September 5, 2002 CONGRESSIONAL RECORD — SENATE S8255 take a big, deep breath and say: Wait a fied recommendation from the Amer- She does not deserve to have the minute—whether it is a Republican or ican Bar Association and the support of treatment that she got today. But we Democratic President and whether it is both home State Senators who has will have another day, and I believe a Republican or Democratic Senate— been turned down for a traditional Priscilla Owen will go down in the this is taking us down a very wrong nomination. records as a great Federal judge, be- and dangerous path. I am sad today because I know Pris- cause I believe she will be one eventu- I believe that in the great tradition cilla Owen. I know what a fine person ally. of partisan Members of this body, who she is. Not only did she graduate right Mr. President, I yield the floor. nevertheless understood that politics at the top of her class in law school, The PRESIDING OFFICER. The Sen- was no way to make decisions on but she had the No. 1 grade on the ator from Connecticut. judges, good sense will ultimately pre- Texas bar exam when she took it. She Mr. LIEBERMAN. Mr. President, I vail and the Senate will return to a has sterling credentials academically. suggest the absence of a quorum. standard that is appropriate—whether She is very well regarded by the former The PRESIDING OFFICER. The the candidate is well qualified based Democratic attorney general. The chief clerk will call the roll. upon traditional temperament and eth- justice of the Supreme Court of Texas The legislative clerk proceeded to ics, and on their ability to apply the was very supportive of her and came call the roll. law fairly, and understanding and out publicly for her. The other Demo- Mr. REID. Mr. President, I ask unan- knowledge of the law. cratic member of the Supreme Court of imous consent that the order for the If we don’t return to that kind of a Texas with whom she served came out quorum call be rescinded. standard, then we are on an inevitable strongly for her. The PRESIDING OFFICER. Without decline in the way that our country ap- It is just stunning that someone who objection, it is so ordered. plies the rule of law; and, since the rule never had one smirch on her record of Mr. REID. Mr. President, has the bill of law underpins everything in the integrity, who was totally well quali- been reported this afternoon? United States—from our guaranteed fied and unanimously certified by the f constitutional rights to our economic American Bar Association, and who CONCLUSION OF MORNING free market system, our property was reelected to the Texas Supreme BUSINESS rights, and all the rest—it would be the Court by over 80 percent of the vote beginning of the end of this country. would be turned down by the Judiciary The PRESIDING OFFICER (Mr. I do not exaggerate when I say that Committee. I think this is a sad day. REED). Morning business is closed. nothing less is at stake and that this But I will say this: I talked to Jus- f body needs to address this question tice Owen today. I said: You lost the HOMELAND SECURITY ACT OF 2002 very seriously before decisions such as battle today, but you could win the war The PRESIDING OFFICER. Under today’s become the rule rather than because I am absolutely certain that the previous order, the Senate will now the aberrant exception. President Bush will renominate her if resume consideration of H.R. 5005, I believe this is a dark day in the his- there is Republican control of the Sen- which the clerk will report. tory of the Senate, that history will ate. If that happens, she will be con- The assistant legislative clerk read judge the actions of the committee firmed, because she deserves to be con- as follows: today very harshly. I just hope my col- firmed. leagues will consider whether in the fu- It is very hard on a personal level to A bill (H.R. 5005) to establish the Depart- ment of Homeland Security, and for other ture we need to return to the tradition see someone as committed as Priscilla purposes. that has served Presidents and the Sen- Owen—she is basically a nonpolitical Pending: ate and the Nation so well. I hope so. individual. She did not even know I yield the floor. when she was asked to submit her Lieberman amendment No. 4471, in the na- ture of a substitute. The PRESIDING OFFICER. The Sen- name for the Supreme Court of Texas if Wellstone Amendment No. 4486 (to amend- ator from Texas. she had voted in the primary before. ment No. 4471), to prohibit the Secretary of Mrs. HUTCHISON. Mr. President, I This judge is not political. Homeland Security from contracting with heard the last part of the remarks of But George Bush—Governor of Texas any corporate expatriate. the Senator from Arizona about what at the time—appointed her. She then Reid amendment No. 4490 (to amendment happened today in the Judiciary Com- ran for election after her appointment No. 4486), in the nature of a substitute. mittee to Supreme Court Justice Pris- and was endorsed by every newspaper Smith (N.H.) amendment No. 4491 (to cilla Owen, a member of the Texas Su- in Texas and was just thought of by amendment No. 4471), to amend title 49, United States Code, to improve flight and preme Court, who was voted down on a both Republicans and Democrats as the cabin security on passenger aircraft. straight party line vote. I have never most qualified person who had been put Reid (for Boxer/Smith (N.H.)) amendment seen a case in which a person who is to- forward for this particular seat on the No. 4492 (to amendment No. 4491), to amend tally qualified, a person who has shown bench on the Fifth Circuit. title 49, United States Code, to improve integrity on the bench, and who has It is a sad day, but I think this is not flight and cabin security on passenger air- the academic credentials to be a great over. craft. Federal judge would be turned down I do believe that President Bush will The PRESIDING OFFICER. The Sen- for, really, I think a litmus test on reappoint her in the next Congress if ator from Nevada is recognized. issues. the Republicans control the Senate and Mr. REID. Mr. President, it is my un- In the past administration—the Clin- he believes that she will get a fair derstanding that Senator WELLSTONE ton administration—I voted for a num- hearing. I believe she will win the vote has a modification that will allow us to ber of judges with whom I disagreed of the Senate, and she will show what proceed and finish his amendment. philosophically, judges who I knew a great judge she can be because she Recognizing that as the case, people would rule differently from what I will be sitting on the Fifth Circuit still wish to speak in relation to that thought would be the ‘‘right vote’’ on bench. amendment. I think that can be done the court. But I tried to see what their But this is a tough day for her. I after we take that action. So if Senator qualifications were. I certainly tried to think she did not deserve this treat- WELLSTONE is ready, I will ask that he see if they would be strict construc- ment. I will say that in the parts of the be allowed to modify his amendment, tionists to the Constitution, if they hearing that she had that I saw, she and that will be accepted by voice vote. would adhere to the law rather than be was outstanding and did as good a job Following that, the Senator from traditional judicial activists. I voted as anyone I have ever seen who was a Texas will be recognized for 20 minutes for people with whom I disagreed many nominee for the Federal bench. She did to speak in relation to the legislation times. Today, I don’t think that could so well that she won the endorsement before the Senate; and the manager of be said for members of the Judiciary of the Washington Post, the Chicago the bill, Senator THOMPSON, wishes to Committee. Tribune, and the Wall Street Journal. speak, and I ask that he be recognized I am told there has never been a She had accolades from newspapers following the statement of the Senator nominee who had the unanimous quali- across America. from Texas. S8256 CONGRESSIONAL RECORD — SENATE September 5, 2002 Senator LIEBERMAN wishes to speak Mr. THOMPSON. Reserving the right not have substantial business activities in after Senator THOMPSON. At that time, to object, as I understand it, Senator the foreign country in which or under the we should be in a position to move for- GRAMM will speak first. Then I will law of which the entity is created or orga- ward on the Smith-Boxer amendment. have the opportunity to speak and then nized when compared to the total business activities of such expanded affiliated group. I ask unanimous consent that the IEBERMAN Senator L . Does the Senator (c) DEFINITIONS AND SPECIAL RULES.—For Senate resume consideration of the from Minnesota want additional time? purposes of this section— Wellstone amendment; that Senator Mr. REID. Under the agreement I (1) RULES FOR APPLICATION OF SUBSECTION WELLSTONE then modify his amend- just stated, he has 20 minutes if he (b).—In applying subsection (b) for purposes ment with changes that have been wishes to use it. of subsection (a), the following rules shall agreed upon; that Senator WELLSTONE Mr. THOMPSON. First? First mean- apply: have 20 minutes to speak with respect ing immediately, right now, before (A) CERTAIN STOCK DISREGARDED.—There to his amendment; that upon the use or Senator GRAMM? shall not be taken into account in deter- Mr. REID. After the vote. I suggest mining ownership for purposes of subsection yielding back of time, the Reid second- (b)(2)— degree amendment No. 4490, as modi- the absence of a quorum. (i) stock held by members of the expanded fied, be agreed to, the motion to recon- The PRESIDING OFFICER. The affiliated group which includes the foreign sider be laid upon the table; and that clerk will call the roll. incorporated entity, or the Wellstone amendment 4486, as The assistant legislative clerk pro- (ii) stock of such entity which is sold in a amended, be agreed to, the motion to ceeded to call the roll. public offering related to the acquisition de- reconsider be laid upon the table, with- Mr. REID. Mr. President, I ask unan- scribed in subsection (b)(1). out intervening action or debate, with imous consent that the order for the (B) PLAN DEEMED IN CERTAIN CASES.—If a foreign incorporated entity acquires directly the proviso that Senators be recognized quorum call be rescinded. The PRESIDING OFFICER. Without or indirectly substantially all of the prop- as I indicated: Senators GRAMM, erties of a domestic corporation or partner- THOMPSON, LIEBERMAN. And at that objection, it is so ordered. Mr. REID. Just so everyone under- ship during the 4-year period beginning on time, we would be in an almost certain the date which is 2 years before the owner- position to move forward on the Smith- stands—and I am sure they do—the ship requirements of subsection (b)(2) are Boxer amendment. There have been Senator from Minnesota will send his met, such actions shall be treated as pursu- conversations taking place among peo- modification to the desk. At that time, ant to a plan. ple with regard to this. we will vote in relation to the (C) CERTAIN TRANSFERS DISREGARDED.—The Mrs. BOXER. Reserving the right to Wellstone amendment. Following that, transfer of properties or liabilities (including Senator WELLSTONE will speak. Then by contribution or distribution) shall be dis- object, I apologize. I was called to the regarded if such transfers are part of a plan Cloakroom. It was my understanding the lineup will be what was enunciated before, all in relation to the Wellstone a principal purpose of which is to avoid the that after Senator GRAMM speaks in purposes of this section. amendment. morning business that we were going (D) SPECIAL RULE FOR RELATED PARTNER- The PRESIDING OFFICER. Is there to go to the Smith-Boxer amendment. SHIPS.—For purposes of applying subsection Mr. REID. That was the case, but we objection to the request? Without ob- (b) to the acquisition of a domestic partner- have the two managers of the bill who jection, it is so ordered. ship, except as provided in regulations, all wish to speak on the amendment. The PRESIDING OFFICER. The Sen- partnerships which are under common con- trol (within the meaning of section 482 of the Mrs. BOXER. On which amendment? ator from Minnesota. AMENDMENT NO. 4490, AS MODIFIED Internal Revenue Code of 1986) shall be treat- Mr. REID. On the Wellstone amend- ed as 1 partnership. Mr. WELLSTONE. Mr. President, I ment. (E) TREATMENT OF CERTAIN RIGHTS.—The Mrs. BOXER. May I ask, where are send a technical modification to the Secretary shall prescribe such regulations as we in terms of time? desk. may be necessary— Mr. REID. Senator THOMPSON wants The PRESIDING OFFICER. Under (i) to treat warrants, options, contracts to 10 minutes. We are talking about 40 the previous order, the modification is acquire stock, convertible debt instruments, minutes. We hope at that time we will accepted. and other similar interests as stock, and have something that will dispose of The amendment (No. 4490), as modi- (ii) to treat stock as not stock. (2) EXPANDED AFFILIATED GROUP.—The term this amendment on which Senator fied, is as follows: In lieu of the matter proposed to be in- ‘‘expanded affiliated group’’ means an affili- BOXER and Senator SMITH have worked. serted, insert the following: ated group as defined in section 1504(a) of the At that time, we will be in a position SEC. ll. PROHIBITION ON CONTRACTS WITH Internal Revenue Code of 1986 (without re- to determine what is going to happen CORPORATE EXPATRIATES. gard to section 1504(b) of such Code), except thereafter. We have had conversations. (a) IN GENERAL.—The Secretary may not that section 1504(a) of such Code shall be ap- Senator THOMPSON has an amendment enter into any contract with a foreign incor- plied by substituting ‘‘more than 50 percent’’ he wishes to offer today or on Monday. porated entity which is treated as an in- for ‘‘at least 80 percent’’ each place it ap- The PRESIDING OFFICER. Is there verted domestic corporation under sub- pears. (3) FOREIGN INCORPORATED ENTITY.—The objection? section (b), or any subsidiary of such entity. (b) INVERTED DOMESTIC CORPORATION.—For term ‘‘foreign incorporated entity’’ means Mrs. BOXER. Reserving the right to any entity which is, or but for subsection (b) object one more second. purposes of this section, a foreign incor- porated entity shall be treated as an in- would be, treated as a foreign corporation for The PRESIDING OFFICER. The Sen- verted domestic corporation if, pursuant to a purposes of the Internal Revenue Code of ator from California. plan (or a series of related transactions)— 1986. Mrs. BOXER. I want to make the (1) the entity has completed the direct or (4) OTHER DEFINITIONS.—The terms ‘‘per- point that Senator SMITH and I are indirect acquisition of substantially all of son’’, ‘‘domestic’’, and ‘‘foreign’’ have the anxious to move forward on our amend- the properties held directly or indirectly by meanings given such terms by paragraphs ment. We are working with Senator a domestic corporation or substantially all (1), (4), and (5) of section 7701(a) of the Inter- nal Revenue Code of 1986, respectively. FEINSTEIN on an amendment that she of the properties constituting a trade or (d) WAIVER.—The President may waive sub- would like to offer by UC which, if it is business of a domestic partnership, (2) after the acquisition at least 50 percent section (a) with respect to any specific con- in the spirit of what we discussed, of the stock (by vote or value) of the entity tract if the President certifies to Congress would be fine with us. We do hope we is held— that the waiver is required in the interest of can move forward. (A) in the case of an acquisition with re- national security. Talk about homeland security, 9/11, spect to a domestic corporation, by former This section shall take effect one day after planes being hijacked and pilots and shareholders of the domestic corporation by the date of this bill’s enactment. flight attendants being essentially reason of holding stock in the domestic cor- The PRESIDING OFFICER. Under helpless—we want to change that. We poration, or the previous order, the second-degree are going to stay here and push hard to (B) in the case of an acquisition with re- amendment No. 4490, as modified, is try to get a vote on that before the end spect to a domestic partnership, by former agreed to. partners of the domestic partnership by rea- of the day. son of holding a capital or profits interest in The amendment (No. 4490), as modi- The PRESIDING OFFICER. Is there the domestic partnership, and fied, was agreed to. objection? The Senator from Ten- (3) the expanded affiliated group which The PRESIDING OFFICER. Under nessee. after the acquisition includes the entity does the previous order, the first-degree September 5, 2002 CONGRESSIONAL RECORD — SENATE S8257 amendment No. 4486, as amended, is they could do it. A lot of smaller busi- nesses in Minnesota and in our country agreed to. nesses would never have the lawyers do not engage in this kind of behavior. The amendment (No. 4486) as amend- and the accountants to tell them how I do not want to see them put at any ed, was agreed to. to do it. kind of competitive disadvantage be- Mr. REID. I move to reconsider the If these companies are going to re- cause they do the right thing. vote. nounce their citizenship and engage in My third point: I think this is good Mr. LIEBERMAN. I move to lay that this kind of egregious behavior and not public policy. I know last time in the motion on the table. pay their fair share of taxes, it seems debate some of my colleagues said it is The motion to lay on the table was to me that is fine. Renounce their citi- a great thing to do, it is a good, popu- agreed to. zenship and they do not get any more lace thing to do, and people are going The PRESIDING OFFICER. The Sen- Government contracts. It is that sim- to be for it—in fact, I think that is why ator from Minnesota. ple. we had a voice vote, because a lot of Mr. WELLSTONE. Mr. President, I By the way, I do not think the com- people do not want to vote against it— say to my colleagues, Democrats and panies that are good corporate citizens, but it is not good public policy. There Republicans, that I am very pleased that do not engage in any of this sham are two Senators in the Chamber who this amendment has been accepted. A activity, should be penalized. Why are probably going to say that. They good part of this is in a similar amend- should they end up being penalized in are going to say that in good faith, and ment passed in the House. This will be bidding for the contracts because they they are going to marshal evidence for part of the law of this homeland de- are paying their fair share of taxes or their point of view. fense bill. even more because other companies are I have watched them both. Both of Maybe I will take up all my time; engaged in this tax avoidance? Why them are going to be retiring, and, maybe I should reserve some time to should they be penalized for doing the frankly, though I do not always agree respond. I am interested in what my right thing, which is to stay in our with one of them and I never agree colleagues, Senators THOMPSON and country? That is what is going on right with the other one, both of them have GRAMM, say about the amendment. Let now. made the Senate a much better place. me explain briefly to other Senators We have a situation where former So I am not arguing that there is not a why I have done this. U.S. companies that have renounced place for honest, intellectual disagree- We did this on the Department of De- their citizenship currently hold about ment. fense appropriations bill. That was $2 billion worth of contracts with the From my point of view, it is good only for 1 year. We offered an amend- Federal Government. This amendment public policy. There is no reason in the ment yesterday that would bar the has now passed the Senate, and it is world that these companies should be Secretary of Homeland Security from now in the House bill, so it is going to able to engage in this kind of egregious entering into contracts with U.S. com- become a part of law. So they are not behavior. It is a big scam. There is no panies that give up their U.S. citizen- going to be able to do that anymore. reason in the world that other busi- ship to avoid U.S. taxes. These Bermuda companies have no nesses and other people should end up I will give an example. It is a small staff, have no offices, have no business having to pay more taxes, and there is story that I think tells a larger story. activity. The only thing they are try- certainly no reason in the world that This is the story of Tyco. We heard all ing to do is shield income and not pay the vast majority of U.S. companies, about Tyco International. They saved their fair share of taxes. These are that play by the rules of the game, $400 million in taxes last year by char- Enron-like schemes involving sham stay in our country and do not engage tering its base in Bermuda. loans and other income transfers that in this kind of tax avoidance, should be There was an article in the Wall allow these companies to reduce their at any kind of disadvantage. Street Journal about a month ago that U.S. taxes on U.S. source income, in- I am glad the Senate has passed this suggested actually these savings might cluding income from Government con- amendment. I cannot overstate its im- have helped the company buy CEO tracts. It is called earnings stripping. portance. This is part of maybe the Dennis Kozlowski’s $19 million home in I am pleased with this amendment, new look in the Senate. The Sarbanes Boca Raton and a $6,000 shower curtain and I want people to know about this bill was a powerful step forward. It for his place in Manhattan. They have because it has now passed the Senate. took some jarring events to get that received $220 million in Government If a company reincorporates in a for- bill out of committee, but all of a sud- contracts. I guess the question is eign country and 50 percent or more of den people started realizing we have to whether or not any of that was used to the shareholders of the new foreign deal with some of these scandals, we pay for the shower curtain. corporation are the same as the share- have to deal with some of these abuses. This amendment, and the reason I holders of the old U.S. company, then We are going to have a pension bill have been focused on no Federal con- they do not get to contract with the on the floor soon. That is going to be tracts for expatriates, is all about cor- Homeland Security Agency, and if the part of this. I am really glad the Sen- porate reform. It is an egregious prac- company does not have any substantial ate has now passed this amendment be- tice when these companies set up sham business activity in its foreign home. cause I think this is all about dealing headquarters in countries such as Ber- That is the two-part test. This is actu- with these kinds of corporate abuses. muda. ally the two-part test in the Grassley- This is all about corporate account- They have no staff. They have no op- Baucus tax bill, and I thank them for ability, and this is all about reform. eration. Not only do they not end up their superb work. I am very proud of the fact the Sen- paying taxes on foreign profits but There are many sacrifices people are ate has accepted the amendment, and I they can also take the profit in our making today. The only sacrifice this thank my colleagues for doing so. own country and then cook the books amendment asks of Federal contrac- I ask unanimous consent to add Sen- and move it overseas to Bermuda or tors is that they pay their fair share of ator JOHNSON and Senator HARKIN as wherever else. It is not all that patri- taxes like everybody else. original cosponsors. otic. It means a lot of other businesses, I say to my colleagues, I know we I yield the floor. large and small, in my State of Min- had a debate last time when I did this The PRESIDING OFFICER. Without nesota and the Presiding Officer’s on the DOD appropriations bill. About objection, it is so ordered. State of Rhode Island get the short end 99 percent of the people in Minnesota The Senator from Texas. of the stick. in coffee shops would say: Absolutely. Mr. GRAMM. Mr. President, this Most of the large and small busi- If these companies want to do this kind amendment is a perfect example, if one nesses in Minnesota, Rhode Island, and of tax avoidance, then they should not goes around doing surveys to decide on around the country would never do be getting the Government contracts. I public policy, of how far afield from this. They would not do it, even if they think people are tired of this kind of logic and reality and good sense one had the lawyers and the accountants to egregious corporate behavior. can get. tell them how, because they would not My second point: I am very proud of Let me try to make a couple of believe it was the right thing to do if the fact that the vast majority of busi- points. If someone wants to get a good, S8258 CONGRESSIONAL RECORD — SENATE September 5, 2002 rousing round of applause in front of In the Finance Committee today, People make business decisions for any group, stand up and say companies there was an effort to mark up a bill— business reasons. Part of what eco- that are domiciled in the United States and people will think this is a joke, but nomic freedom is about is the ability of that change their domicile to any it is the truth—that said if you own people to move their money and to other country should not be able to do property and you want to leave Amer- move their labor by moving them- business with the Federal Government. ica and you want to go become a cit- selves. They will get applause every time. izen in Ireland or Germany or Argen- It is great to get rousing applause. It I wonder if one is going to get the ap- tina, we will act as if you have sold is wonderful. I don’t doubt that 90 per- plause when they explain to people your property, and you have to pay a cent of the people in Minnesota would that for the entire history of America, tax to the American Government be- be for it. I am not criticizing Min- companies born in other countries have fore you leave. Now, forgive me, but nesota. I don’t believe 90 percent of the moved their domicile to America be- that is right out of Nazi Germany. I people in Texas would be for it, but cause we have had a better business cli- don’t understand, when people are try- there may be. There may be. But mate. ing to bring wealth to America every whether it is 90 percent or 100 percent, Secondly, let me make it clear that day, when we have been a net gainer you either believe in freedom or you do these are private businesses. This is from people moving capital for over 200 private property. not. Another point: we sell about 80 to 90 years, why all of a sudden we are pass- And I must stand up and speak out percent of all defense and security ing laws that sound as if they are right when, for over 200 years, people have goods sold in the world. They are pro- out of Nazi Germany. been bringing their businesses to duced by American companies, by The idea that somebody cannot leave America, bringing wealth to America. American workers. The vast majority America and take their property with We had almost $100 billion of wealth of those companies are domiciled in them, that they have to pay a tax in coming to America annually in the the United States, although not all of order to get their property out of 1990s. Why we are suddenly passing them. Why in the world we should be America—forgive me, but that rings of laws saying you cannot go in the other saying to the various parliaments and another era and another system, a sys- direction? The problem with that is, if congresses around the world—some of tem that I hated when I read about it you cannot take it out, you will not whom may be having similar debates as a schoolboy, and I still hate it. bring it in. about why should they buy goods for Look, it is good politics to bash on One of the reasons I am being so hard their government that are produced by companies that are increasingly inter- on the Senator from Minnesota is this Americans when they can produce infe- national. Many of these companies end amendment we had in the Finance rior goods at higher cost at home—why up with more American employees by Committee today. I am sure somebody we should be picking this fight, I do relocating their headquarters than can defend it and say: People ought to not understand. they would have otherwise. It is very pay taxes. We want their taxes. We Finally, the world must think we good politics to say: We are going to want their money. We do not want have gone mad. We are the country show them. Move your headquarters them to take their money out of Amer- that has drawn capital and business out of America, or if you did it in 1812, ica. you can’t do business with the govern- and literally created a brain drain in Look, it is their money. It is a free ment. It is good politics, but it is ter- the world as people have voluntarily country. Being a free country does not chosen to come to America and bring rible public policy. We have probably, over the 200 years mean that you can do business with the their wealth and bring their genius. Government if you do what the Gov- They have helped make us the greatest with active commerce in America, gained 100 companies domiciling in ernment wants you to do. Freedom country in the history of the world, but means you can do whatever you want now the greatest deliberative body on America for every one that has gone in the other direction. Do we really want to do. If people want to move their Earth is trying to punish people who businesses, they ought to have a right want to move the domicile, the head- to create an economic war where com- panies say, if you ever open a head- to do it. If people want to take their quarters, of their company, to another money, their wealth, and move to country? If I have ever seen logic in quarters in our country, you can never move it anywhere else? Do we want France—I don’t know why in the world history turned on its head for political anyone would want to do that—but if reasons, this is it. that to happen to companies that want to come and locate in Texas? I don’t they do, my basic position is, God bless This bill is not prospective. It does them and let them go. For every person not make any sense. What about a think so. So, boy, you can get a great, that does that, there will be three peo- company that was born in America and rousing applause—probably even the ple from France who want to move in 1812 decided that most of its busi- Rotary Club would applause this—until their wealth here. ness was in Britain? Now, we have to they understood what you were talking understand, Britain is the largest in- about. Good applause. Great political issue. vestor in the United States of America We took this amendment because You could run a dynamite political and they are investing tens of billions people do not want to vote on it. I am spot on this: Old Joe Jones voted to let of dollars in our country every day. happy to vote on it. This is a bad pol- people move their businesses out of But we will say, because a company in icy. It is a wrongheaded policy that is America and that cost us tax revenue. 1812 decided it could operate its busi- basically counter to everything we be- Yet he let them sell to the Homeland ness better by having the headquarters lieve in as a nation. If you do not want Security Department. in London, but the ownership of the to live in America, I just as soon you To me, that is what freedom is about. company did not change, that we are leave. If you want to take your prop- This is bad policy coming on the not going to let them do business with erty, great, go to it. same day as this Finance Committee the Federal Government? Now, the fact that for the whole his- bill that would force you to act as if Finally, this is simply a sign of a tory of America, property and people you sold your property when you want logic that is very dangerous; that is, have been coming our direction, that to leave America, to pay a tax. God for- this logic that somehow this is Amer- does not change the fact you either be- bid this should be the policy of the ica against the world, and people are lieve in freedom or you do not. But to United States of America. And it is not trying to get their businesses out of start saying, in order to sell us a going to be. This amendment is not America, get their wealth out of Amer- good—even if your product is better, going to become law. I intend to work ica, and we have to stop them. For the even if your product would save lives, very hard to see it doesn’t. I don’t be- long history of America, the preponder- even if your product would save money, lieve it will. ance of movement has been into our if anyone cares about saving money— Again, nobody wants to vote against country, not out of it. Do we want that you cannot sell it to us if, in 1812 it. Everybody is going to applaud it, other countries to be passing laws to you were domiciled in Boston and you but in the end, some logic is going to prevent businesses from moving to moved to London and you did not prevail. When for 200 years people have America? I don’t think so. change your ownership by moving. been bringing wealth here, moving September 5, 2002 CONGRESSIONAL RECORD — SENATE S8259 businesses here, why we want to pre- thought if the majority of Senators be- brought wealth with them to America. vent people from going in the other di- lieved this was bad public policy, they The idea of taxing people to get out of rection is beyond my comprehension, would have been out here to oppose it— your country, the most dramatic exam- other than we are going to get a big ap- or at least some of them would have. I ple of that I remember is Nazi Ger- plause in doing it. Applause is a poor have to believe the majority believed it many. reason to have public policy. was good public policy. Otherwise I So I just ask people to please take a I reserve the remainder of my time. don’t think it would have passed. I long, hard look at some of these things The PRESIDING OFFICER. The Sen- don’t assume Senators are afraid to we are doing. Some people think they ator from Minnesota. come and debate and are afraid to ex- won’t actually become law. I hope not. Mr. WELLSTONE. I will take just 2 press their viewpoint and are afraid to But I do believe we are going to reach minutes, and I know the Senator from oppose a policy if they don’t think it is a point where we are going to begin to Tennessee will speak. I assume I have a a good public policy. If that is the case, do some harm. The people in the finan- little bit of time. it is a sad commentary. cial markets around the world must The fact is, this will become law. It As my colleague knows, I would have think we are crazy when they see these will be in this bill. It will stay in this been pleased to debate anybody be- kinds of amendments. bill. The House passed a similar provi- cause I think this is absolutely the I yield the floor. sion. right thing to do. Mr. DODD. Mr. President, I would I will say a couple things to my col- I yield the floor. like to thank Senator WELLSTONE for league from Texas. I appreciate what The PRESIDING OFFICER. The Sen- introducing this important amendment he said, although I think a lot of it did ator from Texas. to the homeland security bill. not describe this amendment. This is Mr. GRAMM. Mr. President, we have Our international tax code currently not about buy America, or about busi- other business to attend to, so I am not has a loophole that allows U.S. cor- ness moving. It is basically about going going to belabor this. Let me make my porations to open shell companies in after tax cheats. It is about people pay- point. Nothing in this amendment has tax haven countries while enjoying all ing their fair share of taxes. Frankly, anything to do with or says anything of the benefits of conducting business as long as we are going to talk about about tax cheating. This amendment in the United States without paying freedom— would apply to a company that moved taxes. The Finance Committee has re- Mr. GRAMM. Will the Senator yield from the United States to Great Brit- ported out a bill that temporarily ad- on that? ain in 1812. dresses this very issue. I hope that in Mr. WELLSTONE. I will be glad to The Finance Committee did not do the coming weeks we will debate and yield. any great deliberation in coming up pass the Finance Committee bill. Mr. GRAMM. Nothing in this amend- with this amendment. It was a pay-for, The amendment currently before us ment talks about taxes. This amend- something to create money they want- prohibits the new homeland security ment says if you redomicile without ed to spend, and it seemed like a pop- agency from contracting with any cor- changing half your ownership, that you ular thing to do. Let’s not deceive our- porate expatriate. I commend my col- can’t sell the products in America. selves into thinking any great thought league for introducing this fair and You are assuming that if I move my was behind it. And anybody who does very simple amendment. What this business to France that I did it for tax not understand that amendments pass amendment says is that if you are in- reasons. I may do it for some other rea- every day in the Senate that everybody corporated outside of the United States son. I may just do it because I like hopes and believes will end up dying and do not have substantial business French food. somewhere in some dark corner some- activities in the foreign country you So you are acting as if the only rea- where—where much of God’s work is are incorporated in, and if at least 50 son people do this is for taxes. And, done, by the way—then I don’t think percent of the stock of the entity is even if that were the case, that they understand the reality of politics. held by former shareholders of the do- wouldn’t change my opinion. So I just stand by the following mestic corporation or by former part- Mr. WELLSTONE. No, I would say to points: First, this amendment has ners of the domestic partnership, you my colleague—I appreciate it and I will nothing to do with taxes. This amend- will not be allowed to contract with finish up—I know I will not change his ment is punitive to companies that the new homeland security agency. opinion. I am well aware of that. I will may have started in America, may still Also, unlike previous discussions on just tell you the Senate Finance Com- employ 90 percent of their people in this issue, Senator WELLSTONE’S mittee did a pretty thorough investiga- America but are now domiciled abroad; amendment includes all inverted com- tion of this, and we know very well that is, they call another country their panies, so that there is no difference that these companies have engaged in economic home. The incredible paradox between companies who have just in- what I think is blatant tax avoidance. of the amendment is that for every verted or have been inverted for 6 We know they set up these sham com- American company that has moved months or 6 years. This is plain and panies that don’t have personnel there abroad, 100 have moved to America simple, and more importantly, this is or they do not do any business there. over the last 200 years. fair. We know they avoid paying taxes, in- Look, it is going to be on this bill. It The U.S. government should not be cluding actually transferring some of is in the House bill. But I do not be- in the business of contracting with the money they made in this country lieve it is going to become law. U.S. based corporations that are avoid- to avoid taxes. It is Enron-like Second, I want to make the point ing their tax responsibilities by incor- schemes. that we are going to end up hurting porating in offshore tax havens. Cor- You talked about freedom. I am free, America in the capital markets of the porations have a right to determine as a United States Senator, to intro- world if we keep this business up. If we where they should incorporate and duce a piece of legislation that says we had our major trading partners pass what is best for their business, just go after these tax cheats and they and enforce a similar law, we would like we have a right to determine how should pay their fair share of taxes. I lose 100 or maybe 1,000 companies that hard earned U.S. tax dollars should be am free, as a Senator from the State of are coming here for every one we are spent. I strongly believe that U.S. tax Minnesota, to represent the people of preventing going there. This is not dollars should not be spent in govern- my State and do so, and that is what I smart. ment contracts to companies that have have done and this amendment passed Third, I just have to raise this provi- expatriated in order to avoid paying and that is a fact. sion considered by the Finance Com- taxes. Frankly, when my colleague says: mittee, which is based on the same Companies who are or will be af- Well, the only reason it passed is be- logic: How dare anybody move out of fected by this amendment must under- cause it is just a popular thing to do, America and take anything with them? stand that there are benefits and costs so Senators really would not have My God, for over 200 years, people have to the decisions they make. This voted against it, that is quite an in- moved from Asia and Europe and South amendment, if adopted, will force cor- dictment of the Senate. I would have America and everywhere, and they porations to include in their calculus S8260 CONGRESSIONAL RECORD — SENATE September 5, 2002 the fact that they may no longer be stay in the U.S. The 2002 U.S. deficit is So if you have always been foreign, able to enjoy the earnings that are expected to be at $157 billion—a deficit you can deal with the Federal Govern- brought to them through Government that would be closed were these off- ment. But if at one time, at any time contracts if they incorporate off shore shore companies to pay their fair share in your past history you were an Amer- to avoid U.S. taxes. That may or may of taxes. ican company, you can’t. That doesn’t not alter management’s decision to I think that we can agree that we make any sense to me. move—management may decide that it must address the problems in our I am also concerned that this amend- does not matter that the company will flawed international tax code which is ment might violate our trade obliga- not be able to contract with the gov- obviously in need of reform. There are tions because it is discriminatory ernment. If this is the decision, so be problems with the fact that the tax against certain foreign-based compa- it. But we should not perpetuate a sys- code is currently putting American nies. If we were to enact the amend- tem that puts companies that do pay companies at a competitive disadvan- ment, what would be the unintended U.S. taxes at a competitive disadvan- tage by taxing income from their over- results? I am concerned we would be tage because their counterparts have seas operations while other nations do giving governments an excuse to ban less of a tax burden. not tax income earned abroad. But U.S. companies from bidding on foreign I represent the State where Stanley what we need to do is work together to contracts, when we have been fighting Works is located. Stanley Works has a change the law and not just abandon to get foreign governments to open wonderful history and tradition in Con- ship and reincorporate. And so while their procurement process to U.S. com- necticut, and so it was a great dis- we work on making changes to the tax panies. appointment to many of us when they code, it is important that we do not Denying a company the ability to be took steps towards inverting their disadvantage those companies who re- awarded Federal contracts based solely company to Bermuda. Obviously Stan- main in the U.S. by also awarding con- on the location of its headquarters rep- resents a significant change in Federal ley Works executives weighed the bene- tracts to those who have left. That is procurement policy and counteracts fits and costs to inverting the company why I am pleased that this amendment years of work to streamline the Fed- and found that the costs outweighed passed the Senate today. eral acquisition process. If we begin to the benefits, and so I can speak on be- The PRESIDING OFFICER. Under use Federal contracts as leverage half of Connecticut when I say, that we the previous order, the Senator from against potential contractors, the sys- are pleased that Stanley Works Tennessee is recognized. tem will inevitably become highly po- dropped its plan to reincorporate to Mr. THOMPSON. Mr. President, the liticized and the goal of obtaining the Bermuda. Senator from Texas is right. This is a best value on Government contracts In FY 2001, Stanley Works had a total significant change in procurement pol- will no longer be a priority; It will be of $5.2 million of defense and homeland icy. The Senate Committee on Govern- a political football, where the procure- security related Government contracts. mental Affairs, which has jurisdiction ment process will turn into an attempt Now that they are going to stay incor- over Federal procurement policy, has to punish our enemies and reward our porated in the U.S., they would be put not had a single hearing to consider friends instead of trying to get the best at an unfair disadvantage if they have this issue and the impact it will have deal for the Government—which, of to compete with companies who also on the procurement process. course, is the best deal for the tax- weighed the cost and benefit, but de- I think at the outset it ought to be payer, who the proponents of this cided that they are better off leaving observed that it is very unfair to pub- licly accuse a company of being a tax amendment claim they are looking out the U.S. or remaining incorporated for. cheat when they have not violated one outside of the U.S. Government contracts are not gifts. single law, rule, or regulation of the The amendment currently before us Federal contractors face a burdensome takes away this unfair advantage. And United States. I have been informed process full of redtape, paperwork, and so if companies like Ingersoll-Rand, since this discussion has been going on unique Government regulatory require- Cooper Industries, and others are inter- that one of the many unintended con- ments. That is why it can be difficult ested in continuing to contract with sequences, probably, and potentially to get multiple companies to even bid the Federal Government, then all they unintended results, is one involving a on a contract. have to do is come back. company called Intelsat. We have attempted to streamline To continue to contract with compa- If we are going to prohibit companies this process in recent years in order to nies that have inverted, to continue to from dealing with the new Department increase competition, to save tax- allow companies to engage in tax sav- of Homeland Security, why limit it to payers money, but restrictions such as ing techniques not available to most the Department of Homeland Security? this discourage companies from bid- individual taxpayers and yet still be el- Let’s prohibit them from doing busi- ding in the first place. We do not want igible for important and profitable gov- ness with—I guess, the closest com- to end up in a situation where DHS has ernment contracts, would in the words parable department would be the De- to rely on sole-source vendors because of the Treasury Department, ‘‘reduce partment of Defense. But the Depart- we prohibit the Department from con- confidence in the fairness of the tax ment of Defense uses satellites of tracting with an inverted corporation. system.’’ Intelsat. The least we could do is provide the U.S. companies that have decided to I do not know the extent of the traf- Secretary with the authority to waive move offshore currently hold at least fic, but I think it is significant, and I the ban in order to ensure competition $2 billion worth of contracts with the know it is important to the national in the bidding process. That procure- Federal Government. We have a re- security of this country. Intelsat is a ment bar is a serious sanction, reserved sponsibility to ensure that these off- Bermuda company, and it is an inver- only for egregious conduct such as shore shell companies are not rewarded sion. That is the sort of thing we are fraud or criminal offenses in connec- for turning their backs on America. dealing with, if thoughtful people tion with obtaining the contract or And that is exactly what this Amend- think this thing through before we fin- performing a public contract. ment does. ish up this process. What is important to Government At a time when confidence in U.S. Another result of this amendment procurement officials when evaluating business practices is at an all time low, would be to allow foreign companies a contract bid is not where the bidding when the country is engaged in foreign that have always been foreign compa- company is headquartered. They look policy challenges, and when CBO is nies to be able to bid on Department of at where the work is to be done, wheth- projecting lasting deficits until 2006 we Homeland Security contracts. But it er the company will do a good job, and cannot continue to condone this prac- would preclude foreign companies that whether the bid is cost effective. tice, and we surely cannot allow the have at one time in the past been Whether or not you believe corporate Government to continue to allow this headquartered in the United States inversions should be prohibited, the unfair loophole to continue. Offshore from bidding on those contracts, even fact of the matter is that inversion tax havens are a massive $200 billion if the work would be performed in the transactions are legal under the cur- loss of U.S. tax revenue that should United States by American workers. rent tax laws. Because the amendment September 5, 2002 CONGRESSIONAL RECORD — SENATE S8261 is retroactive, it would bar companies here and say: We will just knock it out It seems to me that a company that that have engaged in legal behavior— in the conference committee; never has grown up in America and that has an inversion—from bidding on DHS mind that the vast majority of people benefitted from American workers and contracts. The inversion could have oc- think, of course, this is about tax all that America does to create a cli- curred a year ago or 10 years ago. Ei- avoidance; of course, we know what we mate for enterprise, economic growth, ther way, these companies had no way are doing. Don’t worry about that be- and markets for goods and services of knowing that they could be banned cause it will be business as usual. We that are provided ought to, as an act of from bidding on federal contracts if will just go to the conference com- citizenship, even though it might not they inverted. mittee and knock it out. be illegal to go offshore, as an act of This amendment’s definition of an in- I want to say to my colleagues that I citizenship pay its fair share of taxes. version is problematic, because it believe there are many Senators and My dad was a small businessman. He would snag any company that inverted representatives in that conference did well as he went along. I always re- at any time if 50 percent of the share- committee who will make sure that member, it makes me think that I was holders are the same before and after doesn’t happen. I sure will be moni- raised in an age longer ago than it was. the inversion. This amendment would toring this. It will become law. It is In fact, my dad used to say: I never not just go after the sham transactions not going away. We will not be back to complain about paying taxes because that are targeted by the Finance Com- the business of helping these corpora- the taxes I pay are the price I pay as a mittee bill. It would also catch compa- tions with all their egregious behavior businessman for doing business in this nies that engaged in inversion trans- and thinking they can get away with country, for the extraordinary not only actions for legitimate business reasons. it. It doesn’t work that way any longer. blessings of liberty that America gives, The Finance Committee-reported bill It is a new world. People do not stand but as part of that, the blessings of has an 80 percent shareholder test, for that kind of egregious behavior. economic opportunity that are allowed which is intended to target the most That is the standard of ordinary citi- me—dad never went to college—to egregious transactions. zens and good public policy. start this business and be able to make It is important to note that these The PRESIDING OFFICER. The Sen- enough money to send my kids to col- companies do and will pay U.S. tax on ator from Connecticut. lege and graduate school. the income earned from their govern- Mr. LIEBERMAN. I thank the Chair. That ethic, which is still shared by ment contracts regardless of whether Mr. President, I want to speak in the great majority of businesses in our they are headquartered in the U.S. favor of the amendment that the Sen- country, including particularly, may I The amendment does not address the ator from Minnesota has introduced, say, small businesses that don’t have root cause of corporate inversions, which has been adopted, as amended. I the wherewithal to kind of wriggle which is our highly complex foreign want to say to him that not only do I their way through the legal system, is tax regime that taxes companies on a support it personally, but as the man- not reflected as often in the actions worldwide basis. U.S. tax laws put do- ager of this bill and as chairman of the that we have seen documented so well. mestic companies at a distinct dis- Governmental Affairs Committee, from I share the view of many of my col- advantage relative to their foreign which the underlying bill has emerged, leagues that we should close the tax competitors who are taxed on a terri- when we go into conference on this bill loophole to prevent companies from torial basis. with the House, I will naturally have in further irresponsible behavior. That is That is the heart of the problem. mind not only my personal support of the most direct way to address the That is the root cause, and that is what the Senator’s amendment but the fact problem. But I also support this we ought to be addressing. that the Senate has adopted the amendment, which sends a simple and I thank the Chair. I yield the floor. amendment by voice vote unani- profound message: if you don’t want to The PRESIDING OFFICER. Under mously. I will be pledged to do every- participate as U.S. citizens and pay the previous order, the Senator from thing I can to keep it in the ultimate your fair share of taxes, then don’t ex- Connecticut is recognized for up to 10 conference report, particularly since pect to make billions of dollars of prof- minutes. the House has adopted a similar its from U.S. government contracts Mr. WELLSTONE. Mr. President, I amendment. that are paid with the tax dollars of wonder if I could have 2 minutes. Mr. President, I want to speak briefly Americans who pay their fair share in Mr. LIEBERMAN. Mr. President, I on this. I think the Senator has done taxes. yield 2 minutes of my time to the Sen- something that is important and that My State of Connecticut has some re- ator from Minnesota. is just. He attached this to a bill on cent history on this issue—history with The PRESIDING OFFICER. The Sen- homeland security. But it responds to a a happy ending—that I would like to ator from Minnesota. broader problem. It does, in a sense, relate to the Senate. Back in May, Mr. WELLSTONE. Mr. President, touch the same spirit of patriotism StanleyWorks, a proud company based that is very gracious of the Senator that we generally responded to after in New Britain, wanted to pack its cor- from Connecticut. the events of September 11 which en- porate bags and reconstitute in Ber- I just wanted to say again that I ap- gendered the basic bill before us. It is muda. And not because its executives preciate the remarks of both of my col- this notion that a significant number wanted to try driving on the left side of leagues. I did want to address one point of American businesses that have been the road. It was because some of its that was made by my colleague from born and grown up here, benefitted leadership decided it would be nice to Texas, which is to say this won’t be- from all the opportunities that Amer- avoid paying taxes to the United come law when almost the identical ica provides, decided to wriggle their States of America. provision was passed in the House and way out of the taxes and locate off- It is sad and ironic, when you think the Senate has agreed to it. I believe shore to avoid paying taxes to the about it. This company was founded in the chairman of the Senate Govern- United States of America. This is just ‘‘New Britain’’—a name that calls to mental Affairs Committee is com- wrong. It is like so much else that is mind our roots as 13 colonies that mitted to it. I believe there are many going on around it. broke away from the mother country people in the House who are as well. Unfortunately, more than a few of because she tried to tax us from afar I will tell you one other thing. The our biggest companies have chosen to without giving us the rights, represen- public is committed to this as well. incorporate overseas and thereby avoid tation, and respect that we deserved. There are going to be a lot of people paying U.S. taxes. And here was a New Britain-based com- looking at the conference committee. Evidently, these companies have pany thinking of setting up a shell in The only time I get feisty is when asked themselves if it is legal instead Bermuda to avoid paying taxes even there is an implication: Oh, well, you of asking if it is right or wrong. They though it is in every other way a full- know we don’t want to go on record be- have had some lawyers or accountants fledged citizen of our United States. cause we are afraid to oppose it, which tell them it is legal to do this. Legality StanleyWorks started in 1843 when I think is unfair implication. I think it isn’t the only standard for what is an enterprising businessman named is bad public policy. They come out right and wrong. Frederick Trent Stanley set up a small S8262 CONGRESSIONAL RECORD — SENATE September 5, 2002 shop to make door bolts and other vory. If a U.S. company wants to bid The thing is, we have been waiting to hardware from wrought iron. It was for work to defend the homeland—work finish this Smith-Boxer amendment. one of dozens of small foundries and that is being paid for in the tax dollars We would like to get that done. But if other backyard industries in town of its customers, among others—how you have the understanding that you struggling to make a go of it by turn- can that company not even pledge alle- were to speak for 40 minutes—— ing out metal products—but Stanley giance, in the most basic fiscal sense, Mr. GRAMM. Mr. President, probably had a special innovative spirit and an to the United States of America? we could move everything along by my uncommon passion for doing things This measure that the Senator from just starting and trying to be expedi- right. So, as often happens in America, Minnesota has attached is right on tar- tious. I speak slowly, so I will try not what began as a modest enterprise get. It says if an American-based com- to repeat myself. prospered and grew. pany is not willing to pay taxes to Mr. REID. The Senator has the floor, To see this company so willing to America, they ought not to receive and he has the right. I would just indi- scrap its proud history and proud pres- contracts through the new Department cate to everyone, we are going to have ence in my State, and to see similar of Homeland Security that we are es- a vote sometime this afternoon on the things happening around the country, tablishing in this bill, which after all Smith-Boxer amendment. Everyone really got me angry. It got a lot of us are contracts that will be paid for by has agreed that would take place. So angry. And with good reason. Thou- taxes paid by American companies. To everyone should understand that after sands and thousands of hardworking me, that seems to be elementary fair- the Senator from Texas completes his small businesses like the business my ness. statement, Senator BOXER will modify father owned and operated, and thou- So I close with a quote from Paul her amendment to meet a couple of the sands of corporations, contribute to Krugman of the New York Times, objections that were raised, and then America every single day—not only the which I think says it well, when he she will speak, Senator SMITH will way that all businesses do, by pro- wrote: speak, and maybe even Senator HOL- ducing jobs for Americans—but also by [T]he trouble is that hinting, even by si- LINGS will come and speak. paying their fair share of taxes. Mean- lence, that it’s O.K. not to pay taxes is a So I would estimate that probably at while, other companies have the gall to dangerous game. . . . Accountants and tax around 4:30 or thereabouts we could look for a clever way to fatten their planners have taken the hint; they now be- have a vote on the Smith amendment. bottom line and get an edge over their lieve that it’s safe to push the envelope. . . . I think that would be all of the legisla- competitors who play by the rules. Furthermore, what does it say to the nation tion on this bill today. when companies that are proud to stay That is why in May I cosponsored the The PRESIDING OFFICER (Mr. CAR- American are punished, while companies bill by Senators BAUCUS and GRASSLEY PER). The Senator from Texas. to close the tax loophole that Stanley that are willing to fly a flag of convenience are rewarded? Mr. GRAMM. Mr. President, we have attempted to exploit, and supported started the debate on homeland secu- That is what this amendment is all adding to that bill a provision pre- rity, and one of the things that has about and why I was pleased to support venting overseas tax dodgers from com- struck me is that while we have talked it on the voice vote and why I intend to peting for or receiving federal con- about the President’s request for flexi- work with all the strength and skill I tracts. bility—about his ability, in a national have in the conference committee to I am proud that at least in my State, emergency, to override collective bar- make sure it is part of the final con- at least with StanleyWorks, a little bit gaining agreements—the debate, to ference report that comes back to the of shame seemed to have an effect. this point, has basically been in the ab- Senate with this bill. StanleyWorks decided not to go over- stract. So while it does not make for a seas after all. They made the right de- I thank the Chair and yield the floor. Several Senators addressed the pretty speech, I would like to try to cision, and I appreciate it. get specific this afternoon for 20 min- But other corporations are still busy Chair. utes and try to give some concrete ex- relinquishing their American citizen- The PRESIDING OFFICER. The Sen- amples as to what this debate is about. ship and, in the process, relinquishing ator from Texas. Mr. GRAMM. Mr. President, I think The President has said that in order their good corporate citizenship in the to protect the American homeland, he very same act. Mr. President, when you under the unanimous consent request I needs the ability to put the right per- wriggle out of taxes you wriggle out of have 20 minutes to speak on the bill. son in the right place at the right time, responsibility. When you evade the We have been talking about the amend- and that he also needs the ability to basic requirements that everybody else ment of the Senator from Minnesota, move or remove people who are not ca- meets, you erode our common bonds as and I had yet to get the 20 minutes. I pable of doing the job that needs to be a community. It may seem to make think maybe the Senator from Cali- done in order to protect our country, sense for individual companies at first fornia was under the impression that I its people, its property. when they’re viewing through the nar- had spoken before that debate but—— I would like to just note the fol- row and amoral blinders of the bottom Mr. LIEBERMAN. Mr. President, if lowing things on this issue. No. 1, this line, but it’s downright destructive for the Senator will yield? is not a new concern. In 1984, the Grace American society as a whole. The PRESIDING OFFICER. The Sen- And I must say, in the end it may not ator from Connecticut. Commission stated: help a company’s bottom line either, Mr. LIEBERMAN. It was my under- The lack of integration of the INS, the and this amendment helps make that standing, in the unanimous consent Border Patrol, and the Customs Service would lead to security breakdowns. clear. The fact is, when a company agreement Senator REID propounded, thumbs its nose at the country that that Senator GRAMM would have a That was the Grace Commission in gives it the opportunity to prosper, it total of 20 minutes, which he could use 1983. loses credibility. It loses trust. It loses either to speak on the Wellstone Does anybody doubt when INS ap- respect. It loses customers. And, yes, amendment or more generally on the proved a visa for two of the people who though it may seem that way based on bill. flew airplanes into the World Trade the initial calculations of the CFO, it I see Senator REID in the Chamber. Center, after their pictures and names loses money. Perhaps he can clarify. have been on every television station Good ethics make good business. This Mr. REID. Will the Senator from and every front page of every news- amendment leaves no doubt about that Texas yield? paper in the world, that the concern fact. The border, in this case, is the Mr. GRAMM. I will be happy to yield. expressed by the Grace Commission in line between right and wrong. We in Mr. REID. I thought you were going 1983 has been borne out? Congress have to draw that line—to say to speak 20 minutes on the Wellstone In 1989, the Volcker Commission, on that if you cross it, you will not be eli- amendment, and then Senator the National Commission on Public gible for Federal contracts. Plain and WELLSTONE would speak for 20 minutes, Service, concluded: simple. and then 20 minutes for the two man- The current system—— In the context of Homeland Security, agers. But if you want to speak on the They are talking about our system of these actions seem even more unsa- bill, that certainly is your right. hiring, firing, and promoting. September 5, 2002 CONGRESSIONAL RECORD — SENATE S8263 The current system is slow, it is legally I just want people to look at the ing the new shift affected overtime and trampled, and intellectually confusing. It is facts and see that under the Presi- differential pay of existing workers and impossible to explain to potential can- dent’s bill, only 6 of the 70 chapters in had to be negotiated with the union. didates. It is almost certainly not fit for fill- ing the spirit of our mandate to hire the the Federal Registry governing the The Federal Labor Relations Authority most meritorious candidates. civil service system are modified, and agreed that new shifts of border inspec- Does anybody doubt that the young none of them is repealed. tors could not be added without a col- Another area where people are won- lady who was an FBI agent who tried lective bargaining agreement. dering what are all these politicians to warn headquarters that we had sus- Do we really think the President talking about is this whole area of col- pected terrorists taking lessons on fly- ought to have the ability to add per- lective bargaining. Why, in this area of ing planes but not on landing them sonnel if our lives are at stake? I think should have been promoted and given a national security, in order to get a de- the answer is yes. raise? I think the concerns of the cision made and to get up our shield Another example: Collective bar- Volcker Commission in 1989 have been and to protect our people, does the gaining agreements could prohibit spe- borne out. President want to be able to waive col- cial task forces of the Border Patrol And then the U.S. Commission on lective bargaining agreements on a se- from being deployed in any region. Let National Security, chaired by our dear lective basis? me read you the union agreement and friend and former colleague, Warren I simply picked out 8 that are very what it requires for deploying Border Rudman, stated: different to give you examples of the Patrol. I am not criticizing them. I kind of problem you have in trying to An agile, flexible personnel system is re- have been maybe the biggest supporter quired for us to have a successful defense of make the Government work. Please of the Border Patrol. Under normal cir- the American homeland. forgive my clumsiness in reading them, cumstances, when you are posting peo- We can debate whether the current but they are pretty revealing. ple, you want them to be posted in system is flexible enough, but let me No. 1: Collective bargaining agree- areas where they can preserve the basic just let the facts speak for themselves. ments can prohibit improvements to quality of life. But let me read to you And they are pretty simple facts. border protection in inspection areas. what the union agreement says. Let me give an example. In 1987, the Mr. President, 1,800,000 people worked They have to be posted where there Customs Service office at Logan Air- for the Federal Government in the year are ‘‘suitable eating places, drug port was renovated with a minor 2000—1,800,000. How many do you think stores, barber shops, places of worship, change in the area where the baggage were fired because they were incapable cleaning establishments, and similar of international flight passengers was of doing their job? With 1,800,000 people places necessary’’ to sustain the com- inspected. The National Treasury Em- working for the Federal Government, fort or health of the employees. ployees Union objected, saying the ren- how many of them do you think lost In peacetime, when we are getting ovation had to be part of a collective their job because they were not getting the job done, that is perfectly reason- bargaining agreement. The Federal it done? The answer: 6. able. But are we going to stand by and Labor Relations Authority ruled that In 2001, how many Government em- let a union work agreement say that the Customs Service could not ren- ployees do you think lost their job out we can’t, in an emergency, deploy the ovate its baggage inspection areas of 1.8 million because they were not Border Patrol where there are no dry without a collective bargaining agree- getting the job done? The answer: 3. cleaners? I don’t think so. Does anybody believe that all but ment. Another example: Collective bar- three Federal employees in all of Are we kidding? Are we going to put gaining agreements could prohibit the America, in every agency combined, American lives at stake over changing forward deployment of the best Cus- would have met the standards of the collective bargaining agreements so toms Service inspectors to foreign private sector to keep their job? I do that we can upgrade inspection areas? I ports to inspect container ships des- not think so. don’t think so. I don’t think that is Only 500 people out of the 1.8 million protecting workers or protecting jobs. I tined for the United States. Unions are people who worked for the Federal think that is protecting the status quo currently negotiating with the Cus- Government were demoted in the year and exposing Americans to being hurt. toms Service to determine which in- 2000 for lack of performance. Only 600 Let me give another example: Collec- spectors will be shifted abroad based were denied pay raises. tive bargaining agreements can pro- not on merit, but on seniority. Think about that. The vast majority hibit agencies from working together When we have a critical area where of people who got bad ratings—over 99 to protect the border. President Clin- people’s lives are at stake, we can’t be percent of the people who work for the ton’s drug czar, Barry McCaffrey, as fooling around with seniority. We have Federal Government who were given many will remember, noted the sepa- to give the President the right to say: failing grades on their evaluations—got rate union rules that controlled how Look, that agreement is perfectly good automatic pay increases with the Fed- its inspectors would search vehicles. under ordinary circumstances, and at eral Government. No wonder two- According to the San Francisco Exam- the post office we are going to agree thirds of Federal workers, in inde- iner—this is General McCaffrey speak- with it. But when people’s lives are at pendent polls that have been con- ing— stake, we are not going to be fooling ducted, believe that poor performers Officials at one agency were actually for- around where we can’t put the best per- are not adequately disciplined. Fur- bidden to open the trunks of cars, a policy son in the best place. That is what this ther, nearly half of all Federal workers well known to drug dealers. debate is about. believe that job performance has little We are not asking people to share Another example: Collective bar- or nothing to do with a chance for pro- toothbrushes. We are just asking that gaining agreements could prohibit motion. the President have the ability to joint- agencies from implementing a new It seems to me when you look at ly train people at the Border Patrol body search policy on detainees. Listen these facts, the President is simply and at INS and at Customs so that they to this one. In 1995, the INS sought to asking, in the area where life and death can work together. This is a perfect ex- change its policies regarding body are at stake, to have greater flexibility ample of where that has not happened. searches and detentions in order to in being sure we hire the right person; Another example: Collective bar- protect employees from harm and the it does not take 6 months to do it; and gaining agreements could prohibit Service from lawsuits. The American if somebody is clearly not doing the agencies from increasing the number of Federation of Government Employees job, that we at least move them out of immigration inspectors. In 1990, the insisted that no change in body search these highly sensitive areas. Immigration and Naturalization Serv- policy occur until a broader collective In listening to people who are defend- ice added an extra shift at the Hono- bargaining agreement was reached. ing workers instead of defending the lulu International Airport to handle a When the INS implemented the new homeland, you get the idea that the surge of international flights in the policy, the union challenged it before President is proposing a wholesale re- afternoon. The American Federation of the Federal Labor Relations Authority, writing of personnel laws. Government Employees objected, say- and they ruled that the new body S8264 CONGRESSIONAL RECORD — SENATE September 5, 2002 search policy could not be imple- guarantee the money will not be well hands-free wireless communications devices mented without a new collective bar- spent. to permit pilots to monitor activities in the gaining agreement. I understand the power of special in- cabin. The President is asking for flexi- terest groups. I understand that people SEC. ll3. FEDERAL FLIGHT DECK OFFICER PRO- bility in the name of national security. have other concerns in national secu- GRAM. (a) IN GENERAL.—Subchapter I of chapter This is exactly the kind of cir- rity. But I think, under the cir- 449 of title 49, United States Code, is amend- cumstance he is talking about. When cumstances, given the crisis that we ed by adding at the end the following: we have people at these press con- face, that those who say the President ‘‘§ 44921. Federal flight deck officer program ferences saying, protect our workers, is trying to trample on labor rights, ‘‘(a) ESTABLISHMENT.—Not later than 90 they are not talking about protecting trying to take away from unions their days after the date of enactment of the Arm- workers, they are talking about pro- power, I don’t think they have a leg to ing Pilots Against Terrorism and Cabin De- tecting agreements that don’t make stand on. I think if my colleagues fense Act of 2002, the Under Secretary of any sense, given that we have had over would look at these examples, they Transportation for Security shall establish a 3,000 of our fellow citizens killed. show very clearly exactly the kind of program to deputize qualified pilots of com- Let me give you a couple more exam- thing we have to do. mercial cargo or passenger aircraft who vol- ples. Collective bargaining agreements Finally, I believe that the vast ma- unteer for the program as Federal law en- could prohibit agencies from canceling jority of people who are going to be in forcement officers to defend the flight decks of commercial aircraft of air carriers en- annual leave during a border crisis. In these emergency agencies would like to have these restrictions removed. They gaged in air transportation or intrastate air 2000, the Customs Service was pushing transportation against acts of criminal vio- a drug interdiction effort along the would like to have promotions based on lence or air piracy. Such officers shall be Florida coast. When annual leave was merit. They would like incompetents known as ‘Federal flight deck officers’. The canceled, the union filed a grievance on who endanger their lives, as much or program shall be administered in connection behalf of those Customs officers who more than they endanger our lives, to with the Federal air marshal program. wanted to attend the World Police and be removed. That is what this debate is ‘‘(b) QUALIFIED PILOT.—Under the program about. We have been sort of shouting described in subsection (a), a qualified pilot Firearms Games. The FLRA ruled that is a pilot of an aircraft engaged in air trans- despite the interdiction effort, annual back and forth at each other, and I thought it was important to come over portation or intrastate air transportation leave could not be canceled. who— When people are saying the President and put some meat on the bones and ‘‘(1) is employed by an air carrier; doesn’t need this authority and these give concrete examples. ‘‘(2) has demonstrated fitness to be a Fed- agreements are sacred, is anybody will- I yield the floor. eral flight deck officer in accordance with ing to say that in order to protect peo- The PRESIDING OFFICER. The Sen- regulations promulgated pursuant to this ple’s right to go to some conference, we ator from California is recognized. title; and are going to deny the President the AMENDMENT NO. 4492, AS MODIFIED ‘‘(3) has been the subject of an employment Mrs. BOXER. Mr. President, I send a investigation (including a criminal history ability to say no, today we are going to record check) under section 44936(a)(1). protect people’s lives in your home- modified amendment to the desk, which has been cleared by Senator ‘‘(c) TRAINING, SUPERVISION, AND EQUIP- town? I don’t think so. MENT.—The Under Secretary of Transpor- SMITH and myself, regarding training Let me give you one more example. tation for Security shall provide or make ar- Collective bargaining agreements could for pilots and flight attendants. rangements for training, supervision, and prohibit agencies from disbanding a The PRESIDING OFFICER. Without equipment necessary for a qualified pilot to single office. In 1991, INS attempted to objection, the amendment is so modi- be a Federal flight deck officer under this shut down a unit facility due to a fied. section at no expense to the pilot or the air The amendment (No. 4492), as modi- steady decrease in activity and staff- carrier employing the pilot. Such training, fied, is as follows: qualifications, curriculum, and equipment ing. No more than two union workers There being no objection, the mate- shall be consistent with and equivalent to were at the facility in its last year, and rial was ordered to be printed in the those required of federal law enforcement of- one manager was capable of handling RECORD, as follows: ficers and shall include periodic re-qualifica- the workload. Yet, the union chal- tion as determined by the Under Secretary. In lieu of the matter proposed to be in- The Under Secretary may approve private lenged the move and the Federal Labor serted, insert the following new title: Relations Authority ruled that the training programs which meet the Under TITLE ll—FLIGHT AND CABIN SECURITY Secretary’s specifications and guidelines. Air elimination of any unit could not occur ON PASSENGER AIRCRAFT until the collective bargaining agree- carriers shall make accommodations to fa- SECTION ll1. SHORT TITLE. cilitate the training of their pilots as Fed- ment was changed. This title may be cited as the ‘‘Arming Pi- eral flight deck officers and shall facilitate So when we are talking about giving lots Against Terrorism and Cabin Defense Federal flight deck officers in the conduct of the President, for national security Act of 2002’’. their duties under this program. reasons, the right to waive these work SEC. ll2. FINDINGS. ‘‘(d) DEPUTIZATION.— rules, this is exactly the kind of thing Congress makes the following findings: ‘‘(1) IN GENERAL.—The Under Secretary of that we are talking about. When peo- (1) Terrorist hijackers represent a profound Transportation for Security shall train and ple’s lives are at stake, should we be threat to the American people. deputize, as a Federal flight deck officer (2) According to the Federal Aviation Ad- able to deploy the Border Patrol on a under this section, any qualified pilot who ministration, between 33,000 and 35,000 com- submits to the Under Secretary a request to sustained basis where they don’t have mercial flights occur every day in the United be such an officer. dry cleaners? When people’s lives are at States. ‘‘(2) INITIAL DEPUTIZATION.—Not later than stake, should we be able to change fa- (3) The Aviation and Transportation Secu- 120 days after the date of enactment of this cilities without renegotiating union rity Act (Public Law 107–71) mandated that section, the Under Secretary shall deputize contracts? When lives are at stake, air marshals be on all high risk flights such not fewer than 500 qualified pilots who are should we be able to require that peo- as those targeted on September 11, 2001. former military or law enforcement per- ple that were attending some con- (4) Without air marshals, pilots and flight sonnel as Federal flight deck officers under attendants are a passenger’s first line of de- ference stay on their job to protect our this section. fense against terrorists. ‘‘(3) FULL IMPLEMENTATION.—Not later than fellow citizens? That is what this de- (5) A comprehensive and strong terrorism 24 months after the date of enactment of this bate is about. prevention program is needed to defend the section, the Under Secretary shall deputize The President has asked for the right Nation’s skies against acts of criminal vio- any qualified pilot as a Federal flight deck to use a policy that has been available lence and air piracy. Such a program should officer under this section. to every President for the last 20 years. include— ‘‘(e) COMPENSATION.—Pilots participating Yet, in this bill, when we are supposed (A) armed Federal air marshals; in the program under this section shall not to be promoting homeland security, (B) other Federal agents; be eligible for compensation from the Fed- that right is taken away from the (C) reinforced cockpit doors; eral Government for services provided as a (D) properly-trained armed pilots; Federal flight deck officer. President. So what has happened here (E) flight attendants trained in self-defense ‘‘(f) AUTHORITY TO CARRY FIREARMS.—The is we are providing a lot more money, and terrorism prevention; and Under Secretary of Transportation for Secu- and that will help. But we are imposing (F) electronic communications devices, rity shall authorize a Federal flight deck of- restrictions on the President that such as real-time video monitoring and ficer under this section to carry a firearm to September 5, 2002 CONGRESSIONAL RECORD — SENATE S8265 defend the flight deck of a commercial pas- thwart criminal violence or aircraft piracy, ‘‘(F) Live situational simulation joint senger or cargo aircraft while engaged in as added by section 144 of public law 107–71) training exercises regarding various threat providing air transportation or intrastate air as subsection (k). conditions, including all of the elements re- transportation. No air carrier may prohibit a (b) AVIATION CREWMEMBER SELF-DEFENSE quired by this section. Federal flight deck officer from carrying a DIVISION.—Section 44918 of title 49, United ‘‘(G) Flight deck procedures or aircraft ma- firearm in accordance with the provisions of States Code, is amended— neuvers to defend the aircraft. the Arming Pilots Against Terrorism and (1) by striking subsection (a) and inserting ‘‘(2) PROGRAM ELEMENTS FOR INSTRUC- Cabin Defense Act of 2002. the following new subsection: TORS.—The requirements prescribed under ‘‘(g) AUTHORITY TO USE FORCE.—Notwith- ‘‘(a) IN GENERAL.— subsection (a) shall contain program ele- standing section 44903(d), a Federal flight ‘‘(1) REQUIREMENT FOR AIR CARRIERS.—Not ments for instructors that include, at a min- deck officer may use force (including lethal later than 60 days after the date of enact- imum, the following: force) against an individual in the defense of ment of the Arming Pilots Against Ter- ‘‘(A) A certification program for the in- a commercial aircraft in air transportation rorism and Cabin Defense Act of 2002, the structors who will provide the training de- or intrastate air transportation if the officer scribed in paragraph (1). reasonably believes that the security of the Under Secretary of Transportation for Secu- rity, shall prescribe detailed requirements ‘‘(B) A requirement that no training ses- aircraft is at risk. sion shall have fewer than 1 instructor for ‘‘(h) LIMITATION ON LIABILITY.— for an air carrier cabin crew training pro- gram, and for the instructors of that pro- every 12 students. ‘‘(1) LIABILITY OF AIR CARRIERS.—An air ‘‘(C) A requirement that air carriers pro- carrier shall not be liable for damages in any gram as described in subsection (b) to pre- pare crew members for potential threat con- vide certain instructor information, includ- action brought in a Federal or State court ing names and qualifications, to the Avia- arising out of the air carrier employing a ditions. In developing the requirements, the Under Secretary shall consult with appro- tion Crew Member Self-Defense Division pilot of an aircraft who is a Federal flight within 30 days after receiving the require- priate law enforcement personnel who have deck officer under this section or out of the ments described in subsection (a). expertise in self-defense training, security acts or omissions of the pilot in defending an ‘‘(D) Training course curriculum lesson experts, and terrorism experts, and rep- aircraft of the air carrier against acts of plans and performance objectives to be used resentatives of air carriers and labor organi- criminal violence or air piracy. by instructors. zations representing individuals employed in ‘‘(2) LIABILITY OF FEDERAL FLIGHT DECK OF- ‘‘(E) Written training bulletins to reinforce commercial aviation. FICERS.—A Federal flight deck officer shall course lessons and provide necessary pro- ‘‘(2) AVIATION CREWMEMBER SELF-DEFENSE not be liable for damages in any action gressive updates to instructors. DIVISION.—Not later than 60 days after the brought in a Federal or State court arising ‘‘(3) RECURRENT TRAINING.—Each air carrier date of enactment of the Arming Pilots out of the acts or omissions of the officer in shall provide the training under the program Against Terrorism and Cabin Defense Act of defending an aircraft against acts of crimi- every 6 months after the completion of the 2002, the Under Secretary of Transportation nal violence or air piracy unless the officer initial training. for Security shall establish an Aviation Crew is guilty of gross negligence or willful mis- ‘‘(4) INITIAL TRAINING.—Air carriers shall Self-Defense Division within the Transpor- conduct. provide the initial training under the pro- tation Security Administration. The Divi- ‘‘(3) EMPLOYEE STATUS OF FEDERAL FLIGHT gram within 24 months of the date of enact- sion shall develop and administer the imple- DECK OFFICERS.—A Federal flight deck officer ment of the Arming Pilots Against Ter- mentation of the requirements described in shall be considered an ‘employee of the Gov- rorism and Cabin Defense Act of 2002. this section. The Under Secretary shall ap- ernment while acting within the scope of his ‘‘(5) COMMUNICATION DEVICES.—The require- point a Director of the Aviation Crew Self- office or employment’ with respect to any ments described in subsection (a) shall in- Defense Division who shall be the head of the act or omission of the officer in defending an clude a provision mandating that air carriers Division. The Director shall report to the aircraft against acts of criminal violence or provide flight and cabin crew with a discreet, Under Secretary. In the selection of the Di- air piracy, for purposes of sections 1346(b), hands-free, wireless method of commu- rector, the Under Secretary shall solicit rec- 2401(b), and 2671 through 2680 of title 28 nicating with the flight deck. ommendations from law enforcement, air United States Code. ‘‘(6) REAL-TIME VIDEO MONITORING.—The re- carriers, and labor organizations rep- ‘‘(i) REGULATIONS.—Not later than 90 days quirements described in subsection (a) shall resenting individuals employed in commer- after the date of enactment of this section, include a program to provide flight deck the Under Secretary of Transportation for cial aviation. The Director shall have a crews with real-time video surveillance of Security, in consultation with the Firearms background in self-defense training, includ- the cabins of commercial airline flights. In Training Unit of the Federal Bureau of In- ing military or law enforcement training developing this program, the Under Sec- vestigation, shall issue regulations to carry with an emphasis in teaching self-defense retary shall consider— out this section. and the appropriate use force. Regional ‘‘(A) maximizing the security of the flight ‘‘(j) PILOT DEFINED.—In this section, the training supervisors shall be under the con- deck; term ‘pilot’ means an individual who is re- trol of the Director and shall have appro- ‘‘(B) enhancing the safety of the flight sponsible for the operation of an aircraft, priate training and experience in teaching deck crew; and includes a co-pilot or other member of self-defense and the appropriate use of ‘‘(C) protecting the safety of the pas- the flight deck crew.’’. force.’’; sengers and crew; (b) CONFORMING AMENDMENTS.— (2) by striking subsection (b), and inserting ‘‘(D) preventing acts of criminal violence (1) CHAPTER ANALYSIS.—The analysis for the following new subsection: such chapter 449 is amended by inserting or air piracy; ‘‘(b) PROGRAM ELEMENTS.— after the item relating to section 44920 the ‘‘(E) the cost of the program; ‘‘(1) IN GENERAL.—The requirements pre- ‘‘(F) privacy concerns; and following new item: scribed under subsection (a) shall include, at ‘‘(G) the feasibility of installing such a de- ‘‘44921. Federal flight deck officer program.’’. a minimum, 28 hours of self-defense training vice in the flight deck.’’; and (2) EMPLOYMENT INVESTIGATIONS.—Section that incorporates classroom and situational (3) by adding at the end the following new 44936(a)(1)(B) is amended— training that contains the following ele- subsections: (A) by aligning clause (iii) with clause (ii); ments: ‘‘(f) RULEMAKING AUTHORITY.—Notwith- (B) by striking ‘‘and’’ at the end of clause ‘‘(A) Determination of the seriousness of standing subsection (j) (relating to authority (iii); any occurrence. to arm flight deck crew with less than-lethal (C) by striking the period at the end of ‘‘(B) Crew communication and coordina- weapons) of section 44903, of this title, within clause (iv) and inserting ‘‘; and’’; and tion. 180 days after the date of enactment of the (D) by adding at the end the following: ‘‘(C) Appropriate responses to defend one- Arming Pilots Against Terrorism and Cabin ‘‘(v) qualified pilots who are deputized as self, including a minimum of 16 hours of Defense Act of 2002, the Under Secretary of Federal flight deck officers under section hands-on training, with reasonable and effec- Transportation for Security, in consultation 44921.’’. tive requirements on time allotment over a 4 with persons described in subsection (a)(1), (3) FLIGHT DECK SECURITY.—Section 128 of week period, in the following levels of self- shall prescribe regulations requiring air car- the Aviation and Transportation Security defense: riers to— Act (49 U.S.C. 44903 note) is repealed. ‘‘(i) awareness, deterrence, and avoidance; ‘‘(1) provide adequate training in the prop- SEC. ll4. CABIN SECURITY. ‘‘(ii) verbalization; er conduct of a cabin search and allow ade- (a) TECHNICAL AMENDMENTS.—Section ‘‘(iii) empty hand control; quate duty time to perform such a search; 44903, of title 49, United States Code, is ‘‘(iv) intermediate weapons and self-de- and amended— fense techniques; and ‘‘(2) conduct a preflight security briefing (1) by redesignating subsection (h) (relat- ‘‘(v) deadly force. with flight deck and cabin crew and, when ing to authority to arm flight deck crew ‘‘(D) Use of protective devices assigned to available, Federal air marshals or other au- with less-than-lethal weapons, as added by crewmembers (to the extent such devices are thorized law enforcement officials. section 126(b) of Public Law 107–71) as sub- approved by the Administrator or Under Sec- ‘‘(g) LIMITATION ON LIABILITY.— section (j); and retary). ‘‘(1) AIR CARRIERS.—An air carrier shall not (2) by redesignating subsection (h) (relat- ‘‘(E) Psychology of terrorists to cope with be liable for damages in any action brought ing to limitation on liability for acts to hijacker behavior and passenger responses. in a Federal or State court arising out of the S8266 CONGRESSIONAL RECORD — SENATE September 5, 2002 acts or omissions of the air carrier’s training thanks and support for your amendment to she wants to get this very extensive instructors or cabin crew using reasonable the pending homeland security legislation. training—and we have strengthened it and necessary force in defending an aircraft The Boxer-Smith amendment creates a pro- with the Feinstein language—and be of the air carrier against acts of criminal vi- gram allowing volunteer pilots who meet qualified to defend the plane, as a last olence or air piracy. strict federal qualification standards to re- ‘‘(2) TRAINING INSTRUCTORS AND CABIN ceive training to become federal flight deck resort, if someone does break through CREW.—An air carrier’s training instructors officers, authorized to defend the cockpit the doors, under this amendment, they or cabin crew shall not be liable for damages against acts of criminal violence and air pi- will have video cameras in the cockpit, in any action brought in a Federal or State racy. which is what I wanted so much. That court arising out of an act or omission of a Our nation has suffered greatly as a result is kind of a rear-view mirror. And Sen- training instructor or a member of the cabin of the events of September 11. More than ator SMITH put in wireless communica- crew regarding the defense of an aircraft 3,000 people were murdered, billions of dol- tion so that the flight attendants can lars of property damage was incurred, the against acts of criminal violence or air pi- talk to the pilots in an unobtrusive racy unless the crew member is guilty of nation’s economy was rocked, thousands of gross negligence or willful misconduct.’’. people were laid off and life in America will fashion. (c) NONLETHAL WEAPONS FOR FLIGHT AT- never be the same again—all because terror- This is a package that will make our TENDANTS.— ists were able to kill eight pilots and take skies safer. I am not going to talk long (1) STUDY.—The Under Secretary of Trans- over the cockpits of their airliners on that because I know Senator SMITH, who portation for Security shall conduct a study day. started the ball rolling on this, is anx- to determine whether possession of a non- This must never happen again. Providing ious to speak, Senator HOLLINGS has lethal weapon by a member of an air car- more armed federal air marshals and en- some remarks, and people want to hanced cockpit doors will help. However, not rier’s cabin crew would aid the flight deck vote. So in the next 4, 5 minutes, I will crew in combating air piracy and criminal all flights will have the protection of air violence on commercial airlines. marshals and new, more secure cockpit doors lay out the rest of my argument. (2) REPORT.—Not later than 6 months after will not be installed overnight. As an abso- Why do we need this bill, which will the date of enactment of this Act, the Under lute last line of defense our government has have this voluntary program of arming Secretary of Transportation for Security authorized U.S. jet fighters to shoot down an pilots who would have to go through a shall prepare and submit to Congress a re- airliner if hijackers gain control of it. To au- rigorous course and get qualified re- port on the study conducted under paragraph thorize such an action, without empowering peatedly and have the psychological (1). pilots to defend the cockpit against hijack- profiles and everything else that we The provisions of this amendment shall ers, is both illogical and unacceptable. We are confident that the program, created would expect to have happen? take effect one day after date of enactment. Why do we need that? Why do we Mrs. BOXER. Mr. President, for the by your legislation, would not only add a genuine security enhancement in the very need to have the flight attendants’ benefit of Members, I know Senator near term, but also give passengers and training? Mr. President, if I could REID has been working hard to move crews the added confidence that their gov- stand before you and assure you that I things along. We have reached agree- ernment had provided all possible resources believe the skies are safe, I would not ment on modifying our amendment, needed to defend against a terrorist hijack- be here supporting this bill, but I can- making sure that the pilot training is ing. not tell you that, sadly. I join with my strengthened. I think we have done The scrutiny and training our members un- dergo during their preparation for a career chairman. He has been a leader in safe- that with the help of Senator FEIN- as professional airline pilots, we believe, pro- ty, and we well know what has hap- STEIN. I am very pleased that she was vides a ready-made pool of individuals who pened. over here earlier to assist us with this would be well-equipped to participate in such Just yesterday we learned that re- amendment. I think she would be a voluntary program: highly educated, phys- porters from a New York newspaper pleased with what we have done. ically and mentally fit men and women who went through screening processes in 11 Basically, it is the amendment that are conditioned to react calmly and delib- airports with box cutters, razor blades, Senator SMITH wrote in the form of a erately in a crisis. knives, and pepper spray. What hap- In this period of attempting to find money bill, and I was very glad to come on pened? Each and every one got past se- board after we wrote a few more bits for security initiatives that will have the most immediate and direct impact on pre- curity at those 11 airports, even air- and pieces about putting video cameras venting another terrorist attack, we believe ports from which planes involved in the in the cockpits, and some other small that this legislation provides the most prac- disaster of 9/11 originated. items. tical program for cockpit defense. On July 1, we found out that the I thank my colleague from New Thank you again for all your efforts on TSA, the Transportation Security Ad- Hampshire for his vision and tenacity this important issue of safety and security. ministration, itself conducted a ran- in making sure that what happened on Sincerely, dom test, and they found that in many September 11 will not happen again. DUANE E. WOERTH, President. airports there was a 40-percent failure Now we say, is there any one thing rate of finding the contraband, finding we can do can to ensure this will never Mrs. BOXER. Mr. President, I think the weapons. Sadly for me, two of happen? Of course not. Life is too com- this letter from the pilots comes from those airports that did the worst were plicated for that. As someone who has the heart. When we think back to that in my State, Sacramento and Los An- been a leader in the effort for sensible terrible day, we know exactly what geles. gun control laws, what we are doing in happened. The flight attendants were Add to this we do not have enough this amendment is very carefully trained never to interfere if someone air marshals. I cannot say how many thought out. It is backed by the Air wanted to hijack a plane. The pilots we have. That is a classified item. But Line Pilots Association International, were trained to go along. Do you know, the American people need to know that and it is backed by the flight attend- according to the flight attendants that we wrote the bill, and with the help of ants. Senator SMITH and Senator BURNS and my chairman and his ranking member, I ask unanimous consent that a let- I met with today, they haven’t had one we wrote the part of the bill that deals ter I just received from the Air Line bit of new training since 9/11, almost a with putting air marshals on all the Pilots Association be printed in the year ago? high-risk flights, the long-haul flights. RECORD. They are desperate for this legisla- I am here to say today unequivocally There being no objection, the mate- tion, which includes very important that we are way behind. rial was ordered to be printed in the training for the flight attendants, to be On some of the airlines—very few— RECORD, as follows: repeated every 6 months at no new they have not strengthened the doors. AIR LINE PILOTS ASSOCIATION, costs. As one flight attendant said, ‘‘I Guess what, Mr. President. As my INTERNATIONAL, don’t need more training in how to chairman has repeatedly said, they are Washington, DC, September 5, 2002. make a napkin look better on a tray; I open during the flight. I am on flights Hon. BARBARA BOXER, want to know how to defend myself in constantly, all across the country and U.S. Senate, Washington, DC. the cabin.’’ in between, and I see the pilot come DEAR SENATOR BOXER: On behalf of the In this bill, no one is authorized to out of that door. Guess what they do. 67,000 members of the Air Line Pilots Asso- carry a gun. It doesn’t do that. All it Sometimes they have a cart in front of ciation, International, I want to offer our says is that if a pilot feels that he or the door to protect against the cockpit September 5, 2002 CONGRESSIONAL RECORD — SENATE S8267 being taken over—a cart as a defense. and I are going to have a victory today. alternatives. A plane destroyed by a Sometimes they will just have one or I certainly hope we will. missile fired from a U.S. fighter plane two flight attendants. Sometimes they Mr. President, I yield the floor. or that crashes into a ground target is will not even do anything; they just The PRESIDING OFFICER. The Sen- simply not an acceptable outcome ask the passengers to stay away from ator from Wyoming. when there is a chance of preventing it the door. Mr. THOMAS. Mr. President, Senator by allowing federally commissioned, To sum up, failure is what happens at SMITH had to leave the floor for a mo- trained, screened, and volunteer pilots those screening points. The same weap- ment, so if I may speak. the means of mounting a last-ditch ef- ons that caused the tragedy of 9/11 are The PRESIDING OFFICER. The Sen- fort against terrorists and hijackers. getting through. We do not have ator is recognized. I certainly hope we can support this enough air marshals. The flight attend- Mr. THOMAS. Mr. President, I be- important amendment and make our ants have not had one bit of new train- lieve this is an important amendment, skies even safer for Americans to trav- ing on what to do. The pilots want to one I find great support for in the el. I urge my friends to vote yes on the have something at their disposal to country. I believe it makes sense to Smith amendment. save the aircraft. And on top of that, arm qualified airline pilots, to add an- I yield the floor. the U.S. military has issued orders to other layer of protection to our exist- The PRESIDING OFFICER. The Sen- shoot down a commercial aircraft that ing aviation security system. That is ator from California. is under the control of hijackers. Imag- what we are seeking to do. Mrs. BOXER. While we are awaiting ine that. Imagine if that happened and We have had increased security, of the arrival of Senator SMITH, I thought we knew we had not taken action at course—increased screening require- I would give some more details about least to give our pilots a chance. ments, fortified cockpit doors, in- the bill. When I cosponsored this bill, people creased numbers of sky marshals— I see Senator SMITH is in the Cham- were really surprised because they since September 11. We must continue ber, so at this point I am very happy he said: BARBARA BOXER is a leading advo- to do more and do all that we can. has come back. I know he had to at- cate of gun control laws and making I recently wrote an op-ed in the Den- tend a quick meeting. I say to Senator sure guns stay out of the hands of ver Post, as well as in a Wyoming SMITH, if we can get a vote this after- criminals; she is strong; she is on the paper, that indicated some 80 percent noon, it will be good for us. floor. This is not about guns in the of American people, according to the I yield the floor. hands of criminals. This is about a polling, support this idea. This amend- The PRESIDING OFFICER. The Sen- trained pilot who volunteers, most of ment mirrors the legislation intro- ator from New Hampshire. whom have training in the military, duced in both Houses of Congress and Mr. SMITH of New Hampshire. While and they will have rigorous training now passed by an overwhelming major- the Senator from California is still in under this bill. ity in the House to allow, but not re- the Chamber, let me thank her in a big I do not know how we can, in the quire, carefully screened, properly way for the wonderful cooperation she name of the victims of 9/11, not pass trained and equipped airline pilots to has given us as we have worked to- this bill today. I trust that we will do be commissioned as Federal law en- gether to bring this amendment to the it. forcement officers and to carry fire- floor, but also, more importantly, to Today, one of the flight attendants I arms on the flight deck for defense. bring the flight attendants and the pi- met is the mother of Mark Bingham, The U.S. Department of Transpor- lots together in this effort and to have who was one of the passengers on flight tation, which has had a change of posi- legislation that is going to help them 93 who fought so hard against the hi- tion, proposed a limited arms pilot pro- as we get through this terrible ordeal. jackers. gram, but the Smith amendment would This has been a long, arduous effort God knows what they saw before they be even stronger. The Smith amend- since 9/11. I know the Senator has went into that cockpit. God knows ment would prevent airlines from opt- worked with various groups, as I have. what was done to the flight attendants ing out of the program to avoid a situa- Right after 9/11 we started to meet who were told in their training to do tion where misguided liability con- with pilots and flight attendants to nothing. God knows what they did to cerns block pilots from volunteering. hear from them as to what it was they the pilots. God knows. Believe me, this The Smith amendment would prevent believed they needed. wonderful woman talked today, and airlines from discriminating against It became very clear, as the Senator she could only speculate what it was pilots who choose to participate. from California has said, that the like for her son and the others. When The Smith amendment would provide flight attendants were not properly the son called, he would not go into liability protection both for the air- trained and believed they needed that any detail because, she said, he wanted lines and for lawful actions of armed training. They were the first to die, we to spare her that. pilots preventing a terrorism tragedy believe, in those aircraft. Not only Today we have a chance. This is the turning into a feeding frenzy for the that, the pilots themselves had abso- homeland security bill. What better trial bar. lutely no defense against these ter- way than to make a statement today Unfortunately, opponents of arming rorist attacks. that we are going to do everything in the pilots have fostered misplaced fears In listening to the families, the flight our power to ensure that at least the of the issue. Here are some of the facts. attendants, and the pilots, we were flight attendants are trained in self-de- Pilots would use firearms only in the able to piece together, work through, fense, that the pilots have the tools defense of aircraft after hijackers and develop legislation which I hope they need, including a video camera, breached the cockpit door. No man- the Senate will pass this afternoon. the training they need, wireless com- made door is impenetrable to deter- This amendment will train and arm munications with the aircraft. If we do mined attackers, of course. commercial pilots with a firearm to de- this, we will be doing a very good thing According to the May 2 House sub- fend the cockpit of our Nation’s com- for the people of this country, for the committee testimony from Boeing’s di- mercial aircraft from acts of terrorism. traveling public of this country. rector of aviation safety, commercial It also provides for increased training I would like, at this time, to give an planes are extremely unlikely to suffer for flight attendants and communica- opportunity to Senator SMITH to speak. catastrophic failure due to firearms on tions devices for pilots and flight at- I see he is away from the floor. I am board. Aircraft are designed with suffi- tendants to have the latest commu- going to yield the floor and say about cient strength, redundancy, and dam- nications and video monitoring de- Senator SMITH’s effort that he has real- age resistance that even single or mul- vices. ly been the hero of this bill. He has tiple handgun bullets would not create It is a terrible comment on our times worked hard with me to modify it in holes that would result in the loss of that this kind of effort has to be put such a way so that I am proud to be on the aircraft. forth, but that is the world we live in, it. He has kept the coalition together. Even the worst possible mishap that where people who are determined to He has worked across the aisle and could be brought about by an armed kill us have no qualms about killing within his own party, and I think he pilot is certainly not comparable to the themselves. What happens, as we all S8268 CONGRESSIONAL RECORD — SENATE September 5, 2002 know, is that these aircraft become Ellen, ‘‘Do you think your husband Mrs. BOXER. Will the Senator yield? weapons of mass destruction. They be- would have survived this incident if he Mr. SMITH of New Hampshire. I come bombs, in essence. had had a gun in the cockpit or a yield. As the Senator from California said, trained crew?’’ And she said, ‘‘I do not Mrs. BOXER. Senator SMITH has been the option of not having guns in the know how it could have been any worse eloquent and his leadership has been cockpits or trained crews is having than what happened.’’ I certainly con- stalwart. guns in the cockpits or, as a last line of cur with that. I very much worry that some kind of defense, F–16s which will shoot down There are a lot of things we can say. test program is going to be put forward commercial aircraft with Americans on I want to speak from the heart about by the administration, as opposed to board, a terrible scenario to have hap- this. We hear a lot about cost: How what we are doing. I ask my friend if pen, basically making the decision to much is it going to cost to train the he does not agree. We already know take fewer lives to avoid killing more flight attendants? How much is it there are huge failure rates at the people because of what might happen going to cost to train the pilots? How screening points. TSA said in some air- on the ground. It is a terrible scenario do you even estimate the cost of ports it was 40 percent; in some it was we do not want to see happen. human life that happened in New York 30 percent; and in some it was 20 per- I am not sure we can guarantee 100 or at the Pentagon? We cannot put a cent. percent it will never happen, but we cost on that. That means when the New York can cut the odds with this legislation. This is an emotional time for all of Daily News sent out reporters, and That is why I am so excited about its us. We are on the eve of the anniver- they came back after Labor Day and passage. Hopefully, when it goes to sary of 9/11, and what a great tribute it said they snuck on box cutters, pepper conference with the House—the House would be to pass this legislation now so spray, knives, razor blades, all without bill is very similar but not quite where we can try to see it does not happen detection, we already know, God for- we need it to be—we can conference again. The cost is not that bad, frank- bid, we could theoretically and prac- ly. If an air marshal had to be put on this and the President will sign it. tically have another incident. I was astonished to hear the flight every single flight in America—I do not Since we already know about that attendants this morning in the press know what it is, 30,000 flights a day or failure rate, and since we already know conference. They were very emotional whatever it is—the costs would be pro- the military will shoot down commer- and very articulate, I might add, in hibitive. So this way, the pilots are cial aircraft they decide is under con- talking about the training they did not armed and the flight attendants are trol of hijackers, and since we know trained. The odds are dramatically re- have, and they have not had any addi- that the doors are not yet secure, and duced. tional training since the 9/11 incident. I that in many cases they are open and Down the road perhaps, with better the pilots come out or the flight at- believe we have to give our Nation’s pi- reinforced cockpits, maybe things will tendants go in and they are guarded by lots and flight attendants a fighting improve. Right now, we need this legis- a cart, don’t we have enough informa- chance against these terrorists before lation, and we need it badly. I hope the our Government has to resort to shoot- Senate will pass it this afternoon and tion to move forward with this bill ing down an airplane and by all odds that it will go to the President’s desk right now with this amendment? Mr. SMITH of New Hampshire. I ab- keeping the terrorists from getting very shortly. into that cockpit. The cabin would be One other thing I want to mention, solutely agree with the Senator. We do; the first place the terrorists would be. because it has been talked about: I we have more than enough informa- At least with trained flight attendants, have not heard anything official, but tion. I certainly do not think it is they can perhaps incapacitate the per- there has been some rumor there may worth having a test program to wait son or at least slow the person down. If be an effort to go with a test program, and hope that something else does not that person gets to the cockpit with a or a pilot program—no pun intended— happen again. We need to cut the odds lethal weapon, a properly trained pilot where guns would be put in the cockpit dramatically. I don’t know if it can be will stop that person before that person on 2 or 3 percent of the planes, maybe 100 percent, but we certainly can cut gets into the cockpit and causes the train the flight attendants, maybe not. the odds dramatically. We need to re- plane to lose control. We need those flight attendants store the confidence of the American We have met some wonderful people. trained. This is not where we need to people to fly again. I was taken aback this morning in the be. This is not going to get the job The stories just related are incred- meeting with Alice Hogan. She is the done. ible—.357 magnums getting on aircraft. mother of Mark Bingaman who lost his If someone is a passenger on an air- Another thing which has not been fo- life on flight 93, one of the many heroes plane, they might want to know wheth- cused on, terrorists do not necessarily on that aircraft. It is very emotional to er this is one of the 2 or 3 percent have to have something we can deter- see these people coming to Washington where the pilots are armed. I know I mine as a weapon; they have bare and talking with us and asking us to would want to ask. Ninety-seven per- hands. They have been trained to mur- help. They should not have to ask, but cent of the planes are not going to have der. They have gone through the Bin they are here, they are articulate, and these so-called test provisions. Laden terrorist camps. They are ex- they are emotional. They want help. I am thinking, what are we testing perts in martial arts. They can kill They deserve help. We do not want any for? It is not a good idea. The House with their hands. Some small weapon more flight 93s or flight 175s. started out with this, and they left it a could be helpful to a terrorist, but they A few weeks ago, I met Ellen long time ago and moved our way on could kill with their bare hands. Saracini whose husband Vic was the the legislation. What is so ludicrous They have to be stopped. The best pilot of the aircraft that went into about this is, let’s say we implement a way, of course, is to keep them off the Tower 2. Ironically, she told us, she test program for 5 years. Three percent planes. In the event they get on the had had a conversation with her hus- of the aircraft have trained pilots and plane, this is the last line of deterrence band not too long before September 11 are carrying arms, and nothing hap- and defense. I am hopeful the Senate in which he indicated to her he wished pens for 5 years—and we would hope it will realize this. I know it has been a they had better security on the air- would not—what does that mean? We long process. The House has had hear- craft, better training for flight attend- are going to wait until something hap- ings. They marked a bill, 310 to 113, on ants, maybe guns in the cockpit, some pens with the other 97 percent? And July 10. Today we are considering es- lethal way to stop a potential terrorist; when something happens, we will in- sentially similar legislation—not ex- that they did not feel comfortable with crease it to 15 or 20 percent? It is illogi- actly the same. this philosophy of being a pacifist when cal. We need this bill to pass now. The Allied Pilots Association, the it happens, do not make any waves and Armed pilots. The pilots want it. The Airline Pilots’ Security Alliance, Air- everything will be fine; the terrorist flight attendants want it. The Amer- line Pilots Association, Coalition of will land the aircraft somewhere. ican people want it. I hope the major- Airline Pilots Association, Southwest That world is gone. We are not there ity of the Senate wants it, as the ma- Airlines Pilots Association, Associa- anymore. I remember a reporter asking jority of the House. tion of Flight Attendants: all of these September 5, 2002 CONGRESSIONAL RECORD — SENATE S8269 groups have not only supported this President, Southwest rorist somehow managed to gain access to amendment but have worked very hard Airlines Pilots’ Asso- the cockpit would the pilot use the weapon. and talked to Members of Congress in a ciation. Could even a stray shot be worse than a com- very informative, instructive, positive CAPTIN JOHN E. DARRAH, mandeered plane on a terrorist mission? President, Allied Pilots I am, like all reasonable people, in favor of way, pleading with Congress to help Association. the tightest restrictions on guns. I fear the them defend the people on those air- CAPTAIN BOB MILLER, things, since they are easily concealed and craft and the people on the ground. President, Coalition of lethal. The more there are, the more chances I have several items to print, includ- Airline Pilots Asso- they will fall into the wrong hands. That is ing one from the pilots to President ciations. precisely what I feared the night I was bur- Bush, an editorial by Richard Cohen, [From the Washington Post, June 4, 2002] glarized—not that the burglar had a knife (I had scissors), but a gun. and an editorial by George Will, and I GUNS ... ask unanimous consent these docu- But even in my most anti-NRA moods, I (By Richard Cohen) want the cops to be armed, since, among ments be printed in the RECORD. Careful readers of this column will remem- other things, just be being so, they deter APRIL 3, 2002. ber when, some years back, I was burglar- crime. Armed pilots would also be a deter- Hon. GEORGE W. BUSH, ized. It was the middle of the night, some- rent. A terrorist would not be dealing with The White House, time around 3 a.m., when I heard a noise— the chance that an air marshal is aboard but Washington, DC. the back door being forced open. I awoke the certainty that, in the cockpit, it is gun DEAR MR. PRESIDENT: As representatives of with a start, tried to quiet my thumping and a person—cool enough to be an airline the largest airline pilot organizations in this heart, rushed to the head of the stairs and pilot—who is cool enough to use it. Just one country, we would like your assistance in heard someone running around the floor night in my life, I wanted a gun. On just one the immediate development and implemen- below. At that moment, what I wanted more flight, a pilot might feel the same way. tation of a program to defend the American than anything in the world was a gun. traveling public with voluntarily armed pi- What I wanted at that moment—and only [From the Washington Post, June 6, 2002] lots. that moment, I hasten to add—was denied ARMED (AND TRUSTED) Public opinion polls and those within our last month to airline pilots who just might own pilot groups indicate overwhelming sup- have to deal with a terrorist somehow get- (By George F. Will) port for arming flight deck crewmembers ting into the cockpit. That this decision was The next perpetrators of terrorism in with lethal weapons. Nothing short of lethal made by the pro-gun Bush administration America probably are already here, perhaps force can stop lethal intent to hijack and de- only deepens the mystery. If I were a pilot, planning more hijackings. Post Sept. 11 air- stroy our aircraft and murder all on board. I would want a gun in the cockpit. And in port security measures may have made hi- Yet the volunteer pilot arming provisions of every survey, most pilots say they do. jackings slightly more difficult, but the fact the Aviation and Transportation Security The gun I would want would not be carried that these are America’s most visible anti- Act of 2001 that you signed into law on No- on my person. It would not be on me when I terrorist measures vastly increases the ter- vember 19, 2001, are being ignored. went to the bathroom or left the cockpit for rorists’ payoff in proving the measures in- To remedy this situation, we ask for your any reason. It would be in a secure location, capable of keeping terrorists off airplanes. assistance in implementing a flight deck accessible only to someone who knew a code, Recently this column presented, without protection program that has the following and while it might be loaded with bullets endorsement, the views of three commercial characteristics: All volunteer pilots must be that could stop a man but not penetrate the airline pilots who oppose guns in cockpits. carefully screened, successfully trained and fuselage, even conventional ammo does not Today’s column presents, and endorses, the subsequently designated by a federal law en- present an unacceptable risk. Planes don’t views of three other commercial airline pi- forcement agency such as the FBI or TSA; deflate like balloons from one or two bullet lots—two trained as fighter pilots, one civil- pilots so selected, screened and trained holes. And, anyway, air marshals and other ian-trained—who refute the other pilots’ should be deputized or have the same indem- law enforcement officers already fly not only principal contentions, which were: nification and protections afforded other law armed but with conventional ammo. Proper policy regarding suicidal, hijackers enforcement officers in the employ of the This gun would be used only as a last re- is to land as quickly as possible, which can U.S. government; pilots must be certificated sort to stop a terrorist from gaining control be as quick as 10 minutes. So priority should in weapons handling, use of lethal force, car- of the plane. It’s probably not too much to be given to making cockpits impenetrable. riage policy and procedure, rules of engage- say that if pilots had had weapons on Sept. Armed pilots might be tempted to imprudent ment in all environments, recurrent train- 11, the attacks might have been averted. A bravery—particularly ‘‘renegade’’ pilots with ing, tort law, and other subjects deemed nec- man with a box cutter is no match for a man fighter-pilot mentalities, who would leave essary by the governing authority; choice of with a gun. the cockpit to battle terrorists in the main weapons and ammunition will be mandated The union that represents the pilots, the cabin. And arming pilots serves the pilots’ by the responsible federal agency; and cer- 62,000-member Air Line Pilots Association, union objective of requiring a third pilot in tified pilots will draw their weapons only for favors having a weapon in the cockpit. Not each cockpit. use in direct defense of the flight deck in ac- all pilots agree, of course. Some of them feel The three pilots who favor allowing pilots cordance with program ‘‘use of force’’ rules. that arming pilots would distract from the to choose whether to carry guns respond: If the unthinkable happens again, there real job at hand—making the cockpit as se- Passengers already entrust their lives to must be a means provided for our flight cure as possible as quickly as possible. This pilot’s judgments. Landing a hijacked plan is crews to defeat any hijacker who breaches includes, among other things, bulletproof indeed the first priority, but pilots need to the flight deck with a weapon and attempts cockpit doors that can’t be broken down. It be alive to do that. A cockpit impenetrably to destroy the aircraft. Otherwise, a U.S. also includes beefing up the air marshal pro- sealed from terrorists is an impossibility, in fighter may be ordered to shoot down a com- gram. After all, El Al Israel’s national air- part because planes cannot be landed as mercial airliner full of innocent passengers. line, does not arm its pilots and has not had quickly as the other three pilots say. An ig- America’s pilots must have lethal weapons a hijacking since 1968. It uses sky marshals. noble fear—of lawyers, of liability—explains as a last line of defense against well-coordi- But El Al has only 34 airplanes. The United why the airlines oppose arming pilots. But nated, highly trained teams of terrorists. States has more 20,000 flights a day. It will legislation could immunize airlines from li- Each of our pilot groups has independently be a long time, if ever, before there’s a sky ability resulting from harms suffered by pas- assessed and recommended the best way to marshal on every flight. That cannot, of sengers as a result of pilots’ resisting terror- implement a plan to arm our flight crews. course, be said for pilots. Every flight has at ists. Each has drawn similar conclusions closely least one. Landing a plane from 30,000 feet requires at paralleling a proposed training program de- Back in 1995, when he was governor of least 20 minutes, never just 10. A training veloped by the FBI at the request of the De- Texas, George W. Bush signed a bill giving flight, simulating a fire emergency on a partment of Justice. We have forwarded our Texans the right to carry a concealed weap- flight just 4,000 feet up and 15 miles from specific recommendations through the com- on. The bill insisted only that the gun-toters Philadelphia’s airport, takes about 12 min- ment process requested by the Federal Avia- be at least 21, pass a criminal background utes to land when done perfectly. Trans- tion Administration, and stand ready to im- check and have no history of mental illness. atlantic flights can be three hours from a mediately assist your administration in the I can only hope that pilots already meet suitable airport. Such airports are not abun- establishment of such a program. those criteria. dant west of Iowa. Which means on most Sincerely, If that’s the case, then why is it somehow flights, terrorists would have time to pene- CAPTAIN DUANE WOERTH, logical to allow every Tom, Dick and Harry trate the cockpit. President, Air Line Pi- to pack some heat but to forbid that same Bulletproof doors are not the answer: the lots Association. right to airline pilots, who, I may point out, Sept. 11 terrorists had no bullets. Well CAPTAIN TRACY PRICE, often are ex-military people? Regardless, trained terrorists can blow even a much-re- President, Airline Pilot they would all be trained in the use of the inforced cockpit door off its hinges using a Security Alliance. gun, and their first duty, always, would be to thin thread of malleable explosive that can CAPTAIN JON WEAKS, fly the plane—no matter what. Only if a ter- pass undetected through passenger screening S8270 CONGRESSIONAL RECORD — SENATE September 5, 2002 procedures when carried on a person rather United States military to shoot down TSA approves; (2) the air carrier ap- than in luggage. Here is what else can be un- that commercial aircraft. proves; (3) the firearm is approved; and, detected by security screeners busy confis- I firmly believe that we should give (4) the pilot has received proper train- cating, grandmothers’ knitting needles: our Nation’s pilots & flight attendants The knife with the six-inch serrated blade ing. that a passenger found, in a post-Sept. 11 a fighting chance against terrorists be- This law was passed as a result of my flight, secreted under her seat. Two semi- fore our Government resorts to shoot- amendment in the Senate and a provi- automatic pistols that recently passed unno- ing commercial aircraft out of the sky. sion passed by the House. I was un- ticed through metal detectors and were dis- I am proud to have joined a bipar- happy with the language, but I had the covered only when the owner’s bags were se- tisan coalition including Senator ZELL hope that the Department of Transpor- lected for a random search at the gate. A MILLER, Senator CONRAD BURNS, Sen- tation would give adequate consider- mostly plastic 22-caliber gun that looks like ator FRANK MURKOWSKI, and Senator ation to the issue of armed pilots. a cell phone. An entirely plastic and razor- BARBARA BOXER in introducing our bill, The FAA published a request for sharp knife. A ‘‘bloodsucker’’—it looks like a fountain pen but has a cylindrical blade that S. 2554, the ‘‘Arming Pilots Against comments on whether pilots should be can inflict a neck wound that will not stop Terrorism and Cabin Defense Act of allowed to be armed on December 31, bleeding. 2002.’’ 2001. By March 15, 2002, the FAA had re- The idea that arming pilots is a means of On July 21, 2001, the FAA limited the ceived over 7,500 comments and accord- justifying a third pilot is derisory: Re- carriage of weapons of aircraft to cer- ing to the FAA’s analysis, more than engineering cockpits for that would be im- tain law enforcement officers. 96% of the comments favored armed pi- possibly complex. Equally implausible is the September 11, 2001—the worst ter- lots. As a result of the open comment idea that a Taser (electric stun gun) is a sat- rorist attack in U.S. History. That at- period, the TSA decided to agree with isfactory aid when locked in a plane, seven miles up, with a team of trained terrorists. tack could have been prevented if pi- the 4% of respondents who disapproved A pilot’s gun would never leave the cockpit lots were armed. of armed pilots and ignored the com- because the pilot never would. And shooting I was convinced of this fact by a won- ments of 96% of respondents. a terrorist standing in the cockpit door derful and brave woman—Ellen This is a critical point in the debate frame would not require a sniper’s skill. The Saracini of Pennsylvania. today. Today, the Transportation Se- powerful pressurization controls, as well as Over one month ago, I spoke at a curity Administration is authorized to the location and redundancy of aircraft elec- press conference with Ellen Saracini. start training pilots in the proper use tronic, hydraulic and other systems, vastly Ellen is the wife of the late Captain of a firearm to defend the cockpit. One reduce the probability that even multiple wayward gun shots—even of bullets that are Vic Saracini. pilot said that the current inaction on not frangible—would cripple an aircraft. Captain Victor Saracini was the pilot the part of TSA and the Department of About fear of ‘‘fighter pilot mentality’’: of United Flight 175 on its way from Transportation is a criminal act of The military assiduously schools and screens Boston to Los Angeles when it was negligence. Maybe this inaction is a pilot candidates to eliminate unstable or un- commandeered on September 11 and political act of negligence that needs disciplined candidates. Airlines, too, admin- crashed into the World Trade Center to be addressed by the Senate today. ister severe selection procedures for pilots, Tower 2. On May 21, 2002, the former Under who are constantly scrutinized. Captains Vic supported armed pilots before have two physical examinations a year (first Secretary for Transportation Security, officers, one) with psychological compo- September 11th and Ellen has contin- John Magaw, testified that he would nents. Everything said in the cockpit is re- ued that support. not approve the arming of commercial corded. Our nation has suffered a great loss pilots. Besides, many passengers fly armed—coun- with the loss of the pilots, flight at- The House passed a strong armed pi- ty sheriffs, FBI and Secret Service agents, tendants and thousands of victims of lots bill by an overwhelming margin— postal inspectors, foreign body-guards of for- September 11th. today the Senate finally considers an eign dignitaries. Why, then, must the people I never ever want to see an event like amendment to train and arm pilots. on whom all passengers’ lives depend—pi- September 11th happen again and I The bottom line is that armed pilots lots—be unarmed? Especially considering that the prudent law enforcement doctrine is firmly believe that armed pilots will be are the first line of deterrence and last that lethal force is warranted when menaced an effective tool to prevent any future line of defense to terrorism. by more than one trained and armed oppo- contemplated acts of terrorism. First line of deterrence, because ter- nent. What we learned from September rorists will never target American To thicken the layers of deterrence and se- 11th is that a military jet shooting commercial aircraft again, if terrorists curity, in the air as well as on the ground, down a commercial aircraft is not only know that an armed pilot will end an Congress should promptly enact legislation possible, it is now commonly consid- attempted hijacking with deadly force. to empower pilots to choose to carry guns. ered as a part of airline security. Last line of defense, because an Time flies. So do hijackers. And the next ones probably are already among us. We also recently learned that the armed pilot is the last line of defense military contemplated ramming com- before an F–16 or other military air- Mr. SMITH of New Hampshire. Mr. mercial jets with military aircraft if craft shoots down a hijacked aircraft President, I reiterate: they were hijacked weapons of mass de- full of innocent civilians. It really is This amendment trains and arms struction. On September 11th, I under- that simple. commercial pilots with a firearm to de- stand that the shooting down of com- Nonlethal weapons are a great sup- fend the cockpit of our Nation’s com- mercial aircraft may have been nec- plement to a firearm—but it is not an mercial aircraft from acts of terrorism. essary at the time. Today, there is no alternative. The amendment also provides for in- excuse not to arm pilots before we Our nation’s air marshals are armed creased training for flight attendants allow our military to shoot down com- with a firearm. Maybe they should also and communications devices for pilots mercial aircraft. be given a stun gun or a tazer, but no- and flight attendants to have the latest At the time it was the right decision, body in this chamber would argue that communications and video monitoring because the despicable acts of Sep- our nation’s air marshals should only devices. tember 11th were unthinkable—not have a stun gun. Tazers and stun guns Today, there are no defensive capa- anymore. are good to disable one or two terror- bilities our Nation’s pilots. No fire- Since September 11th, there have ists, but a firearm is the best alter- arms. been some advancements in commer- native to defend against a September Only Federal air marshals, on a very cial airline security, yet, the most 11th style attack. small percentage of commercial common sense legislation to train and The pilots and the flight attendants flights, are armed to defend against arm commercial airline pilots, has yet want safer travel. My understanding is terrorism. to be implemented. that the Department of Transportation When all else has failed to defend a The Aviation and Transportation Se- initially opposed arming pilots because commercial aircraft, the only option curity Act was approved and signed of liability issues. Our amendment for the defense of the public from the into law. This act authorizes air car- grants the airlines a limited liability use of a commercial aircraft as an in- rier pilots to carry a firearm in the shield to protect from aggressive trial strument of mass terror is for the cockpit if: (1) the Undersecretary for lawyers. Our amendment will ensure September 5, 2002 CONGRESSIONAL RECORD — SENATE S8271 that the pilots and airlines are not held Pilots—the Congress would pass this shire is right. Pilots do work hard. I liable for actions taken to protect the amendment by Unanimous Consent have commented to that effect on lives of the crew and passengers from right now. other occasions, and on other meas- terrorist attack. The House of Representatives con- ures. Our problem is, looking at the A commercial aircraft is not going to ducted hearings, marked up and passed Senate floor, we have two Senators, crash as a result of the discharge of a an armed pilots bill by a margin of 310– maybe three at the most. What really firearm on a commercial aircraft. On 113 on July 10th. occurs is that we are addressing a May 2, 2002, Ron Hinderberger of the Today, the Senate is considering a ‘‘fixed’’ jury. Boeing Company testified before the similar armed pilots amendment and it In other words, 35 years ago when I House Committee on Transportation. is my hope and prayer that this amend- came to the Senate, we did not have Hinderberger said: ‘‘The risk of loss of ment is passed by the anniversary of the luxury of television. So if you an aircraft due to a stray round from a September 11th. One year is long wanted to know what was going on, hand gun is very slight.’’ enough for the American people to wait you had to come over on the floor. In- The cost of this program is not going for this common sense and reasonable variably, there were always 20 to 30 Re- to be too much to bear. The cost that amendment to arm pilots and train publican Senators in their cloakroom, I never want this nation to pay again— flight attendants. and 20 to 30 Democrats in their cloak- is another September 11 style attack Also, I want to thank the Allied Pi- room. If an issue was raised, you could on the United States of America. I am lots Association, the Airline Pilots’ Se- make a point and come right out on willing to work with the good members curity Alliance, the Air Lines Pilots the floor. Or if you agreed with a par- of the Senate to keep the cost of this Association, the Coalition of Airline ticular Senator, you could thank him program to a minimum. My office has Pilots Associations, the Southwest Air- for his observation. In a sense, we consulted some private training facili- lines Pilots’ Association and the Asso- would learn from each other. ties including Gunsight in Arizona and ciation of Flight Attendants for the We now have the TV everywhere. In- Blackwater Lodge in North Carolina. leadership and hard work these groups cidentally, if you are watching it in Both have assured my office that the have completed to help the Congress your office and you find you want to cost would be minimal. Gunsight draft and pass an armed pilots and raise a point, you come to the floor quotes the cost at about $2000 per pilot trained flight attendant’s bill. quickly; then you find out someone for initial training and about $700 per Yesterday, we learned that many dif- else has been waiting an hour, another pilot for recurrent training. ferent reporters investigating airport Senator has been waiting a half hour, The amendment contains findings security were able to smuggle small so your opportunity is totally missed. that we inserted at the request of Sen- knives and pepper spray through the But the real point is, we do not listen ator BARBARA BOXER that a Federal air checkpoints of 11 airports over Labor to each other. marshall should be on all high risk Day weekend. The pilots have worked—he is dead flights. These airports included Newark right, they have worked this bill. And The amendment creates a Federal International, Logan Airport in Bos- to my surprise, it has come up this Flight Deck Officer Program to train afternoon. and arm pilots. ton, Dulles Airport, O’Hare, LaGuardia I have tried my very best to improve Ninety days after the bill is passed and Kennedy, among others. airline security since the terrorist at- the Undersecretary for Transportation These are our largest and busiest air- shall establish a program to deputize ports, where security should be the tacks. As the chairman of the Com- qualified pilots who volunteer for the tightest. merce Committee, I got the best pos- armed pilots program. Anbd this report is certainly not the sible witnesses together, and we imme- The bill grants pilots the authority only instance where weapons have diately passed out of the committee a to use force and provides a liability passed through security without detec- bipartisan, unanimous airline security protection for pilots acting in scope of tion. measure. We passed it out of the Sen- their duties as Federal Flight Deck Of- But we have to assume that occasion- ate 100 to 0. ficers. ally mistakes happen, even at our big- While we had the view in the Senate The amendment establishes the Avia- gest and busiest airports. that airline security should be within tion Crewmember Self-Defense Divi- Some sort of weapon could be smug- the Justice Department in order to sion within the TSA to train flight at- gled aboard an airplane. compromise and get things done, we tendants to prepare them for terrorist All it took on September 11th was a went along with the House and kept it and criminal threats. few box-cutter knives. in the Transportation Department Another provisions states that the This recent example of screening in- which proved to be, of course, a mis- air carriers shall provide flight and security is just another reason why air- take in that we wasted now 6 or 7 cabin crew with a discreet, hands free line pilots need to be armed. months in confirming the man who wireless method of communicating. Because they will provide the first took over, but was replaced in the par- The purpose of this device is to provide line of deterrence and the last line of ticular role as head of transportation a method for the pilot to communicate defense. security. Without a much debate and with the flight attendant to under- In other words, if terrorists know without a report we just put his nomi- stand if there is a threat to a commer- that the pilots have firearms, then nation up on the floor and we voted to cial aircraft. they will be less likely to attempt a have him confirmed so he could get off Also, another provision was added at takeover. to a running start. the request of Senator BOXER to pro- But if the unthinkable happens and a In any event, we made a mistake. I vide a real time and cost effective terrorist gets through security with realize we were behind the curve, and video monitoring device for the pilot to some sort of weapon and then tries to we had a some unnecessary require- monitor the activities in the pas- take over a plane, the plan is to start ments with respect to airline security senger’s cabin. This gives a pilot a view descending to land the plane imme- and they were going in the wrong di- of any possible threat to the pilot’s diately, and to use the firearm if the rection in some instances. cockpit without having to open the terrorists try to get into the cockpit. Let me say categorically, I am cockpit door. The terrorists will not be able to get pleased Admiral Loy, the Commandant Today it is an honor to be fighting on into the cockpit with armed pilots. of the Coast Guard—we had the Coast behalf of the pilots, flight attendants, And the lives of passengers and the Guard authorization in our particular commercial airline passengers, and the crew, as well as perhaps thousands of committee, so we worked closely with American people who support the idea Americans on the ground, will be Admiral Loy on Coast Guard and sea- of armed pilots and trained flight at- saved. port security. We had field hearings to- tendants on the floor of the United The PRESIDING OFFICER. The Sen- gether, as well as within the Senate. States Senate. ator from South Carolina. He is very realistic, very attune, an ex- If my state of New Hampshire is any Mr. HOLLINGS. Mr. President, the pert, very professional, very much ex- barometer of the popularity of Armed distinguished Senator from New Hamp- perienced on security. He had not S8272 CONGRESSIONAL RECORD — SENATE September 5, 2002 taken over for very long before the Au- make sense out of this bad mistake AIR TRANSPORT ASSOCIATION gust break. I did not demand that he that is about to be made because there OF AMERICA, INC., respond to questions for his nomina- is one thing you do not want to do, and Washington, DC, September 5, 2002. tion, but I gave him our questions in a that is put weaponry on the plane Hon. ERNEST F. HOLLINGS, itself. In fact, the marshals pointing U.S. Senate, Russell Senate Office Building, 2-page letter and said: Work over Au- Washington, DC. gust and we will have a hearing on this their guns recently on that Delta flight DEAR SENATOR HOLLINGS: With the safety security measure, the guns. going into Philadelphia—wrong. You of our passengers and crewmembers as our I am constantly asked by the press don’t point your gun, and law enforce- number one priority, we are writing to con- about this issue, and we would be de- ment and gun safety dictate that, un- vey our serious concerns regarding S. 2554 lighted to vote on guns in the cockpit, less you intend to use it. Anybody that would permit the use of firearms by pi- we would be delighted to vote in the should know that. lots abroad commercial aircraft. As discus- So even our marshals need better sions continue on the merits of this subject, committee. we stand ready to work with Congress and We had this hearing scheduled. I training already. But be that as it may, for 30 years now they have not the Administration in an effort to reach a talked to Admiral Loy only yesterday. prudent consensus position. It must be He has answered our letter, and he is had a hijacking on El Al Airlines. We noted, however, that while we are spending ready to go next Tuesday. have had a test and we know it. literally billions of dollars to keep dangerous He has been doing just the right kind The trouble is, this has been worked weapons off of aircraft, the idea of inten- of work, getting around and conferring politically. I know how the system tionally introducing thousands of deadly with the airport managers and getting works. I look around and I look for the weapons into the system appears to be dan- measures and speakers who will talk in gerously counter-productive. everybody working together. Not un- In the aftermath of the tragic events of like the former occupant of this desk support of it. I find out that Senators who first were inclined to vote with me September 11, we understand the rational for who greatly impressed me, Senator and listen and understand the problem, providing crewmembers with means to de- Robert Kennedy. He had never been in they have gone. I know the White fend themselves and their aircraft. However, the courtroom, but when he was se- we believe that allowing guns aboard every House position is they should not have lected as the Attorney General of the aircraft is ill-advised. them. It has been announced and re- United States, he was the first Attor- A variety of serious safety, technical and affirmed that they do not want pilots training issues have been raised that require ney General to go around and shake to carry guns in the cockpit. But you answers prior to moving forward with any hands with the 32,000 in the Justice De- don’t see anybody out here defending proposal to even consider the use of firearms partment at that time. President Bush and the policy of this by cockpit crews. To ensure the safety and You have to get your team working administration. security of our customers and employees, we together. Admiral Loy has done that. More to the point, I could talk all have a duty and obligation to ask these But I say it is a fixed jury because the day long, or talk into next week and tough questions and to have a clear under- pilots, as the Senator from New Hamp- standing of the answers. Otherwise, innocent just hold the floor. I hope we can work passengers and crewmembers will be killed shire has pointed out, have been work- out a compromise with respect to keep- ing this issue. We all have many re- or injured through accidental firings of ing the door closed. But let me read a weapons, or worse, there being used against sponsibilities. I just have not had the letter, which is new to me. It was less crews and passengers. opportunity to bring up the facts and than an hour ago when I had an ap- We believe that the public must know what test what we already have. The Sen- pointment with Mr. Leo Mullin, the studies or testing have been conducted to de- ator from California said: ‘‘And since chief executive officer of Delta Airlines termine the effects of an accidental weapon we know this, and since we know down in Atlanta, down in my backyard. discharge in a pressurized aircraft at alti- that,’’ why have any further tests? I Mr. Mullin was there and mentions the tude, or discharge into a sophisticated in- could not agree with the distinguished strument panel? How will the firearm be discussion we had about the economic stowed, maintained and protected from mis- Senator from California any more. We travails of air transport in America. He use between flights, particularly when the do know. How do we know? We know said: aircraft is parked overnight or deployed in from the best of the best. By the way, I want to thank you for your international operations? What is the proc- There is one airline that is under the leadership on this. ess to measure the ability of armed pilots to gun. That is the Israeli airline, El Al. I haven’t led anybody. I can’t find handle a firearm in the close confines of the In fact, they have been so successful in anybody behind me. I am not a leader cockpit? Will the training program disrupt preventing hijacking that they do not unless they let my staff vote. I think the airline’s ability to operate their sched- even have attempted hijackings, as far they would go along with me. But I ules? How often are firearms utilized by trained law enforcement officers lost, mis- as we know. They just go after the haven’t been able to find a Senator to placed, stolen, fired accidentally or used ticket counter itself, as they did in Los go with me, and we have called the against the officer carrying the weapons. Angeles, and shoot it up and kill those White House. The Transportation Security Administra- people there. You can rest for a while. Don’t worry tion has testified that the cost to the gov- But knowing El Al is the most under- about it because I am going to take a ernment for the program is approximately the-gun airline, we had the privilege of little time and give you all some rest. $860 million. In light of programs already talking to a gentleman, the chief pilot I know I am doing the Lord’s work. completed and underway to secure cockpit of El Al, in September of last year. It This letter is dated today. doors, we seriously question the cost effec- Dear Senator Hollings: With the safety of tiveness of a program mandated in S. 2554 was just about a year ago, slightly less that would impose a further burden on than a year. our passengers and crewmembers as our number one priority, we are writing to con- scarce TSA resources. Indeed, with secure He said: ‘‘Senator, what you want to vey our serious concerns regarding S. 2554 cockpit doors now being further upgraded do is get a secure door to the cockpit. that would permit the use of firearms by pi- with even higher protective capabilities, the That is the last line of defense. Not a lots aboard commercial aircraft. As discus- advisability of introducing dangerous and gun—the last line of defense is that se- sions continue on the merits of this subject, unnecessary weapons in the cockpit environ- cure door. And that door is never, ever we stand ready to work with Congress and ment must be carefully considered. the Administration in an effort to reach a Until such time as validated answers to to be opened in flight.’’ Once the door these and other questions are available, we is secure and if there is any disturb- prudent consensus position. It must be noted, however, that while we are spending believe that a decision to deploy firearms ance whatsoever in the cabin, they go literally billions of dollars to keep dangerous aboard commercial aircraft raises a serious immediately to the ground and law en- weapons off of aircraft, the idea of inten- and unnecessary risk for both passengers and forcement meets them there. tionally introducing thousands of deadly crewmembers. Just as we would not intro- The chief pilot of El Al emphasized— weapons into the system appears to be dan- duce an aircraft into service without thor- I will never forget it—he said: ‘‘Sen- gerously counter-productive. ough testing, training of crewmembers and ator, they can be assaulting my wife in Divert right here. I ask unanimous evaluating all safety measures, no one the cabin. I do not open that door.’’ consent the letter in its entirety be should place deadly weapons in the hands of flight crews without a thorough evaluation. And for 30 years they have not had a printed in the RECORD. In view of these concerns, we urge you to hijacking. There being no objection, the letter reject calls for the introduction of thousands We have a test, and that is why I am was ordered to be printed in the of deadly weapons into the cockpits of our on the floor of the Senate trying to RECORD, as follows: aircraft. September 5, 2002 CONGRESSIONAL RECORD — SENATE S8273 Sincerely, State Building, the Sears Building, the I quote from the letter from the Air ATA Board of Directors: Carl D. Coca-Cola Building down there in At- Transport Association: Donaway, Chairman & CEO, Airborne, lanta—wherever they want to run it. In the aftermath of the tragic events of Express; John F. Kelly, Chairman, They can make a mark if they wiped September 11, we understand the rationale Alaska Airlines; Glenn R. Zander, out the Coca-Cola Building in Atlanta, for providing crewmembers with means to President & CEO, Aloha Airlines; W. defend themselves and their aircraft. How- Douglas Parker, Chairman, President I can tell you that. And that is the ever, we believe that allowing guns aboard & CEO, America West Airlines; Donald whole idea. It is not necessarily how every aircraft in the absence of comprehen- J. Carty, Chairman & CEO, American many, but to get it on national news. sive research and testing and without a full Airlines; J. George Mikelsons, Chair- So it is that they commercially evaluation of the potential consequences, is man, President & CEO, American trade. They stay in country for at least ill-advised. Trans Air; Richard H. Shuyler, Chief 2 years. They are disciplined. You A variety of serious safety, technical and Executive Officer, Atlas Air; Gordon never know they are here. They train training issues have been raised that require Bethune, Chairman & CEO, Conti- at the gym every day, they are phys- answers prior to moving forward with any nental Airlines; Leo F. Mullin, Chair- ically fit, and they go on-board planes proposal to allow the use of firearms by man & CEO, Delta Air Lines; Vicki not with pistols but with box cutters, cockpit crews. To ensure the safety and secu- Bretthauer, Acting Chief Executive Of- rity of our customers and employees, we ficer, DHL Airways; Jerry Trimarco, or whatever else they have on them. But they know how to break in any or- have a duty and obligation to ask these Chief Executive Officer, Emery World- tough questions and to have a clear under- wide; Anthony E. Bauckham, Presi- dinary cracked door and take over that plane. So you can’t crack the door. standing of the answers. Otherwise, innocent dent, Evergreen International Airlines; passengers and crewmembers could be killed Frederick W. Smith, Chairman & CEO, They should never be opened in flight— or injured—through accidental firings of FedEx Corporation; John W. Adams, and we would have a 30-year record of weapons or, worse, their being used against Chairman, President & CEO, Hawaiian no hijacks and never have this occur crews and passengers. Airlines; David Neeleman, Chief Execu- again. For example, what studies or testing have tive Officer, JetBlue Airways; Timothy There is one way I know of that I can been conducted to determine the effects of E. Hoeksema, Chairman, President & guarantee the American public the best an accidental weapon discharge in a pressur- CEO, Midwest Express Airlines; Rich- security I can—if anybody can give ized aircraft at altitude, or discharge into a ard H. Anderson, Chief Executive Offi- sophisticated instrument panel? How will cer, Northwest Airlines; Herbert D. that guarantee—is to take the El Al procedure and protocol and follow it to the firearm be stowed, maintained and pro- Kelleher, Chairman, Southwest Air- tected from misuse between flights, particu- lines; Glenn Tilton, Chairman, Presi- the letter T. They have a 30-year track larly when the aircraft is parked overnight dent & CEO, United Airlines; David N. record of success. or deployed in international operations? Siegel, President & CEO, US Airways; I will go ahead and read because they Let me divert. There is a law in a lot Thomas H. Weidemeyer, President, have something about testing. I am not United Parcel Service Airlines worried about cost. I am not worried of these countries that you can’t have Mr. HOLLINGS. I think there are about testing. I am not worried about a weapon. There is not going to be a 101,249 commercial airline pilots with the professionalism in the trade. I am weapon in a cockpit if you land in active pilot certificates. So we could worried about this never, ever hap- downtown Heathrow. We know that. have 100,000 running around here with pening again—no 9/11. You have all kinds of considerations pistols. And, incidentally, possibly get- I am able, if I can get a majority of that come into this. ting pistols on board for the hijackers this body to go along with me and go Let me further read from the letter: because you have to understand that along with the administration, to give What is the process to measure the ability hijacking has changed now. the public that kind of assurance—that of armed pilots to handle a firearm in the You don’t just have an individual they can get on a plane; immediately close confines of the cockpit? Will the train- coming on board because he wants to ing program disrupt the airline’s ability to the plane will take off. You won’t have operate their schedules? fly to Cuba. You don’t have somebody the plane flying around above you, escaping criminal justice because he ‘‘Hey, they are ready to shoot you How often are firearms utilized by wants to get out of the country. We down,’’ because you have secured the trained law enforcement officers? Will know and we have been put on notice, cockpit door and there is not going to they be lost, or misplaced? Will they be they have five-man teams, professional be any need to shoot down a plane. The fired accidentally, or used against the suicidal terrorists. Try that on, Sen- plane itself is not going down because officer carrying the weapon? ator SMITH. Try that on as a pilot. You it was forced. You don’t have to worry I have the figures on that. In some are a big man. I think Senator SMITH about it because it is going by a big years, over 10 percent of law enforce- could take care of two of them. I think building or a nuclear power plant. You ment officers are killed when their own he could take care of two of them and, don’t have to worry about, 30 minutes weapons are used against them. I have with a pistol, maybe take care of three. after takeoff and 30 minutes before all kinds of criminal statistics from But while he has already killed three, landing, keeping your seat, because the FBI. unloading, quick, the pistol, they still you are not going to have to worry I read further: have two more that are going to knock about that kind of activity, and that is The Transportation Security Administra- him down and take over the other a silly rule, if I have ever heard one. It tion has testified that the cost to the gov- pilot. is one that we ought to be able to get ernment for the program is approximately $850 million. You crack that door and you are a rid of. You don’t have to worry about goner. You are not going to stop pro- taking off from Reagan National and I agree with the distinguished Sen- fessional teams of suicidal attackers. I running into the White House. You ator from New Hampshire. I am not don’t care how good a pilot or how don’t have to worry about that because worried about the cost. Some should be much training you have had, it is not as they take off, the door is secure. If worried about costs. As of yesterday at going to happen. That plane is going to they start storming the door, they will 11 o’clock, the deficit was $394 billion, be taken over. land at Dulles with law enforcement to and by the end of the month it will ex- Think about the situation where meet them. That hijacking team knows ceed $400 billion. But you can see what there is some disruption and I have a they are going off to the jail. I have they are doing now. They are trying to pistol and some fellow is coming after given them the guarantee. offload expenditures into the next fis- me and I can defend myself. That is not But if, in turn, you want to support cal year because they are worried the problem. The problem here is to these pistols in the cockpit and if you about the campaign a couple of months prevent, if you please, Senator, an air- are going to guarantee that weaponry from this time in November. And they line in the United States, a commercial is there, we hope they can use it. Get- have come from a $5.6 trillion surplus. airline, from ever being used as a weap- ting it on the plane and keeping it in They already have created a $400 bil- on of mass destruction. You don’t want the cockpit—a secure little safe, or lion deficit. Nobody wants to talk to save people from getting hurt or whatever it is—it is just a bad idea to about it. We asked corporate America whatever else, but you save it, with all arm a plane. for a certificate under oath that we that fuel aboard, from ever being run Let me read further, since the entire have gotten corporate America away into the Chrysler Building, the Empire letter is one of particular interest. from corruption—certified by the CEO. S8274 CONGRESSIONAL RECORD — SENATE September 5, 2002 Get the CEO of the U.S. Government to dent, and CEO of Midwest Express Air- finally have someone in charge of air- certify his figure. No way, Jose. lines; Richard H. Anderson, chief exec- line security. You know it. I think you I will go back. I read that sentence utive officer of Northwest Airlines; like Admiral Loy. I like Admiral Loy. again in this letter. Herbert D. Kelleher, chairman of He is the bipartisan choice of the com- The Transportation Security Administra- Southwest Airlines; Glenn Tilton, mittee. tion has testified that the cost to the gov- chairman, president, and CEO of Mrs. BOXER. Right. ernment for the program is approximately United Airlines; David N. Siegel, presi- Mr. HOLLINGS. So, working with $850 million. In light of programs already dent and CEO of US Airways; Thomas him, we are going to find out his steps, completed and underway to secure cockpit H. Weidemeyer, president of United and when, and get realistic drop-dead doors, we seriously question the cost effec- Parcel Service Airlines. I think—— dates, and so forth, especially air- tiveness of a program mandated in S. 2554 ports—that they can’t be rebuilt—and that would impose a further burden on Mrs. BOXER. Will the Senator yield scarce TSA resources. for a question? get this equipment in and everything Mr. HOLLINGS. For a question, yes, else. Therein I divert to join the Senator ma’am, I am glad to yield. I remember the distinguished Sen- from New Hampshire and the Senator Mrs. BOXER. I thank the Senator. ator said: Look, they make them out in from California. I am not worried The Senator always makes a great ar- my backyard, and they are only mak- about the cost. I think they are right. gument for his position, but I have to ing seven a month. They can make 50 a When we are trying to prevent a 9/11, say, these are the very same airlines month if they have the orders. let us not start talking money around who have not given the flight attend- This was last year. here. When somebody is against some- ants one new bit of training. Mrs. BOXER. Right. thing, they all want to start talking Mr. HOLLINGS. I will agree with the Mr. HOLLINGS. They were not order- money. But when I get up and try to Senator 100 percent. We have to get the ing all the things. They were won- get it paid for, I can’t find anybody flight attendants. dering about the curtains in the office who wants to pay. Mrs. BOXER. Good. and the logo. Do you not remember? Talking about Social Security, we Mr. HOLLINGS. They are on the Mrs. BOXER. Right. Mr. HOLLINGS. So we are together have been using that as a piggy bank, front lines. We call them in a war, the on that. I will agree with you on the and not a lockbox. Come on. We know MLR, the main line of resistance. With flight attendants and anything else we it. my door secure, it is the flight attend- can possibly get done to increase safe- Indeed, with secure cockpit doors now ants who are going to have to defends ty, and more than anything else, get being further upgraded with even higher pro- themselves while getting the plane tective capabilities, the advisability of intro- the airline business back up and going. down to the ground. ducing dangerous and unnecessary weapons I am very much disturbed that we Mrs. BOXER. I know the Senator is in the cockpit environment must be care- could adopt the Smith-Boxer amend- with us on that. I want to make the fully considered. ment, and you could have a plane being point, though, as you name the names Until such time as validated answers to used as a weapon of mass destruction. of folks who are good folks and good these and other questions are available, we There isn’t any question about it. It is believe that a decision to deploy firearms business-people—some better business- not going to be one fellow, and one fel- aboard commercial aircraft raises a serious people than others—they have not em- low defending himself in the cockpit. I and unnecessary risk for both passengers and braced a lot of things that you and I can see it now, with the flight attend- crewmembers. Just as we would not intro- embrace. In this case you agree with duce an aircraft into service without thor- ant outside saying, ‘‘He’s killing me’’— them, But they are not in the planes. ough testing, training of crewmembers and whatever it is—‘‘Open the door.’’ Once They fly around in their own corporate evaluating all safety measures, no one that door is slightly cracked, they have jets. should place deadly weapons in the hands of their team, and they will have prac- I say to my friend, it is the flight at- flight crews without a thorough evaluation. ticed how to take over that plane. In view of these concerns, we urge you to tendants, the pilots, and the passengers They will take the shots, the first reject calls for the introduction of thousands in the planes. I honestly think if you two or something like that, but the of deadly weapons into the cockpits of our want to look to who the leaders are on other three will get in and have that aircraft. safety, I would rather look to the pi- plane. And they will have control and I say to the Senator from California, lots and the flight attendants. they will have pistols. They will take you had a nice letter and thousands of But I know my friend feels very that pistol away. I can tell you that pilots. Here are the people who are run- strongly about the cockpit doors, and I ning the airlines, the ATA board of di- here and now. so agree with him. I just want to pose So you have really weaponized the rectors: Carl D. Donaway, chairman this question to him. He will have the aircraft, which El Al says do not ever and CEO of Airborne Express; John F. floor as long as he wants, although I do that. I can tell you that right now. Kelly, chairman of Alaska Airlines; hope we can reach some agreement on Don’t weaponize. They do not have Glenn R. Zander, president and CEO of the doors so we can end this lengthy weapons in the cockpit. Aloha Airlines; W. Douglas Parker, debate. With that having been said, that is chairman, president, and CEO of Amer- The Kevlar doors, which have been why I feel as strongly as I do. We have ican West Airlines; Donald J. Carty, put into some of the JetBlue planes, to had the tests. I agree with the distin- chairman and CEO of American Air- me, are a tremendous answer because guished colleagues. We are not worried lines; J. George Mikelsons, chairman, you cannot penetrate that Kevlar door about cost in this instance. We have al- president, and CEO of American Trans if it is kept shut. ready spent $15 billion to keep people Air; Richard H. Shuyler, chief execu- So I want to know if my friend had economically going. To save one life, I tive officer of Atlas Air; Gordon Be- seen a demonstration of that Kevlar. would spend another $15 billion. So it is thune, chairman and CEO of Conti- And as we work together on the com- not the cost; it is not the training; this nental Airlines; Leo F. Mullin, chair- mittee, I want to work with you on is a tested and true program of never man and CEO of Senator MILLER’s air- those doors. But I hope we can accom- having had a hijacking in 30 years. line, Delta Air Lines; Vicki Bretthauer, modate you in this bill and that we can I yield the floor. acting chief executive officer of DHL bring this to a vote. The PRESIDING OFFICER. The Sen- Airways; Jerry Trimarco, chief execu- Mr. HOLLINGS. Right. Well, I don’t ator from Georgia. tive officer, Emery Worldwide; An- know about agreeing to the vote. I Mr. MILLER. Madam President, I be- thony E. Bauckham, president of Ever- want to hear some more. I might be lieve that my timing could have been a green International Airlines; Frederick persuaded by the Senator from Georgia little better. W. Smith, chairman and CEO of FedEx or the Senator from New Hampshire. I Mr. REID. Madam President, will the Corporation; John W. Adams, chair- am sure they are going to have more to Senator from Georgia yield for a ques- man, president, and CEO of Hawaiian say. tion? Airlines; David Neeleman, chief execu- But, yes, one, on the flight attend- Mr. MILLER. Yes. tive officer of JetBlue Airways; Tim- ants, absolutely we have to. And we Mr. REID. I have heard a lot of the othy E. Hoeksema, chairman, presi- have that hearing next week. And we debate—not all of the debate—and I September 5, 2002 CONGRESSIONAL RECORD — SENATE S8275 have had a number of Senators from grave new danger: Homicidal fanatics I thank the Chair. both sides who are interested in know- who think nothing of using our air- The PRESIDING OFFICER. The Sen- ing when they could leave. I was trying planes to kill themselves and as many ator from Arizona. to figure out a better way to say that. Americans as they can. Mr. MCCAIN. Madam President, I I wonder if there is any idea now from With these new threats, the Amer- have recently—in fact, today—received the Senators involved—Senators Boxer, ican public has uniformly called for a copy of a letter that was addressed to SMITH, and HOLLINGS—as to how much giving the pilots every measure of pro- me as well as primarily to Senator longer is needed to debate this before tection possible in order to make our HOLLINGS, chairman of the Commerce we have a vote. skies safer. Committee. I think it is an important Mr. HOLLINGS. Not quite yet. But there are some folks who are letter. Mrs. BOXER. If I might just answer leery of putting their trust in our Na- The views of the administration the question this way: I would say, in tion’s pilots. I cannot understand the should be considered, as is always the all honesty, the ball is in the court of logic that says we can trust someone case or should always be the case when my chairman, Chairman HOLLINGS. We with a Boeing 747 in bad weather, but we are dealing with issues. This one, of have a couple of people who want to we cannot trust that same person with course, is very emotional and, frankly, talk, but they are not asking for a lot a Glock 9 millimeter. an issue which has been polarizing in of time. They have brief comments. The folks who oppose arming pilots some respects. But as soon as the Senator from South say we should put our trust elsewhere. I would like to read this letter that Carolina believes he is ready, we are We have heard about making the doors was delivered today. I hope my col- ready. We do not have anything else we stronger. We have heard about security leagues will pay attention to some of have to add. So we are working with screeners. The Senator from California the concerns raised here and perhaps him. We are trying to work with him talked about the recent examples in understand that there are some dif- on the issue of cockpit doors. We are the airports in New York where so ficult issues that need to be addressed. hoping that it will occur to him to per- many went through with things that Among them are training, cockpit haps support us or at least allow us to they should not have had in their lug- modifications, coordination with other have a vote. We just have to wait and gage. We all know how that is. We nations and international airlines—for see. travel. We see it. Deep down we know example, landing in a country that has Mr. REID. Madam President, I appre- it is a screening process that our Na- stricter gun control laws—and com- ciate very much the Senator from tion’s Transportation Security Admin- plying with State and local gun control Georgia yielding. I just say this: I can istration’s own studies show fails one laws. As we know, there are different remember when the Senator offered his out of every four times. So let’s face it, laws in different States, the issue of if our pilots were failing one out of amendment, which was adopted over- legal liability, support organization, every four landings, America would not whelmingly, on the energy bill that and the cost. So I would like to read be putting our trust in them to keep us pickups would not be subject to SUV this letter that was sent by Admiral safe. Loy to Senator HOLLINGS with a copy guidelines. And I had a conversation Our Nation’s air safety plan has mul- to me: with the Senator from Georgia at that tiple levels, from little steps such as time that I thought it should be a re- banning nail clippers, all the way up to Dear Mr. Chairman, This responds to your letter to me of August 1, 2002. I wanted to an- quirement that all pickups sold in the authorizing military fighter aircraft to United States should come out with swer your question on my views about shoot down a commercial jetliner filled whether and how to arm flight deck crews gun racks. Do you remember that, Sen- with innocent passengers. ator? operating commercial aircraft. The balance Why is there not—somewhere be- of the questions in your letter will be ad- Mr. MILLER. I would be happy not to tween banning nail clippers and shoot- dressed by separate correspondence, which I make any remarks and we vote right ing down the plane, somewhere be- will send you later this week. now. I am not anxious to follow Sen- tween those two extremes—some room This letter is from Admiral Loy, the ator HOLLINGS in this debate. But if we for allowing a trained pilot to use a new acting Under Secretary for the are not going to have a vote right now, handgun to defend the cockpit? Transportation Security Administra- then I think I will make some remarks. Some critics have worried what tion. Mr. REID. I think you should pro- might happen if terrorists got hold of He goes on to say: ceed. the gun, to which I would answer: After I began work as the Acting Under The PRESIDING OFFICER. The Sen- Nothing worse than if terrorists got Secretary at the Transportation Security ator from Georgia. control of the aircraft. Others wonder Administration (TSA), and following the Mr. MILLER. Madam President, as I what happens if a bullet goes astray in vote in July by the House of Representatives started to say, my timing could be the fight with a terrorist. Could it supporting a program to arm pilots with le- somewhat better than following my damage the aircraft? I would answer: thal weapons, Secretary Mineta asked me to good friend from South Carolina. Yes, but not nearly as much as a mis- review the range of issues associated with a No one in this body or outside of this sile that would be fired at the aircraft voluntary deployment of guns in the cockpit. His concern and mine is, above all, to ensure body has more respect, more admira- if terrorists took control. tion, and more downright affection for the safety of airline passengers and crew. I If you have any doubts about how the have finished my review and wanted to share someone than I do for the Senator from American public feels about this sub- my conclusions and concerns with you while South Carolina. His record as Lieuten- ject, ask them this question: If you had the discussion continues in the Congress. ant Governor, as Governor, and as Sen- to choose between flying on an airline Our review included significant outreach in ator for 35 years is stuff of which leg- with pilots who were armed to protect which we sought counsel from airlines, pi- ends are made. On this issue, unfortu- the cockpit and an airline whose pilots lots, airports, the FAA and numerous federal nately, I disagree with him, because I were unarmed, which would you law enforcement agencies, including the FBI, rise today in support of this amend- choose? I am convinced they would Secret Service and ATF. The study team ment. evaluated a range of deployment and train- overwhelmingly choose to fly with ing options and numerous associated policy Our airline pilots are among the armed pilots, and I am just as con- and budget issues. The review was intended most highly trained professionals in all vinced that terrorists would prefer to to reach general conclusions and also to out- of the American workforce. Every day fly with defenseless pilots. line the elements of the general protocols to millions of Americans put their lives in That is why I am a cosponsor of this be followed if a decision was made to arm pi- the hands of airline pilots, and we have bipartisan amendment to train and lots. A core assumption of pending legisla- great reason to give them our trust. arm our Nation’s airline pilots. I, for tion, and also of our review, was that any Thanks to literally thousands and one, trust our Nation’s pilots to keep program would be carried out by volunteer thousands of hours of training, com- me safe when I fly. But I want to give pilots who would receive training consistent with the designation as armed Federal mercial airline pilots have made avia- them more than just my trust. I want Flight Deck Officers. tion our Nation’s safest form of public to give them the training and the tools We concluded that if legislation is passed transportation. But since September they need to keep all Americans safe in authorizing a program to arm pilots with le- 11, our Nation’s pilots are faced with a the air. thal weapons, it would be preferable if pilots S8276 CONGRESSIONAL RECORD — SENATE September 5, 2002 were individually issued lockboxes that doors, we seriously question the cost effec- ability and responsibilities of employees and would be used to transport their weapons to tiveness of a program mandated in S. 2554 airlines when a weapon is carried on duty and from the aircraft. They would be trained that would impose a further burden on and off duty. It must include specific train- on weapon use and their responsibilities scarce TSA resources. Indeed, with secure ing about the circumstances under which the under the program, and subject to periodic cockpit doors now being further upgraded weapon may be used onboard the aircraft and evaluation. The pilots would be responsible with even higher protective capabilities, the outside the aircraft at airports and within for maintenance and proper care of the weap- advisability of introducing dangerous and the community at large. It must establish on. We determined that the alternative pro- unnecessary weapons in the cockpit environ- protocols and communications tools to co- gram design—having general use weapons ment must be carefully considered. ordinate a pilot’s responsibilities with those stored aboard an aircraft and maintained by Until such time as validated answers to of Federal Air Marshals and other law en- a cadre of airline employees—poses greater these and other questions are available, we forcement officers authorized to travel security risks, operational complexity and believe that a decision to deploy firearms armed. It is possible that special training fa- cost. aboard commercial aircraft raises a serious cilities would be needed for high-volume Many of the federal law enforcement ex- and unnecessary risk for both passengers and training, so that the program could incor- perts we consulted continue to have signifi- crewmembers. Just as we would not intro- porate at least some practice in a simulated cant concerns about arming pilots with ei- duce an aircraft into service without thor- aircraft environment, such as is provided to ther lethal or non-lethal weapons. The air- ough testing, training of crewmembers and our Federal Air Marshals. line industry shares these concerns. The evaluating all safety measures, no one Cockpit modifications. In order to allow Board of Directors of the Air Transport As- should place deadly weapons in the hands of ready access to the weapon in the cockpit sociation has sent Secretary Mineta a letter flight crews without a thorough evaluation. while securing it appropriately, it would be signed by twenty-one airline chief executive In view of these concerns, we urge you to necessary to install special sleeves for the officers urging a cautious approach to arm- consider a more pragmatic, thoughtful ap- weapons in each cockpit. Obviously each dif- ing pilots and outling their concerns (at- proach that does not interject excessive ferent aircraft will raise different design and tached). risks and consequences for the traveling pub- installation considerations. It would be nec- I ask unanimous consent that the lic and our employees. Moving forward, you essary for TSA, the airlines and aircraft can rest assured we will continue to take all manufacturers to assess these issues in more letter from the board of directors of necessary steps to ensure that air travel re- detail. the Air Transport Association, sent to mains the world’s safest form of transpor- Coordination with other nations and inter- Secretary Mineta, be printed in the tation. national airlines. There are numerous RECORD. Sincerely, thorny issues that must be resolved with for- There being no objection, the letter ATA Board of Directors: Carl D. eign nations and foreign airlines. For exam- was ordered to be printed in the Donaway, Chairman & CEO, Airborne ple, pilots flying international routes for a U.S. carrier must comply with gun control RECORD, as follows: Express; John F. Kelly, Chairman, laws abroad. In order to avoid conflict, TSA, AIR TRANSPORT ASSOCIATION, Alaska Airlines; Glenn R. Zander, with the support of other federal agencies, Washington, DC, September 2, 2002. President & CEO, Aloha Airlines; W. would need to undertake extensive coordina- Hon. NORMAN Y. MINETA, Douglas Parker, Chairman, President tion with countries around the globe to clar- Secretary, Department of Transportation, & CEO, America West Airlines; Donald ify rights and responsibilities of airline em- Washington, DC. J. Carty, Chairman & CEO, American ployees traveling armed. Would we authorize DEAR MR. SECRETARY: With the safety of Airlines; J. George Mikelsons, Chair- the employees of foreign air carriers to par- our passengers and crewmembers as our man, President & CEO, American ticipate in this program? Would we provide number one priority, we are writing to con- Trans Air; Richard H. Shuyler, Chief reciprocal access to the U.S. if other nations vey our thoughts regarding S. 2554 that Executive Officer, Atlas Air; Gordon design similar programs to arm pilots? What would permit the use of firearms by pilots Bethune, Chairman & CEO, Conti- type of background investigation would be aboard commercial aircraft. As discussions nental Airlines; Leo F. Mullin, Chair- possible and necessary? Who would pay? continue on the merits of this subject, we man & CEO, Delta Air Lines; Vicky Bretthauer, Acting Chief Executive Of- Complying with state and local gun con- stand ready to work with Congress and the trol laws. We have only begun to assess the Administration in an effort to reach a pru- ficer, DHL Airways. Jerry Trimarco, Chief Executive Officer, issues associated with complying with state dent consensus position. and local gun control laws. Our review sug- In the aftermath of the tragic events of Emery Worldwide; Anthony E. Bauckham, President, Evergreen Inter- gests that some meaningful legal work and September 11, we understand the rationale coordination would be an early task for the for providing crewmembers with means to national Airlines; Frederick W. Smith, Chairman & CEO, FedEx Corporation; program. defend themselves and their aircraft. How- Legal liability. There are numerous and ever, we believe that allowing guns aboard John W. Adams, Chairman, President & CEO, Hawaiian Airlines; David complex issues of legal liability that need every aircraft in the absence of comprehen- careful, thorough review. These relate to the sive research and testing and without a full Neeleman, Chief Executive Officer, JetBlue Airways; Timothy E. pilots, flight crews, other airline employees, evaluation of the potential consequences, is the airlines, airports, vendors supporting the ill-advised. Hoeksema, Chairman, President & CEO, Midwest Express Airlines; Rich- program and individuals who provide train- A variety of serious safety, technical and ing to the pilots participating in the pro- training issues have been raised that require ard H. Anderson, Chief Executive Offi- cer, Northwest Airlines; Herbert D. gram. answers prior to moving forward with any A large support organization. A worldwide Kelleher, Chairman, Southwest Air- proposal to allow the use of firearms by program of this size would require sizable lines; John W. Creighton, Jr., Chair- cockpit crews. To ensure the safety and secu- staff and support. Existing TSA head- man & CEO, United Airlines; Thomas rity of our customers and employees, we quarters functions would be considerably H. Weidemeyer, President, United Par- have a duty and obligation to ask these stretched in order to manage the program, cel Service Airlines; David N. Siegel, tough questions and to have a clear under- track the inventory of federal weapons and President & CEO, US Airways. standing of the answers. Otherwise, innocent investigate accidental weapon discharges, passengers and crewmembers could be killed Mr. MCCAIN. Continuing from Admi- program operation and public complaints. or injured. ral Loy’s letter to Chairman HOLLINGS: Cost. Our preliminary estimate is that a For example, what studies or testing have We agree that there are literally dozens of program involving all commercial pilots been conducted to determine the effects of issues that would need to be resolved as part could cost up to $900 million for the start-up an accidental weapon discharge in a pressur- of a program involving lethal weapons. Let and some $250 million annually thereafter. Of ized aircraft at altitude, or discharge into a me mention a few such issues or questions. course these estimates must be refined to re- sophisticated instrument panel? How will The next topic that he brings up is flect details of an actual program, including the firearm be stowed, maintained and pro- entitled ‘‘Training curricula and pro- the possibility that fewer than all commer- tected from misuse between flights, particu- cial pilots will participate. These estimates larly when the aircraft is parked overnight gram design.’’ do not include any projections for necessary or deployed in international operations? We estimate that some 85,000 pilots may be cockpit modifications to accommodate ready What is the process to measure the ability of eligible for the program authorized by the access to the firearms. The total program armed pilots to handle a firearm in the close House. In order to avoid significant safety costs may vary widely according to program confines of the cockpit? Will the training and security risk, a detailed, effective train- design decisions, but any program open to all program disrupt the airline’s ability to oper- ing program must be designed from scratch pilots would be very expensive. TSA’s cur- ate their schedules? and tested. This must include firearms train- rent budget does not allow for further work The Transportation Security Administra- ing and safety instruction. It would include in this area, which raises the question of who tion has testified that the cost to the gov- classroom training on numerous issues, such will bear the cost of this potentially expen- ernment for the program is approximately as airport security procedures that would be sive program. $850 million. In light of programs already established for airline employees to carry I am convinced that if there is to be re- completed and underway to secure cockpit weapons through airports, and the legal li- sponsible legislation establishing a program September 5, 2002 CONGRESSIONAL RECORD — SENATE S8277 to allow guns in the cockpit, it must address I yield the floor. Besides the fact that firearms can ac- the numerous safety, security, cost and oper- Mr. LIEBERMAN. Madam President, tually give our flight crews a practical ational issues raised by TSA’s review, and I rise to support this amendment, advantage over terrorists in the air—if should enable us to implement the program which would enable those we already in a methodical, careful, and pragmatic man- it comes down to that—sending the ner. entrust with our lives on airplanes— message that the good guys will be I remain committed to working with the namely, pilots and flight attendants— armed gives us an important psycho- Senate and the House of Representatives on to have the tools and the training they logical advantage as well. The mere this important issue. I have provided an need to disable terrorists in the air. fact that a pilot or co-pilot could have identical copy of this letter to Senator Since September 11th, we have taken a lethal weapon should be a powerful McCain. Thank you for your interest and many steps to make it safer to fly. For deterrent to would-be terrorists. leadership in this matter and I look forward all the agency’s troubles, the creation to our hearing next Tuesday. We will never forget the heroism of Very Respectfully, of the Transportation Safety Adminis- the men and women on Flight 93 who JAMES M. LOY, tration has been a step forward. Air- resisted the highjackers and brought Acting Under Secretary. lines themselves have beefed up their down that plane, which may well have The reason I read this letter is that I security. Airports like Bradley Inter- been headed in our direction. It is in think it is important for us to under- national Airport in Windsor Locks, their spirit that this amendment stand there are a lot of complexities in- Connecticut—which I toured last should be considered. The flight crew volved with implementing a program of month—have made very visible isn’t a passive target. It is an active this nature. I know there are certain progress. And so much of this progress force that can fight back against any- foreign countries where no one is al- has resulted from better collaboration one who seeks to hijack a plane or use and cooperation, which bodes well for lowed to carry or possess a weapon it as a weapon ever again. under any circumstances—certainly the creation of a Department of Home- Of course we need to secure the cock- not a hand weapon, if it is not for hunt- land Security. pit door. Of course we need to make ing purposes. I know there are different But we still have a long way to go laws in different States as far as weap- and a short time to get there. I was dis- sure that the passengers are screened ons control is concerned. turbed by an investigative report in effectively for weapons. Of course we I wonder who is going to pay the $900 yesterday’s New York Daily News. Let need to have high-quality, well-trained million for startup and some $250 mil- me read you the opening: air marshals on our flights. But we lion annually thereafter. I think that Carry-on bags concealing potentially dead- should also take this sane, sensible issue should be addressed here. I visited ly weapons. Six major airlines. Eleven air- step of training and equipping our with the CEO of a major airline this ports. Fourteen flights. And not once did flight crews, who we already entrust morning who made a compelling case anyone catch on. with our lives, with the tools they need that the major airlines in the United To test the supposedly more stringent se- to protect us. curity imposed at the nation’s airports after I strongly support this amendment. States are in deep and serious trouble. the Sept. 11 attacks, Daily News reporters One major airline just declared bank- boarded flights over the Labor Day weekend Mr. SPECTER. Madam President, I ruptcy. Others are convinced that an- carrying contraband—including box cutters, am unable to support the amendment other major airline will be declaring razor knives and pepper spray. by my colleagues Senator SMITH and bankruptcy soon. Not a single airport security checkpoint Senator BOXER to arm pilots on com- Who is going to pay for this program? spotted or confiscated any of the dangerous mercial flights because I am concerned Are we going to lay it on the airlines, items, all of which have been banned from that such a proposal would invite gun airports and planes by federal authorities. or are we going to lay it on the tax- fights in the cockpit. Obviously we must fix these lapses payers of America? I believe that federal air marshals without further delay. But at the same Legal liability is always a question are the individuals best suited to han- time, we have to realize no matter whenever we embark on a program dle any terrorist situation which might what security procedures we put in that involves the use of weapons. The arise on a flight, and am fully sup- place on the ground, they won’t be support organization at TSA, I think, portive of providing the financial re- failsafe. We need a security network is a legitimate question. Right now, we sources necessary to hire additional air that’s flexible enough to protect pas- are facing a deadline of the end of the marshals. Although this amendment sengers from danger even if one link in year for installation of devices that would provide significant training for the chain breaks down. would check all luggage. We all know pilots to handle firearms, I remain con- that isn’t going to happen. We are un- The reality is, if a dangerous person has managed to get on a plane with a cerned that in an emergency situation dergoing the transition from private their concentration should be focused companies to Federal employees at our weapon or an explosive device, there is one last line of defense: the people on on flying the plane, not dealing with airports. attackers in the passenger cabin. So what I am asking is that the spon- the plane. We need to make sure that sors of the legislation, who obviously last line of defense is a strong line of I do strongly support the provision in feel very strongly on this issue, make defense. the amendment which would provide sure that, as we enact this legislation— Having our flight crew carry weapons self-defense training for flight attend- and I am convinced there will be a sig- has been carefully considered in both ants, however I simply do not believe it nificant vote in support of this amend- houses of Congress. We’ve thought is worth the risk to have the avail- ment—these issues are adequately ad- through stun guns as an alternative, ability of guns in the cockpit which dressed. I think these issues warrant but it turns out they are unreliable, could fall into terrorist hands. our concern and our attention. There and the cockpit is too small to use Mr. HATCH. Madam President, I rise are very small airplanes—for example, them effectively. While potential con- today in support of the amendment of- commuter aircraft—that carry a siz- cerns and complications about equip- fered by my friend and colleague, Sen- able number of passengers. How are we ping pilots with firearms have been ator BOB SMITH, the Arming Pilots going to put those weapons in those raised, in the end, this idea just makes Against Terrorism and Cabin Defense very small cockpits? I am sure there is sense. Act of 2002. This amendment sends a a way, but I want to impress upon my It is also important to note that this strong message to would-be terrorists colleagues that there is a lot of com- amendment provides much-needed and acts as a significant deterrent plexity associated with this issue as training and communications capa- against the hijacking of America’s outlined by Admiral Loy, and there are bility for the cabin crew. These provi- planes. other concerns that I think we deserve sions will prepare flight attendants, As a last line of defense in potential to know at least some of the solutions who are often the first to encounter po- terrorist attacks, I believe that pilots for as we address this amendment and tential hijackers on a flight, to handle who want to should have the ability to this issue, which has already been such threats. Flight attendants will carry firearms in order to defend the passed by the other body and, I am con- also have improved communications cockpit. This is a policy that makes fident, would be passed by a large vote with the cockpit in the event of an sense. An overwhelming majority of here. emergency. the American public supports arming S8278 CONGRESSIONAL RECORD — SENATE September 5, 2002 pilots. Counterterrorism experts be- these individuals to carry weapons on- The PRESIDING OFFICER. Without lieve that firearms are the best deter- board planes after they have received objection, it is so ordered. rent when it comes to cockpit security. proper training, I am concerned about Mr. REID. I also ask unanimous con- I have heard from large numbers of the Federal Government picking up the sent that the Senate then vote with re- pilots and constituents from my home tab. spect to the Reid for Boxer-Smith state of Utah who advocate for the While I have reservations over a few amendment No. 4492; that upon disposi- ability of pilots to carry guns to pro- of the provisions of this bill, on the tion of that amendment, the Smith tect the cockpit. It is my hope that other hand, it can readily be argued amendment No. 4491, as amended, if this amendment will help ensure that that no legislation allowing pilots to amended, be agreed to, and the motion all who travel on airlines feel safe, in- be armed if they wish might com- to reconsider be laid upon the table, cluding pilots, flight attendants, and promise the safety of our skies. This is without further intervening action or most importantly, the public. While I not a perfect piece of legislation, but debate. support the right of pilots to carry on balance, I think it is a needed one. The PRESIDING OFFICER. Without weapons on-board aircraft, at the same I will vote for this amendment in order objection, it is so ordered. time, it is important for them to re- to take an additional step to help en- Mr. REID. So Members should be ad- ceive the proper training to be able to sure the safety of our airlines and urge vised that at approximately 4:55 there will be a vote. discharge a firearm in the cockpit safe- my colleagues to do the same. Mr. THURMOND. Madam President, I The PRESIDING OFFICER. The Sen- ly and effectively. ator from Alaska is recognized. I also support the language in this rise today in support of the amendment to establish a program to permit pilots Mr. MURKOWSKI. Madam President, amendment that exempts the airlines I didn’t hear the time of the vote. and pilots from liability as they at- to defend their aircraft against acts of criminal violence or air piracy. This Mr. REID. As soon as the Senator has tempt to defend our airplanes. This is finished. legislation will provide a critical last an industry that has been struggling, Mr. MURKOWSKI. Madam President, line of defense to secure commercial even before the tragic events of Sep- I am proud to join Senator SMITH, Sen- aircraft, allowing qualified pilots to tember 11th. We must not further bur- ator BOXER, and others. I was one of den these companies with what could carry firearms. the original Members joining Senator The legislation requires the Under eventually be frivolous lawsuits that SMITH in this effort, which allows com- Secretary of Transportation for Secu- would endanger the domestic airline mercial pilots the right to carry fire- rity to establish a program not later industries very existence. I am encour- arms in defense of their aircraft. aged to see that this important issue is than 90 days after the date of enact- We have heard the explanation given ment to deputize qualified volunteer addressed in Senator SMITH’s amend- time and again, if indeed an aircraft is ment. pilots as Federal law enforcement offi- hijacked and you happen to be on that I must add that, while there are cers to defend the cockpits of commer- plane, that there is the authority to many worthy aspects to this amend- cial aircraft in flight against acts of take that airplane down with a mili- ment, portions of it give me pause. The criminal violence or air piracy. Pilots tary jet, an F–l6, or whatever. I think foremost issue is who bears the burden who are deputized will be known as any Member, if asked would they sup- of its cost. At a time when Congress ‘‘Federal Flight Deck Officers’’ and port having the pilot in command of has critically-important decisions to will be authorized to carry a firearm the aircraft having a weapon of some make as we face our responsibility to and use force—including deadly force— kind, a handgun, as a last line of de- improve our national aviation and against an individual in defense of an fense, that virtually every Member of aircraft. homeland security procedures, we must this body would say absolutely, any- I was disappointed that the Depart- balance those responsibilities with our thing other than the alternative, which ment of Transportation initially op- commitment that many of us made to would be to take the aircraft down. posed this effort. Recently the Depart- I have listened to the debate here off our constituents to spend within our ment has indicated its support for a means and avoid increased deficit and on today, and I would like to com- limited pilot program. While important ment a little bit. The Senator from spending. steps to improve the security of our This amendment could have serious South Carolina is interested in the se- airports and protect the flying public unintended consequences. As part of cure doors. have been taken, the tragic events of our nation’s aviation and homeland se- Some of the airlines are putting se- last September 11th demonstrated our curity policy, the Federal Government cure doors on their aircraft. They are enemies will stop at nothing to inflict doing it currently at their own ex- is already paying for Federal air mar- harm on Americans and destroy our pense. I just took a flight across the shals, the federalization of the baggage way of life. Our response must be country, and the cockpit door was screening process, and reinforced cock- equally as determined and resolute. We opened six times by either the pilot or pit doors. These are important safety must not take half measures or engage copilot on a 51⁄2 hour flight. At least measures that I strongly support. The in wishful thinking. We must not re- two times it was opened to provide food Transportation Security Administra- frain from utilizing every tool we pos- access into the cockpit. So that cock- tion estimates this amendment will sess. We must enable those who pilot pit door was opened eight times during initially cost approximately $884 mil- commercial passenger aircraft to de- that flight. lion, of which the majority, $865 mil- fend against any threat and protect the That is the harsh reality. We do not lion, will go to pay for training, re- safety of their aircraft and passengers. have the capability to feed nor to pro- qualification, equipment, background And finally, we must do so without fur- vide restroom facilities for the crew. checks, program management, and di- ther delay. This amendment properly We are certainly not going to retrofit rect course costs for 85,000 pilots over a addresses those concerns and I strongly all the aircraft in the skies imme- period of two years. And at least $264 support its passage. diately with those capabilities in the million of the $885 million will be re- The PRESIDING OFFICER. The Sen- cockpit. So we are going to have the curring costs. Furthermore, an addi- ator from Nevada is recognized. potential risk. tional $16.5 million will need to be allo- Mr. REID. We are very close to hav- While those who perhaps commute cated for the purchase and installation ing a vote on this amendment. Sen- short distances feel secure because of a of gun storage boxes on airplanes. That ators BOXER and SMITH worked out the closed cockpit, we do not have that on being said, I don’t think that the air- problem with the Commerce Com- a cross-country flight. That is the line industry can afford to pay these mittee. I am grateful for that. The only harsh reality. training costs either. speaker I know of is Senator MUR- It is also apparent, as the Senator Serious questions must be raised KOWSKI, who wishes to speak for about from Arizona pointed out, that there is about having the Federal Government 5 minutes on this issue. some difficulty in implementing the shouldering the costs of training. The I ask unanimous consent that as soon program. The idea of secure doors and amendment not only allows for pilots as he completes his statement, the the question of who pays for it, obvi- to be trained, but flight attendants as Senator from California be recognized ously, are concerns of the airline indus- well. I strongly support the ability of to modify her amendment. try. How the guns are managed, if you September 5, 2002 CONGRESSIONAL RECORD — SENATE S8279 will, is a concern of the airlines. Their safety. I think most of the pilots would This is an issue on which Senator business, obviously, is reducing the agree they, too, want to have this ca- HOLLINGS has been a very strong and amount of administrative authority pability and are prepared to use it in sometimes lone voice. We are very they can, but our job is protecting the an appropriate manner. proud to accommodate him, and we public. I do not take this legislation lightly. hope, therefore, he will be with us on If, indeed, history proves itself, as it This amendment does not cavalierly this vote. appears to have done in a couple of in- attempt to hand out guns to flight The PRESIDING OFFICER. Without stances, one occurred on a FedEx cargo crews, and wish them the best. objection, the amendment is further plane. During takeoff, the crew was Because of September 11, 2001, and modified. overpowered by an individual who was the tactics used by the hijackers that The amendment (No. 4492), as further a crew member who happened to be day, we must change the way aircraft modified, is as follows: deadheading on the flight, and he at- and passengers are protected. The At the end of the amendment add the fol- tacked them with a hammer. There amendment is an important part of lowing: was a tremendous fight in the cockpit. that effort. SECTION 1. PROHIBITION ON OPENING COCKPIT This aircraft was fully loaded with fuel As many in this body are aware, DOORS IN FLIGHT. and freight, but the crew managed to there is a large percentage of pilots (a) IN GENERAL.—Subchapter I of chapter subdue this individual with the weapon who have served in the military and 449 of title 49, United States Code, is amend- ed by adding at the end the following: they were able to take away from the law enforcement. In fact, many also serve as reservists in the different Sec. 44917. Prohibition on opening cockpit doors in individual who initiated the attack and flight land that aircraft safely. It was a ham- branches of the military. These pilots have been trained in the use of weap- ‘‘(a) IN GENERAL.—The door to the flight mer. It was very bloody. Nevertheless, deck of any aircraft engaged in passenger air it proved that the crew was willing to onry. Why not utilize the trained per- transportation or interstate air transpor- do whatever they could to stop that sonnel already on hand? tation that is required to have a door be- The Airline Pilots Association sup- aircraft from crashing. I gather it was tween the passenger and pilot compartment ports this concept and has written to to crash into some of the FedEx facili- under title 14, Code of Federal Regulations, the F.B.I. requesting a program to shall remain closed and locked at all times ties. train cockpit personnel. I have heard during flight except for mechanical or phys- If we look at the concerns expressed from many pilots in Alaska and around iological emergencies. in the general discussion about secure the country that support it. So why ‘‘(b) MANTRAP DOOR EXCEPTION.—It shall doors, we cannot secure the door; it is not further enhance the chances of pas- not be a violation of subsection (a) for an au- going to be opened from time to time. thorized person to enter or leave the flight senger and aircraft survival? There is talk about changing the air deck during flight of any aircraft described I applaud the administration and this pressure of the aircraft by puncturing in subsection (a) that is equipped with dou- Congress for moving quickly to secure the hull. An air marshal is obviously ble doors between the flight deck and the cockpit cabins, adding needed Sky trained. If there is an altercation of passenger compartment that are designed so Marshals, improving airport perimeter that— some nature, there is as much chance security, training screening personnel, ‘‘(1) any person entering or leaving the of penetrating the hull by him. Evi- and increasing flight deck security. flight deck is required to lock the first door dence has shown there is not an explo- But we must also afford passengers through which that person passes before the sion, there is a decompression, and a the utmost in security after the plane second door can be opened; and decompression is manageable by the ‘‘(2) the flight crew is able to monitor by has cleared the runway. Arming pilots remote camera the area between the 2 doors cockpit crew. is not the only solution, but it is an As we look at the alternatives, it is and prevent the door to the flight deck from important component. clear that the airlines oppose this be- being unlocked from that area.’’. The pilots know they need it. The (b) CONFORMING AMENDMENT.—The chapter cause they are not in the business of passengers will support it. And this analysis for chapter 449 of title 49, United managing guns. Their bottom line is Congress should pass it. I encourage States Code, is amended by inserting after transporting passengers. It does create my colleagues to support this amend- the item relating to section 44916 the fol- problems. But if we look at how we are ment. lowing: implementing the security program in I yield the floor. ‘‘44917. Prohibition on opening cockpit doors in flight.’’ this country, it was not very well The PRESIDING OFFICER (Mr. NEL- thought out. I am not suggesting that SON of Nebraska). Who yields time? Mrs. BOXER. Mr. President, in clos- as an example. Nevertheless, we are The Senator from New Hampshire. ing this debate, I thank everyone, par- looking at a first rather I should say Mr. SMITH of New Hampshire. Mr. ticularly Senator SMITH for his amaz- last line of defense which is probably President, I ask unanimous consent to ing work. more correct. add Senators TIM HUTCHINSON, CRAIG I ask unanimous consent that Sen- We have debated this back and forth. THOMAS, and STROM THURMOND as ator BAUCUS be added as a cosponsor. We as legislators, and certainly as pas- original cosponsors, and I thank my The PRESIDING OFFICER. Without sengers, have to recognize we trust the colleague from South Carolina for his objection, it is so ordered. flight crew with our very safety and se- cooperation. I appreciate it very much. Mrs. BOXER. Mr. President, I say to curity, and we should give them all the I again thank my colleague, Senator the flight attendants and the pilots tools to complete that task. That is BOXER, for her leadership, and I thank who worked so hard to help us get this the reason I am standing with my Senator REID for his cooperation as to a vote today: Your work will be re- friend, Senator SMITH, on this legisla- well. warded. You are, in many cases, the tion. It is first and foremost an at- Mr. HOLLINGS. I thank the Senator last line of defense with the fact that tempt to increase the level of safety from New Hampshire. our security checkpoints are failing, aboard our commercial airliners. The PRESIDING OFFICER. Without unfortunately. They are doing better, My State of Alaska has many small objection, it is so ordered. but they are not where they should be, planes. There are firearms available for The Senator from California. and contraband is getting on to the various reasons: If the plane goes down AMENDMENT NO. 4492, AS FURTHER MODIFIED planes, coupled with the fact that our or if a passenger attempts to overcome Mrs. BOXER. Mr. President, we are military has orders to shoot down a the crew. As we look at the question of about to vote in 2 minutes. I am going plane that has been taken over by hi- guns in the cockpit, there is a great in- to wrap up in 2 minutes. I send a modi- jackers. Let’s give this program a consistency. One is the inconsistency fication of my amendment to the desk. chance. Let’s give people a chance to associated with sky marshals, and the I want to explain to my colleagues that save their lives and the lives of the other is associated with the realization this is a modification that has been crew, the passengers and, frankly, the that we would simply be arming pilots written by Senator HOLLINGS. It will people on the ground. who are highly trained. result in the cockpit door remaining This is important for homeland secu- I do not think there is any question closed during the flight except for me- rity, to make sure we are doing every- about the substance of this amend- chanical emergencies or physiological thing to avoid another 9/11. I ask for an ment. It provides a greater level of emergencies. aye vote. S8280 CONGRESSIONAL RECORD — SENATE September 5, 2002 I yield the floor. Lugar Reid Snowe chemical weapons storage sites and McCain Roberts Stabenow The PRESIDING OFFICER. The Sen- McConnell Rockefeller Stevens weapons destruction facilities, we must ator from Nevada. Mikulski Santorum Thomas be ever vigilant. That is what this Mr. REID. Mr. President, before we Miller Sarbanes Thompson amendment seeks to do by: vote—and the vote will occur momen- Murkowski Schumer Thurmond First, requiring the Secretary of De- Murray Sessions Voinovich tarily—I have spoken to the majority Nelson (FL) Shelby Warner fense to review the current temporary leader, and this will be the last vote to- Nelson (NE) Smith (NH) Wellstone flight restrictions to determine if they night. I will also indicate the majority Nickles Smith (OR) Wyden are sufficient to provide maximum pro- leader has indicated we will come in on NAYS—6 tection to these facilities from poten- Monday at 12 o’clock. We will have an Chafee Jeffords Reed tial airborne threats and to report his hour of morning business, and at 1 Corzine Kennedy Specter findings to Congress. Second, the amendment would re- o’clock we will vote on a judicial nomi- NOT VOTING—7 nation, or if we do not work something quire the FAA to issue a report on each Akaka Ensign Torricelli violation of the temporary flight re- out on the cloture motion that was Biden Harkin filed today, we will vote on that on Bunning Helms strictions which apply to these sites. Mr. President, as I have stated, very Monday. We will have a pro forma ses- The amendment (No. 4492), as further serious penalties already exist for sion in the morning, and that would modified, was agreed to. those who violate these restrictions. ripen on Monday. Mr. SMITH of New Hampshire. I Given the tremendous danger to the We are going to have to vote on Mon- move to reconsider the vote. workers and local citizens associated day at 1 o’clock either on a judicial Mrs. BOXER. I move to lay that mo- with any unintentional crash or inten- nomination or cloture on drought as- tion on the table. tional act at any one of these storage sistance. The motion to lay on the table was sites, I believe this amendment is both I appreciate everyone’s cooperation agreed to. today. We have been able to move for- reasonable and prudent in requiring AMENDMENT NO. 4491, AS AMENDED ward two very important amendments the FAA to report on actions taken in The PRESIDING OFFICER. Under on this very important legislation. I response to a confirmed and properly the previous order, amendment No. have spoken with Senator THOMPSON. investigated restricted airspace viola- 4491, as amended, is agreed to, and the We have not cleared this with Senator tion. motion to reconsider is laid on the BYRD and others. We want to make Lastly, in the amendment we ask the table. sure Senator THOMPSON has the first Secretary of Defense to assess the use The amendment (No. 4491), as amend- amendment when we come back on of periodic air patrols and military ed, was agreed to. Monday, and following that, Senator flight training exercises in terms of Mr. LEAHY. Mr. President, I suggest BYRD will have the next amendment. their effectiveness as a deterrent to the absence of a quorum. airspace violations or other potential Mrs. BOXER. Mr. President, I ask for The PRESIDING OFFICER. The the yeas and nays on the amendment. airborne threats to these facilities. clerk will call the roll. While little, if anything, could be The PRESIDING OFFICER. Is there a The legislative clerk proceeded to sufficient second? done to stop someone intent on attack- call the roll. ing one of these storage sites from the There appears to be a sufficient sec- Mr. LIEBERMAN. Mr. President, I air, we should take every step to make ond. ask unanimous consent the order for sure that these flight restrictions are The question is on agreeing to the quorum call be rescinded. respected and violators are punished. amendment No. 4492, as further modi- The PRESIDING OFFICER. Without This amendment is about safety, en- fied. The clerk will call the roll. objection, it is so ordered. forcement of the law, and, ultimately, The assistant legislative clerk called Mr. SHELBY. Mr. President, I am protection of our citizens who live in the roll. pleased to join with Senator BAYH in close proximity to these chemical Mr. REID. I announce that the Sen- offering an amendment to the home- weapons facilities. ator from Hawaii (Mr. AKAKA), the Sen- land security bill. f ator from Delaware (Mr. BIDEN), the It is a straighforward amendment de- Senator from Iowa (Mr. HARKIN), and signed to improve and strengthen the MORNING BUSINESS the Senator from New Jersey (Mr. protection of our Department of De- Mr. LIEBERMAN. Mr. President, I TORRICELLI), are necessarily absent. fense installations which contain the ask unanimous consent that there now Mr. NICKLES. I announce that the storage and destruction facilities for be a period for morning business with Senator from Kentucky (Mr. BUNNING), our Nation’s chemical agent and muni- Senators permitted to speak therein the Senator from Nevada (Mr. ENSIGN), tions stockpile. for up to 10 minutes each. and the Senator from North Carolina Prior to September 11, no temporary The PRESIDING OFFICER. Without (Mr. HELMS) are necessarily absent. flight restrictions existed for any of objection, it is so ordered. I further announce that if present our Nation’s chemical weapons stock- Mr. LIEBERMAN. I suggest the ab- and voting the Senator from Kentucky pile sites. Secretary Rumsfeld took sence of a quorum. (Mr. BUNNING), would vote ‘‘yea’’ quick action after September 11 to es- The PRESIDING OFFICER. The The result was announced—yeas 87, tablish temporary flight restrictions at clerk will call the roll. nays 6, as follows: each of these sites, but numerous viola- The legislative clerk proceeded to [Rollcall Vote No. 210 Leg.] tions of these flight restrictions have call the roll. Mr. SESSIONS. Mr. President, I ask YEAS—87 occurred. unanimous consent the order for the Allard Collins Grassley In the case of the Anniston Chemical quorum call be rescinded. Allen Conrad Gregg Destruction Facility and storage site, The PRESIDING OFFICER. Without Baucus Craig Hagel 22 violations have occurred since flight Bayh Crapo Hatch objection, it is so ordered. Bennett Daschle Hollings restrictions were implemented by the Mr. SESSIONS. Mr. President, I ask Bingaman Dayton Hutchinson Department of Defense. The latest was unanimous consent I be allowed to pro- Bond DeWine Hutchison just today when a Lear-type jet flew Boxer Dodd Inhofe ceed as in morning business. Breaux Domenici Inouye over the incineration facility at less The PRESIDING OFFICER. The Sen- Brownback Dorgan Johnson than 1000 feet. Another violation that ate is in morning business. Burns Durbin Kerry caused great concern was a night time The Senator from Alabama. Byrd Edwards Kohl over-flight which included 3 passes by Campbell Enzi Kyl f Cantwell Feingold Landrieu an unidentified aircraft. Carnahan Feinstein Leahy These incursions are serious matters. THE NOMINATION OF PRISCILLA Carper Fitzgerald Levin Current law provides for stiff penalties OWEN Cleland Frist Lieberman Clinton Graham Lincoln to be levied against those who violate Mr. SESSIONS. Mr. President, we Cochran Gramm Lott restricted air space. In the case of our had a very sad day today. The Senate