Lincoln Diaz-Balart

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, I reserve the balance of my time.

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, to conclude before offering an amendment to the resolution, I would simply state that this is a fair rule, as I stated before, and it is a very important bill. The underlying legislation is critically important. I beg to disagree with the gentleman from Maryland who I believe did not state the facts correctly with regard to the legislation before us. The President currently has waiverability that he is getting in this legislation for this very important new department in other departments, and that power has been used very judiciously and wisely in the past and has not been abused. I think that it is fair that the President in something as important as the security of the homeland and this new department have the power he has already with regard to other departments, and that is what we are giving the President in this legislation. I would simply urge my colleagues to support the legislation. Amendment In The Nature of a Substitute Offered by Mr. Diaz-Balart Mr. Speaker, I offer an amendment to the resolution.

Mr. DIAZ-BALART. Mr. Speaker, the amendment corrects language currently in the bill which is inconsistent with the 1971 Alaska Native Claims Settlement Act. The amendment maintains the status quo and ensures the future recognition of current Indian Tribes, tribal organizations, Alaskan Native Villages and Alaska Native Regional Corporations. Mr. Speaker, we are very cognizant of the historic nature of the legislation before us today. Mr. Speaker, I yield back the balance of my time, and I move the previous question on the amendment and on the resolution. The previous question was ordered.

Mr. DIAZ-BALART. Mr. Speaker, I reserve the balance of my time.

Mr. DIAZ-BALART. Mr. Speaker, this underlying legislation does not cut back on workers' rights. Mr. Speaker, I yield 3 minutes to the gentleman from Ohio (Mr. Portman), a distinguished Member of this House who has been a pillar in the construction of this historic legislation.

Mr. DIAZ-BALART. Mr. Speaker, I yield 3 minutes to the gentleman from Florida (Mr. Goss), the distinguished chairman of the Permanent Select Committee on Intelligence, an extraordinary Member, and an expert in the field of national security. (Mr. GOSS asked and was given permission to revise and extend his remarks.)

Mr. DIAZ-BALART. Mr. Speaker, House Resolution 600 is a closed rule allowing for the immediate consideration of the Homeland Security Act of 2002. The rule provides for 1 hour of debate, equally divided and controlled by the chairman and ranking minority member of the Select Committee on Homeland Security. The rule further provides the minority the opportunity to offer a motion to recommit. Mr. Speaker, this Chamber first acted in July to make the President's goal of a Department of Homeland Security a reality. However, we were not able to send a bill to the President's desk because the other body failed to act. After months of inaction and gridlock, President Bush has been instrumental in forging a compromise between Democrats and Republicans in order to pass legislation for the creation of the Department of Homeland Security as soon as possible. I am pleased and honored by the opportunity to take to the House floor today this historic legislation to create the Department of Homeland Security. The security of the American people is the primary function of the Government of the United States. The creation of this new Department to coordinate all security activities on behalf of the American people is of the utmost importance. It has been a high priority for President Bush, and I am pleased to bring it to the floor of the House of Representatives. Since September 11, 2001, we have been working to rebuild our Nation, not only our bridges and our buildings, rather, but our sense of security. The American people have waited too long for this critical piece of legislation, legislation that is designed to protect all Americans. This rule provides a second opportunity for consideration of this important measure. The underlying legislation will create a new Federal Department, bringing together for the first time entities that were designed to protect the homeland of the United States. This new Department will ensure coordination among all of the agencies under its charge, as well as any Department that retains functions that could affect the homeland security. The legislation will help to protect our borders by moving the Coast Guard, Customs Service, and Immigration and Naturalization Service into the Department of Homeland Security. While the Department of State will retain responsibility for issuing visas, the legislation tasks the Department of Homeland Security to develop rules for entry into the United States in order to ensure the best security practices possible. This historic legislation intensifies our effort to ensure that our Nation's first responders have the resources that they need to address all threats. This includes coordination with the Federal Emergency Management Agency, the Secret Service, and many other agencies, as well as the private sector. Additionally, this legislation promotes and expands upon our efforts in research, development, and technology in homeland security. I think, Mr. Speaker, it is also important to let the American people know that while we are working to protect our homeland, we are also working to protect the freedom that every American enjoys. Specific legal protections in this legislation are meant to ensure that our freedom is not undermined. It includes the creation of a privacy officer and a civil rights and civil liberties officer. These very important officials will work as close advisers to the Secretary to ensure that our privacy, civil rights, and liberties are protected. As a strong advocate of workers' rights, I am very pleased to see that a compromise has been reached on collective bargaining issues. The language creates a process by which employees and employees union representatives will consult with the Department in creating the new personnel system. The bill maintains essential employee protections while providing the President the flexibility he needs to ensure the safety of the American people. I think, Mr. Speaker, that it is an unfortunate reality that we may very well face future attacks within our borders or abroad; but with the creation of this new Department, the American people can rest assured that the Federal Government is doing everything possible to thwart future terrorist attacks. I would like to thank the Select Committee on Homeland Security for their commitment and their dedication, as well as all the chairmen of the committees of jurisdiction for coming together to craft this vital legislation. This is a fair rule that will allow consideration of critical legislation, legislation that is long overdue. I ask my colleagues to support both the rule and the underlying legislation. Mr. Speaker, I reserve the balance of my time.

Mr. DIAZ-BALART. Mr. Speaker, for purposes of debate only, I yield the customary 30 minutes to the gentlewoman from New York (Ms. Slaughter), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only. (Mr. DIAZ-BALART asked and was given permission to revise and extend his remarks.)

Mr. DIAZ-BALART. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 600 and ask for its immediate consideration.

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, I move that the House do now adjourn.

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, I rise today to honor the lives of America's fallen heros. This past weekend, Washington, D.C. was the host of this year's National Fallen Firefighters Memorial Ceremony. Following the attacks of September 11, 200 1, this year's ceremony held a higher importance as it honored the 343 brave men and women firefighters who died in the terrorist attacks over a year ago. The courage shown by these firefighters embodies the values that we as a society find all to often in our heroes. While these men and women will always be remembered, we must not forget the many other American firefighters who died in the line of duty over the past year. One such person is Linda Hernandez, a Miami-Dade County firefighter who died September 18, 2001. While attending the firefighting college in Miami, she strived to excel in her duties. While she impressed the other trainees and instructors, Mrs. Hernandez earned the respect of her colleagues when she routinely helped other women through the rigorous physical and mental tests. Mary Giles, a friend of Linda's and a fellow Miami firefighter summed her feelings in the following words. ``There were times when we wanted to throw in the towel. But Linda was always there for us. And we became determined that nothing would beat us.'' Ms. Hernandez's life was tragically cut short, just one week after the horrible terrorist attacks on America. Her health problem began on March 28, 1999. In her capacity as a Miami-Dade County firefighter, Mrs. Hernandez had become an expert using the K-12, which is a special saw used to ventilate buildings during a fire. On March 28, 1999, she was using the machinery she had used so many times before when she was enveloped in smoke and left without the use of her oxygen tank. That day she was treated for smoke inhalation and lung damage and given medication to combat the damage. Unfortunately, the medication had the opposite effect, destroying her liver, and necessitating a transplant in June of 2000. However, after a year, her body rejected the transplant and sadly Mrs. Hernandez died of her illness. Mr. Speaker, Mrs. Hernandez is one of 446 brave firefighters who died while protecting our families and communities this past year. While we have had time since September 11, 2001 to realize the importance of public servants and the outstanding jobs they often perform, we sometimes forget that these men and women risk their lives every day to make sure we are safe. Mrs. Hernandez left behind her husband, Miami- Dade police Sergeant Paul Hernandez, and four children. While we join to mourn their loss, we must rejoice in the positive impact that Miami- Dade firefighter Linda Hernandez had on the Miami-Dade community.

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, today I commend a young woman from my District, Nivedita Bhat. At only 14 years old, Nivedita has risen to the highest level of scientific academic achievement for middle-school students. Nivedita Bhat is one of only 40 students selected from 400 semifinalists from grades 5-8 throughout the United States to compete in the nation's premier science contest: The Discovery Channel Young Scientist Challenge national competition. She has shown excellence as one of America's top middle-school students in demonstrating leadership, team work and problem solving skills. As one of the finalists, Nivedita Bhat will join her fellow academic achievers on a trip to the nation's capital to compete for a scholarship and the title of ``America's Top Young Scientist of the year.'' Nivedita's winning project, entitled Toxins and Environmental Justice. Are We at Risk?, is a testimony to this young woman's impressive ability. Most compelling, is the attention she has brought to environmental injustice occurring in Miami-Dade County. Using a high-level technological tool that assembles and displays information relative to spatial locations, Nivedita showed several public schools were within a one-mile radius of a Toxic Release Inventory facility and face potential health risks. Nivedita also concluded that low-income populations were more likely to live near these facilities. Nivedita credits her father as her science hero; ``He is always interested in science and is the one who nurtured my love for science.'' She wants to become a scientist, ``because furthering and researching science makes the most impact not only on the current generation, but on future ones as well.'' Mr. Speaker, given the renewed commitment President Bush and Congress have made to the education of our youth, it is clear that positive role models are more important now than ever. Through her commitment to her education and community Nivedita embodies the socially conscious values we as a nation applaud in our young people, and she serves as an excellent example to her fellow students in Miami-Dade. I know that Miami-Dade is very lucky to have Nivedita Bhat as part of our community and I join with the students, faculty, and community in congratulating her on this achievement.

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, investing in a sound education is one of the most important things that we can do to give a child the tools to get ahead in life. I am proud to have been an original cosponsor of H. Res. 561 Recognizing the Contributions of Hispanic-Serving Institutions. These institutions of higher learning are an integral part of America's commitment to quality education for all Americans. South Florida students, in particular, have benefitted from the academic excellence ``Hispanic-serving institutions'' (HSI) strive to provide to their students. We are talking about schools, in which student enrollment must is at least 25 percent Hispanic, with at least 50 percent of these Hispanic students from low-income families. While comprising only 5 percent of all institutions of postsecondary education, Hispanic-serving institutions enroll 49 percent of Hispanic- American students. These institutions have devoted themselves to ensure that these underrepresented students receive the same opportunities and quality of learning as their peers who come from higher socio-economic backgrounds, and for that these schools deserve every praise. Most recently, on September 3, 2002, the U.S. Department of Education awarded two grants totaling more than $3 million to Florida International University (FIU) for programs to expand the University's capacity to serve Hispanic and low-income students and provide pre- collegiate opportunities for students from disadvantaged backgrounds. I am proud that FIU is a part of the South Florida community. It has proven through its long and distinguished history as an HSI, that administering programs effectively addressing the educational needs of underrepresented and underserved students, leads to these students becoming positive contributors to our society. There is an ever-growing number of post-secondary institutions that are striving to serve our nation's Latino population. Throughout the nation more and more institutions of higher education are reaching out to and enrolling an increasing proportion of Spanish-speaking students. According to the U.S. Department of Education, the enrollment of Hispanic American students in college is growing twice as quickly as college enrollments in general. Many of these students are learning English as a second language, and come from families where Spanish is primarily spoken. These institutions provide a comfortable and nurturing setting in which to acclimate primarily Spanish-speaking students with their English-speaking peers. Therein, all students from various backgrounds can further develop their academic skills. I commend HSIs for the opportunities they provide to Hispanic students and also to low-income students. I also commend their graduate and professional programs which are designed to improve and expand graduate and professional opportunities for Hispanic students and other students. Today's students are our country's future and, therefore, our investment in a sound educational system is crucial.

Mr. DIAZ-BALART

Mr. DIAZ-BALART. I thank the chairman for yielding me time. Mr. Speaker, we can engage in no more important task than this, debating whether to authorize the use of the Armed Forces of the United States. This task is difficult, but the issue before us is fundamentally clear. After it was expelled from Kuwait in 1991, Iraq agreed to end its production forever of weapons of mass destruction. Despite that requirement set forth by the international community by means of U.N. Security Council Resolution 687, Iraq has at this time a usable chemical and biological weapons capability, which has included recent production of chemical and biological agents. As recently declassified intelligence reports have made clear, Iraq can deliver chemical and biological agents using an extensive rage of artillery shells, free-fall bombs, sprayers and ballistic missiles. Iraq continues to work on developing nuclear weapons, in breach of its obligations under the nonproliferation treaty and in breach of U.N. Security Council Resolution 687. Uranium has been sought by Iraq that has no civil nuclear application in that country. Iraq's military forces are able to use chemical and biological weapons with command, control, and logistical arrangements in place. The Iraqi military is able to deploy these mobile units within 45 minutes of a decision to do so. Iraq has learned lessons from previous U.N. weapons inspections and is already taking steps to conceal and disperse sensitive equipment and documentation in advance of the possible return of inspectors. Despite having lost the war in 1991 and despite being required by the U.N. to eliminate his weapons of mass destruction and to acquiesce to free and open inspections by the U.N. to verify his compliance with the world community's requirements that he not possess those weapons, Saddam expelled the U.N. weapons inspectors in 1998. What seems inconceivable to me is that we did not have this debate in this forum 4 years ago. But in reality, only the Commander in Chief can really lead in the field of national security. Some say we should wait until we find a smoking gun with regard to nuclear weapons. As my friend, the gentleman from Illinois (Mr. Hyde), said last night in the Committee on Rules, that smoking gun would be a smoking city, and having to mourn 3 million innocent civilians instead of 3,000. Regime change in Iraq is a strategic necessity. It cannot be postponed because time is not on the side of the United States and the international community. The world community should have removed Saddam from power when he expelled the U.N. weapons inspectors 4 years ago. Saddam must be removed before he has a single nuclear bomb and before he has the means to deliver his other weapons of mass destruction on a large scale. The long-term cost in blood and tears of allowing Saddam to strengthen his position would be much higher than the cost of any action to remove him now.

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Madam Speaker, I yield such time as he may consume to the gentleman from California (Mr. Dreier), the distinguished chairman of the Committee on Rules.

Mr. DIAZ-BALART. Madam Speaker, I yield back the balance of my time, and I move the previous question on the resolution.

Mr. DIAZ-BALART. Madam Speaker, I want to reiterate my support, strong support for this rule and the underlying legislation. It is very important underlying legislation. It has been over 20 years since we have in effect authorized the needed expenditures of the Department of Justice, and so I urge, again, support for the rule and the underlying measure.

Mr. DIAZ-BALART. Madam Speaker, I yield 3 minutes to my good friend, the gentleman from Pennsylvania (Mr. Greenwood).

Mr. DIAZ-BALART. Madam Speaker, House Resolution 552 is a standard rule waiving all points of order against the conference report to accompany H.R. 2215, the 21st Century Department of Justice Appropriations Authorization Act and against its consideration. It has been over 20 years since Congress last authorized appropriations for the Department of Justice. This conference report that we are preparing to consider takes the long overdue step of putting our mark on the vital justice programs and funding levels that we have addressed solely through appropriations, since the 96th Congress. This conference report is a product of a careful deliberative bipartisan process. Every member of the conference committee, Republican and Democrat, House and Senate, has signed the conference report. I believe that all of the conferees, especially the gentleman from Wisconsin (Mr. Sensenbrenner), the chairman, and the gentleman from Michigan (Mr. Conyers), the ranking member, should be commended for their work. The conference report establishes fundamental and budgetary administrative authorities that simplify, harmonize, and clarify over 2 decades of statutory authorities. Few times in our national history has it been so important that we update and provide direction to the Department of Justice. The conference report helps the Department of Justice to adjust to the new century and the new challenges facing America. As President Bush has noted, ``We are today a Nation at risk to a new and changing threat.'' The Department of Justice has played and obviously will continue to play a very important, a pivotal role, in securing our Nation against the possibility of terrorist attacks. Importantly, the conference report also reasserts congressional oversight of the Department. The administration has gone to extraordinary lengths to secure the Nation, while respecting the free and open society which we are privileged to live in. Nevertheless, Congress is designed to serve as a check on the actions of the executive branch, to oversee the executive branch, that is obviously as fundamental a role for Congress as is legislating; and this conference report reaffirms our oversight responsibility. This conference report is not by any means limited to the streamlining and strengthening of the Department of Justice's law enforcement responsibility or congressional oversight of its actions. The conference report provides 94 additional U.S. Attorneys to work with State and local law enforcement to enforce existing Federal laws, firearms laws, for example, especially in and around schools. The conference report also provides eight new permanent Federal judgeships in the State of Florida. Also in my State and that of the gentleman from Florida (Mr. Hastings), it creates a new temporary Federal District Court judgeship for the Southern District to ease the extraordinary burden on our Federal courts. The conference report provides an increase in funds for the Boys and Girls Club, which will allow them to increase outreach efforts and increase membership throughout the Nation. I think it is also worth a commendation that the conference report establishes a permanent, separate, and independent Violence Against Women Office in the Department of Justice. The office will be headed by a director who reports directly to the Attorney General and has final authority over all grants and cooperative agreements and contracts awarded by the office. The conference report contains important provisions regarding drug abuse prevention and treatment, safeguarding the integrity of the criminal justice system, and providing for the enactment of juvenile justice and delinquency prevention legislation. Madam Speaker, the conference report before us I believe is an extremely important piece of bipartisan legislation that will serve the Nation in innumerable ways. The conference report, and I believe the rule, obviously, providing for its consideration, deserve our support. Accordingly, I urge all of my colleagues to support this rule and this very important underlying legislation. Madam Speaker, I reserve the balance of my time.

Mr. DIAZ-BALART. Madam Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Florida (Mr. Hastings), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only. (Mr. DIAZ-BALART asked and was given permission to revise and extend his remarks.)

Mr. DIAZ-BALART. Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 552 and ask for its immediate consideration.

Mr. DIAZ-BALART

Mr. DIAZ-BALART. Mr. Speaker, I yield 3 minutes to the gentleman from Illinois (Mr. LaHood).

Mr. DIAZ-BALART. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 545 and ask for its immediate consideration.

Mr. DIAZ-BALART. Mr. Speaker, I yield myself such time as I may consume. I again would like to thank Chairman Hyde and Ranking Member Lantos for leading the Committee on International Relations to a very, not only successful but I think admirable and commendable result in this legislation. This is, as I stated before, very important legislation. By virtue of the fact that it is in effect consensus legislation in that it is supported in a bipartisan way by an overwhelming majority obviously of the committee, but also I am sure later by the House, it does not I think in any way minimize the importance and really the brilliance of the result. This country, the Nation, the United States of America, has not only a role in leadership, a leadership role in the world but constantly has to be developing ways to implement that leadership on behalf of protection of democracies and the spreading of the values of freedom. This legislation goes a long way in once again doing that, and so it is legislation that I strongly support and urge my colleagues to as well. I think that if there is a chairman and ranking member whom I certainly look at and admire for their clarity and their leadership and their vision, it is the chairman and the ranking member of the Committee on International Relations. I would like to reiterate not only my thanks but my admiration for both of them. This is another example of why I think we all thank them and admire them. The issue was brought out of the fact that this legislation, for example, supports broadcasting to the oppressed people of Cuba, and it does and I am very proud of that. Despite the fact of the opposition of some folks such as the gentleman who expressed opposition once again to broadcasting to the oppressed people of Cuba, the overwhelming majority on a bipartisan basis of this Congress has supported and has continued and continues to support that broadcasting and the efforts to offer news and information as well as assistance to that people only 90 miles from our shores that have been suffering for over 40 years oppression. Again, if there is a leadership of a committee that I think demonstrates on a bipartisan basis in terms of the chairman and the ranking member clarity and lack of confusion with regard to dictators and tyranny and oppression, it is the leadership again of Chairman Hyde and Ranking Member Lantos. I think this is legislation that we can all be proud of, Mr. Speaker. Again, I strongly support it and the rule, which is eminently fair and permits obviously all Members to express any points of view that they may have on this legislation. Mr. Speaker, I urge support for the rule and the underlying legislation. Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution. The previous question was ordered.

Mr. DIAZ-BALART. Mr. Speaker, I yield such time as he may consume to the gentleman from California (Mr. Dreier). (Mr. DREIER asked and was given permission to revise and extend his remarks.)