mr. chairman , i yield myself such time as i may consume . 
mr. chairman , in december , the president signed into law legislation intended to respond to the recommendations of the 9/11 commission . 
unfortunately , the legislation that was enacted failed to include several key provisions critical to addressing vulnerabilities found in both the 9/11 commission report and of the 9/11 staff report on terrorist travel . 
to that end , on january 26th of this year , i introduced h.r. 418 , the real id act . 
the bill , which now has 139 cosponsors , encompasses four of the most important border and document security provisions that the house overwhelmingly approved as a part of h.r. 10 last year . 
the goal of the real id act is straightforward . 
it seeks to prevent another 9/11-type terrorist attack by disrupting terrorist travel . 
the 9/11 commission terrorist travel report stated that `` abuse of the immigration system and the lack of interior enforcement were unwittingly working together to support terrorist activities. '' the report further states that `` members of al qaeda clearly valued freedom of movement as critical to their ability to plan and carry out the attacks prior to september 11th. '' finally , the report observed , `` if terrorist travel options are reduced , they may be forced to rely on means of interaction which can be more easily monitored and to resort to travel documents that are more easily detectable. '' the real id act contains four provisions aimed at disrupting terrorist travel . 
first , the legislation does not , does not , try to set states ' policy for those who may or may not drive a car , but it does address the use of a driver 's license as a form of identification to a federal official such as an airport screener at a domestic airport . 
american citizens have the right to know who is in their country , that the people are who they say they are , and that the name on the driver 's license is the real holder 's name , not some alias . 
second , this legislation will tighten our asylum system , which has been abused by terrorists . 
the 9/11 commission staff report on terrorist travel states that `` once the terrorists had entered the united states , their next challenge was to find a way to remain here. '' their primary method was immigration fraud . 
irresponsible judges have made asylum laws vulnerable to fraud and abuse . 
we will end judge-imposed presumptions that benefit suspected terrorists in order to stop providing a safe haven to some of the worst people on earth . 
the real id act will reduce the opportunity for immigration fraud so that we can protect honest asylum seekers and stop rewarding the terrorists and criminals who falsely claim persecution . 
liberal activist judges in the ninth circuit have been overturning clearly established precedent and are preventing immigration judges from denying bogus asylum applications by aliens who are clearly lying . 
if criminal juries can sentence a defendant to life imprisonment or execution based on adverse credibility determinations , certainly an immigration judge can deny an alien asylum on this basis . 
it is one of the foundations of our system of jurisprudence that juries and trial judges should be able to decide cases on the basis of credibility or lack of credibility of witnesses . 
this bill will again allow immigration judges to deny asylum claims based on the lack of credibility . 
the bill also overturns an even more disturbing ninth circuit precedent that has made it easier for terrorists to receive asylum . 
the circuit has actually held that an alien can receive asylum on the basis that his or her government believes that the alien is a terrorist . 
third , the real id act will waive federal laws to the extent necessary to complete gaps in the san diego border security fence which is still stymied 8 years after congressional authorization . 
neither the public safety nor the environment are benefiting from the current stalemate . 
finally , the real id act contains a common-sense provision that helps protect americans from terrorists who have infiltrated the united states . 
currently , certain terrorism-related grounds of inadmissibility to our country are not also grounds for deportation of aliens already here . 
the real id act makes aliens deportable from the united states for terrorism-related offenses to the same extent they would be inadmissible to the united states to begin with . 
the act provides that any alien who knowingly provides funds or other material support to a terrorist organization will be subject to immigration consequences . 
the real id act will make america a safer place . 
it is even endorsed by the 9/11 families for a secure america , an association of family members of 9/11 victims . 
i urge my colleagues to support this bill . 
house of representatives , committee on the judiciary , washington , dc , february 9 , 2005 . 
dear chairman barton : thank you for your letter , dated february 8 , 2005 , regarding h.r. 418 , the `` real id act. '' as you noted , some of the provisions of the bill contained in section 102 fall within the rule x jurisdiction of the committee on energy and commerce . 
i appreciate your willingness to forgo consideration of the bill , and i acknowledge that by agreeing to waive its consideration of the bill , the committee on energy and commerce does not waive its jurisdiction over these provisions . 
pursuant to your request , i will include a copy of your letter and this response in the congressional record during consideration of h.r. 418 on the house floor . 
sincerely , f . 
james sensenbrenner , jr. , house of representatives , committee on energy and commerce , washington , dc , february 8 , 2005 . 
dear chairman sensenbrenner : i understand that you will shortly bring h.r. 418 , the real id act of 2005 , to the house floor . 
this legislation contains provisions that fall within the jurisdiction of the committee on energy and commerce . 
section 102 of the bill provides the secretary of homeland security with the authority to waive applicable environmental law , such as the resource conservation and recovery act ( rcra ) and the comprehensive environmental response , compensation , and liability act cercla , for the purpose of building roads and barriers . 
as you know , rule x of the rules of the house of representatives gives the committee on energy and commerce jurisdiction over these statutes . 
i recognize your desire to bring this legislation before the house in an expeditious manner . 
accordingly , i will not exercise my committee 's right to a referral . 
by agreeing to waive its consideration of the bill , however , the energy and commerce committee does not waive its jurisdiction over h.r. 418 . 
in addition , the energy and commerce committee reserves its right to seek conferees on any provisions of the bill that are within its jurisdiction during any house-senate conference that may be convened on this or similar legislation . 
i ask for your commitment to support any request by the energy and commerce committee for conferees on h.r. 418 or similar legislation . 
i request that you include this letter in the congressional record during consideration of h.r. 418 . 
thank you for your attention to these matters . 
sincerely , joe barton , mr. chairman , i reserve the balance of my time . 
