National Journal's CongressDaily - Tuesday, October 23, 2001 ,
 National Journal's CongressDaily
Issue date:  October 23, 2001
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TRADE
Zoellick Seeks Specific Date For Vote On Trade Authority
   Trade Representative Zoellick today said the time has come for
the House to set a date for a vote on a bill to restore
presidential trade negotiating authority, stressing, "The eyes of
the world will be on Congress." Speaking to a National
Association of Manufacturers' breakfast, Zoellick said, "My own
sense is that we need a date." A CongressDaily survey of House
members released today showed 178 members publicly undeclared or
on the fence on the issue. Zoellick said setting a date is the
only way to compel members to focus on the issue and make a
decision.
   House Ways and Means Chairman Thomas said he "agrees
completely" with Zoellick and said he would have preferred to
hold a floor vote just after the farm bill was approved 10 days
ago. A vote on the trade negotiating authority measure is
expected within the next few weeks, but Thomas said he would need
to confer with House leaders on setting a date. Business
lobbyists said a vote would increase the need for direct
involvement by the president in securing votes. Thomas said that
would be more likely now that President Bush has returned from
his recent trip to Asia. Asked whether a wartime president will
have the time to devote to the trade issue, Thomas said, "A
wartime president does not have to," because many members are
prepared to help him win passage for his priorities.
   This afternoon, House Majority Leader Armey said the timing
for bringing trade negotiating authority legislation to the floor
was "up in the air indefinitely," saying there were "renewed or
new concerns" about the bill. Armey, who has long pushed for a
floor vote on the trade bill, referred questions about that issue
to the whip's office. Union officials have been expressing
confidence in recent days that they have the votes to defeat the
trade negotiating authority bill. "I think we have the votes,"
said one labor lobbyist. "We feel great on this one. I haven't
met with one member of Congress who's said they won't be with us.
A lot of those are probably in the [CongressDaily poll's]
undecided column."
   Zoellick acknowledged that some countries have sought changes
in trade arrangements with the United States in exchange for
their sustained support in the coalition effort against
terrorism, but he resisted characterizing them as "concessions."
Zoellick explained that expanded trade opportunities can play a
crucial role in the growth and stability of many countries - most
notably Pakistan - and the United States has a vital interest in
not repeating the isolation and retrenchment that accompanied
international crises in the past. - by Stephen Norton and Charlie
Mitchell
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ECONOMY
Democrats Offer Stimulus Alternative Plan With Offsets
   House Ways and Means ranking member Charles Rangel, D-N.Y.,
will go to the House Rules Committee this afternoon seeking time
for debate on a bill Democrats contend is less skewed toward
corporate America and more fiscally responsible. Like the bill
the Ways and Means Committee approved recently, the Democratic
alternative would provide an additional tax rebate for income
taxpayers who did not qualify for the full rebate provided for in
the $1.35 trillion tax cut measure that became law this year. It
would extend a number of expiring provisions, but only for one
year. The bill favored by Republicans would go a bit further and
make permanent a provision known as Subpart F that aids financial
services firms operating overseas. Democrats contend the GOP
approach on this provision is part of a "payoff to big money
special interests." However, Democrats agree with Republicans on
the positive effect of extending the carryback period for net
operating losses over five years and doubling what some companies
can expense. It also provides relief for people who had massive
tax liability for exercising stock options that ended up being of
little value.
   The Democratic measure would focus much more on stimulating
the economy through spending. It would provide $11 billion for
interest-free financing for new school construction and repair.
It would also temporarily extend unemployment benefits for a full
year by providing 26 additional weeks' worth of payments, make
benefits available to certain workers now ineligible for them and
increase the payments by $65 a week. It would also allow a one-
year program that would provide a federal payment of 75 percent
of so-called COBRA healthcare costs. To pay for these proposals,
Democrats would freeze the income tax rate at 38.6 percent rather
than phasing in a reduction as provided for in the new tax bill.
Finally, the bill would create a trust fund for ideas that are
outside the committee's jurisdiction - such as additional
Medicaid benefits.
   House Majority Leader Armey this afternoon said the economic
stimulus bill would come to the floor Wednesday and predicted
passage by a sizable margin. He said he would fight to preserve
capital gains cuts during an eventual conference with the Senate,
although he acknowledged that he had hoped the House would be
able to provide more in capital gains relief than is included in
the Ways and Means bill. But he said the capital gains provision
was probably the only element of the House bill that would be "in
serious danger" of eventually being dropped from the package.
Armey said he believed an alternative minimum tax repeal -
although he did not mention retroactivity - and the acceleration
of rate reductions would survive.
   Meanwhile, several Senate Republicans issued warnings about
Democratic proposals in both chambers to include major spending
provisions in an economic stimulus package. "Unfortunately, a lot
of what the Democrats are advocating doesn't have much
stimulative effect," said Senate Minority Leader Lott. Added Sen.
Phil Gramm, R-Texas, "I just hope we don't end up with a package
that just squanders $75 billion." Gramm warned that if the
package is wasteful, "I won't vote for it." Sen. John Breaux, D-
La., said that a bipartisan group of moderates would meet
Wednesday with Treasury Secretary O'Neill to discuss the stimulus
package. - by Stephen Norton, Charlie Mitchell and Geoff Earle
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CONGRESSIONAL OPERATIONS
Congress Returns To Work Under Makeshift Conditions
   Senators and staff took a makeshift approach today as the
Senate returned to session, while health and security officials
gathered more information about when to reopen congressional
office buildings. Minority Leader Lott said leaders would decide
later today about whether to "open up a couple of the Senate
office buildings." But there were indications that environmental
sweeps could take more time, and the process of eliminating
anthrax from the four sites within the Capitol complex where it
has been found has not begun. Aides said a toxic gas was one of
several options that could be used to eliminate the anthrax, and
that areas would have to be sealed off during the process. Asked
how many days the process might take to get the Hart Office
Building suitable for reopening, Rules Chairman Dodd said, "Try
weeks." In the interim, Dodd said he was working to assign space
to senators and staff. "I've got people bunked down here
together," he said. But he said the task would be considerably
easier once the Russell and Dirksen buildings reopen.
   Senators acknowledged the difficulties posed by their office
closings. "I don't see how you can function really effectively,"
said Commerce ranking member John McCain, R-Ariz. "So much of the
committee work is done in the Senate buildings." But McCain noted
the committees have already done much of their work. "We
certainly can conduct business here, and we will," said
Republican Policy Committee Chairman Larry Craig of Idaho. "It'll
be a little more complicated, there's no question about it." Dodd
said he was working to try to prioritize hearings to make
efficient use of space.
   Lott also expressed confidence in the safety of the Capitol
building. "We do have a regular monitoring system in the
Capitol," he said. In another show of confidence, Senate
Democrats met today in the Lyndon Johnson room off the Senate
floor, where staff for Daschle brought contaminated clothing last
week at the instruction of FBI officials. But a Capitol Police
spokesman said Monday that no new positive hits for anthrax have
occurred.
   House Majority Leader Armey today would not give any
indication when House offices may reopen, saying, "The speaker
and I had a very closely held discussion about that" earlier
today. He said it would be up to Speaker Hastert to make an
announcement. Following the weekly breakast meeting at the White
House today, House Minority Leader Gephardt told reporters that
the anthrax sent to Senate Majority Leader Daschle's office was
"weapons grade," implying other officials had not been
forthcoming enough in their descriptions of the substance. "I
think we've got to stop parsing words and trying to be anything
other than accurate about what this is - this is highly
sophisticated material it is small in size and it aerosolizes,"
Gephardt said.
   Officials confirmed anthrax today as the cause of death in two
local postal workers, the Associated Press reported. A mail
employee was hospitalized in New Jersey, also believed to be
suffering from the inhalation form of the disease. "We now know
the two deaths that were reported to you now are confirmed cases
of inhalational anthrax," District of Columbia Mayor Anthony
Williams said at a news conference. Amid suspicions that mail
with anthrax may have made its way to the Longworth House Office
Building, all the mail in that building - now closed - may be
burned as a precaution, said two congressional officials speaking
on condition of anonymity. Over the weekend, officials said a
machine in another House office building that bundles mail for
Longworth was found to contain anthrax. Officials have not found
the source of the contamination, but they are concerned that it
would take too many resources and be too time-consuming to go
through all the mail now in that building. - by Geoff Earle and
Charlie Mitchell
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CONGRESSIONAL OPERATIONS
House Prepares To Pass Anti-Terrorism Legislation
   Following a meeting with House Speaker Hastert, Majority
Leader Armey today said the House will take up the conference
report for the anti-terrorism bill tonight, and pass it either by
unanimous consent or as a suspension. He said the House would
move ahead with the legislation as "agreed to" in negotiations
with the Senate - even though some senators are seeking to add
anti-bioterrorism language. "We don't think that's within the
bounds of the agreement," Armey said, suggesting the senators
pursue that language separately. Armey also said the FY02 defense
authorization bill should be completed this week, and that the
FY02 Legislative Branch and Treasury Postal appropriations
conference reports will come to the floor as well.
   Meanwhile, there are increasing signs that the logistical
hurdles caused by the anthrax incident - plus a continuing logjam
on the Senate floor - could prolong the congressional session.
Lott said it could take three weeks to move several bills related
to terrorist attacks, plus more time to move the stalled FY02
appropriations bills. Senate Minority Leader Lott said that with
some immediate movement, "We could get it done before the
Thanksgiving recess," but said it might be necessary to bring
people back. "I'm concerned that every week we stay here there
seems to be another new idea of how we could spend billions of
dollars," he said. Commerce ranking member John McCain, R-Ariz.,
echoed that concern, even as he and other Republicans voted
against a cloture motion today that would have freed up the FY02
Foreign Operations spending bill, which Republicans are stalling
to protest what they consider slow movement of judicial nominees.
"I see us headed for one of those omnibus appropriations bills,"
he said. "It'll be a bonanza."
   Majority Whip Reid said leaders had made no decisions about
adjournment. "We're just feeling our way through this now," he
said. Added Rules Chairman Dodd: "I don't think we ought to get
out of here. There's a value to being here that I think is
reassuring to the American people. We may not need everybody
here, but I think we ought to be functioning." - by Charlie
Mitchell and Geoff Earle
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HEALTH
Harkin Chastises CDC Chief For Poor Anthrax Reaction
   Senate Labor-HHS Appropriations Subcommittee Chairman Tom
Harkin, D-Iowa, sharply questioned Centers for Disease Control
Director Jeffrey Koplan today about why U.S. Postal Service
employees at a Washington-area mail sorting facility were not
tested for anthrax exposure after evidence of exposure was found
at Senate and New Jersey mail facilities. "Of course this has
never come up before, but we would hope CDC would have had some
plan," Harkin said. While acknowledging the loss of two workers
at the Brentwood facility who appear to have died in the last few
days from anthrax, Koplan said government officials were working
under the assumption then that the risk of contracting the more
deadly form of anthrax, inhalation anthrax, was only from opened
mail. Since the Brentwood facility does not open mail but
processes it, Koplan said, no immediate danger was seen.
"Sometimes the information can't be used on Day 10 when you don't
get it until Day 14," Koplan said.
   He assured senators that "no favoritism" was used in the
government's apparently quick response to test and provide
antibiotics to Senate aides, reporters and lobbyists who may have
been exposed to anthrax found in a letter sent to Majority Leader
Daschle and the rather slow reaction to rising concerns at the
Brentwood facility. Koplan promised to provide the committee with
a detailed list of CDC's actions to address the various areas of
potential exposure since anthrax was first reported in Florida on
Oct. 3.
   Koplan said the CDC, which is charged with responding to
potential biological threats, and the public health system "is
stressed through years of neglect and underinvestment." But, he
assured senators that CDC was working with federal and local
officials to respond quickly to emerging threats. Harkin and
Labor-HHS Appropriations Subcommittee ranking member Arlen
Specter, R-Pa., have proposed a $2.3 billion proposal that would
include funds to acquire and stockpile medicines and vaccines,
$700 million to beef up state and local public health services,
$140 million to expand CDC, funds for a tracking database and
funds to double the inspection of imported foods. - by April
Fulton
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TRANSPORTATION
House Urged By Key Senators To Pass Aviation Proposal
   Senate Commerce Committee members asked President Bush today
to increase pressure on the House to pass an aviation security
bill while urging their House counterparts to move swiftly so a
bill could become law. "Safety delayed is safety denied," said
Senate Commerce Chairman Hollings, who along with ranking member
John McCain, R-Ariz., pushed a bill through the Senate earlier
this month on a 100-0 vote. Without a new law "the American
people do not have the confidence they need to have to fly on an
airplane," McCain said. "This is the cruelest kind of hoax on the
American people," Sen. John (Jay) Rockefeller, D-W.Va., said.
"Until we get an economic stimulus bill, this is the economic
stimulus bill," Sen. Barbara Boxer, D-Calif., said. Hollings said
House Speaker Hastert had indicated to him that a bill could be
up in the House this week, but Hollings said he was unable to
speak with Majority Whip DeLay, who is a major opponent of the
Senate bill.
   House Majority Leader Armey said today there was some chance
airline security legislation would come to the floor this week,
but he said it was more likely to be on the agenda next week. He
said the bill would probably come to the floor under a rule and
that Democrats would be allowed to offer a substitute that calls
for fully federalizing airport "screeners." The House GOP
leadership supports language that would leave federalization to
the president's discretion, Armey said, noting that President
Bush has proposed a plan that would leave contract workers in
place, supervised by federal officers.
   The Senate bill would federalize most airport security
workers, would secure cockpit doors, would deploy more sky
marshals, among other measures to beef up air safety. Some House
GOP leaders so far have been resistant to bringing up a bill
because they are concerned they would not have the votes to
prevent security workers from becoming federal workers. Senators
also dismissed arguments House Republicans have been using
against federalization, such as calling for the United States to
follow the European model of aviation security in which there is
federal oversight but private workers. Sen. Kay Bailey Hutchison,
R-Texas, said while European airport security workers have
federal oversight and the European government pays for their
benefits, this would not happen in a U.S. system. McCain
dismissed the concerns that have been raised about workers
forming unions, saying the issue "should not in any way" be a
part of the debate. Hollings noted that a provision in the Senate
bill would keep workers from striking.
   President Bush continues to oppose full federalization of
airport screeners and baggage checkers, calling into question
whether a deal can struck on an airline security bill before the
busy Thanksgiving travel season. Bush raised the issue during his
weekly meeting at the White House with Hastert, Senate Majority
Leader Daschle, Senate Minority Leader Lott and House Minority
Leader Gephardt. White House Press Secretary Ari Fleischer said
today Bush continues to support increasing standards for airport
workers, but questions the utility of putting them on the federal
payroll. Bush today urged the leaders to come together quickly on
the bill, but laid down no timetable. The possibility of Bush
issuing an executive order revamping airline security procedures
was raised at the meeting, but the president emphasized that
congressional action was preferable, Fleischer said. - by April
Fulton and Keith Koffler
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HOUSE ADMINISTRATION
Baird Seeks Support For Emergency Replacement Plan
   Rep. Brian Baird, D-Wash., said Monday that about 40 House
Republicans and Democrats so far have cosponsored his
constitutional amendment setting forth procedures for appointing
House members in the event of a massive attack that kills or
incapacitates at least a quarter of House lawmakers. While his
efforts to gain more cosponsors are hampered by the closure of
congressional office buildings, Baird said "many more" than the
40 already committed are "contemplating" signing onto the bill.
"I hope we can get this done before we convene as a full body
next year," Baird said. Still, he acknowledged, "members find it
much more pleasant to talk about [presidential trade negotiating
authority] and other matters because they're much more pleasant
issues."
   His amendment - which must pass Congress by a two-thirds
majority and be approved by three-quarters of the states - would
give governors the authority to appoint successors for House
members who are killed or incapacitated during an attack that
left 25 percent of members dead or unable to serve. The temporary
appointees would serve no more than 90 days, at which point
special elections would be held to fill the vacancies for the
remainder of the term. Baird said that before introducing the
amendment, he decided to excise a provision that would have
directed governors to appoint temporary members of the same party
affiliation as the dead or incapacitated member. He made his
decision partly because he wanted to keep the Constitution free
of reference to parties, he said.
   But that decision did not sit well with National Republican
Congressional Committee Chairman Tom Davis of Virginia. While
Davis said he was not familiar with the details of the Baird
proposal, he said it would be "ridiculous" not to require a
governor to appoint a successor of the same political party. "You
should not have a partisan change . [you] subvert the will of the
people when you do it that way," Davis said, reasoning that a
partisan shift in the House majority would be too dramatic in
such a crisis.
   While Baird urged legislators to focus on his amendment first,
he also said "we ought to look at" other questions, including a
list of alternative locations for Congress to meet as well as an
expanded line of presidential succession, possibly including
governors who would be more likely to survive if a nuclear weapon
struck Washington, D.C., although those questions might addressed
through regular legislation rather than constitutional amendment.
- by Louis Jacobson
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POLITICS
Davis: 2002 Campaign Themes Uncertain After Attacks
   National Republican Congressional Committee Chairman Tom Davis
of Virginia said today that Sept. 11 terrorist attacks have
curtailed GOP fundraising and dampened political rhetoric, while
making it nearly impossible to predict what issues and dynamics
will dominate next year's mid-term elections. "Nobody knows. I
could sketch 15 different scenarios," Davis said in a briefing
with reporters. "Who knows? The answer is, 'Who knows?'" Davis
said the NRCC is focused on "the variables we can control," the
so-called "Five Rs:" retention, recruitment, redistricting,
resources and record. Davis, who recently had a long conversation
with Democratic Congressional Campaign Committee Chairwoman Nita
Lowey of New York, said incumbents are still responsible for
their public statements and voting records, but said both
committees are presently reluctant to criticize their opponents.
"This is an environment where you want to be very careful in
comparison ads. You can give them a little elbow, but you have to
be careful," Davis said.
   Davis said both campaign committees have similarly refrained
from fundraising in the month following the terrorist attacks.
However, Davis said the terrorist threats have motivated some
reluctant potential House candidates to re-evaluate their
decisions. "People want to be relevant. They want to be
involved," he said. Davis said local off-year elections next
month - including gubernatorial races in Virginia and New Jersey
where Democratic candidates have the advantage - would not be a
referendum on congressional performance. "I don't think what
happens Nov. 6 is going to have a thing to do with what happens
with the Congress and the president," Davis said. "There are no
national issues right now that will hurt Republicans."
   However, Democrats continue to emphasize their differences
with Republicans. In an e-mail sent to reporters today in advance
of the NRCC briefing, a DCCC spokesman suggested "four questions
for Tom Davis," including airport security and economic stimulus
questions. "Does he believe that Republican House candidates will
pay a price at the polls if [Majority Whip] Tom DeLay and
[Majority Leader] Dick Armey succeed in killing airport security
improvements?" the spokesman asked. Davis independently addressed
both topics. He said House Republicans simply would not rubber
stamp Senate airport security legislation and stressed the
importance of stimulus package. "It puts more pressure on a
stimulus package that actually works," Davis said. "The economy
might be an issue that is front and center. It might not." - by
Mark Wegner
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POLITICS
Republicans To Drop Filibuster Against FY02 Foreign Operations
   Senate Minority Leader Lott this afternoon said Republicans
would drop their filibuster against the FY02 Foreign Operations
appropriations bill. "We're going to go forward with the
appropriations bills," Lott told reporters. Lott said Republicans
are still not happy with the pace of judicial nominations under
Senate Judiciary Chairman Leahy, but have decided that now is not
the time for them to push the issue. The Senate again had failed
to invoke cloture today on the motion to proceed to the Foreign
Operations spending bill, as senators voted 50-47 along party
lines. Awaiting floor consideration are the Agriculture, Labor-
HHS and District of Columbia spending bills, while the Defense
appropriations bill has yet to be marked up.
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POLITICS
Legislators Work Out Of Temporary Quarters
   House members and senators, along with a selected few staff
members, began working out of temporary quarters today. House
members are using GAO headquarters at 441 G St. N.W. A main
telephone number is not available for that location but House
officials are working to post a list of legislators' offices and
temporary telephone numbers on the official House Web site and
may send them out by e-mail. Senators and their staffs are
working out of the Postal Square building near Union Station and
can be reached through the main Capitol switchboard at 224-3121.
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TRADE
Zoellick Reiterates The Need For Steel Industry To Restructure
   In the wake of Monday's announcement that the International
Trade Commission had concluded that the U.S. steel industry has
suffered serious injury as a result of dumping of steel by
foreign competitors, Trade Representative Zoellick today
reiterated the need for the industry to restructure. He warned he
would not go through in pressing the issue and "perpetually"
coming to its assistance unless the industry is prepared to make
needed changes. Rep. Phil English, R-Pa., said Monday that the
ITC's ruling was no "panacea," but has "the potential to insulate
our domestic steel market from predatory dumping at a time when
our domestic industry has been facing it most severe crisis in
memory." Similarly, Rep. Benjamin Cardin, D-Md., said, "This
ruling means that foreign producers now will need to align their
capacity with domestic and global demand. The ultimate objective
must be to have the domestic price of steel reflect its true
competitive cost of production."
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POLITICS
Largent Encouraged Not To Vacate His House Seat
   Rep. Steve Largent, R-Okla., who plans to resign Nov. 29 to
run for governor, is being encouraged not to vacate his House
seat until state legislative attempts to change current law have
been exhausted, the Daily Oklahoman reported. If Largent goes
ahead with his decision to resign on that date, Tulsa's 1st
District would be left without a voice in Congress during wartime
conditions, because under current state law, the governor cannot
call a special election until there is a vacancy, which would
trigger a process that could take as long as 90 days. Attempts to
resolve the issue intensified last week when House Speaker Larry
Adair gave state Reps. Russ Roach, a Democrat, and Mark Liotta, a
Republican, permission to work with the state Election Board on
wording for an amendment that would allow Largent's resignation
not to become effective immediately while an election is held to
replace him. Largent said he will go through with his plan to
resign Nov. 29, no matter what the state Legislature decides.
-=-=-=-=-=-=-=-

ATTACK UPDATE
   Britain is sending about 1,000 troops to join the U.S.-led
ground war in Afghanistan, according to media reports today, but
the Defense Ministry said it had made no decisions, the
Associated Press reported. Citing senior defense officials, the
British Broadcasting Corp. said about 600 Royal Marine commandos
and several hundred special forces personnel - currently taking
part in a military exercise in Oman - would be deployed to join
the ground assault. Four British ships participating in the
exercise, which ends this weekend, also will stay behind to join
the Afghan campaign, the BBC said. Meanwhile, former Foreign
Secretary Robin Cook suggested that there was still time for the
Taliban regime in Afghanistan to hang onto power even if it
handed over Osama bin Laden. The government has not announced
whether British troops will join the ground campaign, but says it
remains an option. The chiefs of Britain's Royal Navy and Royal
Air Force were reported Monday to be drawing up plans for long-
term military involvement in the war against terrorism.
   In Afghanistan, U.S. jets swooped down to strike Taliban front
lines and a bin Laden stronghold north of Kabul today, watched by
opposition fighters hoping that the American bombardment will
open the way for their advance. Opposition officials also
reported U.S. attacks around the key northern city of Mazar-e-
Sharif, where an opposition offensive to recapture the stronghold
faltered last week. Missiles set fire to critical Taliban oil
supplies in the southern city of Kandahar. In recent days, the
United States has shifted strategy, drawing planes away from
urban areas to target the front-line positions of the Taliban and
their allies in bin Laden's al-Qaida network which face the
opposition Northern Alliance. The goal is to enable the alliance
to advance toward the capital, Kabul, and Mazar-e-Sharif to break
the back of Taliban resistance. From rooftops U.S. jets could be
seen as tiny white specks roaring far overhead, before they
swooped down to unleash their bombs. A series of nine blasts from
several miles away could be heard.
   Along the Kabul front, Taliban fighters were holding their
ground today, responding with rockets and mortars. One rocket
slammed into the bazaar at Charikar, 30 miles north of Kabul,
killing two people, including a 60-year-old vegetable vendor. In
Kandahar, the South Asian Dispatch Agency reported U.S. jets
struck an oil depot and a fuel convoy, sending a thick cloud of
black smoke rising into the clear blue sky. U.S. planes also
targeted an asphalt plant, setting back Taliban efforts to repair
the runway at Kandahar airport, which has been pounded repeatedly
during the air campaign, the agency said. The agency also
reported that U.S. jets late Monday bombed a mountain on the
western outskirts of Kandahar where Taliban troops were trying to
repair a radar station which had been heavily damaged earlier in
the air campaign.
-=-=-=-=-=-=-=-

THE FINAL WORD
   "I need to sneak some food into my office, otherwise my
goldfish will be floating."
   - Sen. John Breaux, D-La., speaking to reporters today about
some of the liabilities of being locked out while all Senate
office buildings are screened for anthrax contamination.



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