Henry Hyde

Mr. HYDE

Mr. HYDE. I would like to be heard further on my point of order. Mr. Speaker, if the gentleman from Ohio, who is my good friend and someone for whom I have the utmost respect, but if his theory has any substance, then the Mutual Defense Treaty with Taiwan which President Carter abrogated unilaterally must have undergone resurrection. It was improperly terminated then, and how many treaties over the years have been terminated without the involvement of the House that have now experienced Easter? Now, it is a matter of fact that the treaty itself provided a means for revocation and the Senate ratified the treaty in all of its verbiage in all the four corners of the document, and article 15, section 2, as ratified by the United States Senate pursuant to the Constitution, says, ``Each party shall in exercising its national sovereignty have the right to withdraw from this treaty,'' et cetera, et cetera. The President was required to give 6 months notice, he did give 6 months notice, and June 13 of this year equals the 6-month period where the revocation becomes final. So the Congress was involved in the treaty ratification pursuant to the Constitution, which gives the House no role in ratifying treaties. The rule the gentleman referred to talks about the House's role in implementing treaties through legislation. Yes, we have that role, we always have. But that is a far cry from saying we must approve a termination of a treaty which, by its terms, provided a process for revocation by the President.

Mr. HYDE. Mr. Speaker, may I be heard further?

Mr. HYDE. Mr. Speaker, the gentleman reminds us that a treaty is the supreme law of the land, and then says that the President cannot abrogate the law unilaterally without some legislative action. I suggest that the President has followed the law to the letter. The law is in the treaty. The treaty itself provides a mechanism for withdrawing from the treaty: ``Each party shall, in exercising its national sovereignty. . . . '' How do we exercise our national sovereignty? The gentleman would suggest a plebiscite throughout the country. The very words of the treaty, which are the supreme law of the land, have been observed by the President. So that argument is a nullity. Secondly, do all Members, and I am asking this rhetorically, do all Members concede the Taiwan defense treaty as still valid and that President Carter's termination of it was illegal, and of no force and effect? They have to hold that position if they hold the position they are arguing today. I submit this is not a privilege of the House.

Mr. HYDE. Mr. Speaker, the Constitution, section 2, says he shall have the power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur. I have looked through this document. It does not say a single blessed thing about revocation or termination of treaties. It talks about the making of them, and it is the Senate who advises and consents, with two-thirds in support. Now, I would like to ask my dear friend if there is any merit or substance to his position, how many votes of the House will it take to ratify a termination and where do you find that?

Mr. HYDE. Mr. Speaker, if I may be heard further, but the treaty itself, Mr. Speaker, provides a mechanism for terminating the treaty, and that treaty was ratified by a two-thirds vote of the Senate, which involved the House constitutionally. So, I just do not see what the gentleman's complaint is.

Mr. HYDE. Ratify.

Mr. HYDE

Mr. HYDE. Mr. Speaker, recently the former Chairman of the Federal Communications Commission, Newton Minow delivered the Morris I. Liebman lecture at Loyola University in Chicago. Mr. Minow's address are entitled ``The Whisper of America,'' and is focused on the need for the United States to significantly increase the resources it devotes to international broadcasting. I believe Mr. Minow makes a very thoughtful case for expanding our efforts in this area. In order that it may be available to a wider audience, and to call it to the attention of my colleagues, I ask unanimous consent that it be printed in the Record.

Mr. HYDE

Mr. HYDE. Mr. Speaker, every year in my district, I ask students in grades 8th and 12th to participate in an essay contest. This year's contest focused on the events of September 11, 2001, and how they shaped our Nation. Specifically, this year's essay question was as follows: ``September 11, 2001, was a shock felt around the world. Our country was attacked by suicidal, fanatic terrorists. It must be our resolve to protect America. Eternal vigilance is the price of liberty. How can our government protect us at home and abroad?'' I am pleased that so many students chose to enter this essay contest. Unfortunately, however, there can only be one winner in each group: 8th grade and 12th grade. This year's 8th grade winner was Melissa DeLeo from Chicago. She attends Mary, Seat of Wisdom School in Park Ridge, IL. The 12th grade winner was Karen Differ from Niles, IL. She attends Maine Township High School South in Park Ridge, IL. Ms. DeLeo's untitled essay is as follows: I have been taught that America stands for freedom, equality, liberty and justice for all. I believe this even now more than ever before. This is our America, the America that many men and women fought for, the America that is the land of opportunities and my America, the America where I have the opportunity to write this essay with my right of freedom of speech. Our America was attacked, but there are ways that our government and we, the American people, can protect ourselves. I think that there are three main areas of concern. These three areas are: the coordinating all of the government agencies with sharing information, our readiness for the possibility of future attacks and granting aide to those nations that support us in our effort against terrorism. The first way I think we can better protect ourselves is with the coordination of all of the government agencies. This cooperation must inform the public not only of possible attacks but also with instructions of how to react and what we should be doing to help with security during these times. Then the government agencies must introduce a new form of coordination applied to the use of their planning, communication and organizations. Such as compatible computer files and disks accessed by the computers shared by the organizations and government agencies. This way we would all have access to the same information and the same amount of details to make the operation, as a whole, a bigger success. By coordinating all of the government agencies, none of these details or important information will be missed or overlooked. Also, by keeping the American people well informed we would be able to know where our help and our financial aide are needed. The second way I think we can better protect ourselves is readiness for the possibility of future attacks. This means greater airport security, matching every bag in the airport to a person, patrolling the American borders and the careful consideration of all the information gathered. This may mean longer lines in the airport, more hours of intense labor for the airport and police officials and more of our budget will be consumed by the Army and government agencies. Even though these difficulties may occur, I'm sure that people would understand it is for our safety and security. Also, I think many would believe that waiting in a line for one hour instead of a half of an hour would be worth it knowing that we are going to be better protected and safe. The third way I think that we can better protect ourselves is by giving aide to the nations that support us. This means that we should send supplies and financial assistance to the nations that are wholeheartedly joining the effort against terrorism in the world. This will help them to continue their effort and this will also inspire other nations to join the effort against terrorism. This will show the terrorists that the United States of America and many other nations are willing and able to stand up and put an end to their intimidation and terrorism on the world. Only then we could put an end to all of this tragedy that has happened for no reason at all. Then by getting more nations involved they would be able to contribute their different areas of knowledge so that we could better see the different aspects of the situation and all of the possibilities of security and planning. Also if every nation tried to eliminate the terrorism located in their areas of the world that would be one step at a time to helping to end all terrorism. Therefore, the three main areas of concern that I think we should focus on are: coordinating all of the government agencies with sharing information; readiness for the possibility of future attacks; and granting aide to the nations that support us. These are some of the ways that would give us a start on ridding the world of terrorism and making the world a safer, more peaceful and happier place. I am an eighth grader that already has many hopes, dreams and goals for the future. When the Sept. 11 tragedy occurred, many people thought our nation would be divided. They were wrong. Our nation really put the phrase, ``United States of America'' into action. People bonded together like no American has ever seen before. All Americans showed respect, love and compassion for each other which once was hidden by greed and selfishness, and now was shown through love, helpfulness and courage. We, or at least I, now have a deeper understanding of the meaning of the great and amazing value of life, and now try to live every day to the fullest. Our nation has learned that what before each person thought of as their own dream can only be reached when we work together and help one another feel the support and strength of the true United States of America. We are Americans and UNITED we

Mr. HYDE

Mr. HYDE. Mr. Chairman, I know the gentleman's animosity towards tax cuts. It is profound and palpable. Mr. Chairman, I yield to the gentleman from Pennsylvania (Mr. Toomey).

Mr. HYDE. Mr. Chairman, I yield to the gentleman from Wisconsin.

Mr. HYDE. Mr. Chairman, I move to strike the last word. Mr. Chairman, I have been listening carefully to the debate, and I feel slightly confused. I have heard my friend, the gentleman from Wisconsin (Mr. Obey), and other Democrats talk about increasing the national debt. It seemed to me we are talking about increasing the national debt ceiling which is a measurement of the national debt but not the national debt. The national debt is increased by voting for appropriations which is done by the gentleman's party with great glee and delight, and so increasing the national debt is a function of appropriations and borrowing, and we are talking about the debt ceiling, which is a measurement only.

Mr. HYDE. I yield to the gentleman from Wisconsin.

Mr. HYDE

Mr. HYDE. Madam Chairman, I yield myself such time as I may consume. Madam Chairman, I rise in support of H.R. 3994, the Afghanistan Freedom Support Act of 2002. The gentleman from California (Mr. Lantos), the ranking Democratic member of the committee, and I introduced this bipartisan bill in support of the President's agenda in Afghanistan. The bill authorizes a broad range of development, economic, and security assistance over a 4- year period through fiscal year 2005. The United States is currently supporting peace and recovery in Afghanistan through its assistance efforts on the ground and through its leadership in international organizations and among the members of the coalition against terrorism. Since the beginning of fiscal year 2002, the United States has provided more than $374 million in food, humanitarian, refugee and other nonmilitary assistance provided to support the relief and recovery of the Afghan people. In order to be fully successful, this recovery effort must be sustained in the months and years ahead. Legislation is required to provide the President with a framework to ensure our success in meeting U.S. objectives in Afghanistan and in the region. H.R. 3994 authorizes an additional $300 million in assistance for fiscal years 2002 through 2004, with $250 million authorized for fiscal year 2005. The additional $300 million authorized for fiscal year 2002 is consistent with provisions included in the emergency appropriations bill currently under consideration by the Committee on Appropriations and represents a $50 million increase over the President's request of $250 million. H.R. 3994 will assist the administration in developing a strategic approach to the assistance needs of Afghanistan. By authorizing a significant 4-year fund for the purpose of dealing with the special situation we find in Afghanistan, this legislation will give the administration great flexibility to design and implement a comprehensive assistance strategy in line with U.S. priorities and objectives in that troubled country. Madam Chairman, H.R. 3994 was drafted in consultation with the administration and provides the President with great flexibility, taking into account the fluid situation in Afghanistan and the variety of economic, humanitarian, and security assistance needs. H.R. 3994 was reported out of the Committee on International Relations with broad bipartisan support. The President has asked Congress to make available funds to support the reconstruction and development of Afghanistan and has requested $250 million in emergency supplemental fiscal 2002 appropriations for Afghanistan. This supplemental assistance, if appropriated by Congress, will be in addition to the fiscal year 2002 funding already announced and allocated from existing accounts this fiscal year. H.R. 3994 will promote the reconstruction of an independent, prosperous, and democratic Afghanistan. The primary goal of this legislation is to provide for the national security of the United States and other nations by eliminating Afghanistan as a source of terrorism and instability in the region. By providing assistance to the people of Afghanistan, the United States will alleviate suffering, aid recovery, bolster stability, and promote democratic civil government. By reducing the amount of narcotics grown in or trafficked through Afghanistan, the U.S. will assist in Afghanistan's recovery, but will also provide for the security of the United States and other nations. This bill authorizes assistance to meet urgent humanitarian needs, such as the provision of food aid and disaster relief. It also emphasizes the need to assist refugees in returning to their home communities in Afghanistan when it is safe to do so. H.R. 3994 provides for aid in reconstruction and rehabilitation of basic infrastructure and assistance to the civil society and interim authority in Afghanistan. It underscores the importance of eradicating poppy cultivation in order to reduce supply and demand for illicit narcotics in Afghanistan and the region. The bill emphasizes the importance of supporting stability through employment programs and of improving food security, the health system, and the agricultural sector. This act will promote efforts already under way to improve the education system and support the transparency, accountability, and participatory nature of governmental institutions in Afghanistan. Madam Chairman, H.R. 3994 also supports the President's plan for equipping and training an indigenous Afghan force, as well as efforts by other countries, in providing security assistance for Kabul by authorizing the provision of security assistance to Afghanistan, as well as to countries and international organizations supporting efforts to control terrorism. H.R. 3994 exercises proper congressional oversight of U.S. foreign assistance programs by establishing 2 conditions for providing reconstruction development assistance to Afghanistan, exempting humanitarian, human rights and refugee assistance from conditionality. The first condition is that the government of Afghanistan must fully support counternarcotics efforts. The second is that the people of Afghanistan must follow through on commitments to peace made in Bonn, Germany in December 2001. The U.S. has an essential role to play in Afghanistan's recovery from the horrific conflict and devastation of the past 30 years, but the administration needs a coherent strategy and structure in place in order to achieve our objectives of eliminating terrorism, securing the peace, combating drugs, and safeguarding the human and civil rights of all, particularly women and children. I urge Members to support H.R. 3994. Madam Chairman, I reserve the balance of my time.

Mr. HYDE. Madam Chairman, I yield 2 minutes to the distinguished gentleman from Texas (Mr. Paul). (Mr. PAUL asked and was given permission to revise and extend his remarks.)

Mr. HYDE. Madam Chairman, I am pleased to yield 3 minutes to the gentleman from Nebraska (Mr. Bereuter). (Mr. BEREUTER asked and was given permission to revise and extend his remarks.)

Mr. HYDE. Madam Chairman, I move to strike the last word, and I am pleased, on behalf of the majority, to accept the gentlewoman's amendment number 5. It makes a worthy addition to the bill, and I appreciate her withdrawing amendment number 6.

Mr. HYDE. Madam Chairman, I move to strike the last word. If I might address the gentlewoman from California, I believe she understands that we support the gentlewoman's amendment, except section 301 as originally offered because of difficulties in interpretation and implementation. We are prepared to accept the remainder of the gentlewoman's amendment and praise it as a worthy addition to the bill. But I cannot accept 301 as originally offered. If the gentlewoman has a modification of that, we would be pleased to accept that.

Mr. HYDE. I yield to the gentlewoman from California.

Mr. HYDE. Madam Chairman, I thank the gentleman for these thoughtful remarks and for his interest in this bill; and with regard to the issue of coordinator for Afghanistan policy, I fully agree with the gentleman of the importance of this position. Where the State Department and I disagree, however, is on the question of mandating such a position. As I am sure my colleague knows, the State Department has appointed an individual to this position who is already performing the onerous task of coordinating aid and policy relating to Afghanistan. It seems to me, therefore, that in this instance mandatory language appointing a coordinator is unnecessary. With regard to the issue of a broader comprehensive aid program that extends beyond the borders of Afghanistan and into central Asia, it is a laudable objective and is something I would be pleased to work with the gentleman in crafting solutions toward this end.

Mr. HYDE. Madam Chairman, I just want to say two things: number one, I want to thank the gentleman for his superb cooperation and concede that so much would not be done in our committee without the gentleman's cooperation and enlightened farsightedness. Let me say, number two, your staff and my staff are superbly qualified people who make this place work, and I salute all of them.

Mr. HYDE. Does the gentlewoman have a modification she wishes to offer in lieu of section 301 as originally filed? A modified amendment?

Mr. HYDE. Madam Chairman, I want to enthusiastically accept the amendment offered by the gentleman from California (Mr. Lantos). It improves the bill greatly. It emphasizes the importance of creating a secure environment in Afghanistan to ensure that humanitarian agencies will have access to meet the emergency needs of the Afghanistan people, and it calls on the President to develop a plan to address security concerns in Afghanistan. To those people who might think this is too prescriptive, too interventionist, I think otherwise. I think it is only prudent to suggest to the President that we are authorizing a lot of money and we have a lot of things to be done, and we are expressing our hope and our request really that he come up with a strategy for employing the funds and the resources we are authorizing, because it is vitally important that we not flounder over there, that we know what we are doing, and that people think about an orderly way to bring security and stability to that part of the country. This is prudent, it is wise, and I hope my colleagues will accept it. Madam Chairman, I congratulate the gentleman from California (Mr. Lantos) for adding it to our bill.

Mr. HYDE. Madam Chairman, will the gentleman yield?

Mr. HYDE. Madam Chairman, I thank the gentleman for yielding. My colleague from Oregon reminds us of the sad situation that unfortunately comes along with any war, unintended victims. Facing one's enemy in battle is hard enough; knowing that others may have perished without participating in the war is tragic. I am pleased, however, that the legislation before us will help the people of Afghanistan in a substantial way. It provides serious economic, democratic development and military aid. It will assist in meeting the urgent humanitarian needs of the Afghan people including food, shelter, medical care, family reunification services and the clearance of land mines. It will also assist refugees and internally displaced persons, eradication of illicit narcotics, and reconstruction efforts. I am hoping these efforts will provide some comfort to the innocent people of Afghanistan who have had to bear witness to the evils of terrorism and this war. If history was our guide, we are assured that the United States will undertake a serious investigation, examining these matters, and act accordingly to directly assist those injured or killed by tragic mistakes or accident. I would be pleased to support the gentleman in moving legislation through the Committee on International Relations that would achieve those ends at the appropriate time. In the meantime, I agree with the gentleman that the unintended victims and their families should receive priority in receiving assistance under this legislation, if at all possible. I hope this has satisfied the gentleman's inquiry.

Mr. HYDE. Madam Chairman, I rise in support of the amendment. (Mr. HYDE asked and was given permission to revise and extend his remarks.)