Departments Of Commerce, Justice, And State, The Judiciary, And Related Agencies Appropriations Act, 2005
Mr. Chairman, I move to strike the requisite number of words. As I understand this amendment, this brings us into an area that we have discussed before, and it is this whole issue of local law enforcement involved in immigration…
Mr. Chairman, I move to strike the requisite number of words.
As I understand this amendment, this brings us into an area that we have discussed before, and it is this whole issue of local law enforcement involved in immigration activities.
This is interesting. When we took this up before on different occasions, we were able through this amendment to unite law enforcement throughout the Nation because local police departments continue to tell us that it is in their best interest not to appear to the immigrant population to be involved in enforcing immigration law. In other words, what the police departments at a local level want more than anything else is to be able to speak to residents of that community, be they citizens, legal residents, or undocumented aliens, needing their information, needing their support, in dealing with crime in the community.
There are many things that are wrong with this amendment. But the one that I single out is that one because what that does is immediately create a wall between local law enforcement and the immigrant community, saying if I go to him to tell him I know who stole that car, if I go to him to tell him I know who robbed the local grocery store, I am then being faced by a local official who has to by law, in these cases, if these amendments are approved, has to turn me in on my immigration status. And that is totally unacceptable.
So if anything else, I would hope that we fully understand that this does not enjoy the support of local law enforcement and should not be a burden. It is, in fact, and I cannot believe I am actually going to say this in one of my conservative moments, it is, in fact, an unfunded mandate because we are telling them to engage in activities that we are not paying for.
For that reason, I rise in strong opposition and hope the amendment is defeated.
Mr. Chairman, I move to strike the last word.
Mr. Chairman, I would like to engage the chairman in a colloquy on a proposal by the Equal Employment Opportunity Commission to establish a national contact center. Hopefully, we can address the concerns of those Members who have expressed misgivings about this proposal.
Recently, we observed the 40th anniversary of the enactment of the Civil Rights Act of 1964. In the years since the enactment of that landmark legislation, the EEOC has had a pivotal role in fighting discrimination in the workplace and ensuring that all Americans are treated fairly. However, despite the important role of the EEOC, it has experienced the same budget constraints as most other agencies in this bill.
The EEOC sought the assistance of the National Academy of Public Administration in finding ways to streamline its organizational structure and use its personnel to continue meeting its missions in the 21st century.
Among the NAPA recommendations was a proposal to create a National Contact Center using contract employees. The EEOC has proposed to enter into a contract to establish a call center as a 2-year pilot project at an estimated cost of $2 million. Of this amount, $1 million is available through a reprogramming of current-year funding. This bill will provide $1 million in fiscal year 2005.
NAPA made a number of additional streamlining proposals, including possible office closures, which might result in personnel reductions. Although the administration requested funding for a reposition of EEOC resources, the bill does not provide any of the requested increased funding for repositioning because a spending plan has not been submitted to the committee.
Many EEOC employees across the country have heard of these proposals and are worried about losing their jobs as a result of office closures or outsourcing of the call center.
The commission's reorganization proposals, including specifically the National Contact Center, were discussed in detail at a subcommittee hearing earlier this year. At that time, both the gentleman from Virginia (Chairman Wolf) and I expressed concerns about the possible cause of this proposal. Accordingly, we advised the Chair, Cari Dominguez, that the subcommittee expected her to come back to us prior to entry into a contract to establish the call center. Ms. Dominguez made a commitment to us that she would do so. Both the Chair and her staff have continued to reiterate that commitment.
Similarly, Ms. Dominguez has repeatedly reassured the subcommittee that EEOC is not planning to close any of its existing offices or cut jobs or current employees. This bill provides full funding for the commission's current base staffing level.
So I ask the chairman of the subcommittee, is it his understanding that expenditure of any funding in 2005 for the proposed National Contact Center is contingent on the EEOC notifying this subcommittee, consistent with the long-standing requirement of section 605, prior to taking any formal action to obligate the funding?
I yield to the gentleman from Virginia.
Mr. Chairman, reclaiming my time, I thank the chairman, as always, for his support.
Mr. Chairman, I move to strike the last word.
First of all, let me go on the record, as I have before and will today and will tomorrow, and say that given an opportunity to have more dollars available to us, the gentleman from Virginia (Mr. Wolf) and I would have done more to provide for the COPS program. I know that. That is not a statement on my part; that is an understanding of his philosophy and what he believes in.
However, in spite of that problem, in spite of the fact that we do not have the dollars in this bill that we want to, because everyone could get up here and tell us what section of the bill should be increased and just about every section, except for a couple that I will mention in a second, could be increased.
In spite of that, it is interesting to know that local law enforcement is $885 million above the President's request in this bill. So there has been a serious effort to deal with this issue.
But here is my problem. My problem is that my colleague from New York (Mr. Weiner), whom I respect and admire, tells us that we can take the money from the census and he, in the process, will devastate not only the Census Bureau but the ability to conduct a census.
If I was to carry this to an extreme, which I never would do, this may be unconstitutional because if there is an issue that is in the Constitution, it is to conduct a census every 10 years. So we do not make those decisions around here.
The Census Bureau, those of us who understand the work, they do fully understand that this cut, which incidentally and we should know this, my colleague, the gentleman from New York (Mr. Weiner), my understanding is will come up with yet a second amendment which cuts more money from the census, so when it is all over today, he will have cut the census by over $225 million.
Well, first of all, 1,000 people would have to be laid off. No one has made a decision in this Congress that those 1,000 people are no longer needed. No one in any of the two Houses has decided that those folks have to go. Yet, this amendment would immediately and arbitrarily decide that those folks have to go.
In addition, we are gearing up for the 2010 census. We are already in 2005, as we speak here today. That means that half the gearing up has been done. One could argue that instead of saving money, this would waste money because all the money that has been spent up to now will be for naught, because obviously the census is not going to be able to function or be conducted the way it should for the next 5 years.
There is a point, however, that is of great interest to me, and that is the census count in the inner cities and especially the census count in the minority communities.
For Hispanics and African Americans and other minorities in this country, there is at times nothing more important than a proper count; and I have been in the past a critic of undercounts, and I continue with the gentlewoman from New York (Mrs. Maloney) and the gentleman from Virginia (Chairman Wolf) to work with the Census Bureau to get a better count. This would not discuss the issue of a better count. This would discuss the issue of no count at all.
When we speak in the minority community, in the poor community of what we need to do to grow to become part of the American society, we always cite census figures. We say we have grown by this much, and yet our educational level has fallen back by this much. We say we have grown by this much, and yet our per capita income has gone down.
Whatever the issue may be, we run to the Census Bureau to get the numbers to make our argument to build our case that we need help. I would carry this to a point where I say to destroy the Census Bureau, to destroy the next census is a frontal attack on the aspirations of people in my community who need an accurate count and hopefully a better count to make the arguments that we can make.
Now, a lot of what is happening here today, when we say COPS, the program stands for different things, but the short name is COPS, the people right away think of a police officer. Well, my staff just spoke to the City of New York, which always comes up in these discussions. The city folks tell us that because crime is down and the matching funds for any new hires are not in place or not available in New York City's current economy they are not hiring any new cops. So any dollars that supposedly would go to New York would not be available to them at this point. They could not use them.
On the other hand, they say that they look to the census, they look to the next count, they look to the American survey as the one chance that they have to really move ahead and be able to get the dollars necessary for the city in the future, because let us remember, and I will conclude with this, that the census also figures in what different localities get in Federal help based on the population they have.
So for those reasons, and a million more that maybe I will get a chance to elaborate on, I wholeheartedly oppose this amendment and ask for its defeat.
Mr. Chairman, let me make a few brief comments here. We keep talking about full funding and an adjustment to the census count. We have all been in support of that. But let us remember that perhaps the largest reason why the Census Bureau did not adjust the count was for the tremendous congressional pressure that fell upon it when it was discussing that issue.
Now, that is not going to satisfy the sponsor of the amendment. However, I would like just to alert the sponsor of the amendment that the biggest bump-up this year, or in years past, certainly since September 11 of 2001, has not been the Census Bureau. The Census Bureau is just an easy target because, supposedly, it does not have a constituency, except for poor minorities who want to get counted and do not get counted. The big bump-up has been the Department of Justice, the Department of State, and the FBI. But no one would dare take money from there to pay for cops in the city, because that has big congressional, Presidential, administration and local support.
So if we are going to talk about who to take money from, let us sometimes be courageous enough to take it from where it exists, in bundles, and not where we could cripple the future count in our communities.
Just one last point, Mr. Chairman. I am, for the record, and continue to be a strong supporter of the COPS program. I will be working with the chairman to see how we can get better in conference and will be working with the chairman next year, hopefully, or should I say that next year the chairman will be working with me to make sure that we can bump up the COPS program.
But just for the record, when President Clinton proposed to this Congress the COPS program, it was a temporary program to reach 100,000 new cops. We are at 119,000 cops. So while it is true that we want to do more, let us not paint it as a failure or a shortcoming. In fact, it has produced and accomplished quite a bit.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I also offer my strong support for an open, public rulemaking process that includes multiple public hearings, sufficient time for public comments, and any relevant independent studies.
The more than 2 million people who contacted the FCC to register their opposition to the rules offers clear evidence that we cannot rewrite media ownership rules without including the American public in the process. I will be monitoring the FCC's activities closely as it begins this process, and I urge all of my colleagues to do the same.
Mr. Chairman, I move to strike the last word.
Let me first say how I continue to be impressed by the gentleman's passion and ability to present this issue as he presents other issues. He speaks from the heart, and that is something that we always see. And he speaks for people who unfortunately in this society sometimes are totally forgotten. But he is speaking to the right two individuals.
First, no one, no one, does more for the concerns of those inmates than the gentleman from Virginia (Chairman Wolf). The gentleman from Virginia (Chairman Wolf) has through different approaches been careful to make sure that there is not a punishment but a rehabilitation of people, not a forgetting but perhaps a forgiving and a desire to have people be part of the society.
And, of course, as the gentleman knows, I represent an area of the Bronx that has always had an issue of crime and an issue of people wanting to come back into the community and at times being accepted and at times not being accepted.
So I assure the gentleman that we will continue to pay attention to this matter, continue to pay attention to the dollars allocated in the hope that some day this society fully understands the need to rehabilitate and welcome back people in a way that says they did what they did, they paid for that crime, now we want them to be a productive member of society. And I thank the gentleman for his work.
Mr. Chairman, I move to strike the last word.
I have a lot of respect for the gentleman, but I guess today is beat- up-on-the-census day. But a very short point: it would seem to me in saving dollars, as he wishes to do, the net effect is that we cannot have a census. We cannot take away that much money from the preparation and then conduct the census.
So I am not going to repeat all of the comments I made about the importance of the census. Only one, and that is that the community that I represent in the Bronx, the only way that the poorer communities can get a piece of the pie, be counted properly, is to continue to improve the census in how it is conducted and not devastate it. And, again, I do not know and, in fact, I would venture to say that I do not think the gentleman's intent is to stop the census from taking place because that is a constitutional question; but the effect is that while there may be a census taking place, we do not know what kind of a census it would be because if we cut out all the moneys for the preparation and the setup, there is no way that we can conduct it properly.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, just very briefly, for instance, I just came across some information, just to give you an idea of what we are up against here.
The Naomi Berrie Diabetes Center of New York Presbyterian Hospital plans to use the American Community Survey data to identify Bronx, that is my district, neighborhoods with demographic characteristics associated with the risk of Type II diabetes in children.
I bring that up because I have been making the argument you have all day long that this information gathered by the census goes beyond what people think. It is vital information needed to provide incredible services to the community. Once they use those numbers based on the census data, they can make their argument before us at a public hearing, or at any kind of institutional hearing, saying we need this kind of help.
Who would have thought that Type II diabetes would be an issue for the census to be helpful with? That is just one of the countless items that they cover. So I say that, and I thank the gentleman for granting me this time, in agreement and in support of the gentleman's comments and words.