Alcee Hastings

Mr. HASTINGS of Florida

Mr. HASTINGS of Florida. Mr. Speaker, I would say to the chairman that my office was called earlier and I said that I would be happy to consider signing it, and they told me they would get back to me. In fact, I still have not signed it. My staff said if we saw it, we would sign it. So, Mr. Speaker, I have not signed the conference report, and I am a member of the conference committee on trade promotion authority.

Mr. HASTINGS of Florida

Mr. HASTINGS of Florida. Mr. Speaker, I yield 2\1/2\ minutes to the distinguished gentleman from Michigan (Mr. Levin), who has extensive knowledge on the subject that we are talking about. (Mr. LEVIN asked and was given permission to revise and extend his remarks.)

Mr. HASTINGS of Florida. Mr. Speaker, may I please inquire as to the amount of time remaining on each side?

Mr. HASTINGS of Florida. May I inquire if the gentleman from New York is inclined, that he have a few speakers, so that we can even out the time?

Mr. HASTINGS of Florida. We will take one more, and then, most respectfully, I will ask the gentleman to utilize some of his time. Mr. Speaker, I am privileged to yield 3 minutes to the gentleman from Massachusetts (Mr. McGovern), my good friend who serves with me on the Committee on Rules.

Mr. HASTINGS of Florida. Mr. Speaker, I am pleased to yield 2\1/2\ minutes to the distinguished gentleman from New Jersey (Mr. Pascrell).

Mr. HASTINGS of Florida. Mr. Speaker, I am very pleased to yield 2 minutes to the gentleman from New York (Mr. Rangel), my good friend, who simply has, throughout time, stood eyeball to eyeball and toe to toe with all who would argue on the subject of trade.

Mr. HASTINGS of Florida. Mr. Speaker, I am privileged to yield 2\1/2\ minutes to the gentlewoman from Ohio (Ms. Kaptur), who has very few peers in this body that have as clear an understanding of trade.

Mr. HASTINGS of Florida. Mr. Speaker, may I inquire as to the time remaining?

Mr. HASTINGS of Florida. Mr. Speaker, I am prepared to reserve the balance of our time and ask most respectfully that the gentleman from New York even out some of the time.

Mr. HASTINGS of Florida. Mr. Speaker, is the gentleman saying he does not have any more speakers other than the chairperson, or whomever will close?

Mr. HASTINGS of Florida. Mr. Speaker, I am pleased to yield 3 minutes to the distinguished gentleman from Vermont (Mr. Sanders), a very good friend of mine.

Mr. HASTINGS of Florida. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Mr. HASTINGS of Florida. Mr. Speaker, I yield 2 minutes to my good friend, the gentleman from Ohio (Mr. Brown), who has been the leader in this regard.

Mr. HASTINGS of Florida. Mr. Speaker, I am privileged to yield 1 minute to the gentleman from California (Mr. Farr), who serves on the Subcommittee on Agriculture, Rural Development, Food and Drug Administration and Related Agencies of the Committee on Appropriations from the number one agricultural State in America, California.

Mr. HASTINGS of Florida. Mr. Speaker, I am privileged to yield 2 minutes to my good friend, the gentlewoman from Texas (Ms. Jackson- Lee). (Ms. JACKSON-LEE of Texas asked and was given permission to revise and extend her remarks.)

Mr. HASTINGS of Florida. Mr. Speaker, I am very pleased to yield the remainder of our time to my good friend, the gentleman from Washington (Mr. McDermott), who serves on the Committee on Ways and Means and certainly has a clear understanding of the measure.

Mr. HASTINGS of Florida

Mr. HASTINGS of Florida. Mr. Speaker, I rise today to express my support of Federal and State funded in-home care for the elderly. This legislation essentially highlights the inadequacies seniors face when electing in-home care. By increasing financial assistance for in-home care, establishing fee payment guidelines, implementing better schooling for in-home aides, and assembling a supervisory board of care givers, we can help to ensure that the quality of care elderlies receive in home is as adequate as hospitalized attention. Mr. Speaker, this is an important resolution for two crucial reasons. First, it allows the elderly to remain independent and sustain viability during the last years of their life. Supporting studies show that seniors who receive in-home care have greater life expectancies than seniors who are moved from everything that is familiar to them and placed in nursing homes. Second, this resolution would encourage increase employment opportunities in the nursing and in-home care industries. By implementing government funded in-home care to equal that of nursing home care, more seniors will elect being nursed at home, which in turn increases job opportunities. All of which we can acheive through raising the quality of in-home care. Mr. Speaker, I urge my colleagues to support this legislation. As members of Congress we have a great opportunity to make a positive impact on this issue, an issue that is of concern to many of our grandparents, parents, and will be of concern to us. I look forward to working with my colleagues and moving this resolution foward.

Mr. HASTINGS of Florida

Mr. HASTINGS of Florida. Mr. Speaker, I rise today to honor Broward County schools on being just one of five large urban school systems nationwide whose standardized test scores equaled or exceeded their state averages according to a new study by the Council of the Great City Schools. For the state of Florida this is no small feat, for improving education of our young people is our highest priority. The study focused on 57 school districts around the country examining test results from the 2000-2001 academic year. When the Florida Comprehensive Assessment Test (FCAT) testing began five years ago, those in grades three through ten in Broward County schools placed below the state averages, but ever since they have moved well past, making exceptional gains especially amongst the youngest of the students. For a long time, other districts were being used as the examples and models for elite schools. Now Broward County can be the exemplar for a better education. Broward County has the fifth largest school system in the country, and has raised their scores at a greater rate than any other Florida school district. For example, Broward's black fourth-graders improved their score ftom the previous year by 12 percentage points on the reading part of the FCAT test. I would also like to commend Miami-Dade County schools for closing the test score gap between minority and white students more than any other district. Black and Hispanic students made the greatest gain in FCAT math scores. The overall gap between white students and black and Hispanic students is dwindling and with renewed effort and determination, it is only a matter of time when all of our kids will be enhancing their scores equally. Mr. Speaker, I must say I am extremely pleased with the academic achievements Broward County and Miami-Dade counties have made. Their students are receiving better educations and a renewed sense of committment for a higher education. For that, we shall all be better off. Again, I congratulate the students and educators of Broward and Miami-Dade county.

Mr. HASTINGS of Florida

Mr. HASTINGS of Florida. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I thank my good friend from Connecticut. I would urge to him that what he says is no doubt correct; but I know that if we pass this amendment, we will know. Mr. Chairman, I yield back the balance of my time.

Mr. HASTINGS of Florida. Mr. Chairman, I yield myself such time as I may consume. I would like to preface my remarks by thanking the majority leader and the minority whip and all of our colleagues who serve on the Select Committee on Homeland Security. In my judgment, they have done an outstanding job, notwithstanding the time constraints and other obstacles that they have been confronted with. I guess there is some comfort as a Member of this body in knowing that future legislation obviously will assist in refining the product that we will conclude with on tomorrow, and I also know that it is comforting to send a message around the world that this body is capable of responding to all challenges. Mr. Chairman, I rise to introduce an amendment which adds a new section to title VII to H.R. 5005. The additional language in title VII directs the Secretary to comply with the laws protecting equal employment opportunity and providing whistleblower protections. It further states that nothing in the act shall be construed as exempting the Department from the requirements that are applicable to all other executive agencies. Mr. Chairman, we have heard Governor Ridge and the gentleman from Texas (Mr. Armey), our majority leader, along with various members of the administration assure us that all equal employment opportunity laws and whistleblower protections will be applicable to the new Secretary. This amendment simply puts those assurances, curiously absent from the bill at this point, in writing. I will point out that every agency in the Federal Government must comply with equal employment opportunity and whistleblower protection laws. This includes the Departments of Army, Navy and Air Force and CIA and NSA, just to name a few. Not one Secretary or director from these Departments and agencies, all actively engaged in national security, has ever come to Congress seeking exemption from these laws. I am puzzled by the exemptions the administration is seeking for the new Department. On May 15, 2002, the President signed PL 107-174, the No Fear Act, into law. It prohibits Federal agencies from retaliating against a claimant who has won a judgment relating to discrimination or whistleblower laws. That law, which the House passed, and I might add the vote was 412 to 0, further strengthened the EEO and whistleblower protections. On the other hand, this latest legislation sets even higher standards of ethics and accountability for the Federal Government, while, on the other hand, the administration is seeking exemption from these standards for the new Secretary and the new Department of Homeland Security. There is much to be lost and little to be gained by creating laws and then granting exceptions so that those laws do not apply equally to all. Mr. Chairman, there is nothing partisan or even controversial about this amendment. It ensures that the protections guaranteed to all Federal employees apply to employees of the new Department as well. I urge my colleagues on both sides of the aisle to support this amendment. Once again, I thank the gentleman from Texas (Mr. Armey) and the gentlewoman from California (Ms. Pelosi) for the fine work that they have done on behalf of all of us, as well as the colleagues who have joined with them. Mr. Chairman, I reserve the balance of my time.

Mr. HASTINGS of Florida. Mr. Chairman, I offer an amendment.

Mr. HASTINGS of Florida

Mr. HASTINGS of Florida. Mr. Speaker, I rise today to offer my heartfelt congratulations to my home of Broward County for winning a total of 11 awards in the National Association of Counties's 2002 Achievement Awards Program. The awards represent the very best in innovative county government programs that improve the implementation and enhancement of efficient service to promote responsible and reliable county government. For Broward County and the state of Florida this is an incredible accomplishment, for it shows that local government can make significant strides to improve its effectiveness. I am proud to recognize the many hard working county employees for providing individuals the programs and services they need to be active and productive members of our community. Mr. Speaker, I want to briefly highlight 3 of the 11 award winning programs. First, let me identify the Environmental Benchmarks Program which was set up to evaluate the state of natural resources in Broward County. The Departments of Planning and Environmental Protection, have created a system of performance measures to gauge the pressures facing natural resources in the county. The program is part of the Broward County Commission's New Visions goal to develop a comprehensive policy to help protect the local environment. Another noteworthy NACo award winning program was the Integrated Services for Older Adults with Substance Abuse Issues program. For elderly patients with substance abuse problems, the county provides an array of services including prevention, treatment and outpatient services. And finally, let me cite the Employee Computer Literacy Access Program, which has helped employees purchase computers for home use through County surplus sales. The County also provides computer training to help employees gain more skills for job enhancement. Broward County has also created programs that deal with the stimulation of tourism. The county has also provided a Cultural Information Center, so visitors can get quick and easy information about events in the community. The Broward County Government has been a beacon to the rest of the country that government truly is most effective at the local level. I once again proudly offer my congratulations to Broward County for their 11 NACo awards. They indeed deserve them.

Mr. HASTINGS of Florida

Mr. HASTINGS of Florida. Mr. Speaker, I thank the ranking member, the gentleman from Texas (Mr. Frost), for yielding me this time. Mr. Speaker, I rise in lukewarm support of this rule. Even though over 100 amendments were submitted to the Committee on Rules, only 26, barely one-fourth of them, will be considered under this rule. I find this disturbing in light of the fact that a great many of the recommendations submitted by our subject matter experts were not included in the chairman's substitute. I am speaking about the subject matter experts on the Committees on Government Reform, International Relations, Appropriations, Armed Services, Energy and Commerce, Financial Services, the Judiciary, Science, Transportation and Infrastructure, and Ways and Means. Now, I am proud of the fact that there was an opportunity to come together on this matter and to make it bipartisan. But an open rule would have ensured that the knowledge of these persons and their expertise were given due consideration by this body. Some of the topics we will not be debating because of this rule include an amendment prohibiting the Department from entering into contracts with companies who incorporate outside the United States to avoid paying taxes; an amendment urging States to cooperatively develop uniform standards for State driver's licenses; and, finally, one of my amendments, which would have stricken language that grants the Secretary the unprecedented authority to prohibit the Inspector General from investigating fraud and abuse within the Department. The rationale for this authority is that such investigations might compromise our national security. The Inspector General Act of 1978 applies to every major department in the executive branch, including the CIA and the military departments. To date, no one from these departments and agencies has come forward saying that the autonomy of the Inspector General constitutes a threat to national security. It is ludicrous to me that the Secretary of the new Department would be exempt from laws that all other Secretaries and directors must comply with. Regrettably, under this rule, we will not have the opportunity to debate these matters. It should be obvious, when looking at the number and diversity of the amendments submitted, that this bill, as written, quite frankly, is not ready for prime time. If ever there was legislation that demanded an open rule, this is it. There is no stronger evidence of that than the fact that the chairman of the Select Committee himself has submitted three en bloc amendments to his own amendment. Mr. Speaker, in closing, let me say that this is the most important legislation of the 107th Congress to date. We are reorganizing the Federal Government and creating a new Department. We have never, to my recollection, undertaken such a daunting piece of legislation hampered by the restrictions this rule places on us. The American people are counting on us to create a Department that will do three things: Prevent terrorist attacks, reduce our vulnerability, and minimize the damage from attacks that do occur. It is not good for our constituents or our colleagues on the committees of jurisdiction to limit the number of amendments made in order.

Mr. HASTINGS of Florida

Mr. HASTINGS of Florida. Mr. Chairman, I thank my good friend and colleague from Washington and the Speaker for seeing to it that this debate itself is carried on in a manner consistent with all of our thoughts. Everybody has made major contributions and has had something here to say, and our feelings and passions run high. What I was saying is that the Kernell Commission became the seminal report for all in America and is still looked to as the most definitive matter that has undergone a survey of race in America. That said, what have we from Watergate from our inside baseball select committee still puzzled by what transpired? I do not even have to begin to tell my colleagues the conspiracy theories that have been spawned by virtue of yet another of those inside groups of people who made a determination. Now, I do not think we have anything to hide, and I do not think we should try to hide anything, and none of us are going to do that. None of the Members of the committee that is presently working for the House and the Senate are going to do anything other than the best that they can. These are the finest Americans that anybody could possibly expect that will look at this matter. But I can assure my colleagues that when they finish, they will not have made a determination that an independent commission of people could make, and it will not allow for the kind of credibility that all of us deserve in this country. What happened to us is mind-numbing. It boggles the mind, as the gentleman from California (Mr. Lantos) is fond of saying, and all of us are stunned by what transpired. We need to get beyond ourselves, and the only way to do that is to allow some other people who have an approach to this situation that may not be one that is politically motivated in some respects, yet out of the conviction of our beliefs, we think that we will have done all that is necessary. We will do something, and the American public will still have questions. Let us give them more input than just those of us who represent them. I urge this body to help us learn how we can identify and fix the problems that all of us know have been created by virtue of this awful tragedy.