release, or assist in the transfer or release to or within the united states khalid sheikh mohammed or any other detainee who is not a united states citizen or a member of the armed forces and was held on or after june 24 2009, at guantanamo bay. during world war ii a group of nazi saboteurs landed on beaches in long island and on florida, were captured fairly rapidly by local police officers and local militia and handed over to the u.s. military and franklin roosevelt did the right thing they immediately held these nazis as military detainees.

they were accorded a trial under the military code of justice and executed as they should have been. i think within about 60 days. and this is not really an issue for the american people, with i hope, mr. chairman are out watching tonight because there could not be a more dramatic contrast between the majority in the house that's representing the will of the nation in seeing that our laws are enforced and the enemies of the united states are hunted down wherever they may hide what is it, hamas i had a constituent tell me it stands for hiding among mosques in schools? they hide behind women and children, will not face our soldiers on the battlefield, when we have met them on the battlefield, we defeated them decisively. where the men and women of the united states military find these people, hunt them down, we kill or capture them. if we capture them and they have

information that could save american live well bring them to guantanamo bay. we in this appropriations bill make clear that we will not give these killers these cowards, these terrorists, these foreign fighters on foreign battlefields the precious rights reserved to the people of the united states by this constitution. it's that simple. if you want to give terrorists, foreign fighters on foreign battlefields constitutional rights, vote with mr. nadler. vote against mr. nadler's amendment if you believe that the rights guaranteed by this constitution are reserved to the people of the united states and that if you are an enemy combatant, a foreign national fighting in the united states, you're going to be dealt with severely and accorded the military code of justice as it should be. i reserve the balance of my time. the chair: the gentleman reserves. the gentleman from new york is recognized. mr. nadler: how much time do i have left? the chair: the gentleman has 90

seconds remaining. mr. nadler: mr. speaker, i yield myself such time as i may consume. the chair: the gentleman is recognized. mr. nadler: first of all, almost everything the gentleman just said is not apropos and is wrong. the supreme court of the united states has ruled that people of guantanamo have exactly the same constitutional right, no more, no less, than they would have if brought to the united states. it has nothing to do with giving constitutional rights to foreign tharbles. second of all, some of these people were indeed captured on foreign battle feemeds, some were not. third of all, maybe they should be tried by military tribunals but they've been held 11, 12, 14, 15 years, we can't manage to try them in foreign tribunals. try them in court, try and convict them. if you want to do in it a military court do, that fine, we haven't managed to. but by staying in guantanamo, they don't have any less fewer or more constitutional rights than here. anyone within the jurisdiction of the united states, according to the supreme court, in the --

has constitutional rights and we must treat them with due process. all this says is treat them the way the supreme court says we should try them, condemn them, or find them innocent as the case may be. we should follow our traditions. mr. fattah: you go ahead, i'm going to move to strike the last word. mr. nadler: i urge adoption of this amendment so we can apply american concepts of justice as the supreme court said we must. we can try them by military tribunal, we can try them in federal court, military tribunals haven't worked, we haven't been able to make them work federal courts have worked. condemn the daylight release the innocent if they are any. i yield back. the chair: the gentleman's time has expired. mr. fattah: i move to strike the last word. the chair: the gentleman is recognized for five minutes. mr. fattah: it was not long

after 9/11 that we held a conversation here in washington and the former speaker was on a panel over in re burn i think, and we were -- over in rayburn i think, and he said, this is the situation we find ourselves in after the attacks. i asked speaker gingrich at the time former speaker, what this notion of us being a nation of laws, what did that mean now? because under former president bush the original president bush, he had complained about the chinese holding people without trial. . we had issued a formal complaint that the chinese were holding people without trial using secret evidence and so forth and so on. and what did this mean now in the context of our own country's conduct? speaker gingrich said, well, he wasn't really sure, because we were at a difficult moment. so now we are here we've had

two presidents who tried to close guantanamo. president bush who opened it and his second administration wanted to end it, and then we had two presidential elections in which the country voted for barack obama who said he wanted to close this facility and we have a congressional majority that's not going to do it. that's going to put everything in the way of doing it. we have our national security enterprise that says that this is used as a recruitment tool against our interests, that this is working against the security of the united states. and more important than perhaps even that is, i'm sure gnaws at our ideals as americans. that you would take someone, hold them, never try them, never produce any evidence in a tribunal of any type, military or civilian, and say that

you're going to do it in perpetuityy. that this is not the great nation that our ideals speak to. this is an act of something less than what we should be doing. as a great country. and i know that it's not popular and mr. nadler's amendment is not going to probably enjoy majority support, but at the end of the day, we can't just ask what's popular or what's politic. at some point we have to ask ourselves, what is the right thing? and if we can complain about china holding people without charge, with secret evidence, and no trial and no access to lawyers, then we have to think about looking in the mirror and think about what we have allowed other people's actions to turn our country into, in this circumstance. i rise in support of the nadler

amendment. thank you. i yield back. the chair: the gentleman yields back the balance of his time. the gentleman from texas. mr. culberson: how much time do i have remaining? the chair: the gentleman from texas has 90 seconds remaining. mr. culberson: 90 seconds remaining. let me could, if i could mr. chairman, president obama said he wants to close guantanamo bay and bring these people into the united states. the 19th terrorist was captured in the united states and therefore he was entitled to constitutional protection because he was in the united states. but the only thing standing between barack obama giving these terrorists and killers constitutional rights is this language in this appropriations bill which says, none of the money of the united states can be used to transfer these killers into the united states. as soon as they touch our soil, they will be given constitutional rights and that is exactly what mr. nadler wants to do with this amendment. these precious constitutional rights, that these killsers and cowards have been captured on foreign battlefields, these

foreign na nationals have thank have never been given the protections of the constitution, that are reserved for the united states. they're lucky to be alive and in guantanamo bay. i urge members to vote against this amendment to ensure that these people are give what they deserve and that is whether it be life in prison or whatever lies ahead, that they will never again threaten the people of the united states. i urge members to vote no against mr. nadler's amendment to ensure that constitutional protections are only afforded to the people of the united states or those persons that are actually within our boundaries when they are capture order they commit a crime. i reserve the balance of my time. if i have any left. the chair: the gentleman from texas reserves. the gentleman from texas controls all the time. mr. culberson: i yield back and urge members to vote no. the chair: the gentleman yields back the balance of his time. the question is on the amendment offered by the gentleman from new york. those in favor say aye. those opposed, no. in the opinion of the chair, the noes have it. the amendment is not agreed. to mr. nadler: mr. speaker on that i request sk a roll call

vote. the chair: further proceedings on the amendment offered by the gentleman from new york will be postponed. the clerk will read. the clerk: page 91, line 11, section 528, none of the funds may be used to construct or modify any facility in the united states to house any individual described in subsection c, under the effective control of the department of defense. the chair: for what purpose does the gentleman from new york seek recognition? mr. nadler: amendment at the desk to strike section 528. the chair: the clerk will report the amendment. the clerk: amendment offered by mr. nadler of new york. strike section 52. the chair: pursuant to house resolution 287 the gentleman from new york and a member opposed will each control five minutes. the chair recognizes the gentleman from new york. mr. nadler: thank you, mr. speaker. this is really a continuation of our colloquy from the last amendment, since they both seek to do the same thing. let me just say a couple of things. again, the united states supreme court has ruled that people in guantanamo bay have the same constitutional rights

as people in florida or new york or washington. so i do not seek to give people in guantanamo bay constitutional rights they do not already have. they have constitutional rights . that was the supreme court decision i think in 2009, i think the decision was. they have the constitutional rights. anyone under the jurisdiction and effective control of the united states has the constitutional rights. it's not really in question. what's really in question is are we going to honor our obligations? now, the gentleman says that some of these people are terrible people, that they're murderers, that -- and some of them may be and some of them are. but some of them may not be. they've not been tried. they ought to be tried. we have, as the gentleman from pennsylvania said, we have created -- criticized the chinese communists, we've criticized many other nations for holding people in jail indefinitely, for not trying them, for not giving them any kind of due process. these people, like any other human beings, deserve some due

process. some of them, i'm sure, have been terrorists. they ought to be condemned and put in jail forever. some of them may not be. some of them were captured on foreign battlefields and and some were not. some of them were simply victims of the hatfields and mccoy's feud between two tribes in afghanistan or whatever and one clan said, gee, the americans are paying a $5,000 bounty so why don't we tip them off to our enemy and tell them that they're a terrorist? some of them were victims of that. the facts ought to come out. no one ought to be held in jail for life without a trial, without a hearing, without some due process. that's what we stand for. simply saying that americans deserve drew process but other people do not, a, is wrong, other people do not have constitutional rights, but if they're in the united states they do. if they're in guantanamo, they have constitutional rights. the supreme court has already said that. so the question here is are we

going to bring them to a facility of the united states, a supermax facility, no one has escaped from them, it's cheaper, saves the taxpayers a lot of money, give them a military tribunal, or a federal trial? and do what's right? that's what's at stake here. i'll say one other thing. our military's told us time and time again that the stain of guantanamo, besides being a stain on our honor, is the greatest recruiting tool, one of the greatest recruiting tools the terrorists have. they point to guantanamo, they say, look at those american hypocrites. they're persecuting muslims they're persecuting non-americans. well they have a point. and other people think they have a point and they get angry and they get radicalized and they become terrorists against us. so why not, for the 120 odd people who are still in guantanamo the majority of whom have been judged not to pose a threat to this country by our own military

authorities, do the right thing , give them a trial, throw them in jail for whatever lengthy period of time is indicated if they are guilty, and if they're not, then they ought to be released. if they're not guilty of a crime, if they haven't been terrorists we have to have some evidence, we can't simply point to someone and say, he's guilty of a crime, he's a terrorist, without some evidence. that's our tradition, that's what this amendment calls for. i urge the adoption of the amendment. i reserve the balance of my time. the chair: the gentleman reserves the balance of his time. for what purpose does the gentleman from texas seek recognition? mr. culberson: claim time in opposition. the chair: the gentleman is recognized for five minutes. mr. culberson: let me point out to all the members of the house and those listening here this evening that the section mr. nadler attempts to strike is the only thing standing between president obama and his attempt to close guantanamo bay and transfer all these killers, these cowards, these foreign nationals captured on foreign battlefields, either attempting to or having already killed american soldiers, this

language that mr. nadler is attempting to strike prohibits, says none of the funds appropriated by this or any other act can be used to construct or require or modify any facility in the united states to house any individual transferred into the united states from guantanamo bay. so we've got two provisions in this bill. no money to transfer anybody from guantanamo in the united states. that amendment, which will be a record vote, will be decisively defeated by the house in a minute. and then this amendment, which mr. nadler is offering, we put language in this bill for the last several years to make sure that president obama cannot use the -- use federal hard-earned taxpayer dollars to build a prison facility or modify it to house anybody transferred from guantanamo. now, this is very clear cut, this is very simple. obviously anybody held -- if you're in a military tribunal you get due process. that's not the issue. what mr. nadler is attempting to do with this amendment again

is to give constitutional rights to foreign nationals captured on foreign battlefields engaged and we are still at war with these people. we're still at war. and mr. nadler's attempting to extend constitutional protections fought for and died for by our ancestors to enmy combatants captured on foreign battlefields. never been done. absolutely unprecedented and frankly unbelievable. i cannot even manage the cost the sacrifice -- imagine the cost, the sacrifice, the burden on american taxpayers, the threat to americans' safety, for what? these foreign nationals these psych pathic killers and isil are going to like us and respect us because we gave them a trial and constitutional protection? yeah, that's going to happenment we're at war with a medieval mindset that is determined to destroy our way of life. and our liberty. they're hostile to everything that our founding fathers fought for. these people would destroy this constitution that we have for over 200 years worked so hard

to preserve and protect. i cannot think of anything more destructive or damaging to the morale of our troops, to the mar al of our nation, to all of those families who lost loved ones in the war on terror than to bring in these killers and cowards into the united states and grant them the protections guaranteed to american citizens and -- in the united states constitution. i urge the members to oppose this amendment and i reserve the balance of my time. the chair: the gentleman reserves the balance of his time. the gentleman from new york. mr. nadler: i grant myself as much time as i may consume. again, even the nazis came ashore on long island, as the gentleman referred to before were tried in a military tribunal. they weren't thrown in jail and jailed forever. they were tried in a military tribunal. all this amendment says is we should do the same thing. that people who are in the custody and the jurisdiction of the united states already have constitutional rights. we're not giving them -- one

moment. we're not giving them constitutional rights. the supreme court already said they have them. we're saying they should get a military tribunal or a civilian trial, which ever is chosen. this amendment doesn't deal with. that they should be condemned or not. i'll yield in one second. one more thing, you keep saying that these people were menmies of the united states captured on the foreign battlefield. some were, some were not. i yield. mr. culberson: thank you. because the section we're dealing with is a prohibition against building a prison fan silt in the united states to house these -- facility in the united states to house these people. that's what the debate needs to be about. what you're attempting to strike is a prohibition against using our taxpayers' hard-earned dollars to build a prisonen to house these killers. mr. nadler: reclaiming my time. i yield for one second. mr. fattah: this is an appropriations bill. i want everybody to know, it's $2 million per inmate at guantanamo, it's a premium facility $2 million. the chair: the gentleman from new york's time has expired. the gentleman from texas is recognized. mr. culberson: thank you mr. chairman. the question before the house

is whether or not our taxpayers' hard-earned dollars are going to be used to build a prison facility in the united states to house the terrorists and killers and cowards held in guantanamo bay. that's the question before us. mr. nadler: will the gentleman yield? mr. culberson: yes. mr. nadler: does the gentleman not know what has been testified to repeatedly, that it would be a lot cheaper for the taxpayers, to hold them in the united states than guantanamo? mr. culberson: that may be your opinion, sir, but we will not and will not ever afford constitutional rights or house foreign fighters captured on a foreign battlefield who have been killing men and women of the armed forces of the united states on a foreign battlefield, we're never going to house them in a prison of the united states, we're not going to give them constitutional rights. those rights are reserved to the people of the united states and to people who commit crimes within the boundaries of the united states