Vito Fossella

Mr. FOSSELLA

Mr. FOSSELLA. Mr. Speaker, I am not recorded on rollcall numbers 65, 66 and 67. I was unavoidably detained and was not present to vote. Had I been present, I would have voted ``yes'' on rollcall numbers 65, 66 and 67.

Mr. FOSSELLA

Mr. FOSSELLA. Mr. Speaker, we wake up every morning to our newspapers filled with stories of possible war, of tragic loss of our astronauts, of heightened warnings of terrorist attacks and of dangerous international dictators. In all, Americans are finding it a difficult time to be confronted every day with these tragedies, uncertainties and fears. Therefore, Mr. Speaker, during times like these, it is all the more vital to our national spirit to tell Americans about uplifting and comforting stories. We need to remind ourselves of our national qualities for which we are so unique--patriotism, courage and generosity for our fellow man. The story I tell you today, you will not have read about in your local paper, nor watched on TV, because this is the story of an unsung hero, a man who showed unwavering bravery during the terrorist attacks in New York on September 11, 2001. I rise today to honor one of my constituents, James Parese, who is the Captain of the Staten Island Ferry, ``Samuel I Newhouse''. On that terrible morning on September 11, Captain Parese was one of the countless private citizens on maritime vessels around Manhattan who immediately responded to an emergency message. Cackling across marine radios in New York's harbor--the Coast Guard summoned all boats and their crews to abandon their usual duties and respond to extraordinary needs in the New York waterways. Captain Parese explains that day himself best when he said, quote, The subways were down, and they closed the bridges. We were basically the only way out. Us and the smaller ferries, the police boats and the tugs. I couldn't believe the amount of tugs; there were a sea of tugboats coming from Staten Island heading for Manhattan. Since September 11th, we have heard so many human stories of tragedy, heroism, loss and miracles. We've heard the brave deeds of the New York firefighters and police officers. We will forever owe them our deepest gratitude. And today we honor one of America's maritime heroes--one of hundreds of private men and women who selflessly and quietly answered the call from the Coast Guard for ``all available boats''. The miraculous rescue and response effort by water has also permanently altered our nation's official approach to defending our homeland security along our coastline. The South Street Seaport Museum in New York City put together an exhibit to bring to light the historic maritime evacuation of Manhattan on September 11. I learned of these sailors from the book, All Available Boats. The book was put together and edited by Dr. Mike Magee, a doctor who happened to see the museum exhibit and felt strongly that these heroic stories deserved to be heard by the American people. Hundreds of non-military ship captains of all kinds of vessels--from ferries like Captain Parese to tugboats and from private vessels to even historic ships--answered the Coast Guard's call and sailed directly into Ground Zero. In the end, they evacuated over 300,000 people from Manhattan. It was the largest maritime evacuation since the battle of Dunkirk in 1940. Remarkable. After hearing the radio call on September 11, Captain Parese unloaded his ferry's passengers back onto Staten Island, turned around and steered his ferry directly into the Staten Island Ferry Loading Dock on Manhattan. There, thousands of people were pouring onto his boat to find a way to escape the terrorism on the island. People were literally jumping off the docks to try to hit the ferry's decks. One man said he was, quote, jumping for my life. Captain Parese's ferry, already covered in ash, began to fill with smoke. Despite his eyes and lungs burning from the smoke, Parese stayed and loaded over 6,000 scared and desperate passengers onto his ferry. Because of the thick smoke, he was forced to use radar to steer the boat southbound. On reaching Staten Island, Parese unloaded his passengers. He immediately then turned his empty ferry around and headed straight back to Manhattan. Parese then rejoined the other ships' captains in their massive evacuation of Manhattan. Yet, during one of the most frightening days in our nation's history, we now have learned that our fellow citizens were not just rescued by these boats, they were shown kindness and comfort by these captains and their crewmates. Every man, woman and child who Captain Parese rescued from Manhattan is grateful to him for giving them an escape route, for his kind spirit and for his dedication to duty. On a different Staten Island Ferry than Parese's that day--was a boy, Tim Steto, a student at the Leadership High School in Manhattan. Tim and some other students caught the very last ferry from Battery City Park before it closed. After stumbling through the streets around Ground Zero in terror and confusion, Tim said that once the ferry took off from Manhattan-- quote--there was a visible difference in the air quality. We looked back at this horrible scene then looked forward to see this clear, beautiful view of Staten Island. No clouds or smoke. And this young high school student said that--quote--the thought of being taken to safety kept me calm. After evacuating those three hundred thousand people from the Manhattan island, Parese and the other captains returned again to Ground Zero to volunteer to help with other vital tasks. They pumped water from the harbor to feed the fire hoses and brought in needed supplies. Also, with the bridges and tunnels closed, these boats became the necessary transportation for bringing firefighters, police and other emergency workers to Ground Zero from New Jersey and beyond. In one account after another of these stories, the captains and their shipmates worked without break, without fear and without instructions. September 11, 2001 was a day when average American men and women became heroes for their fellow Americans and for our nation. Those enemies of freedom around the world have always underestimated the determination, bravery, love of country and freedom of the American people. Captain Parese and the other brave patriot sailors that day are the finest example that the evil enemies of freedom can tear down our walls and tragically kill our citizens, but they will never quench the American spirit. I admire the bravery of my constituent, James Parese, as much as I admire his humility. He takes no special credit for his brave and tireless actions that day. He very simply says that--quote ``everyone pretty much did what they had to do''. James Parese, thank you from all of us in the United States House of Representatives for your brave and heroic acts that will never be forgotten by the thousands of people you brought to safety on September 11. And thank you for continuing to go out every day to ferry the Staten Island citizens to Manhattan for work. Finally, we recognize and applaud all the hundreds of patriot sailors that tragic day who fearlessly answered our Coast Guard's call for ``all available boats''. Their actions make all of us proud to be Americans and we salute their courage. God bless these unsung heroes and God always bless this great freedom-loving nation of the United States of America.

Mr. FOSSELLA

Mr. FOSSELLA. Mr. Speaker, every so often, a people is forced to choose between fighting oppression and hoping to survive at the whim of evil. Against all odds, facing down the world's only superpower, our forefathers fought and died to establish a nation conceived in liberty and freedom. Some years later, our nation turned upon itself so that all could bask in the glow of those freedoms. The ``greatest'' generation chose to go to war, and their sons and daughters endured a frosty confrontation so that people around the world would have the same opportunity to enjoy those freedoms. Today, we are asked that very same question. Do we have the same commitment, as did our ancestors, to beat down the forces of evil and give future generations the opportunity to live in freedom? Over the years, Saddam Hussein has ruled Iraq as an absolute dictator. He has shackled the Iraqi people to an existence of oppression and poverty. Free speech has been banished, elections held as a sham, opposition terrorized and ethnic and religious minorities brutally and mercilessly oppressed. Hussein's tools of governance include torture, murder, rape, and poison gas. Saddam Hussein has acted as a destabilizing force in the Middle East, often with violent and tragic results. He has used violence to repress the Kurdish minority, invaded Iran and Kuwait, and attacked Saudi Arabia and Israel. He has even attempted to assassinate current and former Heads of State including former President George Bush. In his mad blood lust, Hussein has used chemical weapons, biological weapons and ballistic missiles. By his own admission, Hussein has funded weapons programs to develop chemical, biological and nuclear weapons. Over the years, in violation of numerous United Nations Security Council Resolutions it had agreed to abide by, Saddam Hussein has continued to develop weapons of mass destruction, refused to account for and return prisoners captured during the Persian Gulf war, refused to return property stolen during the Persian Gulf war and continued to repress its people and harbor terrorists. Unfortunately, Saddam Hussein has intensified his efforts to develop nuclear weapons. Iraq has also sought to build and enhance delivery systems that can be used to deliver chemical, biological or nuclear weapons. The development of these weapons and systems will not only affect the Middle East, but it will give Saddam Hussein the ability to extend his influence around the world. Because the United Nations abdicated its role to enforce the various Security Council resolutions, we do not know the status of these weapons programs or how close they may be to completion and no one has been able to act as a restraint against the wishes of this dictator. Over the past century, only two world leaders have used poison gas against their own people and launched ballistic missiles to attack other nations. When confronted with the choice of stopping Adolf Hitler or appeasing him, the civilized world chose appeasement. Tens of millions of people paid a terrible price for that inaction. We face a similar choice today. If we choose not to stop Saddam Hussein, history will consign on us a price for our appeasement, the cost of which will only be known with the passage of time. That price will not only be borne by us, but others as well, and we have no idea when that bill will become due. If nothing else, the tragic events of September 11, 2001, reinforced the lessons so painfully learned years ago. If we can topple this madman through peaceful means, we shall. However, if military means are necessary, so be it. We must be open to all options to provide for the common defense of our nation and to ensure that future generations, here and abroad, have the same opportunities to live in freedom without the looming specter of fear and tyranny. This resolution must be passed so that future generations can state-- yes they were challenged, and they met the challenge--for the betterment of mankind. Thank you Mr. Speaker and I yield the balance of my time.

Mr. FOSSELLA

Mr. FOSSELLA. Mr. Speaker, H.R. 2982 authorizing the establishment of a memorial within the District of Columbia to the victims of terrorist attacks on the United States. Words are generally inadequate to give voice to the loss we suffered on September 11, 2001. Today, we will try to leave a more worthy token. The enormity of what happened last year is still difficult to grasp, especially to those of us in the communities most directly affected. The scope of the casualty list is particularly overwhelming when considering each individual that was taken from us. Each had a name, a face, a family, a personality, a legacy that they have left behind. Susan Conlon said goodbye to her 6-year-old daughter, Kimberly, before going to work that day in the World Trade Center, in an office she had occupied for less than 3 months. Robert Curatolo was a newlywed who charged into danger as one of all too many firemen that never returned that day. Vassill Haramis was a hero of the 1993 WTC bombing, an engineer who loved working there as he had since the 1970's, not long after coming to this country. These stories, times a thousand and more, can only begin to trace the outline of the victims of the 9-11 attacks. I offer them as examples from my own district of heartbreaking losses. I believe what we are proposing today will be an eloquent testament to the memory of the victims. By acting today, while the memory of that terrible day has not yet faded, we can be sure future generations will have a better understanding of the victims and heroes of September 11th, and their legacies will never be forgotten.

Mr. FOSSELLA

Mr. FOSSELLA. Mr. Speaker, I thank the gentleman from Illinois for yielding me this time. I would like to highlight one provision in this conference report that I think is critical and underscores why there needs to be a consistent, government-wide policy when it comes to dealing with victims of terrorism. In the first half of 2002, Congress introduced several legislative initiatives to allow all victims of terrorism equal opportunity to recover damages from the assets of terrorists and State sponsors of terrorism. The purpose of the bill is to allow victims of terrorism to obtain justice and, simultaneously, to hold accountable those who commit and support terror. Provisions have passed both the House and the other body by a recorded vote of 81 to 3. The proposed language included in the State authorization conference report will allow only two victims to receive compensatory damages for acts of international terrorism from the frozen assets of designated State sponsors of terrorism and completely ignores what Congress has attempted to achieve this year on behalf of all of the victims. Now, this is not to take away from the victims of terrorism. It is important. They suffered, they suffered greatly, and they are entitled to compensation. But what this underscores and highlights really is important, because all of those folks who may have suffered the same set of circumstances, even worse in some cases, from the same groups of terrorists or those who sponsor terrorism, have been shut out and denied the same level of justice that others on a piecemeal approach have obtained. In light of what has happened in the last year, where potentially we are looking at thousands of victims of terrorism, is it not about time that an American citizen who suffers from the hands, the violent hands of a terrorist or those who sponsor terrorism and is able to obtain a judgment where the assets are frozen should be entitled to the same set of rights? Instead, what we have, and I hope it does not continue, but unless we pass it in the two competing bills in the House and the Senate, it will; unless we do something about it, each year there will be victims, and whoever can hire the best attorney or the best lobbyist will find its way into one of these conference reports. As long as that continues, there will be families and victims of terrorism who will be denied the same set of compensatory damages. I do not think it is right, I do not think it is just. I just want to bring that out to underscore why we need to pass it for all Americans who are entitled to the same set of rights and opportunities when it comes to justice.

Mr. FOSSELLA

Mr. FOSSELLA. Mr. Speaker, I am not recorded on rollcall No. 384, Expressing the Sense of the Congress on the anniversary of the terrorist attacks launched against the United States on September 11, 2001. I was with my constituents of Staten Island and Brooklyn on this sad anniversary. Had I been present, I would have voted ``aye.'' For the past year, our nation has grieved over the loss of nearly 3,000 brave men and women who were cruelly and unfairly taken from God's earth much too soon. These past 365 days have been a time of immense sadness for our nation. We have buried too many innocent souls--too many mothers, too many fathers, too many sons and too many daughters. Today is officially known as Patriot's Day as a result of legislation that I passed in Congress. I chose this name because I thought it best described the victims of September 11th--men and women who loved their country and who died in its name. While they were not soldiers, they certainly were patriots. Indeed, no one among us will ever forget the indelible images of brave firefighters, police officers and other emergency services personnel entering the burning towers bound by honor, duty and courage. Or the pictures of ordinary Americans leading their friends, coworkers and even strangers out of the rubble because they were taught to help those in need. In an age when the word heroism is bandied about much too often, we watched true heroes in action. And so today, we remember these patriots--to recall their smile, their laugh, their kindness. Their loss is an injustice to humanity. And while they can never be replaced, they must be remembered and honored for making the greatest of all sacrifices. The American story is far from finished. Indeed, the best chapters are yet to come. We must believe that, for I know in my heart that it is our destiny. We also must believe that there is a just God directing our people in a just cause of liberty. That cause, like others before, which crushed fascism and communism, is now to forbid the tyranny of terrorism. The terrorists sought to destroy America by crushing brick and twisting steel. They didn't understand that the source of America's strength is its people, and that its people embody a spirit of optimism and hope that can never be destroyed. Our hearts may still be heavy, but our soul is stronger and more vibrant than ever. The values of America will forever stand firm and resolute. My prayers go out to every family that lost a loved one on September 11th. My words cannot ease your suffering, so I simply tell you that you remain in my thoughts. God Bless you and God Bless America. I ask unanimous consent that this statement be printed in the appropriate part of the Congressional Record.

Mr. FOSSELLA

Mr. FOSSELLA. Madam Speaker, I yield 5 minutes to the gentleman from Utah (Mr. Cannon), a man who deserves much, if not all, of the credit for bringing this to the floor today.

Mr. FOSSELLA. Madam Speaker, again I would like to thank the gentleman from Utah for his leadership. Madam Speaker, I yield 2 minutes to the gentleman from New York (Mr. Grucci).

Mr. FOSSELLA. Madam Speaker, I yield 1 minute to the gentleman from Louisiana (Mr. Baker), who again has been at the forefront and working closely with all of us to bring the terrorists to their heels.

Mr. FOSSELLA. Madam Speaker, on that I demand the yeas and nays.

Mr. FOSSELLA. Madam Speaker, I offer a motion to instruct conferees on the bill (H.R. 3210) to ensure the continued financial capacity of insurers to provide coverage for risks from terrorism.

Mr. FOSSELLA. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on the motion to instruct conferees on H.R. 3210.

Mr. FOSSELLA. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, as we all know, tomorrow marks the first anniversary of the greatest attack on the soil of the United States of America. In that attack, both at the Pentagon in Virginia, in Pennsylvania, and in downtown Manhattan, the Nation lost thousands of innocent human lives. Since then I think our Nation has been on full alert and in the field combating the war on terrorism, seeking out those evil ones who committed those dastardly acts, so we can ensure that we can keep the peace for future generations. But at the same time, we need to get at the heart of these terrorist organizations in those states that sponsor terrorism. Believe it or not, if an American citizen seeks a judgment in a court of law and is successful against some of these terrorist organizations or states that sponsor terrorism, and assets are frozen by the United States Government, some of those victims who are successful in a court of law may not and indeed are not recovering those assets. It is a little ironic that American citizens can sue their neighbor for a mild act, obtain a judgment and recover, and yet we cannot sue a terrorist organization that killed people, and in this case thousands, and not recover unless the Federal Government on a petition or a case- by-case basis determines that those successful plaintiffs should recover. This motion to instruct will attempt to right that wrong. Under current law, Americans who have been victimized by terrorist and state-subsidized terrorism and are eligible to enforce court judgments against the assets of a terrorist state have had to wait until Congress acts before they can receive their awarded funds. Some victims have gotten compensated, and many have not. As I mentioned today, thousands of Americans and their families are considering and have joined the class action lawsuit aimed at recovering and undermining the ability of these groups to perpetuate their acts of evil. American victims of international terrorism will all have equal access to the courts and to block assets of terrorists, terrorist organizations, and state sponsors of terror as a small but important token of justice. We impose immediate financial costs on terrorists and states that sponsor terrorism, freezing assets for 20 years or 25 years or 30 years or even 5 years, and then giving them back to the terrorist state does not impose such costs, and that seems to be the policy today, dangling this carrot before these evildoers as if they are going to stop their evil ways. At present, terrorism is a cheap way to pursue war against Americans. Unless America finds ways to make it more costly, terrorists and those states that sponsor terrorism have no economic incentive to stop. By imposing a direct and immediate cost, this provision represents one effective financial tool, one of many, against terrorists and those who help them, and this will seek to help the victims. Finally, terrorist-sponsored states will no longer be able to use their diplomatic and intelligence agencies to support terrorists with financial impunity. In other words, hiding behind this veil of diplomatic or intelligence immunity, something that is too often abused and flies in the face of justice. Terrorism-sponsoring states use those wholly owned and controlled agencies and instrumentalities to raise, to launder, and to distribute funds to terrorist cells, sometimes even in the United States of America. Ironically, these agencies and instrumentalities can claim foreign sovereign immunity against victims in U.S. courts because of their relationship with the terrorist-sponsoring states. By exposing these agencies and instrumentalities to liability, the U.S. further increases the cost of sponsoring terrorism, and goes after the sources of funding for these organizations and cells. Madam Speaker, tragically and regrettably, I lost a lot of friends and a lot of neighbors; and America lost a lot of friends and a lot of neighbors and brothers and sisters, more than 200 people from Staten Island and almost another 100 from the Brooklyn portion of my district. Those families right now are suffering the shock of it, the shock of losing a father or a mother or a sister or brother or uncle or aunt, and tomorrow marks the anniversary. The notion that while brave men and women are fighting the war overseas in seeking out these terrorists and those who help them and harbor them and finance them because they are thinking of doing it again, the notion that this government, our government, could prevent my neighbors and friends one day, if successful in a court of law in obtaining judgment, to be unable to recover assets of a terrorist organization or a state that sponsors terrorism to me is the most unjust thing in this Nation. Madam Speaker, I urge all Members to support this motion to instruct, to be compatible with the other body and bring justice to these families, these victims of terrorism. Madam Speaker, I reserve the balance of my time.

Mr. FOSSELLA. Madam Speaker, I yield 2 minutes to the gentleman from Ohio (Mr. Oxley), chairman of the Committee on Financial Services, one who has been leading this effort, both before and after September 11, in tracking down the assets of terrorists and states that sponsor terrorism. (Mr. OXLEY asked and was given permission to revise and extend his remarks.)

Mr. FOSSELLA. Madam Speaker, I yield myself such time as I may consume. At the outset, let me really thank the gentleman from North Carolina (Mr. Watt). We really would not be here but for his efforts, his ideas, his support, and his leadership. And the victims of terrorism owe thanks to the gentleman from North Carolina as well as the gentleman from Wisconsin (Mr. Sensenbrenner), the gentleman from Ohio (Mr. Oxley), the gentleman from Louisiana (Mr. Baker), the gentleman from New York (Mr. Grucci), and the gentleman from Utah (Mr. Cannon), who really brought us here today. And underscore what we have all said, and I am not going to repeat it, but every day and especially tomorrow, September 11, 2002, we honor the heroes and the victims who perished last year, our fellow American citizens, those who just want an ordinary way of life, a peaceful life, who sought to raise a family in this great Nation, who sought to do a job and do it right, and those valiant heroes from EMS and the police department and the port authority and especially the firefighters, 78 of whom were from Staten Island alone, and names like Egan and Olsen and Curatola and Esposito and Siller and Leahy and Doyle, and tragically thousands of others. They are names, yes, but they are families. They have left behind children, they have left behind wives, husbands, parents, and grandparents, and what they were seeking is all what I think we are all about, the right to live in freedom with liberty and in peace, and that was robbed from them. That was robbed from them. It was robbed from their families. And, yes, we are a stronger and better country, and we are fortunate to have brave men and women to wear the uniform to go get those people, wherever they may be across the globe, with the commander in chief, President Bush, leading the way. But at the same time, I think it is unbelievable that these families down the road, in the event that they will obtain a judgment, would have to come back to Congress or to their own government to petition against a terrorist organization or a state that sponsors terrorism to recover some of those assets. We should not be here next year or 10 years from now debating this. We should end the subject right now, put it to a close, and bring justice to those victims who suffer today and will be suffering for a long time. But at least this Congress is speaking with one voice and saying that we are going to right that wrong and provide equity for all.

Mr. FOSSELLA

Mr. FOSSELLA. Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 320) expressing the sense of Congress regarding Scleroderma, as amended.

Mr. FOSSELLA. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous matter on House Concurrent Resolution 320.

Mr. FOSSELLA. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am pleased that the House is considering today House Concurrent Resolution 320, introduced by the gentleman from Illinois (Mr. Gutierrez) to raise awareness about a terrible disease, Scleroderma. House Concurrent Resolution 320 was reported favorably by the Committee on Energy and Commerce last week, and I encourage my colleagues to express their support for the resolution on the floor today. Over 100,000 Americans are affected by Scleroderma, a chronic connective tissue disease that is debilitating and potentially fatal. Scleroderma is actually a symptom of a group of rare diseases that involve the abnormal growth of connective tissue. Scleroderma is derived from the Greek word sclerosis, literally meaning hard skin. The symptoms include hardening and thickening of the skin, swelling and disfigurement of the hands, weight loss, joint pain, difficulty swallowing, as well as extreme fatigue. With this wide range of symptoms, scleroderma is often difficult to diagnose. For some patients, these diseases cause hard, tight skin; for others, the problem is much greater, affecting blood vessels and internal organs like the heart, lungs, and kidneys. Scleroderma affects people of all races and ethnic groups, men, women and children. For some Americans affected by scleroderma, recovery comes with time. For many others, there is no treatment that controls or stops the progression effectively. While scientists at the National Institute of Arthritis and Musculoskeletal and Skin Diseases continue to learn more about scleroderma, unfortunately, they do not know exactly what causes scleroderma, and there is still no cure. The resolution before us today recognizes the work of private organizations and health care providers to raise awareness about scleroderma and encourages Americans to learn more about scleroderma. The resolution encourages the National Institutes of Health to continue to play a leadership role in discovering new treatments and disseminating information learned from their research. Finally, the resolution encourages the Centers for Disease Control and Prevention to consider how to improve disease surveillance of autoimmune diseases, including scleroderma. Mr. Speaker, I encourage my colleagues to support the resolution. Mr. Speaker, I reserve the balance of my time.

Mr. FOSSELLA. Mr. Speaker, I yield back the balance of my time.

Mr. FOSSELLA. Mr. Speaker, on that I demand the yeas and nays.

Mr. FOSSELLA

Mr. FOSSELLA. Mr. Speaker, I ask unanimous consent that Members may have 5 legislative days within which to revise and extend their remarks and to include extraneous material on the bill.

Mr. FOSSELLA

Mr. FOSSELLA. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, at the outset, let me thank the gentleman from Virginia (Mr. Boucher), because he has been really great in his assistance and in his efforts to bring this to the floor, and the people in the city and in the State of New York are grateful for his support. I thank as well my colleagues, the gentlemen from New York, Mr. Rangel and Mr. Towns. We have tried to do this really in a nonbipartisan way because it is so critical to the future of rebuilding New York City. I also thank the gentleman from Louisiana (Chairman Tauzin) and the gentleman from Texas (Chairman Barton), as well as the chairman, for being cooperative and understanding the plight of New York. Mr. Speaker, I have a full statement that I will submit for the Record, but just to highlight, I think, as has been said by the gentleman from Michigan and the gentleman from Virginia, sadly, another consequence of September 11 was the fact that New York City almost was destroyed. The loss of life was tragic, but in addition, the infrastructure is destroyed. Many Members in both the House and in the other body were in New York on Friday and saw what was once the World Trade Center, and saw underneath what was once the PATH station, the PATH train, or the 1 and 9 subway line, or so many of the buses that really interweave throughout downtown New York. For all intents and purposes, things have changed in New York. New York was required to comply with the Clean Air Act as of October 1. Now, if the infrastructure has changed, the modeling to evaluate that infrastructure has changed, and the analysis, therefore, that was required has changed, so all bets are off. In addition, and this is the saddest, obviously, some employees lost their lives in that attack. So we have a combination of tragedies that brings us to this point. That, essentially, is to grant New York City and New York State temporary relief under the Clean Air Act. Without that, upwards of $4 billion to $5 billion, the estimates range, but the reality is that it is hard and it is real that those Federal dollars that fund needed Federal projects will stop, and it will stop the rebuilding efforts of New York City that have moved wonderfully in the last year. It will mean so many jobs will be put at risk, upwards of 200,000 jobs directly and indirectly related to the rebuilding of New York City. This underscores, I think, what we all want to do; that is, to improve the quality of our air and the emissions surrounding New York City. But understand that this is a commonsense approach to a terrible accident that happened. So I want to commend all those who recognized this necessary, really, legislation, and to thank all those in the staff that brought us here. I would hope, since time is of the essence, that the other body would join hands with us and give New York what it needs. Mr. Speaker, I reserve the balance of my time.

Mr. FOSSELLA. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I would just thank, from the committee, Joe Stanko, Michael Geffroy, as well as those from Governor Pataki's office and the mayor's office and the city of New York; also, the gentlemen from New York (Mr. Rangel and Mr. Towns), the chairman, the gentleman from Louisiana (Mr. Tauzin), the gentleman from Michigan (Mr. Dingell), the gentleman from Texas (Mr. Barton), and of course, the gentleman from Virginia (Mr. Boucher). From my staff, I thank Julie Walker, who has really worked a lot and very hard on bringing this to the floor. I would note, as well, if it has not been noted, that the 14 affiliated building and trade unions support this bill. I have a letter that I have been asked to submit for the Record from the Environmental Defense Fund. The letter referred to is as follows: Environmental Defense, Washington, DC, September 10, 2002. Hon. Vito Fossella, House of Representatives, Longworth House Office Building, Washington, DC. Dear Congressman Fossella: We are writing about H.R. 3880, The Clean Air Transportation Conformity Temporary Waiver for the New York Areas, as recently amended. That bill would provide certain counties of the New York City metropolitan region with an extension of deadlines under the transportation conformity provisions of the Clean Air Act while containing protections for continued efforts to improve air quality in New York City. The State of New York requested this extension on the grounds that the events of September 11, 2001 directly and substantially affected the offices and staff of agencies involved in making conformity determinations. Offices of both the New York Metropolitan Transportation Council (NYMTC) and the Port Authority of New York and New Jersey were destroyed on September 11, and, tragically, both agencies suffered loss of life. According to the state, these agencies also suffered unprecedented loss of agency records and institutional capacity. New York has stated that it is seeking this extension in order to ensure that federal transit funds essential to the rebuilding of lower Manhattan are not place at risk by these unfortunate circumstances. In December 2001, the original version of H.R. 3880 was introduced in the House. Because of its unnecessarily broad scope and lack of air quality protections, Environmental Defense opposed that bill, as originally introduced. We requested that, if any flexibility in meeting federal clean air transportation planning requirements were to be granted, it be done in a narrowly crafted way that include protections for air quality and public health. We are pleased that the bill has now been narrowed, and that New York has committed to take new steps to protect air quality and health. The changes include: No ``free pass'' for highway projects: Regionally significant capacity-expanding highway projects not already in the adopted Transportation Improvement Program are specifically excluded from the waiver and cannot be advanced during this period excepting projects related to reconstruction of Lower Manhattan (whose emissions must be offset locally). Transportaiton Conformity only: It is clear, based on a recent change to the legislative language, that H.R. 3880 applies only to ``transportation projects, programs and plans as defined in 40 CFR Part 93 Subpart A'', and that the waiver therefore does not apply to port projects, airports, or other transportation projects that are subject to the requirements of general conformity under Clean Air Act regulations. Local emission offsets to protect public health in Lower Manhattan: New highway projects for lower Manhattan (i.e., the depressing of West Street) must include air quality offsets within the affected county (with best efforts to secure even more localized offsets). Detailed Interim Milestones: New York has committed to meet detailed interim milestones on the way to attaining conformity by 2005. These include commitments to improved best practices transportation and air pollution modeling and other updated models and data for the region. Report to Congress, EPA and DOT: New York must report to Congress, EPA and DOT on progress being made toward achieving conformity by the new 2005 deadline, including new emission reduction strategies adopted to offset revised estimates of air pollution emissions from cars and trucks that result from newer assumptions, data, and emission models. Significantly, New York has also committed to take additional steps to protect air quality during the course of the waiver. These include: A commitment to make the reconstruction of lower Manhattan a model for clean-air construction practice statewide, by using clean fuels and retrofits to cut emissions from non- road machinery throughout lower Manhattan. Non-road engines, like the construction machinery at work on the reconstruction of the World Trade Center site and transportation infrastructure in lower Manhattan, emit more fine particulate matter than cars, trucks and powerplants combined and are important sources of NOx, a precursor to the formation of urban smog. Committments by key state agencies, including for example the New York State Department of Environmental Conservation, Department of Transportation and the Port Authority of New York and New Jersey, to identify and adopt new transportation control measures, such as incentives for increased use of transit, to be implemented in the new term to cut emissions from the transportation sector. We recognize that September 11 has presented New York and the country with a unique and unprecedented set of circumstances. We further understand that the State of New York, at its highest executive leadership levels, has agreed to the conditions outlined above and is prepared to implement them vigorously. With these conditions, and under these unique circumstances, we support the amended version of H.R. 3880. Sincerely, John Bowman, Legislative Counsel, Environmental Defense.

Mr. FOSSELLA. Mr. Speaker, I yield back the balance of my time.

Mr. FOSSELLA. Mr. Speaker, on that I demand the yeas and nays.