[Congressional Record Volume 144, Number 124 (Thursday, September 17, 1998)]
[Extensions of Remarks]
[Page E1744]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                WESTERN HEMISPHERE DRUG ELIMINATION ACT

                                 ______
                                 

                               speech of

                          HON. JERROLD NADLER

                              of new york

                    in the house of representatives

                     Wednesday, September 16, 1998

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 4300) to 
     support enhanced drug interdiction efforts in the major 
     transit countries and support a comprehensive supply 
     eradication and crop substitution program in source 
     countries:

  Mr. NADLER. Mr. Chairman, I rise in opposition to H.R. 3975, 
controversial legislation that would impose expensive, highly intrusive 
criminal background checks on our nation's port employees. It is 
significant that this bill--with all its ramifications--has never been 
the subject of a hearing by the Judiciary Committee and to this day is 
not understood by most of the Members in this chamber.
  Today the House accepted by voice vote this controversial legislation 
as part of H.R. 4300, the Western Hemisphere Drug Elimination Act. This 
is no way for the House to conduct the people's business.
  At a time when we in Congress are attempting to stem the flow of 
drugs into our communities and schools, we are engaging in a broad 
brush rush to judgment about America's port-side workers. The way to 
accomplish our anti-drug trafficking goals is not by declaring that all 
longshore workers, including those with 20 or more years of service, 
are guilty. That is exactly what we are doing if H.R. 3975 is enacted.
  No one quarrels with the goal of finding methods to stem the flow of 
illegal drugs into this country. No one quarrels with the need to use 
any and all means to achieve this goal including seeking out those who 
would use their place of employment to give drug dealers and smugglers 
a free ride into our cities and towns. And no one quarrels with the 
notion that if we have a few bad apples working in our ports, let's 
stop them from helping those who would poison this country with illegal 
drugs.
  But make no mistakes about it. H.R. 3975 does not accomplish this 
goal and, in fact, would likely have adverse consequences on those who 
are serious about blocking illegal drugs at our borders and in our 
ports. It takes little imagination to conclude that if you want to stop 
the infestation of our citizens with dangerous drugs, then make working 
men and women employed at the transportation choke points--such as 
longshore workers--a major part of the solution by enlisting them as 
partners in this crucial endeavor.
  Let's not, because of political convenience, demonize hard working 
port employees by making all of them subject to expansive criminal 
background checks with no limit and no protections. By doing so we are 
passing value judgments about their criminal records or intentions with 
no justification other than anecdote. Perhaps worst of all we are 
passing these judgments without even giving all sides an opportunity to 
express their views before the committee of jurisdiction.
  If we have drug problems in a particular port let's do something 
about them. If drugs are passing through our transportation choke 
points let's give law enforcement authorities the tools and resources 
to do their job. But let's not demoralize potential allies in the war 
on drugs by declaring them a major criminal threat and making them all 
prove their innocence.
  Stopping the use of our nation's ports to ship illegal drugs in the 
United States is a goal I strongly support. H.R. 3975 does not 
accomplish that objective. I urge my colleagues to join me in opposing 
H.R. 3975 as a stand alone bill or as part of any legislation to be 
consideration by this House.

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