E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, THURSDAY, NOVEMBER 1, 2001 No. 149 House of Representatives SECURE TRANSPORTATION FOR But my main goal was to have the best very deeply in the idea of security. If AMERICA ACT OF 2001 security bill for our people. I believe we do not pass this bill today of mine The SPEAKER pro tempore (Mr. my bill does that. It is not perfect, but and the gentleman from Florida (Mr. THORNBERRY). Pursuant to House Reso- I can tell my colleagues the Senate bill MICA), we are doing a great disservice lution 274 and rule XVIII, the Chair de- is nowhere as near as my bill. to the American people, because they clares the House in the Committee of If my colleagues vote for the sub- will go to the airport and say, oh, my the Whole House on the State of the stitute, which some of my colleagues God, we are now safe because we have Union for the consideration of the bill, are planning on doing, they are not passed a bill, and in reality there is no H.R. 3150. going to have a conference. That has safety in the substitute. already been decided. It will be on the Mr. Chairman, it disturbs me how 1335 b President’s desk, and the American this thing got so far out of hand that IN THE COMMITTEE OF THE WHOLE people will be told by certain people we cannot solve the problem correctly. Accordingly, the House resolved that they will be secure in their air- We must go to conference. We can solve itself into the Committee of the Whole ports, but we will have the exact same it in conference where the problems are House on the State of the Union for the system that is in place right now, different, but if we do not go to con- consideration of the bill (H.R. 3150) to which has failed miserably. All of my ference, we have nothing and we have improve aviation security, and for colleagues know that. kidded the public. I am not about to, other purposes, with Mr. HASTINGS of This has become a political football, and I was accused today of not being a Washington in the chair. and I stayed out of that, because I want statesman because I said I probably The Clerk read the title of the bill. the best security for the people of will not review this issue again because The CHAIRMAN. Pursuant to the America. my colleagues have made the decision rule, the bill is considered as having I want to thank the gentleman from if I lose that they have a safe bill and been read the first time. Florida (Mr. MICA), who has done an the people of America are safe. I can Under the rule, the gentleman from outstanding job, and the staff has done tell my colleagues from the bottom of Alaska (Mr. YOUNG) and the gentleman a good job on this issue and, yes, the my heart, my colleagues know they are from Minnesota (Mr. OBERSTAR) each President of the United States. All he not, and I will not be a part of kidding will control 30 minutes. is asking us to do and what my bill the American public about how secure The Chair recognizes the gentleman does is give him some flexibility. My they will be if we adopt the substitute. from Alaska (Mr. YOUNG). bill does not federalize, it does not na- We have to accept the Young-Mica bill Mr. YOUNG of Alaska. Mr. Chair- tionalize, it is not a total requirement. for the best for the people of America. man, I yield myself such time as I may But it is a brand new era, a time where Mr. Chairman, I rise today in support of H.R. consume. we need good security. In all good con- 3150, the Secure Transportation for America (Mr. YOUNG of Alaska asked and was science, there is no way that a sub- Act of 2001. given permission to revise and extend stitute is going to be offered that I H.R. 3150 is the result of a great deal of his remarks.) could even vote for that legislation, be- hard work by our aviation subcommittee and Mr. YOUNG of Alaska. Mr. Chair- cause we are kidding the American its chairman, JOHN MICA. man, I have a long prepared statement public. which I will submit for the RECORD, but The Senate keeps referring to a 100 to I want to take this opportunity to express my I would ask my colleagues today to zero vote. I have had Senate Democrats appreciation for his efforts and the hard work think about this legislation very and Republicans come to me and say, of the aviation subcommittee on this issue. strongly. I have talked privately with my God, we have to go to conference. Chairman MICA and the members of the the gentleman from Minnesota (Mr. And I have had a few people say to me, aviation subcommittee held hearings and con- OBERSTAR) and the gentleman from Il- we will have to straighten this out ducted extensive research to find out which linois (Mr. LIPINSKI), and they say that later on. That is not good legislation. system of security would work best for our the bill that they are proposing does This is the House of the people, not the aviation transportation needs. not do the job. That tells me one thing: Senate. To have to accept a Senate bill The American people have every right to be the bill that they are promoting does to me is deplorable. It is beneath us. It concerned and worried about the inadequate not do the job, and this bill does. is the wrong thing to do. level of security provided at our airports. We worked very closely to get a bill I do not believe there is a fairer per- This bill will dramatically increase the level and came very nearly to having a bill. son in this Congress than myself work- of security and will dramatically change the Some people did not see it that way. ing with each individual. My heart is way the system has operated at our airports.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 9920 E:\CR\FM\K01NO7.090 pfrm01 PsN: H01PT2 H7632 CONGRESSIONAL RECORD — HOUSE November 1, 2001 Under the current system, the airlines hire The real issue is giving the President the (9) Undertake research to improve secu- the security screeners at the airports using low flexibility and the money to get the job done. rity. cost, low bid security companies. I also want to make it clear that this issue (10) Inspect, maintain, and test security The airlines in the past have worked to re- is not about whether screeners will be union- equipment. (11) Ensure that adequate security is pro- duce their costs by driving down the cost of ized. vided for the transportation of cargo, includ- airline security. Unfortunately, this has resulted They are unionized now and under my bill ing cargo as defined in section 40102(a)(12). in a low paid, poorly trained and poorly moti- can continue to be members of union and to (12) Oversee the security at airports and vated workforce. bargain collectively. However, they cannot go other transportation facilities. I want to make it abundantly clear. This bill on strike under my bill. (13) Perform background checks on screen- changes all of that. H.R. 3150, the Secure Transportation for ers and those who work at airports. Low paid, poorly trained and poorly moti- America Act, addresses all these security (14) Develop standards for the hiring and vated screeners in charge of our nation’s air issues to achieve a workable system that pro- firing of screeners. security is simply unacceptable. (15) Train and test screeners. vides for real security as quickly as possible. (16) Carry out other duties and powers au- Under our bill, H.R. 3150, the federal gov- I urge support of H.R. 3150, which is to thorized by law. ernment will take over the job of screening bring real security to the traveling public in as Subsection (f) gives the Under Secretary passengers and their baggage at our airports. short a period of time as possible. the same powers to acquire and maintain It will become a federal government respon- SECTION-BY-SECTION SUMMARY—SECURE property as the FAA. sibility. TRANSPORTATION FOR AMERICA ACT OF Subsection (g) allows the Under Secretary Where we differ with some of our col- 2001—H.R. 3150 to accept transfers of funds. leagues is how do we best achieve the goal Section 1 is the short title. Subsection (h) allows the Under Secretary, of a truly secure federally controlled aviation if the situation warrants, to issue a security SECTION 2—TRANSPORTATION SECURITY rule on an expedited basis without Secre- screening process. ADMINISTRATION We do it by insuring that it is the federal tarial or OMB review and without notice and Subsection (a) adds a new section 114 to comment as would otherwise be required by government that will set the compensation for Chapter 1 of title 49 of the U.S. Code creating the Administrative Procedure Act. Such a the screeners. the new Transportation Security Adminis- rule would be in effect for 30 days and would It is the federal government that mandates tration (TSA). remain in effect unless disapproved by the the level of competency and training for the Subsection (a) of this new section 114 Oversight Board established in section 13. screeners. states that the new TSA shall be an Admin- Subsection (i) gives the Under Secretary It is the government that runs the back- istration in the Department of Transpor- the same authority over personnel and serv- ground checks and works with other agencies tation (DOT). ices as the FAA. This includes the authority Subsection (b) creates the new position of to contract for services such as the screening to insure that these screeners have a clean Under Secretary to head this new Adminis- record. service. tration. Subsection (j) allows the new Transpor- And if the screeners don’t do their job and Paragraph (1) states that this Under Sec- tation Security Administration (TSA) to set perform well, under our bill they can be re- retary shall be appointed by the President up its own personnel system. moved, their certificates can be revoked, and with the advice and consent of the Senate. Subsection (k) allows the new TSA to set the entire company can be fired and fined for Paragraph (2) states that the Under Sec- up its own procurement system. any violations of the rules or regulations. retary must be a U.S. citizen and have had Subsection (l) makes clear that the DOT Our bill gives the President the tools he prior experience in transportation or secu- Inspector General can investigate the TSA in needs to insure the best possible security for rity. the same way that he can investigate other Paragraph (3) gives the Under Secretary a Administrations within DOT. our country. 5-year term. H.R. 3150 however, does more than just im- Subsection (c) establishes the compensa- Subsection (c) prohibits the Under Sec- tion for the Under Secretary. prove airport screening. retary from having an interest in a transpor- Subsection (d) allows other agencies to It establishes broad authority to deal with tation or a security company or a company provide personnel, such as sky marshals, to threats to all transportation modes, by setting that makes security equipment. the FAA and the TSA. up a new Transportation Security Administra- Subsection (d) describes the functions of Subsection (e) transfers responsibility for tion within the Department of Transportation. the Under Secretary. security research from the FAA to the TSA. The new administration will be headed by Paragraph (1) states that the Under Sec- Subsection (f) changes statutory references an undersecretary whose only job will be to retary will be responsible for security in all from the FAA and the Administrator to the modes of transportation. This involves the protect our transportation system from terror- TSA and the Under Secretary to reflect the assumption of the powers now exercised by transfer of functions. ists threats. the Associate FAA Administrator of Civil SECTION 3—SCREENING OF PASSENGERS AND H.R. 3150 requires the undersecretary of Aviation Security and the DOT Director of PROPERTY the Transportation Security Administration to Intelligence and Security as well as the secu- assume all responsibility for aviation security rity functions of other Administrations This section requires the Federal govern- within 3 months of final passage of the bill. within DOT. It does not involve the Coast ment to take over responsibility for the Under our bill the undersecretary could as- Guard. The bill does not explicitly assign the screening of passengers and property (both hazmat function leaving that up to DOT to checked and carry-on baggage) on passenger sume responsibility even earlier if the transi- aircraft in the United States. The Federal tion can be worked out with the airlines. decide whether to move that into the new Administration or keep it in FAA. government could do this either by hiring Unlike the Senate bill and the amendment Paragraph (2) requires a schedule to be de- Federal employees to do the screening or by to be offered, H.R. 3150 does not tie the veloped for the transfer of the security func- contracting with a security company to per- President’s hands by requiring that airport se- tions in consultation with the affected car- form this task with Federal oversight. All curity screeners be 100 percent federal em- riers. screening must be supervised by uniformed ployees. Paragraph (3), in the meantime, allows air- Federal employees of the TSA. A supervisor However, let me make it clear. lines to assign their contracts with private can order the dismissal of a screener who is Our bill federalizes the screening process. security companies to the Under Secretary. not performing adequately. Screeners are However, the issue is not federal versus Subsection (e) lists in more detail the du- prohibited from striking. non-federal employees conducting the screen- ties and powers of the Under Secretary. SECTION 4—SECURITY PROGRAMS ing of passengers and their bags. These duties and powers are— This section requires that there be a law (1) Receiving, assessing, and distributing enforcement or military presence at each The real issue is how to achieve the highest intelligence information to the appropriate level of security for the traveling public, par- screening checkpoint, not merely at each people in the transportation community. airport. The law enforcement presence could ticularly within the next few months while we (2) Assessing threats to transportation. be either Federal, State, or local officials. are at war against the terrorists who used our (3) Developing policies to deal with these SECTION 5—EMPLOYEMENT STANDARDS AND air transportation system to attack us. threats. TRAINING Locking in a system that prohibits the use of (4) Coordinating with other agencies. any private contract workers at all leaves the (5) Serve as the liaison with the intel- Strengthens the employment and training ligence community. standards for those who screen passengers air transportation system vulnerable to disrup- (6) Supervising airport security using Fed- and property. tion and reduced security. eral uniformed personnel. Subsection (a) requires that screeners be There is no guarantee that federal employ- (7) Manage the Federal security personnel U.S. citizens. It permits the Under Secretary ees will do a better job than private employ- in the field. to establish minimum pay levels. Veterans ees, but that is not the real issue. (8) Enforce security regulations. should be given preference in the hiring of

VerDate 13-OCT-2001 00:55 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.023 pfrm02 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7633 screeners. The veterans preference was a sug- should also include examination of other left to be determined at the discretion of the gestion of Congressman Duncan. agency databases to determine whether the Undersecretary. Subsection (b) requires the final rule of the individual may be a terrorist or a threat to SECTION 10—AUTHORIZATIONS OF certification of screening companies to be civil aviation. APPROPRIATIONS issued within 6 months of the date of enact- Subsection (b) prohibits the Under Sec- Subsection (a) authorizes appropriations to ment of this Act. retary from taking one of the actions listed operate the new TSA and to pay for any Subsection (c) establishes the training above if the FAA believes it might adversely screening costs not covered by the fee. standards for screeners and requires all affect the safety of the aircraft unless the Subsection (b) authorizes the Secretary to screeners to be in uniform. Secretary approves the action. Subsection (d) establishes the minimum Subsection (c) requires the Under Sec- utilize $500 million of the emergency supple- employment standards for screeners (which retary to consult with the NTSB on safety mental (Public Law 107–38) to make grants were taken largely from the FAA’s proposed issues. to U.S. airlines to help them strengthen rule at 65 FR 560, January 5, 2000). These Subsection (d) requires the Under Sec- their cockpit doors, install video monitors, shall remain in effect until the final rule for retary to do bag matching, screen 100% of or modify their aircraft transponders so that the certification of screening companies is checked bags, or take some other action to they cannot be turned off in flight. issued as required by subsection (b). minimize the risk of explosives in checked Subsection (c) authorizes $1.5 billion to luggage. Paragraph (2) requires the Under help airports defray the cost of new security SECTION 6—DEPLOYMENT OF FEDERAL AIR requirements imposed after September 11, MARSHALS Secretary to ensure that explosive detection equipment already at airports is fully uti- 2001. Requires the deployment, at no cost to the lized. SECTION 11—LIMITATION ON LIABILITY FOR ACTS government, of sky marshals on flights of Subseciton (e) requires the Secretary to TO THWART CRIMINAL VIOLENCE OR AIRCRAFT U.S. airlines. This section is based on H.R. permit pilots to carry guns in the cockpit if PIRACY 2906 introduced by Congressman Baker. the airline permits its pilots to carry guns Protects passengers and crew from liabil- SECTION 7—ENHANCED SECURITY MEASURES and the pilot has completed an appropriate ity for any injury they cause a person who Subsection (a) requires the Under Sec- training program. they, in good faith, believe is hijacking or retary to address the following issues: Subscetion (f) requires the Under Sec- about to hijack an aircraft. (1) Develop procedures (such as barrel roles retary to report 6 months after the date of SECTION 12—PASSENGER MANIFESTS or depressurizing the aircraft) and authorize enactment on the progress being made in im- equipment (such as lethal or non-lethal plementing the above items. A similar report Requires U.S. and foreign airlines to pro- weapons) to help the pilot defend the aircraft would have to be submitted each year there- vide information to the U.S. government against hijackers; after until all the items had either been im- about their passengers and crew on inter- (2) After consultation with the FAA, find plemented or rejected. An existing security national flights before they land in the U.S. ways to— report is repealed. SECTION 13—TRANSPORTATION SECURITY (A) limit access to the cockpit; SECTION 8—CRIMINAL HISTORY RECORD CHECK OVERSIGHT BOARD (B) strengthen cockpit doors; FOR SCREENERS AND OTHERS Creates the new Transportation Security (C) use video cameras to alert pilots to Authorizes airports to begin fingerprint Oversight Board. It will be composed of the problems in the passenger cabin without checks before the deadline now in the law. Secretaries of Transportation, Treasury, and having to open the cockpit door; Defense (or their designees), the Attorney (D) ensure that the aircraft transponder SECTION 9—PASSENGER AND BAGGAGE SCREENING FEE General (or his designee), and a person ap- cannot be turned off in flight. pointed by the President from either the Na- Requires the imposition of a security fee (3) Impose standards for the screening or tional Security Council or the new Office of on passengers to pay up to 100 percent of the inspection of vehicles and employees of air- Homeland Security. The DOT Secretary or cost of the screening passengers. These costs craft fuelers, caterers, cleaners, and others his designee will be the Chairman. The include the salaries and training costs of who have access to aircraft and secure areas Board’s duties include reviewing the Under screeners and the cost of the equipment they of airports; Secretary’s emergency regulations and other use. The fee could not be used to defray the (4) Require airlines to provide emergency actions of the TSA. This section also creates general operating costs of the Transpor- call capability from aircraft and trains (This an advisory council composed of industry tation Security Administration (TSA). The was suggested by Congressman Kirk); representatives to advise the Under Sec- per passenger fee must be based on the cost (5) Use various technologies, such as voice retary on transportation security issues. stress analysis, to prevent a dangerous per- of providing the screening service but could son from boarding a plane; not be more than $2.50 per passenger. The fee SECTION 14—AIRPORT IMPROVEMENT PROGRAM (6) Develop certification standards for indi- that is set would be based on the total costs Section 12 makes changes to the airport vidual screeners; of screening passengers and property, not on improvement program (AIP) and the pas- (7) Use Threat Image Projection (TIP) or the specific costs associated with each air- senger facility charge (PFC) related to secu- similar devices to test whether screeners are port, and therefore the fee would be the same rity. meeting those standards; for every passenger. The fee would be as- Subsection (a) excuses an airport from hav- (8) Develop ways for airlines to have access sessed on a one-way flight rather than on an ing to submit a competition plan in fiscal to law enforcement and immigration data enplanement as the one-way trip most close- year 2002 for AIP grants or PFC approvals bases to ensure that dangerous people do not ly related to the way screening services are that will be used to improve security. board their planes; provided to passengers. Full year revenue for Subsection (b) allows AIP or PFC money to (9) Use the profiling system known as fiscal year 2002 is estimated to amount to be used at small airports to pay the cost of CAPS to not only give special scrutiny to se- about $900 million for domestic departures law enforcement personnel required by sec- lected checked baggage but also to the pas- and about $100 million for international de- tion 4. It also allows AIP money to be used sengers who fit the profile and their carry-on partures. Future year revenue could be high- to pay for any expense in fiscal year 2002 at baggage; er when air travel reverts to the levels prior a general aviation airport that was effec- (10) Use technology to ensure that airport to September 11, 2001. Any additional money tively shut down as a result of the restric- and airline employees and law enforcement required to pay the costs of screening not tions on VFR flight in enhanced Class B air- officers are who they claim to be; covered by the passenger fee may be raised space. It also allows AIP and PFC money to (11) Install switches in the passenger cabin by a fee assessed directly on the airlines or be used for debt service in order to prevent so that flight attendants can discreetly no- could be appropriated under the authority the airport from defaulting on a bond. tify a pilot if there is a problem; provided by section 10(a). Passengers using Subsection (c) allows AIP money to be (12) Change the training of airline per- airports in Alaska where screening is not re- used for the costs described in subsection (b) sonnel in light of the change in the methods quired could be exempted from the fee. even if that cost was incurred before the and goals of hijackers as evidenced by the at- It is Congress’ intent that the Undersecre- grant was issued. tack of September 11th; tary be able to impose this fee as expedi- Subsection (d) waives the local share for (13) Provide for background checks for tiously as possible to begin to recover the the costs described in subsection (b). those seeking flying lessons on large aircraft costs of the functions assumed by the Fed- SECTION 15—TECHNICAL CORRECTION or flight simulators of such aircraft. eral government. To ensure that the Under- Subsection (a) changes the due date of a re- (14) Enter into agreements allowing secretary is able to begin collecting the fee port from February 1 of this year to Feb- trained law enforcement personnel of other within 60 days, the Undersecretary is ex- ruary 1 of next year. agencies to travel with guns in order to as- empted from section 9701 of title 31, United Subsection (b) makes a change in the war sist a sky marshal. (This was suggested by States Code, related to general requirements risk improvement program. Congressman Cooksey). related to fees and from section 553 of title 5, Subsection (c) corrects a misspelled word. (15) Perform more thorough background United States Code, related to rulemaking. checks of airport screeners, student pilots, The Undersecretary is authorized to publish SECTION 16—ALCOHOL AND CONTROLLED and others who have unescorted access to se- a notice in the Federal Register to set and SUBSTANCE TESTING cure areas of the airport. This should include impose the fee. The calculation of costs of Transfers responsibility for drug and alco- more than merely a fingerprint check. It the functions and the fees to be imposed is hol testing of security personnel from the

VerDate 13-OCT-2001 00:21 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.025 pfrm02 PsN: H01PT2 H7634 CONGRESSIONAL RECORD — HOUSE November 1, 2001 FAA to the new Transportation Security Ad- COMMITTEE ON SCIENCE, mittee on Public Works, the Aviation ministration. RAYBURN HOUSE OFFICE BUILDING, Security Act of 1990. We worked on a SECTION 17—CONFORMING AMENDMENTS TO Washington, DC, October 30, 2001. totally bipartisan basis with the House SUBTITLE VII Hon. DON YOUNG, and the Senate to write that legisla- This section makes technical changes. Chairman, Committee on Transportation and Infrastructure, House of Representatives, tion and subsequent amendments to it. Subsection (a) retains responsibility for We know that aviation security is a re- the Pilot Records Improvements Act in the Washington, DC. FAA. DEAR CHAIRMAN YOUNG: On October 17, volving issue that we have to contin- Subsection (b) moves certain civil penalty 2001, you introduced H.R. 3150, the ‘‘Secure ually revisit to update and strengthen. responsibilities to the new Administration. Transportation for America Act of 2001.’’ We were at the point of reaching a Subsection (c) and (d) make similar admin- Section 2(e)(9) of H.R. 3150 requires the newly good bipartisan agreement, but it kept istrative changes. created Under Secretary of Transportation getting sidetracked, let me just say it for Security to ‘‘identify and undertake re- SECTION 18—SAVINGS PROVISION bluntly, by the political leadership in search and development activities necessary This section ensures that there is a seam- to enhance transportation security.’’ Addi- the gentleman’s party. I just want to less transition of responsibilities from the tionally, secs. 2(f)(1)(D) authorizes the Under express my great appreciation for the FAA to the new Transportation Security Ad- Secretary ‘‘to acquire (by purchase, lease, good faith and the good effort and the ministration (TSA). condemnation, or otherwise) and to con- goodwill that was extended and the re- SECTION 19—BUDGET SUBMISSIONS struct, repair, operate, and maintain re- gret that we could not come to an Requires budget submissions to list the search and testing sites and facilities; and agreement. budget of the TSA separately. (E) in cooperation with the Administrator of But the Achilles heel of aviation se- SECTION 20—AIRCRAFT OPERATIONS IN the Federal Aviation Administration, to uti- curity is the screener checkpoint at ENHANCED CLASS B AIRSPACE lize the research and development facilities our airports, and the issue of whether of the Federal Aviation Administration lo- Lists the restrictions on general aviation this should be private or public, as this flights in Enhanced Class B airspace (the air- cated in Atlantic City, New Jersey.’’ These three provisions contain subject matter that chart shows, private security compa- space near major cities) unless a notice is nies have not provided good security. A published in the Federal Register explaining has traditionally fallen under the jurisdic- the rationale for those restrictions. tion of the Committee on Science pursuant man boards a plane with a pistol after to House Rule X(n)(3), which grants the Com- September 11. Airport security firm SECTION 21—WAIVERS FOR CERTAIN ISOLATED mittee on Science jurisdiction over ‘‘Civil lied. Hired felons, Argenbright fined COMMUNITIES aviation and research.’’ I ask for your assur- Subsection (a) allows the Under Secretary $1,550,000 last year. And their parent ance that the creation of the new Under Sec- corporation in Europe, which has been to grant waivers for certain essential flights retary position and that the duties and func- to communities in Alaska, Hawaii, and oth- tions of his position do not alter in any way held up as a paragon of good work in ers far from a big city. the traditional jurisdiction of the Science aviation security privatization, the Subsection (b) allows the Transportation Committee granted pursuant to House Rule Sunday Telegraph in England: Shock- Security Oversight Board to rescind these X(n)(3). ing lapses in security at British air- waivers. In deference to your desire to bring this ports. The London Times: Security Subsection (c) allows the Board to impose legislation before the House in an expedi- limitations on the waivers. failures put Heathrow at risk. The tious manner I will not exercise this Com- British Department of Transportation SECTION 22—ASSESSMENTS OF THREATS TO mittee’s right to consider H.R. 3150. Despite is investigating Securicor, the parent AIRPORTS waiving its consideration of H.R. 3150, the This section allows airports to rescind the Science Committee does not waive its juris- corporation for Argenbright, the pre- current restriction that prohibits cars from diction over H.R. 3150. Additionally, the mier domestic private security pro- parking within 300 feet of an airport ter- Science Committee expressly reserves its au- vider. minal if the airport and local law enforce- thority to seek conferees on any provisions That is not the way we want to do se- ment certify that there are safeguards in that are within its jurisdiction during any curity. We need to have the badge of place to sufficiently protect public safety. House-Senate conference that may be con- the Federal Government, persons vened on this or similar legislation which sworn to uphold the Constitution and COMMITTEE ON TRANSPORTATION falls within the Science Committee’s juris- the laws of the United States, trained AND INFRASTRUCTURE, diction. I ask for your commitment to sup- to the highest possible level of skill, Washington, DC, October 31, 2001. port any request by the Science Committee Hon. SHERWOOD L. BOEHLERT, for conferees on H.R. 3150 as well as any paid a decent level, put in a security Chairman, Committee on Science, similar or related legislation. force separate from the Federal Civil House of Representatives, Washington, DC. I request that you include this letter as Service, to give assurance to the Amer- DEAR CHAIRMAN BOEHLERT: Thank you for part of the RECORD during consideration of ican public that the bar on security has your letter of October 31, 2001, regarding H.R. the legislation on the House floor. Thank been raised. 3150, the ‘‘Secure Transportation for Amer- you for your consideration and attention re- Mr. Chairman, I reserve the balance ica Act of 2001’’ and for your willingness to garding these matters. of my time. waive consideration of provisions in the bill Sincerely, under your Committee’s jurisdiction. Re- SHERWOOD L. BOEHLERT, b 1545 garding provisions in the bill that are ref- Chairman. Mr. YOUNG of Alaska. Mr. Chair- erenced in your letter, the bill essentially Mr. Chairman, I reserve the balance man, I yield 3 minutes to the gen- ensures the orderly transfer of certain exist- of my time. tleman from Tennessee (Mr. DUNCAN). ing functions within the Department of Mr. OBERSTAR. Mr. Chairman, I Transportation and assures continuity of op- (Mr. DUNCAN asked and was given yield myself 3 minutes. permission to revise and extend his re- erations. However, I acknowledge the Mr. Chairman, I would like to express Science Committee’s jurisdiction under the marks.) House Rules over provisions that may affect my appreciation to the gentleman from Mr. DUNCAN. Mr. Chairman, I rise in ‘‘civil aviation research and development.’’ Alaska (Mr. YOUNG) and the gentleman strong support of this bill by the gen- I agree that your waiving consideration of from Florida (Mr. MICA), if I may have tleman from Alaska (Chairman relevant provisions of H.R. 3150 does not their attention, for the good faith ef- YOUNG), and I want to commend him waive the Science Committee’s jurisdiction forts that were made in our committee and the gentleman from Florida over those provisions. I also acknowledge to reach a truly bipartisan bill. The (Chairman MICA) for their work on this your right to seek conferees on any provi- gentleman spoke with some feeling in sions that are within the Science Commit- legislation. tee’s jurisdiction during any House-Senate the well just a moment ago, and I This bill, the Airport Security Fed- conference on H.R. 3150 or similar legisla- speak with no less feeling. As the eralization Act, will do more to en- tion, and would support your request for con- chairman knows and the chairman of hance and improve aviation security ferees on such provisions. the subcommittee knows and many of than any bill in the history of this Na- Your letter and this response will be in- the Members know, I served on the Pan tion. cluded in the record during floor consider- Am 103 Commission while I was chair We need to tell the American people ation of the bill. of the Subcommittee on Aviation. I the true situation as it stands today: Thank you for your cooperation in this matter. wrote with our good friend Mr. Ham- that is, it is safer to fly now than ever Sincerely, merschmidt, former ranking member before. This bill, the bill of the gen- DON YOUNG, of the Committee on Transportation tleman from Alaska (Chairman Chairman. and Infrastructure, then the Com- YOUNG), will make it even safer.

VerDate 13-OCT-2001 00:21 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.028 pfrm02 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7635 This bill provides the legal frame- I am especially pleased about a provision in public. That is why we must pass today work and funding for strengthening this bill relieving persons who assist in fighting a bill that the President will sign into cockpit doors; providing air marshals air piracy from any potential liability and also law tomorrow. on flights where they might be needed; a provision I requested to give preference in American aviation is a matter of na- cameras, so pilots can see what is hiring to retired military personnel. tional security. Public safety is threat- going on in the cabin; expanded back- I urge all my colleagues to support Chair- ened by an unprecedented war declared ground checks for all key personnel; man YOUNG’s outstanding aviation security bill. on the American people by Osama bin Mr. OBERSTAR. Mr. Chairman, I and most importantly, improve stand- Laden and his terrorist network. It is ards and training for airport screeners. yield 5 minutes to the gentleman from the Federal Government’s job to pro- I had the privilege, Mr. Chairman, of Illinois (Mr. LIPINSKI), ranking member tect our country during time of war. chairing the Subcommittee on Avia- of the Subcommittee on Aviation. Security at our Nation’s airports is no tion for the past 6 years, and remain Mr. LIPINSKI. Mr. Chairman, I longer a private sector matter; it is the active on the subcommittee today. thank the gentleman for yielding time last line of defense at our airports, and Three years ago, I suggested estab- to me. it is part of the front line of our na- lishing a school for screeners, but there Mr. Chairman, 6 weeks ago tomorrow tional defense. was almost no interest at the FAA in the House passed, with the speed of a this proposal. rocket-boosted jet engine, the Amer- Congress needs to treat this as a In 1996, and again last year in FAA ican aviation financial bailout bill, a question of national security, and put bills, we put in requirements for certi- bill I voted against because it did noth- in place an effective Federal law en- fying screeners and improving their ing for the laid-off aviation workers, forcement system. training and other security measures. and it did nothing to upgrade aviation Mr. YOUNG of Alaska. Mr. Chair- As of September 11, the FAA still had security. man, I yield 30 seconds to the gen- not completed the work required under I said at the time that we can give tleman from Michigan (Mr. SMITH). these bills. This is another reason why the airlines all the money they want we are so concerned about turning this and even more, but if we do not up- Mr. SMITH of Michigan. Mr. Chair- situation totally and completely over grade aviation security and show the man, I thank the gentleman for yield- to the Federal Government. American flying public that our skies ing time to me. We did expand the list of crimes are once again safe and secure, then Mr. Chairman, this is to clarify an which would disqualify people from the American aviation industry will aspect of the legislation. One idea to jobs as screeners. To be fair, no one continue to flounder and shrink, be- increase airplane safety would be to ever dreamed that anyone would be cause the American public will not go create separate entrances for pilots on mentally sick and warped and evil back to flying until they believe that aircraft and eliminate access between enough to use our commercial airliners American aviation is as secure as pos- the cabin and the cockpit. This would in kamikaze missions killing thou- sible. make it impossible to take over an air- sands. But now we know, and this bill In the past 6 weeks, we in the House craft from the cabin, reducing the risk is the best response we can give to the have done nothing to upgrade aviation of terrorism and the need for air mar- situation we find ourselves in. security. Unless we pass the bipartisan shals and other precautions. The most controversial part of this substitute and it goes directly to the legislation is whether to make the I would like to make sure there is President to be signed, and he will sign screeners Federal employees. I suggest nothing in this bill which prevents the it, as he has said on numerous occa- that the former chief of security for El FAA from studying this idea or airlines sions, we will pass H.R. 3150 and be Al, the Israeli airline, was quoted in pursuing this implementation, should forced to go to conference. yesterday’s Washington Times as say- it prove feasible and effective. The forces opposed to hiring fully- ing this would be a big mistake. trained, well-paid, federally-supervised Mr. YOUNG of Alaska. Mr. Chair- Unfortunately, we have a civil serv- man, will the gentleman yield? ice system that does almost nothing professional Federal screeners to pro- for good, dedicated employees, but it tect the American flying public will Mr. SMITH of Michigan. I yield to provides great and undeserved protec- delay the conference until long after the gentleman from Alaska. Thanksgiving, the Nation’s greatest tion for the worst employees. Everyone Mr. YOUNG of Alaska. Mr. Chair- flying weekend. knows it is almost impossible to fire a man, there are no provisions in this Mr. Chairman, this is what has hap- Federal civil servant and extremely bill that prevent the FAA from taking pened to American aviation since we hard even to transfer one. up the idea of separate entrances for passed the bailout bill but did not We need to increase the pay and pilots in airliners. That idea could be a strengthen security: There are more training of screeners. We need to have solution to some of our air security than 2,000 fewer domestic and inter- the best possible people in these posi- problems, and deserves serious consid- national flight departures each day tions. We can accomplish this much eration and study at the FAA. faster and continue to improve this than last year at the same time, a re- work force much easier by having duction of over 20 percent. At the same Mr. Chairman, I yield 1 minute to the strict Federal oversight and require- time, passenger emplanements are gentleman from Pennsylvania (Mr. ments, but leaving these employees in down 25 percent. SHUSTER), newly elected, and I hope he the much more efficient private sector. Since September 11 until now, sched- will be reelected. This is the European model. Sky- uled domestic flights have dropped by Mr. SHUSTER. Mr. Chairman, I jackings in Europe went way down in the following percentages at the fol- thank the gentleman for yielding time the 1990s after screeners were largely lowing airports: Newark, Reagan Na- to me. tional, Houston, down over 35 percent; privatized. Mr. Chairman, I rise today in support The Wall Street Journal reported Kennedy, down 34 percent; Seattle, of H.R. 3150. It is a superior piece of yesterday that 85 to 90 percent of the Boston, LaGuardia, Portland, San legislation. What we do is federalize screeners around the world are private Francisco, down over 25 percent. The the airport security system, which cre- employees. Most of these are at air- Nation’s top 31 airports are all down. ates strict standards, control, and en- ports formerly totally government run Since September 11, America West has forcement by the Federal Government, until they found out that the private dropped 12 percent of its scheduled and it is based on proven systems. free enterprise system works better. flights; Delta, 15 percent; Northwest, 15 Mr. Chairman, about three years ago, I was percent; United and American, 22 per- One thing I want to mention about the guest of the British Aviation Authority. cent; US Airways, 25 percent; Alaskan H.R. 3150 is it specifically helps small They wanted to show me their airports and Airlines, 26 percent; and Continental, and rural airports. First, it allows the their whole operation, but what they were 44 percent. AIP funds to be used to upgrade secu- most proud of was their security provided by Why? I believe because we have not rity, and waive rent for tenants, for a private workforce. Their airport security and passed an upgraded aviation security those small businesses to get through Israel’s are considered the best in the world. bill into law to protect the American this tough time.

VerDate 13-OCT-2001 00:21 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.093 pfrm02 PsN: H01PT2 H7636 CONGRESSIONAL RECORD — HOUSE November 1, 2001 Additionally, the substitute bill has Mr. TIAHRT. Mr. Chairman, we just Federal air marshals, cockpit security, a two-tiered security approach, and heard the gentleman from Iowa talk anti-hijack training for flight crew, H.R. 3150 does not have that. One of the about one phase of the bill that is flight school training background things it allows for is the 30-foot dis- being proposed today on the floor. That checks and funding. tance you must stay away the ter- is the passenger carry-on and baggage Mr. Chairman, I yield 2 minutes to minal, to have the safeguards put in screening, as Members can see on this the gentleman from Missouri (Mr. GEP- place sufficiently to protect the public. chart. He totally ignored the rest of HARDT), the distinguished minority The problems with the substitute are the chart because it is not in the leader. many. One of the things I want to point version that the Senate passed and (Mr. GEPHARDT asked and was out specifically are the $2.50 security that is being proposed here. given permission to revise and extend fee emplanement charge. This is en- They do have a study, and they ask his remarks.) tirely unfair to rural travelers, for it six different government agencies to Mr. GEPHARDT. Mr. Chairman, first doubles and sometimes triples their start to study all of the other stuff, I want to thank the gentleman from fees. like perimeter security, like bomb- Minnesota (Mr. OBERSTAR), the gen- Mr. OBERSTAR. Mr. Chairman, I am sniffing dogs, camera surveillance, the tleman from Iowa (Mr. GANSKE), the pleased to yield 2 minutes to the dis- employee screening. They are going to gentleman from Oregon (Mr. DEFAZIO), tinguished gentleman from Iowa (Mr. study that. But what we are going to and the gentleman from Illinois (Mr. GANSKE), who has played a courageous do is put it into action. LIPINSKI) and others on both sides of role in advocating this legislation. If Members want to ignore all the the aisle who have worked so hard to Mr. GANSKE. Mr. Chairman, let us rest of this airport security and just bring this bill to the floor and to do the get into the nitty-gritty of comparing focus on this one little phase right right thing for the American people. some of the aspects of these bills. down here, then I suggest Members Mr. Chairman, the horror of Sep- Mr. Chairman, I would make a strong support the Senate version. But we tember 11 is forever imprinted in all of argument that the Senate bill has cannot go to conference, we cannot fix our minds. Nineteen hijackers filled stronger provisions in terms of require- the problem. We just have an inad- with hatred breached airport security. ments for screeners than the Young equate bill that will not solve the prob- They carried box cutters and knives in bill. The Young bill requires that those lem. We will end up with, maybe 5 their bags. They forced themselves into screeners be citizens, just citizens, pe- years from now when the studies come four cockpits. They rammed these riod. That would mean that somebody back, the potential for doing the right planes into the heart of America. They could come here from a foreign coun- thing. attacked the greatest military, and try, marry somebody, and then be If Members vote for the Senate they attacked the greatest commercial qualified to be a screener. version, they are ignoring bomb-sniff- buildings in the history of the world; Our bill, the Senate bill, the bipar- ing dogs, they are ignoring terminal se- and they killed thousands of people in tisan bill, requires that one be a citizen curity, they are ignoring tarmac secu- the blink of an eye. for 5 years. That is a significant dif- rity, ignoring it. The system that allowed that to hap- ference. I think our bill, the Senate Why not do something to help the pen is still failing us today, 7 weeks bill, is better on that point. people in America know that they are after that happened. We hear stories We will hear some charges about how safe when they are traveling on air- about a man who just last week the Young bill has a stronger screening planes? Why not put into action these boarded a plane with a gun in his bag. provision for bag supervision. Let me items on airport security that are cov- Screeners failed to stop him. We hear read from the Senate bill. The Senate ered in this complete chart, instead of stories about people who stuff box cut- bill says: ‘‘The Attorney General, in just focusing on a very little narrow ters into seats and leave them in seats. consultation with the Secretary of part here in the corner? Screeners fail to stop them. We hear Transportation, shall provide for the That is why the gentleman from Iowa stories about people trying to bring screening of all passengers and prop- focused right down here on passenger pocketknives on planes and succeeding erty, including the United States mail, and baggage screening. We are going to still today because screeners fail to cargo, carry-on, and checked baggage, do something today. We have the op- stop them. Two weeks ago the Federal and other articles that will be carried portunity to do something for airport Aviation Administration gave 20 aboard the airplane in air transpor- aviation security that goes well beyond screeners in one airport a surprise test. tation.’’ what the Senate did in their version of Seven failed the test last week. Mr. Chairman, I do not know how 100 rushing through legislation, inad- This is police work. The companies percent can be improved on. When we equate legislation. Instead, we are that have been doing this have failed say ‘‘all’’ in legislative language, that going to do the right thing to make the American people. They must, and I is 100 percent. people safe when they travel. repeat, must be accountable for their Furthermore, we will hear from the So I urge my colleagues to not vote failure. It is time for them to be ac- proponents of the Young amendment for the Ganske bill, the Democrat countable. It is time for them to be re- that our bill, the bipartisan Senate version, the Senate-passed version. In- placed. bill, could take longer to implement. stead, do the right thing for airport se- The Young bill perpetuates the sta- The only way the Young bill can be im- curity, for aviation security, for air- tus quo. The Oberstar-Ganske bill cre- plemented quicker than our bill is if port travel, and vote for the Young ates a better improved security sys- they simply hire all of the screeners bill. Vote for the Secure Transpor- tem. We must put security in the hands that are already currently employed by tation for America Act. It is the right of the law enforcement officers. The those three foreign corporations. thing to do. American people, the brave, decent, For goodness sakes, we have heard wonderful people of this country de- from the Inspector General, we have b 1600 serve law enforcement in the airports. seen in newspaper reports, we have ANNOUNCEMENT BY THE CHAIRMAN Federal law enforcement patrols the seen million dollar fines. We see, as The CHAIRMAN. The Chair will re- shores of the United States. They was demonstrated over here, reports mind Members that in their remarks guard our borders. They track terror- that this is not just in the United they should not characterize the ac- ists down. They are standing right now States, but these three foreign corpora- tions of the other body. outside this Chamber protecting us and tions are not getting the job done over- Mr. OBERSTAR. Mr. Chairman, I ap- the people in this building. They pro- seas, either. preciate the Chair’s admonition. tect the symbol of democracy. Mr. YOUNG of Alaska. Mr. Chair- Mr. Chairman, I yield myself 15 sec- I ask all of you, do you want to con- man, I yield 2 minutes to the gen- onds. tract out the Capitol Police? Do you tleman from Kansas (Mr. TIAHRT). In the interest of accuracy, the bill want to contract out the U.S. Marines? (Mr. TIAHRT asked and was given that we advocate here provides for Do you want to contract out the FBI permission to revise and extend his re- screening of passengers and baggage, and the Customs Service? I do not marks.) checked baggage, perimeter security, think so. If it is good enough for us, it

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.095 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7637 is good enough for the American peo- helped her was the sense that she, in Mr. OBERSTAR. Mr. Chairman, I am ple. And today is the day to take that the end, was not alone. very pleased to yield 2 minutes to the stand. This is a great country. We have gentleman from Minnesota (Mr. We have a bill that passed the Senate great people, and we have to act in RAMSTAD), my very distinguished col- 100 to nothing. Every Senator, Repub- their name tonight. We have to do league. lican and Democrat, voted for that bill; what is right for them. Forget politics, Mr. RAMSTAD. Mr. Chairman, I and we can pass that bill tonight. We forget the lobbyists, forget contracts thank the gentleman from Minnesota can put it on the President’s desk later and simply stand tonight in a bipar- (Mr. OBERSTAR) for yielding the time. tonight. It can be the law of the United tisan way to do what is right for the Aviation security should be a law en- States of America by tomorrow morn- American people. This is a great coun- forcement function, not a lowest-bid ing. We do not have to have a con- try. Let us make it safer than it has function. That is the bottom line. ference on whether tubas should be ever been. Let us pass the bipartisan When we cut to the chase, that is real- considered carry-on luggage. That is in Senate bill. Let us make it the law of ly what this debate is all about. Bag- the manager’s amendment. We do not this great country tonight. gage and passenger screening is a mat- have to start worrying about whether Mr. YOUNG of Alaska. Mr. Chair- ter of national security, and national to end the liability on the companies man, I yield myself such time as I may security should not be left to the low- that failed us. We do not have to worry consume. est bidder. about whether the airline executives If I thought the gentleman’s words How much more evidence than Sep- can have increases in their compensa- were true in the sense that that would tember 11 do we need that this critical tion. happen, I would probably support the police work should be done by a highly We can start buying machines tomor- substitute. In the bottom of my heart, trained Federal airport security force? row to check every bag, to start rein- I do not believe that will happen. We Mr. Chairman, since September 11 I forcing the cockpit doors, putting more will be back here and our people will have talked with countless Min- marshals on the airplanes. We can in- not be safe. That is not the correct neapolis-St. Paul airport police, North- crease the competence of our X-ray thing to do to the American people. west Airlines pilots, flight attendants, scanners. This is a night to act in the Let us not kid the American people. machinists, baggage handlers, gate people’s interest. This is not a time for Mr. Chairman, I yield 2 minutes to agents, as well as many other constitu- politics as usual. It is a time to do the gentleman from Louisiana (Mr. ents who are frequent flyers; and to a what is simply, obviously right for the VITTER). person they have all told me that bag- American people. Mr. VITTER. Mr. Chairman, I stand gage and passenger screeners should be A lot of people have said to me, what in strong support of the Young-Mica law enforcement agents, not private se- is going on? Why can you not get the bill, and it is for a very simple reason, curity guards. They want screening bill done? Well, I think yesterday’s because I get on an airplane twice a done by law enforcement agents, not Wall Street Journal tells us what is week and my wife and my kids fly and private security guards. happening. The companies that have friends and loved ones and family fly Mr. Chairman, the people I represent the contracts, the lowest bidders do all the time; and in my judgment, want us to move quickly to protect air not want to give up the contracts. So which is the best judgment I have to passengers and restore a sense of con- they have hired Washington lobbyists determine my vote, I think this bill is fidence. If we pass the Oberstar-Ganske to come and lobby the administration the strongest security measure avail- bill, we could have it on the President’s and lobby the Congress to try to hold able. So I just want to make that clear desk tonight and make flying safer to- on to their contracts. I do not mind to all of the Members, including the morrow. The Oberstar-Ganske bill will them wanting to hold on to their con- minority leader. It is not because I had ensure the safety of air travel with tracts. But in the name of God, it is some meeting with a lobbyist. It is be- armed sky marshals, secure cockpits, time to end those contracts and to do cause I want to protect my family, my and screening of all baggage and pas- what is right to make people safe. friends, my loved ones, and my coun- sengers by highly trained, professional, Finally, I urge Members to consider try. law enforcement agents. Nothing less the people who are on the frontlines. I Let me give my colleagues one spe- than law enforcement professionals have here a note, every time I have get cific example which I think is a crucial will provide the long-term security of on an airplane now I get a note from security question that has not been fo- our aviation system that the American the pilots. This is the note I got 2 cused on enough in this debate and people want and deserve. weeks ago. And the pilots said, Why that is checked baggage. I was, quite Mr. Chairman, I do not want the safe- can you not get something done to in- frankly, shocked to learn that the ty of the people of Minnesota put out crease our security? Why can you not FAA, even after September 11, does not for bids. We should not compromise the get these simple, obvious provisions demand that baggage of a passenger safety of any of our citizens. Let us do done so that flight attendants and pas- who does not show up at his gate and the right thing. Let us pass the sub- sengers and pilots are not responsible board his airplane is removed before stitute without further delay. for security? the plane takes off. That is the rule for Mr. YOUNG of Alaska. Mr. Chair- This is the time to act in a totally bi- international flights. It is not the man- man, I yield myself such time as I may partisan way. datory rule for domestic flights, and I consume. I have been inspired by the American find that inexcusable after September I wish the gentleman would stay for people in this crisis. I read a story the 11. a moment to understand one thing. He other night in the New York Times, Under the Democratic bill, it would is talking about yesterday, not today. the city of Middletown, New Jersey, still not be the rule. It would not hap- Our bill changes all those things, and where 250 or 300 people had been lost in pen. It would never have to happen in by the way, the International Brother- September 11, in the World Trade Cen- every instance at all. That is simply hood of Police Officers supports my ter. inexcusable. bill. The best law force group in the They quoted a woman who had lost Under the Young-Mica bill and under country, they support my bill. her husband. She had three little kids the manager’s amendment, that provi- Mr. Chairman, I yield 2 minutes to and she said, before this happened I did sion would go into effect the day after the gentleman from Ohio (Mr. TRAFI- not even know my neighbors’ names; the bill was signed into law, and every CANT). and she said in the last days, neighbors checked bag of a passenger who did not Mr. TRAFICANT. Mr. Chairman, we from all over this region who I had board his flight would be pulled before have today, as we speak, more govern- never met and never knew came and the plane took off, and that could only ment workers than factory workers in brought flowers and brought food and change after a 100 percent screening America. The House is referred to as brought notes of sympathy and came policy of the luggage was actually im- the microwave, quick and impulsive; and hugged her and held her so she plemented; and by the way, that is an the other body, crock pot, slow, delib- could get through the horror of what absolutely crucial issue that we must erative and wise. Quite frankly, I think she was facing. She said what most address forcefully. it is really reversed here.

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.132 pfrm01 PsN: H01PT2 H7638 CONGRESSIONAL RECORD — HOUSE November 1, 2001 I did not support the bill in its origi- and have failed us for 30 years, will est of protecting safety and providing nal form because of foreign ownership still be running airport security. security at airports across this coun- of these screening companies. I want to Securicor in the United States is under try. thank the leadership for including the indictment, criminal indictment, for Now, Mr. Chairman, I represent a Traficant language that requires Amer- the second time in a year for hiring State that under the Democrat sub- ican ownership of these companies. and maintaining known felons on staff stitute would be considered a second class State, because six out of the b 1615 and lying to the Federal regulators. They are going to have Federal regu- seven airports in South Dakota would And there will have to be developed lators. What is a better Federal regu- have different levels of safety and secu- companies that will bid for those serv- lator than parole? These people vio- rity applied than would the 142 largest ices. lated their parole. Do my colleagues airports in this country. We do not But, my colleagues, the Marines in think the FAA bureaucrats can do bet- think in South Dakota that we are sec- Beirut had no civilian security. Terror- ond class citizens. We think we should ists are not easy to stop, and we are ter? I do not think so. Their parent company is failing in have the same level of safety and secu- beating up on every screening party in Britain. In fact, one of the employees rity that is applied to people boarding the country. Quite frankly, a free en- of that company, senior employee, said planes in Chicago, Boston, Philadel- terprise system cannot survive with he would not let his family get on an phia, New York, and L.A. more and more employees. We right And, secondly, we do not think we now have 50,000 American troops in airplane out of Heathrow Airport be- cause he was so worried about their ought to be charged more for it. The Germany, and our borders are wide Democrat substitute charges people open. Is not the Border Patrol Federal lapse in security. So we have a choice here. We can who originate in smaller airports a employees? Do we not have 300,000 ille- higher fee because they connect. gal immigrants in this country a year? dress up and make us feel better to have private security firms instead of So, Mr. Chairman, I would simply say Cannot a guerilla force of terrorists that we need a system in place, and come through here with a nuclear de- armed Federal law enforcement agents providing the security of the traveling this legislation prescribes a system vice? which puts safeguards in place, not just I support the Young-Mica bill. More public needs, or we can have armed Federal law enforcement agents pro- baggage screeners but every aspect of and more government? Bigger and big- airport and airline security and ad- ger government? That is not the an- viding for the security of the traveling public needs. I think the choice is dresses it in a way that treats every- swer. The Young-Mica bill federalizes body equally. We want to make sure clear. standards and supervision. And, by that people who get on planes in places God, those companies that bid should This system has failed for 30 years, and passing this bill is going to make like Pierre, South Dakota, have the be owned by American citizens, and same safety and security and the same this requires it. Right now there are it no better. There is only one option and one option that can go into effect fares as those who board planes in not enough companies that do this. other parts of this country. tomorrow, and that is to pass the Sen- Under this bill, it will encourage the Mr. Chairman, this legislation moves ate version of the bill, which passed the American companies to do the screen- us in the direction of safety and it puts ing. Senate 100 to 0, and give the American a system in place across this country My colleagues, we cannot micro- traveling public the peace of mind and that will keep people safe and secure manage all of it. And when our borders the security they deserve. when they fly. Let us adopt it. are wide open, what do we expect? By Mr. YOUNG of Alaska. Mr. Chair- Mr. OBERSTAR. Mr. Chairman, I 1 God, bigger government is not the an- man, I yield 2 ⁄2 minutes to the gen- yield myself 10 seconds to make it very swer, and the microwave is on the tleman from South Dakota (Mr. clear that there is a single standard of other side of the Capitol. THUNE). safety in the Senate bill that the gen- Mr. THUNE. Mr. Chairman, I thank Mr. OBERSTAR. Mr. Chairman, I tleman from Iowa (Mr. GANSKE) and I yield myself 20 seconds to point out to the distinguished chairman for yield- offer in which the Secretary has au- the gentleman from Ohio, who is leav- ing me this time and thank him and thority to apply one standard to the ing the floor, that the manager’s Chairman MICA, Members on both whole country but to contract out as amendment does not require. It says a sides, for their hard work in bringing appropriate. preference for hiring former employees. this legislation to the floor. Mr. Chairman, I yield 15 seconds to A requirement it be owned and con- Mr. Chairman, this debate really is the gentleman from Illinois (Mr. LIPIN- trolled. It says to the extent that the about public safety. That is after all SKI). President determines that there are why we are here, is to make sure we Mr. LIPINSKI. Mr. Chairman, I firms owned and controlled by such are doing everything we can to make thank the gentleman from Minnesota citizens. They are all now owned, the sure that the traveling public in this (Mr. OBERSTAR) for yielding me this major ones, by a foreign company. country, those people who board air- time. I just wanted to state, since it Mr. Chairman, I yield 2 minutes to planes, are safe and secure. was mentioned earlier that a police the gentleman from Oregon (Mr. Now, what is happening here on the union supports the Young-Mica bill, DEFAZIO). floor is they are talking a lot about the that the American Federation of State, Mr. DEFAZIO. Mr. Chairman, there is means. We are talking about the end. County and Municipal Employees, one point of agreement, and that is The bottom line is public safety. The AFL–CIO, is a strong supporter of the that the existing privatized airport se- President of the United States has bipartisan substitute, and this union curity system is failing the American asked for the authority to decide would wind up losing employees if our traveling public. whether or not at various airports that substitute is passed. Now, we have a choice. We can over- end, public safety, is better achieved by Mr. OBERSTAR. Mr. Chairman, I haul that system or we can continue the use of Federal employees or by the yield 2 minutes to the gentlewoman the status quo. Unfortunately, the Re- use of private contractors. from California (Ms. MILLENDER- publican leadership has chosen to re- There is nothing in this legislation MCDONALD). name and dress up the existing failing that excludes Federal employees from Ms. MILLENDER-MCDONALD. Mr. system. They call it the Airport Secu- being used to accomplish the objective Chairman, today we will finally ad- rity Federalization Act. They are going of safety. All we are simply saying is dress aviation security, given 7 weeks to require the private security firms to that the President of the United States after the tragic events of September 11. dress up their employees in Federal- and his Secretary, Mr. Mineta, who was Today, public safety is threatened by looking uniforms with Federal-looking the chairman of the Committee on an unprecedented event. War has been badges. They even say that they will be Transportation and Infrastructure declared on the American people. deputized, but given no law enforce- when he represented his State here in Therefore, it is the Federal Govern- ment powers. the Congress, have asked for the discre- ment’s job to protect our country dur- Now, how is that a change? The same tion to make that decision based upon ing times of war and from threats to companies that are failing us today, what they view to be in the best inter- our national security.

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.098 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7639 Security at the Nation’s airports cumstances, are not Federal employ- which screeners are paid near-min- should no longer be a private sector ees. imum wage resulting in an average em- matter. Security must be a part of the The best system, based on history ployee turnover rate of more than 120 front line of our national security. and present conditions, is a partnership percent nationally and more than 400 Therefore, to pass H.R. 3150 gives using the authority, the experience, percent at some airports. Americans the same old status quo and and the law enforcement ability of the Mr. Chairman, we would never con- in no way provides the aviation secu- Federal Government to set standards, sider contracting out the duties of the rity necessary to reassure the traveling ensure accountability, and then follow U.S. Customs Service, Border Patrol, public that it is safe to use our avia- up and enforce those standards. or the Capitol Police; and it makes no tion system. The end result is the safest possible sense to do so with airport screeners. Simply put, the private contractors condition for the flying public because These screeners serve as America’s who currently have the responsibility of the training and the enforcement for first line of defense in aviation secu- for screening passengers and baggage the pilots, the mechanics, and the law rity. If federalized, screeners should be failed on September 11 and, for that enforcement officials. That is the issue paid salaries commensurate with the matter, for the past 3 decades. The bill here. law enforcement responsibilities of that we have before us, 3150, does noth- As we look at it, we all agree federal- screening, which involves not only the ing but ensure the same old status quo. izing the standards is absolutely the ability to read X-rays, but the ability The private contractors that we en- correct thing to do. The system that to interrogate individuals and conduct trust through H.R. 3150 will make the we have now is not sufficient. It is bro- more thorough inspections in many dif- aviation system the same, with the ken, and we are going to fix it. The ferent circumstances. Only through a same companies, who pay very low sal- best way to fix it is with the Young- uniform national system with profes- aries, have turnover rates of over 400 Mica and the President’s position. sional Federal screeners can U.S. trav- percent, and have failed to detect dan- If we want to look a little further, elers be secure and be sure that they gerous objects recently planted by the the folks who did these horrible, un- are being protected. GAO and the Department of Transpor- imaginably horrible acts came through Mr. Chairman, there is a great deal tation. a system that was controlled by Fed- at stake today in this legislation. This I say to my colleagues that Congress eral employees. Having everyone on legislation is important to each and owes a duty to the American public to the Federal payroll does not give us every one of us that gets on an aircraft ensure the strongest level of security the insurance or assurance that we once or twice a week. Every week as I possible at our Nation’s airports. Let need. go back to my district, people are ask- us listen to the American people. Let Looking even a little bit further, ing why is it taking so long for the us listen to the mayors across this under the bill of the gentleman from House to pass a bill that gives us con- country. Let us listen to the port au- Minnesota (Mr. OBERSTAR), a good fidence to get back on planes flying thorities. Let us listen to the American friend, and he has worked very hard across this country. I urge my col- people. Pass this Oberstar-Ganske sub- and listened very carefully as well, leagues to support this legislation. It is stitute bill. there is a division of authority under important. It is imperative. It is the Mr. YOUNG of Alaska. Mr. Chair- that bill. Enforcement goes under DOT right thing to do. man, I yield 3 minutes to the gen- and screening goes under DOJ. Ac- Mr. YOUNG of Alaska. Mr. Chair- tleman from North Carolina (Mr. countability comes from a firm, clear man, I yield 9 minutes to the gen- HAYES), who is a pilot, by the way, and head. The supervision that we need, the tleman from Florida (Mr. MICA). flies here and yonder. standards that are required and the en- Mr. MICA. Mr. Chairman, I came Mr. HAYES. Mr. Chairman, I thank forcement that comes from that gives over to this side of the aisle to respond the gentleman for yielding me this us the safety and the security for the to the last speaker’s comments of why time. American public. this bill has taken so long. I will tell An awful lot of work, a lot of time, a Mr. OBERSTAR. Mr. Chairman, I Members why: because I served in the lot of hearings, a lot of studies have would like to inquire of the Chair the minority, and some people when I was gone into this very crucial and impor- time remaining on each side. in the minority on the majority side tant issue, and the first and last point The CHAIRMAN. The gentleman treated me fairly, like the gentleman in this debate is the security, the safe- from Minnesota (Mr. OBERSTAR) has 11– from New York (Mr. TOWNS), who I still ty of the American flying public. I am 3/4 minutes remaining and the gen- respect to this day. Others treated me a pilot. I have been to every hearing. I tleman from Alaska (Mr. YOUNG) has 10 unfairly and never let me be heard. I have listened to every hour of testi- minutes remaining. made a determination if I ever had any mony. The Young-Mica bill, the Presi- Mr. OBERSTAR. Mr. Chairman, I am position of authority in this House, I dent’s position, provides the best secu- pleased to yield 2 minutes to the gen- would treat everybody in a bipartisan, rity, the best safety for the American tleman from Texas (Mr. REYES). fair manner and hear all of the individ- public as they fly. Mr. REYES. Mr. Chairman, I thank uals, regardless of when they came to Think with me for a moment. The the gentleman for yielding me this Congress or what their stand was; and gentleman or the gentlewoman in the time. I rise today in strong support of I did that. left seat in the front of that airliner the Democratic substitute, the Ober- Mr. Chairman, we held extensive has a piece of paper called a license. star-Ganske bill. It deals with airport hearings day after day, week after That license certifies that they have security at a time when this Nation is week; and we stayed there and heard met the recent competency require- looking to restore its confidence. from every expert throughout the ments, they have met very stringent Requiring airport screeners to be country so we could develop the very physical standards, they have gone Federal employees is needed in order to best bipartisan bill possible; and we through testing, and they are com- establish an effective, uniform system came within one word of doing that, petent to perform the job that is re- of screening across the Nation. and I acted in a bipartisan fashion. I quired of them. That pilot does not thank the gentleman from Minnesota b 1630 work for the Federal Government. (Mr. OBERSTAR) and the gentleman The mechanic, the man or the woman This is essential to restoring the fly- from Illinois (Mr. LIPINSKI) for working who is at the maintenance facility, ing public’s confidence in the safety of with me. That is why the bill took so who keeps these aircraft maintained our air transportation system. The long. We did make every effort, and we and flying safely, has a license. They aviation security proposals of the gen- tried to be fair and open and develop are supervised by the Federal Govern- tleman from Alaska (Mr. YOUNG) and the best security measure for the ment, but they are not a Federal em- the gentleman from Florida (Mr. MICA) House of Representatives. ployee. are commendable, but they do not go Mr. Chairman, I return to this side of The men and women who guard Fed- far enough. Allowing the continued pri- the aisle, and not returning to a par- eral courthouses, who do an excellent vate contracting of screening services tisan side, I want to return to the fac- job under extremely trying cir- perpetuates the current system under tual side. First we heard the minority

VerDate 13-OCT-2001 00:21 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.101 pfrm02 PsN: H01PT2 H7640 CONGRESSIONAL RECORD — HOUSE November 1, 2001 leader give an eloquent speech, and I and we delineate them with a clear line Mr. LIPINSKI. Mr. Chairman, I want have the greatest respect for the gen- of authority. This bifurcates it. The to go on record as saying that the gen- tleman from Missouri; but he said the Department of Justice says they can- tleman from Florida (Mr. MICA) has people failed, the screeners failed, and not handle it. In fact, they issued a let- done an outstanding job trying to bring he talked about pocketknives. ter and said it will interfere with their everybody into this process. He put a Mr. Chairman, FAA set the stand- main responsibility right now, which is tremendous amount of time into it. I ards. Up to 4-inch pocketknives were to deal with terrorism. This is their certainly appreciate that, and I know allowed. The screeners who were in letter. This is what they said. The bill everybody on this side appreciates it place, in fact, were dealing with laws from the Senate side will actually very much. which had been passed by Federal em- deter their efforts to deal with ter- We do not know where the 31,000 fig- ployees by the FAA. Box cutters, there rorism. ure comes from. I know that it comes were no FAA restrictions on box cut- Mr. Chairman, I defy anyone in the from the Congressional Budget Office, ters on September 11. We heard the mi- House to take this bill and diagram but it is really up to the President to nority speaker say we can get about this bill as to how it will work. We determine how many there will be. buying machines. Let me show one of tried to do this. It is not only bifur- Members have to remember that we do the flaws. Read the bill. I beg Members cated with different levels of responsi- enplane over 600 million passengers in to read the bill. This bill on page 23, bility between different agencies and this country every year. line 7, leaves the technology with the different levels between big airports Mr. OBERSTAR. Mr. Chairman, I approval of the administrator of FAA. and small airports, it would create a yield 2 minutes to the gentleman from Part of the problem we had on Sep- maze. Illinois (Mr. COSTELLO). tember 11 is we could not get the best The argument that we do not use pri- Mr. COSTELLO. Mr. Chairman, I rise technology possible in place. In fact, vate contractors, this is a list of 20- today in opposition to the bill and in this language prohibits this type of some agencies, including Department strong support of the bipartisan sub- technology because it says nonintru- of Defense, all of our nuclear facilities stitute. I support the substitute offered sive. This is the kind of technology and on and on, we use contract security today as it has already passed the that is available. We have 1970s and personnel with high standards and high United States Senate and will be sent 1980s X-ray equipment. That is what we qualifications, as we propose in our directly to the President if passed by will have tomorrow if we pass the sub- bill. this body today. stitute that is proposed. This equip- When Members go back, I want them The substitute contains many of the ment can detect plastics, and we know to tell their constituents what they did provisions that I and other Democrats plastic knives were something smug- if Members pass the Senate bill. It is on the Subcommittee on Aviation in- gled on board. This bill on the Senate no longer 28,000; it is 31,000 according to troduced on September 14: more sky side gives us a worse position than we Congressional Budget Office, who has marshals, limiting carry-on luggage, were in on September 10, and it leaves looked at the bill from the other side. putting the Federal Government in technology in a terrible position. Other protective services, Federal charge of security at our Nation’s air- We have heard if it is good enough for protective services, 442 employees. ports, and having professional, career Congress, it should be good enough for What failed was not the baggage law enforcement officials in charge of the American people. I tell Members screeners which we can all pick on be- baggage screening and security in gen- the ads that are being put on television cause they are lowly paid now, and our eral. by various groups are unfair. What we bill changes that system. We have Fed- It is the last point that some Mem- are proposing, every Member of Con- eral oversight of the entire program. bers of this body cannot accept, despite gress, their families, my children, my We have Federal management and Fed- the overwhelming approval of the wife, will all be required to go through eral supervision and Federal testing American people in passing the United the same type of security. Read the bill and Federal background checks. And States Senate by 100 to zero. Currently, on the other side. It creates a two-tier most importantly, we have Federal privately contracted baggage screeners system. Look at page 17 and look at oversight of the whole program. earn about $6 an hour, and receive lit- who is responsible. A two-tier system. If we want to put Federal employees tle to no training. At Lambert Inter- Look at page 22. There are 141 levels someplace, there are only 4,087 United national Airport in St. Louis, the turn- of security at some airports and law States marshals. I called the visa sec- over rate has been as high as 400 per- enforcement, and 319 small airports are tion and asked how many people are cent. Many of these screeners are not relegated to possible Barney Fife-type there issuing visas. Mr. Atta got a visa U.S. citizens, which contributes to lan- enforcement. What is ironic about from a Federal employee. We can put guage barriers; and it makes it difficult their bill, and read the bill, I am not people with Ph.D.s, and Mr. Atta, if he for us to perform background checks kidding. It leaves law enforcement in was given a visa and passport approval on them. It simply makes sense to the Department of Transportation, just to come into the United States, would make sure these positions are filled the opposite of what the other side in- get in under the Senate measure. with career law enforcement profes- tended to do. Border patrol, we only have 323 bor- sionals. Technology remains with FAA, read der patrol people in Canada. This is How can we expect the FBI, CIA, and the bill; law enforcement remains with where we should be putting our Federal other career law enforcement profes- the Department of Transportation. We employees and resources. I chaired the sionals to share sensitive information can hire Ph.D.s to do screening. They Subcommittee on Civil Service and about potential terrorists with non- are only as good as the equipment. Agency Organization for 4 years. I tried career contract employees who will They are only as good as the rules put to get performance standards for Fed- only be on the job a few weeks? The in place. I defy anyone, come up here eral employees. We passed it in the substitute bill makes the Federal Gov- and show me one place where there is House, and it failed in the Senate. If we ernment responsible for hiring, train- the ability to pass a rule that needs to want high standards, it is impossible to ing, and ensuring that we have a func- be passed. do it in the Congress; but it is possible tional, properly trained workforce. The problem with airline security is to have the best possible people with a Federal law enforcement profes- that we cannot get a rule in place. We private-public partnership with high sionals, career professionals at the Se- cannot get a rule to buy the latest standards, high qualifications and put cret Service protect the President, the technology. There is no provision in those provisions in place. The choice is Vice President, the White House. Fed- the Senate bill, so Members are worse clear, my colleagues; and I hope Mem- eral law enforcement career profes- off than they were on September 10 be- bers put politics aside and put security sionals protect Members of Congress cause there is no ability to get the best for all traveling Americans in the fore- and the U.S. Capitol. Federal law en- technology in place. front. forcement career professionals protect Look at the provisions for the Under Mr. OBERSTAR. Mr. Chairman, I the Supreme Court Justices and the Secretary of Security and Transpor- yield 30 seconds to the gentleman from Supreme Court, and Federal law en- tation. We deal with all of these things, Illinois (Mr. LIPINSKI). forcement career professionals should

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.104 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7641 be responsible for security at our Na- happened to us? We must know some- not seen a perfect bill, but this bill the tion’s airports and protecting the fly- thing they do not know. Where are we Senate passed is a perfect start. It is a ing public and the American people. I on this issue, anyway? Let us take a perfect start and we have much more urge passage of the substitute. look at the RECORD. work to do. Mr. OBERSTAR. Mr. Chairman, I Airport fast food restaurants are pay- As we speak today, there are schools yield 2 minutes to the gentleman from ing higher than those folks that have that are training people from terrorist New York (Mr. NADLER). been hired to screen. What are we countries, paying them $25,000 in cash, (Mr. NADLER asked and was given going to get? We are going to get what and we have not done anything about permission to revise and extend his re- we pay for. It is no wonder that the that. The Bible says to whom much is marks.) number of people that are turning over given, much is expected. The people of this country are expecting much from b 1645 in every airport is astronomical. In At- lanta, the airport in Atlanta, Georgia, the people of this House. Let us pass Mr. NADLER. Mr. Chairman, in the 2 over 400 percent turnover in a 2-year the Senate bill. months since September 11, we have period of time. You get what you pay Mr. OBERSTAR. Mr. Chairman, may not passed an aviation security bill be- for. I inquire of the time remaining in gen- cause of one issue: Should Congress sit You are simply painting an old sys- eral debate? back and allow private security compa- tem to make it look differently. You The CHAIRMAN. The gentleman 1 nies to continue to provide the so- are camouflaging it and you are put- from Minnesota (Mr. OBERSTAR) has 2 ⁄4 called security at our airports? Or ting my family at risk and I do not like minutes remaining and the gentleman should we mandate that security be it. Americans do not like it. They have from Alaska (Mr. YOUNG) has 1 minute handled by professional Federal law en- made it very, very clear. This is a na- remaining. forcement personnel? These private se- tional security issue. We better stand PARLIAMENTARY INQUIRY curity companies, despite what people up for our own families. Mr. OBERSTAR. I would like to pro- say about Federal supervision, would Mr. OBERSTAR. Mr. Chairman, I pound a parliamentary inquiry, Mr. not work. They have committed thou- yield 1 minute to the gentlewoman Chairman. The CHAIRMAN. The gentleman will sands of screening violations. They from California (Ms. PELOSI). have been charged millions of dollars Ms. PELOSI. Mr. Chairman, I thank state it. Mr. OBERSTAR. Mr. Chairman, is it in fines by the supervisors, and yet the distinguished gentleman for yield- correct that under the rule, the man- they are even now failing to conduct ing time and for his leadership on this ager’s amendment is not subject to proper background checks, hiring con- issue. victed felons and lying about it. Mr. Chairman, 7 weeks ago, terrorists change except for unanimous consent? The CHAIRMAN. Under the rule, the The Democratic substitute will make used our own commercial airliners as amendment cannot be amended. How- our airports secure by entrusting secu- deadly weapons against us. For years rity to professional law enforcement ever, the offerer of the amendment by transportation experts have blown the unanimous consent could modify the officials. It is not an unreasonable re- whistle on airline security and today quest. The Senate voted for it 100-to- amendment while it is pending. we have an opportunity, indeed a re- Mr. OBERSTAR. I raise the issue be- nothing. Unfortunately, the House Re- sponsibility, to make the change nec- cause there are questions moving on publican leadership is putting the lives essary to make America’s skies safe for the floor from Members that promises of millions of Americans at risk by op- Thanksgiving. have been made regarding the man- posing Federal airport security on the Mr. Chairman, for too long the air- ager’s amendment, and as the Chair ideological grounds that we should not line industries and their private just indicated, the manager’s amend- increase the number of Federal em- screeners have not only neglected pub- ment is not subject to change unless ployees. I do not recall anyone object- lic safety, they have made a decision unanimous consent is asked and ob- ing in 1942 to plans to hire 10 million against it. Today, we should not sup- tained. new government employees in order to port the dangerous status quo. Instead, Mr. Chairman, I yield 1 minute to the enlarge the Army and the Navy to cre- we should vote a public indictment distinguished gentleman from Oregon ate additional divisions and air wings against a system which has failed to (Mr. BLUMENAUER). to fight World War II. The argument is train screeners, which has failed to in- Mr. BLUMENAUER. Mr. Chairman, just that absurd. vest in human resources and has failed yesterday may have been Halloween, All security functions are, and should the American people. but we are scaring the American public be, handled by the Federal Govern- That is why 100 percent of the United today. They know that we have a failed ment, the FBI, the CIA, the Coast States Senate voted for a proposal that system of privatization. They know Guard, the Border Patrol, the INS, the the gentleman from Minnesota (Mr. that hundreds of airports across the Armed Forces, all except our airport OBERSTAR) and the gentleman from country deserve a unified system. They security. Nobody advocates hiring mer- Iowa (Mr. GANSKE) are presenting to us know that the FAA has powers that it cenary soldiers or sailors or private po- today. I urge my colleagues to support has failed to put into effect. They know lice to replace the FBI. The results of that amendment. Ensuring our per- that time after time, private contrac- making an exception for airline secu- sonal security is a bedrock responsi- tors have missed the mark. Putting rity are now all too evident. bility of government. Support the costumes on private rent-a-cops, call- The American people demand airline Oberstar-Ganske substitute. ing them Federal officials, naming the safety. The American people demand a Mr. OBERSTAR. Mr. Chairman, I bill federalization does not give the Federal enforcement force. And they yield 1 minute to the distinguished level of confidence the public wants. It will not stand for petty political con- gentlewoman from Florida (Ms. may be a treat for the private contrac- siderations blocking proper law en- BROWN). tors but it is a sad trick on the public. forcement and proper safety to protect Ms. BROWN of Florida. Mr. Chair- Mr. OBERSTAR. Mr. Chairman, I our lives when we fly. man, it is incredible to me that 7 weeks yield 1 minute to the distinguished I urge my colleagues to vote for law have passed since September 11 and gentlewoman from Florida (Mrs. and order. I urge my colleagues to vote this is the first security bill that we MEEK). for airline safety. I urge my colleagues have brought to the floor, although we Mrs. MEEK of Florida. Mr. Chair- to vote for the Democratic substitute. immediately brought up the $15 billion man, the well-known definition of in- Mr. OBERSTAR. Mr. Chairman, I bailout for the airline industry as they sanity holds that when we repeatedly yield 1 minute to the distinguished were laying off 100,000 workers and not do the same things that we have done gentleman from New Jersey (Mr. one dime for the workers. before without any meaningful change PASCRELL). On October 11, the Senate passed a but somehow expect the result to be Mr. PASCRELL. Mr. Chairman, the bipartisan aviation safety bill 100–0. I different this time, that is insanity. passengers want it overwhelmingly, keep hearing over and over again from Our experience tells us when we do the pilots want it unanimously, the my colleagues that this is not a perfect only that which we have done before, Senate wants it unanimously. What bill. I have been here 9 years and I have we can expect the same outcome, the

VerDate 13-OCT-2001 00:21 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.105 pfrm02 PsN: H01PT2 H7642 CONGRESSIONAL RECORD — HOUSE November 1, 2001 same result. We cannot allow these speak of the Senate bill. I will continue Some security measures, such as the failures to continue. We must support to speak of the Senate bill. It is the screening of baggage and a law enforcement the Oberstar-Ganske substitute bill. It Senate bill. presence at checkpoints, must be applied uni- makes sense. It is not insanity. The Now you can answer my parliamen- formly to all airports in order to fulfill America’s rest of the verbiage I have heard today tary inquiry if you would like to. The larger mission of securing our National Air- is insanity. parliamentary inquiry is why could I space System; however, state and local offi- Mr. OBERSTAR. Mr. Chairman, I not? cials can better assess the threat to the ter- yield myself the balance of my time. The CHAIRMAN. The Chair would re- minal itself based on the unique characteris- The CHAIRMAN. The gentleman mind Members that they are free to tics of each airport. For instance, terrorists from Minnesota is recognized for 30 discuss the contents of a pending bill thrive on maximizing carnage and destruction seconds. that comes out of the Senate. However, with the few resources in their possession. Mr. OBERSTAR. Mr. Chairman, I the Chair would just remind Members Though the horrible crimes perpetrated on just want to point out that there were to try not to characterize Senators. September 11th can easily be painted as irra- references made earlier in debate to Mr. OBERSTAR. Parliamentary in- tional, terrorists tend to be very rationale in the complex way in which security quiry, Mr. Chairman. their target selection. Using this analysis, would be organized under the bipar- The CHAIRMAN. The gentleman small, rural airport terminals are less attractive tisan bill. In fact, it is not complex at from Minnesota will state it. targets because of the limited number of peo- all. The bill provides very clear lines of Mr. OBERSTAR. The measure pend- ple using them and their geographical distance responsibility. The bipartisan sub- ing is the substitute that I have offered away from major populations. stitute outlines who is responsible for in my name and on behalf of the gen- I am pleased the FAA has come to realize what. The Justice Department is re- tleman from Iowa (Mr. GANSKE). Is that that the financial hardship incurred by smaller sponsible for four aviation security not correct? airports is largely disproportionate to their level The CHAIRMAN. The measure pend- areas: Passenger and baggage screen- by rescinding the ban on parking last week at ing is H.R. 3150. Class IV airports. However, slightly larger Cat- ing, including training of personnel; Mr. OBERSTAR. Yes. But the sub- egory III airports continue to face these hard- guidelines for Federal air marshals; stitute, which has been referred to, ships. Without flexibility in certain areas, the background checks of aliens; and noti- that is provided for in the rule, which economic burdens placed on small airports fying critical persons about who may I will offer for myself and for the gen- pose a risk to aviation security. and regional airlines to cover these enhance- tleman from Iowa (Mr. GANSKE), is the ments will result in a severe contraction of our Mr. YOUNG of Alaska. Mr. Chair- measure, it is the substitute, is a man, I yield myself the balance of my air transportation system. House provision, is a House measure. Is I am pleased that Section 22 of this bill rec- time. that not right? The bipartisan bill was very close, up ognizes the need for flexibility in this area by The CHAIRMAN. What it would be is allowing local airport operators, in consultation to one word, and I got derailed. The bill an amendment to be offered by the gen- that is being suggested as a substitute with appropriate state and local law enforce- tleman from Minnesota. ment authorities, to conduct a threat assess- is a bipartisan bill in only some peo- Mr. OBERSTAR. So the Chair’s ad- ment of the airport facility to determine the ne- ple’s minds and it does not give us the monition about reference to measures cessity of the 300-foot parking restriction at all security, as I have mentioned before. from the other body is appropriate. airports. I have the utmost confidence in local We do change the system. I have heard The CHAIRMAN. The Chair was ad- officials to decide how best to mitigate the people say it is the same old system. dressing references to the Senate bill. We do federalize. We do supervise. And Mr. OBERSTAR. I thank the Chair threat to smaller, low-risk airport terminals. I strongly urge my colleagues to pass H.R. we do, in fact, nationalize in some for the clarification. 3150. This bill is flexible and will enhance the cases. We give the latitude to the Mr. NETHERCUTT. Mr. Chairman, I rise to security of our transportation infrastructure President, do what is best for the best speak today in favor of H.R. 3150 and its pro- while limiting the financial mandates on vulner- security for our flying passengers. That visions relating to assistance for small airports. able airports like those in my district. is what my bill does. Though disagreements remain how to perma- The Senate bill does nothing. I will Mr. KIND. Mr. Chairman, aviation security is nently improve security screening at all air- a matter of national security. In the wake of not be part of that which kids the pub- ports, it is heartening to see a bipartisan effort lic. I want to go to conference. I have the September 11th attacks, when the terror- to solve the current problems with airline secu- ists were able to take weapons on board four committed, the President has com- rity. I am encouraged by the bill’s content in all mitted to going to conference. We will separate flights with ease, it is vital that the areas and hope this important piece of legisla- Congress act now to pass comprehensive leg- write a bill with the help of the gen- tion is passed. islation to prevent future assaults. We must tleman from Minnesota (Mr. OBERSTAR) Mr. Chairman, two small commercial air- take this opportunity to make our nation’s very similar to what our bill is, which ports in my district, Pullman-Moscow Regional skies safe for all Americans. he agreed to, and he knows that. Airport and the Walla Walla Regional Airport, Mr. Chairman, we must act now to plug the I am certainly chagrined at the fact have been severely affected by the enhanced holes in our aviation security network. We that we are letting the Senate, and security directives and the regulations im- need to invest in technologies that can screen since when has the Senate become the posed on parking and ‘‘loop roads’’ instituted all luggage that is checked onto a plane, and gurus of transportation, I ask the gen- after the tragic events of September 11th. The not settle for the low percent that is x-rayed tleman from Minnesota? They are not. restrictions placed on passenger vehicle ac- now. We must pay and train our passenger I believe we are. cess to the terminal and parking were prudent screeners more so that they will have the tools I am going to suggest that we vote in the immediate aftermath of the attacks, but they need to perform their jobs effectively. We for the Young-Mica bill, make it the their prolonged presence has resulted in the must also invest in security measures at air- right bill, go to conference and do the closure of many small businesses across the ports to ensure that the people who work in job correctly. country. Two small businesses located in the and around grounded planes are authorized to ANNOUNCEMENT BY THE CHAIRMAN Walla Walla Regional Airport either directly, or do so. And finally, we must invest in tech- The CHAIRMAN. The Chair would indirectly, were forced to close due to these nologies that will make our planes safer, in- ask Members of the House one more restrictions. I know many of my colleagues cluding stronger cockpit doors and other secu- time, not to characterize Members of have small airports and aviation-related busi- rity measures so passengers and crew are the other body. nesses in their districts facing similar hard- protected during flight. PARLIAMENTARY INQUIRIES ships. Mr. Chairman, experts agree that our cur- Mr. YOUNG of Alaska. Mr. Chair- Many airports in rural areas act as a vital rent airline security system is broken. We man, I have a parliamentary inquiry. link between the economies of small commu- need to invest in technology and people to The CHAIRMAN. The gentleman will nities and large cities. I commend the Chair- make sure that both our airplanes and airports state it. man’s foresight to preserve the viability of are symbols of safety and freedom, not outlets Mr. YOUNG of Alaska. Mr. Chair- these airports by allowing Airport Improvement for attacks on America. For this reason I sup- man, we are discussing the Senate bill, Program funds to be used to hire, train, com- port the bipartisan Ganske/Oberstar substitute. it has been brought up numerous pensate or reimburse law enforcement per- Mr. GILMAN. Mr. Chairman, I rise in support times, and I think we have a right to sonnel. of H.R. 3150, the secure transportation for

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 9920 E:\CR\FM\K01NO7.111 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7643 America act of 2001 which addresses a vari- is unclear how quickly a federal workforce It caps plaintiffs’ attorneys fees, making it ety of important security issues within our na- could be assembled, possibly putting security even harder for victims to pursue meritorious tion’s air transportation system. Airline security improvements on hold, thereby inadvertently claims in court. And it stacks the deck still fur- is arguably the most pressing national security increasing the vulnerability of air travelers and ther by placing no comparable limit on the matter facing our nation today and it is high cargo. amounts that corporate defendants can pay time for Congress to move forward on this The bill before us today replaces the current their lawyers. issue. In contrast to the competing legislation failed system. It requires the federal govern- These measures come barely a week after on this issue, H.R. 3150 will allow our nation’s ment to take over responsibility for the screen- the House voted for a so-called ‘‘economic federal authorities to make quick and effective ing of passengers and property on passenger stimulus’’ package that gives away billions of changes to the inadequate airport security aircraft. The federal government can do this dollars in tax rebates to U.S. corporations system currently in place. Within three months by contracting with a security company to per- free-and-clear. Including $1.4 billion to IBM of implementation, this bill will establish the form this task with rigorous Congressional and $833 million to General Motors. All-in-all, transportation security administration (TSA), oversight. This is the necessary tool to ensure $3.3 billion to seven blue-chip corporations, an independent agency in the Department of both a safe and secure aviation system. none of whom—none of whom—suffered spe- Transportation that will be responsible for There is an old saying that the most perma- cific harm as a result of the terrorist attacks. overseeing our nation’s airline security. This nent thing in Washington is a temporary fed- At least that giveaway did not reward new agency will move quickly to place uni- eral program. Our friends on the other side of wrongdoers at the expense of their victims. formed federal law enforcement officers at the aisle want you to believe that a federal The giveaways in this bill do. passenger and baggage check-in points to su- aviation security force will be the answer to I urge support for the bipartisan substitute pervise the screening process. It further man- our problem of airline security simply because and defeat of the amendment. dates that the Federal Government will con- the Senate passed the same version 100–0. I Mrs. MINK of Hawaii. Mr. Chairman, Amer- duct background checks on passenger and would respectfully submit that just because the ica’s confidence has been severely weakened baggage screening personnel who will also be Senate unanimously supports their plan does by the tragic events of September 11, 2001. subject to much stricter employment require- not mean that this House will serve as a rub- People will not fly until they feel safe! Hawaii’s ments. Moreover, H.R. 3150 not only author- ber stamp for bad legislation. hotels and beaches are empty while people The American people deserve to feel safe izes $500 million for cockpit reinforcements wait for Congress to assure us that it is safe when they fly. They also deserve and demand but it also dramatically expands the Federal to fly. We gave the airline industry their money an accountable federal government. I believe Air Marshall Program. Mr. Speaker this is a ten days after the terrorist attacks but our Re- strongly in the free enterprise system and I balance and pragmatic approach to reforming publican leadership has delayed for two weeks further believe that the least economical and after the Senate passed its version by a vote and enhancing our Nation’s airline security least efficient way that you can do anything is system. I join President Bush, Governor of 100 to zero. to give the federal government more power. I believe airport screeners should be federal Pataki, Mayor Giuliani, and the Fraternal Lastly, I want to touch on the issue of arm- Order of Police in supporting this measure and employees. 80 percent of the American public ing flight crews. Many of our civilian pilots supports federalizing airport baggage screen- I urge my colleagues to vote ‘‘yes’’ on the served in the armed forces as soldiers and air- measure. ers. The Association of Flight Attendants and men and thus have extensive previous experi- the Air Line Pilots Association, our front line Mr. JONES of North Carolina. Mr. Chair- ence with firearms. I believe this proposal has employees, support federalizing the screeners. man. In the days and weeks since September merit. As long as the program is voluntary and The current system does not work. The work- 11 it has become evident that the United not compulsory and the cockpit crew has the ers are poorly paid and poorly trained, with a States has a long way to go in order to im- necessary training in firearms, I believe it is turnover rate of more than 120 percent nation- prove aviation security. There is a critical need more than appropriate for firearms to be ally and more than 400 percent at some air- to develop a security system that far sur- present in the cockpits on commercial flights. passes anything that exists in Europe or Israel The cockpit must be defended and every ports. Safety of our airplanes requires upgrad- as well as rigorous Federal oversight of secu- man and woman on the flight crew has a role ing these important employees who are our rity measures that strike a balance to ensure in that defense. In fact, according to a recent first line of defense. that civil liberties are not endangered while public opinion poll conducted by the Winston Airport Screening personnel should have the protecting the safety of passengers and crew. Group, 77 percent of Americans who favor same benefits of federal law enforcement offi- HR 3150, the Secure Transportation for gun control also favor arming flight crews. cials. These workers must be able to work America Act of 2001, overhauls the antiquated We have the critical task before us to pass with sophisticated machinery, be adequately security systems that failed the American pub- an aviation safety bill that will reassure the trained, and will be responsible for ensuring lic. It requires the Administration to adopt tight travelling public that it is again safe to fly. nothing hazardous gets on our airplanes. standards for screening passengers and bag- From bolstering airport security to authorizing These extremely important workers deserve to gage and makes all screening processes, Federal Air Marshals to reinforcing cockpit have pay and benefits commensurate with background checks and testing subject to doors, HR 3150 is the first step in ensuring other federal law enforcement officers. strict federal oversight. HR 3150 also expe- secure commercial aviation. Opponents contend that the hiring of federal dites the deployment of more Federal Air Mar- Mr. DELAHUNT. Mr. Chairman, I will ad- employees will create a bureaucracy that will shals and directs the Federal Aviation Admin- dress separately the deficiencies of this bill in not allow the government to fire employees for istration to take steps to strengthen cockpit regard to airline security. But there are parts poor performance. This is simply not true. doors. of the manager’s amendment that have noth- There are specific provisions that allow the There has been a great deal of talk about ing whatsoever to do with airline security. government to fire workers who do not per- federalizing almost 30,000 security screeners In September, we passed legislation that form. at our nation’s airports. In the wake of Sep- limited the liability of air carriers to the victims Despite the intense media attention on air- tember 11 that sounds on the surface to be of the September 11 attacks. This amendment ports and airport screeners, we continue to positive, but Mr. Speaker, it is not the long- would expand that limitation to other parties have serious breaches in security. A man car- term solution the American people need be- yet unnamed and unknown, who face potential ried a loaded gun onto an airplane, one-third cause it will not automatically improve secu- liability. of airport screeners at Dulles airport failed a rity. Some of the parties covered by this sweep- ‘‘pop quiz’’ on their fundamental duties, and Previous experiences with various federal ing provision may well be entitled to relief. But undercover agents have continued to slip workforces, in particular the Immigration and the language would limit liability, grant immu- through security checkpoints with knives and Naturalization Service, is an example of a fed- nity from punitive damages and waive prejudg- box-cutters. If these private companies cannot eral workforce that faces difficulties performing ment interest even for private airport security adequately secure our airplanes when the at acceptable levels of accountability. Time contractors who wantonly, recklessly or mali- pressure is on them to shape-up, how can we and again taxpayer dollars are spent to fund ciously hired convicted felons or failed to trust them in the future when the publicity agencies that talk a good game while training check for weapons. fades? through a difficult learning curve and providing Nobody is seeking to hold responsible those The Democratic substitute is not a perfect very little in the way of actual services. who bear no blame for what occurred. But this bill but it is a more effective bill than the un- Another problem with federalization of air- amendment lets companies off the hook even derlying bill. It will reinforce the cockpit door port security would be how to best transition if they knowingly engaged in conduct that put and make it impenetrable to intruders. It will from private screeners to federal screeners. It Americans at risk on that fateful day. expand the air marshal program to hire, train,

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\A01NO7.033 pfrm01 PsN: H01PT2 H7644 CONGRESSIONAL RECORD — HOUSE November 1, 2001 and deploy more air marshals and require air- military, the FBI, the CIA or for that matter, the airline industry, it provided for a two track lines to seat them. It will require flight crews Capitol Police, Federal workers guard our bor- liability system. The first track creates a to be better trained in hijack prevention and ders through INS and Customs. We should victim compensation fund, which provides victims of the September 11, 2001 terrorist- require the Department of Justice to conduct a not expect less for those protecting the safety related aircraft crashes at the World Trade study on giving flight attendants non-lethal of our skies. Center, the Pentagon, or site of the aircraft weapons to protect themselves. But, perhaps most importantly, I believe that crash in Shanksville, Pennsylvania, with The substitute also leaves open the possi- federal screeners at the large airports and compensation. Specifically, the legislation bility for the implementation of various tech- local law enforcement at smaller airports is the authorizes a Special Master, appointed by nologies to deter terrorist attacks, both on the best way to address the need for greater se- the Attorney General, to review claims, airplane and in the airports. I am hopeful it will curity right now. By passing this substitute, we within 120 days, submitted by claimants. include cameras that look into the cabin so the can quickly present a bill to the President for Negligence is not required to be established pilots can see what is happening and in addi- to obtain compensation under this track. the signature which he has pledged. I recog- Funds for this victim compensation fund are tion provide radios that let flight attendants nize the need to build a bipartisan solution to taken derived from authorized funds from communicate with the pilots. I am also hopeful this pressing problem and that is what this the federal government. that devices that allow pilots to land the plane substitute offers. It addresses the main issues The second track is available to persons safely in the event of smoke in the cockpit be- that both sides agree must be changed and who elect not to pursue the victim com- come standard equipment on all commercial takes a measured approach to the federaliza- pensation fund. These individuals can pursue planes. tion of the screener workforce. I believe that a more traditional tort claim based on neg- The bottom line is people will not fly until ligence. But if the claim is against American this is the kind of common ground we must or United Airlines, it must be brought in the they feel safe. They will not feel safe until the build in order to make the improvements to District Court of the Southern District of federal government regains their confidence aviation security that the American public de- New York, where all the cases are to be con- by giving our passengers the best security mands. solidated. In these cases, liability is limited possible; a professional, federal screening se- This bipartisan substitute is the best choice to the amount of available insurance. curity workforce. The Republican bill continues for the nation. We must act now to secure our The Manager’s amendment does not dis- the status quo; using low-bid private contrac- aviation system and get people traveling once turb the Victim’s Compensation Fund. How- ever, it does amend the second track to ex- tors that will continue to suppress salaries and again. I urge my colleagues to vote for the benefits and leave the workers wanting to pand the number of companies eligible to measure before us. benefit from the liability limitations avail- leave their jobs for higher paying jobs in the Mr. CONYERS. Mr. Chairman, I rise in able described above and to add new limita- airport, such as the coffee-shop. strong opposition to the Manager’s amend- tions, namely eliminating punitive damages, I am disappointed that this bill allows guns ment and in support of the Democratic sub- eliminating prejudgment interest, man- in the cockpit. If we are going to seal off the stitute. dating collateral source and capping victims cockpit and not allow anyone in or out, what Airport security is a legitimate federal re- attorneys fees. The following is a more de- is the point of having a gun in the cockpit. I sponsibility. Just as we protect our borders, tailed summary of the Section 201 of the Manager’s Amendment. would favor having a gun in the cockpit to be guard against smuggling, and protect against used only if someone gains access to the illegal drugs, we must also protect our citizens Limiting liability for unnamed and unknowable parties (section 408 (a)) cockpit, but not to allow a pilot to ever leave against terrorists who board our planes and The amendment would expand current law the cockpit to confront anyone. The pilots only travel our skies with guns, knives, and bombs. job should be to fly the plane. They should from limiting the liability of air carriers to However, the Manager’s amendment does limiting the liability of ‘‘any person’’ liable never leave the cockpit, risk losing control of not accomplish this. Instead, this amendment for any damages arising out of the Sep- the plane, and hazard all the lives of the pas- expands the provision that we already passed, tember 11, 2001 hijacking and crashes. Under sengers. limiting liability for airlines that were used by this new provision, the Federal government I am also disappointed that this bill still does terrorists on September 11, 2001 and applies is asked to go far beyond the two named de- not include provisions that provide much need- that provision to ‘‘any person liable for any fendants that it currently protects in the Air ed assistance for the hundreds of thousands damages arising out of the hijacking.’’ This System Stabilization Act (United Airlines and American Airlines). In fact, this provi- of laid-off workers. I remain hopeful that after would limit the liability of everyone, including we have established a federal screening work- sion requires the government to assume li- an airport security company that allowed ter- ability for ‘‘unnamed parties’’ including pos- force, the House will immediately move to give rorists to get on a plane with box cutters. sible bad actors. Although this new amend- workers relief by extending unemployment Even worse, the liability provisions go far ment would provide coverage for those who compensation for 26 additional weeks, raising beyond the protections included in the airline have asked for and may well warrant relief the unemployment benefits, and paying for a bailout bill we passed in September. This is (such as the owner of the World Trade Center full 72 weeks of COBRA or Medicaid health in- because the amendment totally bans punitive and the Boeing Corporation), it would also surance. damages, eliminates prejudgment interest, limit the liability of the screening compa- Mr. CLEMENT. Mr. Chairman, all of us nies whose negligence may have allowed the mandates collateral source, and limits victims’ hijackers to enter the aircrafts with weap- gathered today know that aviation security attorneys’ fees. All of this was done without must be radically improved. The current sys- ons. This expansion of the legislation would the benefit of a single hearing or any consider- allow hundreds of unknown parties to have tem is clearly broken. And fixing it is of dire ation by the Judiciary Committee. And all of protection against liability whether the pro- importance to the American traveler, and to this harms the victims. tection is warranted or not. At a minimum, the nation at large. For we are a country built Members should know that these provisions those eligible for limited liability should be on travel. The freedom of mobility is not a are far more extreme that the liability relief re- identified, their insurance coverage convenience for Americans, but a way of life. quested by the supposed beneficiaries of the ascertained, and the need for this protection substantiated. As a result, this bill shifts un- That is why I support the bill that our col- provisions—the owners of the World Trade leagues in the Senate passed 100–0, as I told amounts of liability to the federal gov- Center and the airplane manufacturers. This ernment with no substantiation. have supported other plans that address the amendment is too broad, benefits the wrong- need for drastic improvements in aviation se- LIMITS ON DAMAGES (SECTION 4088 (B)(4)) doers, and would have a number of harmful The amendment would impose a new limi- curity. The Senate unanimously adopted this and unintended consequences for victims of plan because it knows that federal screeners tation on damages injured victims can re- terrorism. Please vote no on the manager’s cover by stating that a party of the action is at our nation’s biggest airports will restore amendment and support the Democratic Sub- not liable beyond the amount of its insur- public confidence, and pubic confidence will stitute. Passing this manager’s amendment ance. The bill also specifically provides that restore ailing airlines and our desire to travel. constitutes special interest legislating at its any responsible defendant shall not be held With a recent Washington Post poll showing worst. It is wrong and I urge the Members to responsible for (1) punitive damages or (2) in- terest prior to the judgment. It also limits that 82% of all passengers support federal reject it. screeners, our path is clear. All we need to do the amount of recovery an injured plaintiff Attached is a section-by-section description can receive by subtracting from the award now is follow it. of the liability limitation provision in Managers The bipartisan substitute before us recog- any amounts the plaintiff may have received amendment: from other wrongdoers (collateral source). nizes that airport security is the first line of de- On September 22, 2001, the ‘‘Air Transpor- (1) Punitive damages are monetary dam- fense against terrorism. And, that national se- tation Safety and System Stabilization Act’’ ages awarded to plaintiffs in civil actions curity is the foremost responsibility of the fed- was signed into law by the President. In ad- when a defendant’s conduct has been found eral government. We don’t contract out the dition to providing federal assistance to the to flagrantly violate a plaintiff’s rights. The

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.036 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7645 standard for awarding punitive damages is the same legal issues, are severely limited in threatened by an unprecedented war declared set at the state level, but is generally al- how much they can spend. on the American people by Osama bin Laden lowed only in cases of wanton, willful, reck- One way disclaimer (section 408(d)) and his terrorist network. It is the federal gov- less or malicious conduct. These damages This amendment provides a disclaimer ernment’s job to protect our country. Security are used to deter and punish particularly which states that nothing in the section im- egregious conduct. at the nation’s airports is no longer a private plies that a person is liable for damages aris- Eliminating punitive damages totally un- sector matter. It is part of the front line of our ing out of the hijacking and crashes of Sep- dermines the deterrent and punishment func- national defense. tember 11, 2001. The language in the amend- tion of the tort law. The threat of meaning- We would never consider contracting out ment as written is one-sided. If it was neu- ful punitive damages is a major deterrent to the duties of our police departments, and it tral, it would provide that nothing in the wrongdoing, and eliminating punitive dam- section implies that a person is liable or not makes no sense to do so with airport screen- ages would severely undercut their deterrent liable for damages arising out of the Sep- ers—the very people who are on the front value since reckless or malicious defendants tember 11, 2001 hijacking and crashes. This is lines of aviation security. Screeners are often could find it more cost effective to continue illustrative of the overall problem with the paid less than fast-food workers, resulting in their callous behavior and risk paying small amendment—it is written from a totally one- punitive damage awards. If a baggage screen- an average employee turnover rate of more sided perspective to benefit defendants with ing company hired a felon, the company than fast-food workers, resulting in an average little regard for victims. could normally be held liable for punitive employee turnover rate of more than 120% damages. However, this proposed provision Mr. SMITH of Michigan. Mr. Chairman, I rise nationally and more than 400% at some air- could remove the ability of a victim to make in support of the bill, H.R. 3150 to improve the ports. Instead, baggage screeners should be a such a claim. security of air travel. professional, skilled trained law enforcement (2) Interest payments are an added incen- This bill establishes a clear federal responsi- workforce. tive to move the judicial process along be- bility to ensure airport safety. It creates a new Unfortunately, the Republican bill keeps cause a delay would result in a penalty of Under Secretary in the Department of Trans- things as they are with the same private con- added interest to the judgment. Without the threat of added interest payments defendant portation to set and implement the tough new tractors submitting the same low bids, the attorneys may be prone to delay proceedings security standards. same private screeners, the same high turn- because the real dollar value of a judgment One major question has been whether or over rate, the same low pay, and the same in- amount would be reduced, making the judg- not every screener will be a federal employee. secure aviation system. It fails to fundamen- ment the same no matter how long the proc- Instead of worrying about whether the person tally reform the air safety system. ess. Both Virginia and New York law allow screening your luggage is a federal employee There’s a clear way to make sure our fami- for pre-judgment interest in certain cases. or an employee of a federal contractor, we lies are safe and restore their faith in Amer- Limiting interest would unfairly affect the should be focusing on results and account- ica’s airline security. Making airline security judgment award collected by the victims and ability. workers professional will ensure our families leave them vulnerable to a delayed judicial are safer, boost confidence in air travel and process. Under this bill, screeners would have to un- (3) Collateral source reduction would man- dergo rigorous background and fingerprint help restore our economy. date the reduction of the amount of the vic- checks performed by the federal government Mrs. CHRISTENSEN. Mr. Chairman, as the tims’ award by collateral source compensa- and would be trained by the federal govern- representative of a district whose economy is tion received by the claimant or that the ment with strict requirements. Moreover, their almost completely dependent of the safety of claimant may be entitled to, such as health performance would be monitored and as- air travel, I rise in strong support of the Senate or disability insurance. Neither New York sessed by federal employees. Those who do version of the airline security bill. nor Virginia require the court to reduce an Like all of my colleagues, I have received not meet the high standards set by the federal award by collateral source compensation. countless letters, calls and e-mails from pilots government would be dismissed. Further, the There are two problems with this change: and flight attendants. I heard from my local bill mandates a federal or state law enforce- First, a reduction of a victims award due airline staff, including my cousin, Colette who to collateral source compensation would re- ment presence at each screening location. has Worked with American for over 15 years, sult in wrongdoers escaping their responsi- Moreover, the bill allows for the flexibility and I have had discussions with my own Port bility. This amendment subtracts any other that will be needed to hire and fire employees, Authority. Without dissent, all have asked for potential sources of recovery the victim may test new ideas, procedures, and technology. a strong bill now, one which federalizes the have from any damages the wrongdoer Wedding ourselves to a less flexible, rigid fed- should pay. Losses caused by negligence or security at our nations airports, and one which eral system will make it more difficult to as- wrongdoing would be shifted from liable de- gives the airports the resources needed to im- sure safety. It is also important that we do not fendants to the government or private insur- plement the measures that will have to be put ers who made the ‘‘collateral source’’ pay- impose a one-size-fits-all system on all air- into place. ment. ports. DOT should be given the different op- I salute our pilots, the crew and attendants, Second, the amendment does not require tions for different situations at different air- for being willing to serve those of us who have that the victim is actually able to collect ports. This bill would provide such flexibility from the insurance policy or other collateral to fly or are willing to despite the events of while at the same time requiring adherence to September 11th. They will be the first to tell source for the wrongdoer to escape responsi- strict standards. bility. The amendment only requires that you that they do so, knowing that despite the the victim be entitled to recovery from some Unlike the Senate bill, this bill gives the searches, and armed National Guards at the other source. President through one agency, DOT, primary terminals, there is not much more security Caps on attorneys’ fees (section 408(b)(5)) responsibility. It seems to me that one of the than on September 10th, 2001. This provision limits victims attorneys’ weaknesses in our security that the Sep- We now have an office of Homeland Secu- fees by making them subject to court discre- tember 11 terrorists were able to exploit was rity. As we bring this office into full operation, tion and by limiting the amount charged to the lack of inter-agency communication. We it is clear from the recent and historical use of 20 percent of the damages ordered by the are beginning to address that weakness. I be- airplanes as agents of political statement, es- court or the settlement. An attorney who lieve it is better to have these functions in one cape or terror, that airline security must be a violates this limitation will be fined up to agency not only to reduce costs, but to ensure part of its purview. $2000, imprisoned for a year, or both. Neither proper co-ordination. We are long overdue in doing something New York nor Virginia allow attorneys’ fee Mr. Chairman, this bill provides a com- definitive to make our skies safe again. This is caps. Instead, those states require a lawyer’s prehensive new approach to airline security. I fee to be reasonable. no time for arguing the small points, this is Fee caps result in less access to justice for urge Members to support it. time for prompt action. As we are now on a lower income populations. A payment ceiling Mrs. MCCARTHY of New York. Mr. Chair- heightened watch for further acts of terrorism, or fee cap limits the economic incentive for man, I rise in opposition to H.R. 3150, the I do not want the responsibility of not having attorneys to take on complex or difficult-to- Aviation Security Act, a bill that does not fix saved innocent lives should the airlines once prove claims under the contingency fee sys- America’s aviation security problems. I do, again be the instrument of destruction. tem. In turn, this would make it much more however, support the Democratic substitute, I remember what happened to another im- difficult for lower income populations to se- which passed the Senate unanimously. portant bill that would have saved lives—the cure good representation. Further, this proposal is one-sided because I stand fast to my belief that aviation secu- patient bill of rights—when it went to con- it only applies to plaintiffs’ attorneys. It is rity is a matter of national security. Congress ference it died there. We cannot let this hap- blatantly unfair to allow defendants to spend needs to treat this as a question of national pen with this critical measure. Lets pass the unlimited amounts of money on representa- security and put in place an effective, federal same bill the Senate did and lets send it to the tion while plaintiffs, even when dealing with law enforcement system. Public safety is President for his signature.

VerDate 13-OCT-2001 00:21 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\A01NO7.040 pfrm02 PsN: H01PT2 H7646 CONGRESSIONAL RECORD — HOUSE November 1, 2001 Mr. RAHALL. Mr. Chairman, both Demo- all necessary steps to ensure their safety. The building a strong economy, and to boldly step crats and Republicans in this House agree best starting point is to make the security forward to solve new challenges and again that we must overhaul our aviation security screeners federal employees. lead the world in our national aviation system. system after the terrorist attacks against As the Herald-Dispatch noted in an editorial Airline demand is already returning to high lev- America on September 11, 2001. But sadly, on October 31, 2001: els, and it is our job to make sure that we are this House is divided over one key aspect of ‘‘Many House Republicans . . . favor con- prepared for that challenge. this debate—whether or not we should make tinuing to contract security operations to pri- We must take every step possible not only airport security screeners federal employees. I vate companies, under new federal stand- to prevent further terrorist attacks, but to also believe they must become federal employees, ards.’’ ensure the peace-of-mind of the traveling pub- for many glaring reasons. It is the only way to ‘‘But reports by both the General Accounting lic. It is three weeks away until Thanksgiving solve the problem. Office and the Department of Transportation and the busy travel holiday season. We must Security screeners stand at their posts at have shown that the workers who now staff act to thwart terrorist evil deeds and to make airports because they are paid to watch the x- airport security checkpoints are generally paid sure that our loved ones, family and friends ray machines as people and carry-on luggage little more than those who work at fast-food can travel without fear. The immediate answer pass the metal detectors. The screeners are restaurants and have little or no training for to this is H.R. 3150, and the long term answer paid to look for hidden bombs, guns, knives, their all-important jobs. Little wonder that turn- is the development of new secure airports or any potentially lethal weapon, before inno- over in security at many airports is said to be such as the proposed South Suburban Airport cent passengers board the planes. more than 100 percent a year.’’ in Chicago. Yet, as James E. Casto, Associate Editor of ‘‘House Republicans would simply continue H.R. 3150 federalizes airline security the Herald-Dispatch of Huntington, West Vir- this failed approach, merely grafting on an screening and requires federal supervision of overlay of new federal regulations.’’ ginia pointed out, the standards for security the screening process, background checks, Mr. Chairman, we must federalize our air- screeners across the nation are inconsistent. testing and strict oversight. Further, the legis- port security workforce to ensure consistent, Mr. Casto noted two of his personal experi- lation requires the deployment of Federal Air high standards for their training, supervision ences while traveling: in one case at an airport Marshals and the immediate strengthening of and job performance. The more professional out West, he encountered a screener who was cockpit doors. These requirements will ensure they are, the safer American passengers will really on her toes. She spotted a letter opener that through screening of passengers and be in the skies. he had in his toiletry kit, that he was using as Ms. ROYBAL-ALLARD. Mr. Chairman, the baggage will take place by people who are a makeshift screwdriver to fix his eyeglasses. House of Representatives prides itself on trained and qualified to take proper She sternly made him fill out a form to leave being ‘‘the people’s House’’ and on doing ‘‘the screenings. Federal Air Marshals will provide the letter opener behind as ‘‘abandoned prop- people’s work’’. an additional deterrent to anyone attempting to erty.’’ Since the attacks of September 11, the hijack an airliners. But at another major airport in the Midwest, American people have made it abundantly As the public continues to resume air travel, Mr. Casto noted the he encountered ‘‘a gaggle clear that they want their federal government the capacity crisis that has plagued our air of screeners who were laughing and appar- to take the lead in making our country safe. system will again be upon us. It is then our ently having a great time. I doubt they would We have a bi-partisan bill that passed the duty to build the safest new airports to handle have noticed if I’d had an A–K 47 under my Senate 100–0 that is critical to our reaching the capacity crisis. arm.’’ that goal. There is no question that Chicago’s aviation The problem is that until now, security Unfortunately, this bill has been held hos- capacity is at its limits; this fact is not in dis- screeners have been hired privately by the air- tage for three weeks by a handful of members pute. There is no doubt that the capacity crisis lines and the lowest bidder always gets the of the Republican leadership who, until today, is hurting regional and nationwide transpor- contract. Security has been secondary to the have blocked a vote on this critical legislation. tation networks, as well as the economy. Now airlines. The airlines’ mission is not the secu- The Democratic bi-partisan substitute will is the time for bold and decisive action to fin- rity business. It is the passenger service busi- among other things put the federal govern- ish the 15 years of research and work that ness. As a result of this private system, there ment in charge of airport security including the have brought us to this point by completing all are no government standards to ensure con- federalization of security screeners. environmental impact statements and begin- sistency in training, supervision, wages and This bill has the endorsement of my Los An- ning construction on the third airport. benefits, background checks, and continued geles mayor, Jim Hahn, as well as the en- Land is available and can be obtained if the security training once screeners are on the dorsement of the entire U.S. Conference of State of Illinois is allowed to continue land ac- job. Mayors. quisition. Construction could begin soon after That is why Mr. Casto, and millions of pas- It’s time for Congress to listen to the Amer- land acquisition, creating an inaugural airport sengers, experience various levels of scrutiny ican people and make our skies safe again by site that would be operational in four to five from security screeners based at different air- passing the Democratic Substitute. years. This is the key to alleviating the coming ports, and hired by different airlines. Mr. WELLER. Mr. Chairman, I rise today in capacity crisis as it is the fastest viable alter- We know of cases where convicted felons full support of efforts to increase the safety of native proposed to date. It also happens to be were hired to be security screeners. Why? Be- the flying public and airline workers. America the least expensive—an inaugural airport can cause private security companies do not con- has been the world’s aviation leader from first be built for $560 million. duct thorough background checks of the peo- flight in Kitty Hawk to the development of the Some have asked, ‘‘why this site, why Will ple they employ. This is absolutely unaccept- Space Shuttle. Today, we have the oppor- County?’’ Will County continues to be a fast- able. tunity to make historic advances in airline growing, dynamic county that is underserved The American people expect the federal safety. I strongly support H.R. 3150 to in- in air transportation capacity, 2.3 million peo- government to act to protect them in times of crease security at airports in operation today ple live within 45 minutes of the proposed site, national security. Perhaps before September and I strongly support the development of the but must travel much greater distances to 11th, domestic air travel was not considered to proposed Chicago South Suburban Third Air- O’Hare or Midway, creating creating increas- be a national security issue. But today, we port—an airport which has the opportunity to ing traffic congestion. Will County and the re- must accept the harsh reality that international be the safest in the world. gion will continue to experience significant terrorists may attack us at any time. Our do- We have all been stunned and saddened by population growth. The proposed total acreage mestic flights have become a new tool for their the recent terrorist attacks. The goal of the ter- of the Peotone site will encompass enough terrorism. rorists was to make our nation fear, to force land for the airport to continue to grow with Therefore, domestic aviation is a national us to shrink from new challenges, and to demand and still keep green, open space security issue. National security means federal scare our economy into a recession. I cannot around it. law enforcement. Federal law enforcement emphasize enough how important both sym- There is no doubt that Chicago will continue can only be conducted by federal employees, bolically and practically building a new South to move south; the question is do we plan for just as it is for Customs, immigration and agri- Suburban Airport is to respond to these hei- the growth that is coming by taking the nec- cultural inspections of crops coming in from nous acts. This airport can be built as the essary steps today to ensure land is available other nations. safest and most secure airport the world has for this airport while we still can. In addition to In order to regain the American people’s ever seen. the air travel benefits for Illinois and Indiana confidence in flying, the federal government Building a new airport will signify our strong residents, the region will also experience tre- must demonstrate to them that we have taken commitment to continuing safe air travel, to mendous economic growth and job creation

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\A01NO7.045 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7647 from the development of this airport. And, from nize this as an issue of national security, so federal employees subject to annual review a national perspective, the delays at O’Hare should their colleagues in the House. and the threat of immediate dismissal in the that have a domino effect across the nation, It is obvious that the quality of the screening event of inadequate job performance. will be eliminated, keeping commerce and process will improve with federal employees The bipartisan substitute, which the Senate people moving efficiently and safely. doing the job. Government can pay salaries passed by a vote of 100–0 on October 11, Mr. Chairman, I urge my colleagues to sup- commensurate with the law enforcement re- would shift responsibility for aviation security port H.R. 3150 and to support the develop- sponsibilities of screening. This job involves from the airline companies to the federal gov- ment of the proposed South Suburban Chi- not only the ability to read x-rays, but also the ernment. Our nation’s borders, shores and cago Airport to solve not only the capacity cri- ability to size up individuals and situations seaports are protected by federal agents of sis, but also the safety crisis. which require more thorough inspection in cer- the U.S. Customs Service, Border Patrol, Drug Mr. STARK. Mr. Chairman, it is unconscion- tain circumstances. These are skills required Enforcement Agency and Coast Guard. Our able that more than seven weeks after this of Customs and Immigration inspectors and nation’s airports deserve the same assurance country lost more innocent lives than were lost for which they are more appropriately paid of protection. in the American Revolution—and the means of than current baggage screeners in our nation’s As well, both aviation security bills under attack was through sabotage of our aviation airports. consideration today seek to expand, not pri- system—that we are only today debating this The GOP bill allows the same inept agen- vatize, the Federal Air Marshal program. very urgent matter. The Senate unanimously cies to train screeners. The only change is These measures acknowledge the important passed a comprehensive aviation security bill that all these poorly trained screeners would role that federal agents play in ensuring and three weeks ago. Meanwhile, the House of be wearing a uniform supplied by the U.S. enhancing the safety and confidence of Amer- Representatives has been devising ways to Government. Slapping a U.S. badge and uni- ican air travelers. Air passengers deserve the provide tax relief to corporations and liability form on our baggage screeners isn’t going to same assurances of safety before they enter relief to the airlines—and ignoring airline safe- deter further terrorist attacks, nor will it im- commercial aircraft that they enjoy after they ty altogether. prove the training and attrition of our baggage take their seats. We continue to hear stories of passengers screeners. We need real reforms in the entire Mr. Chairman, I believe that the federal gov- who board airplanes with everything from screening pay structure and process. The ernment needs to take immediate, reasonable knives to loaded guns. Two weeks ago, seven Democratic Substitute bill does that. actions to enhance the safety of American air baggage screeners at Dulles International Air- Finally, the GOP bill includes further unwar- travelers. Aviation security needs to be treated port failed a pop quiz that tested their skills. ranted liability protections. The bill expands li- as a law enforcement function, and as such Currently, airlines are responsible for the ability relief to other unnamed parties beyond should be provided by federal agents subject screening of airline passengers and baggage. the two airlines protected from liability under to congressional oversight and accountable to Airlines pass this responsibility on to the low- the Airline Stabilization Act enacted last the American people. est-bid screening contractors who pay their month. Under the Managers Amendment, with Mr. LEVIN. Mr. Chairman, a basic function employees minimum wage and have widely no showing of justifiable cause—indeed, with of government is to ensure the safety of the varying employment standards. The result, as no showing of any cause at all—every poten- flying public. For many years now, there have documented by the General Accounting Office tial defendant to a September 11-related ac- been ominous signs that the security proce- and the Department of Transportation’s Inves- tion, whether that defendant is presently dures developed by airports and airlines were tigator General, is high turnover in the screen- known or unknown, would be completely im- broken. er workforce and a failure of the screening munized from punitive damages regardless of Four years ago, in testimony presented to process to work effectively—as witnessed by its conduct. That means that Congress might the House Aviation Subcommittee, the Gen- the attacks of September 11 and subsequent even be protecting a private security company eral Accounting Office stated, ‘‘The threat of weapons allowed aboard aircraft across the that knowingly hired a convicted felon or an il- terrorism against the United States has in- U.S. legal alien, or that deliberately failed to check creased. Aviation is, and will remain, an at- We have given the airlines and private con- for weapons. This provision is as ludicrous as tractive target for terrorists, so protecting civil tractors plenty of opportunity to remedy the the discussion of whether or not to federalize aviation continues to be an urgent national egregious problems with the baggage screen- the baggage screening workforce. issue. Since the 1988 bombing of Pan Am ing process and they have failed to do so. The evidence is clear. We must not waste Flight 103, security reviews by FAA, audits Now, it is time for the federal government to another day in quarrelsome debate when se- conducted by GAO and the Department of step in and ensure safety of our airports and curity has been breached prior to, and subse- Transportation’s Inspector General, and the skyways. The Democratic substitute will do quent to, the September 11 attacks at airports work of a presidential commission have shown just that and that’s why I support its passage across the U.S. that the system continues to be flawed. In fact, today. It is not a perfect bill either. If I had the I urge my colleagues to vote no on the Man- nearly every major aspect of the system— opportunity, there are changes I would make. ager’s amendment and vote yes on the Demo- ranging from screening passengers, checked But, passing the Democratic substitute today cratic substitute bill. and carry-on baggage, mail, and cargo to con- will get this overdue airline security bill to the Mr. MOORE. Mr. Chairman, I rise today in trolling the access to secured areas within an President for his signature today. That is of opposition to H.R. 3150, the Security Trans- airport environment—has weaknesses that the utmost importance. portation for America Act of 2001, and in sup- could be exploited.’’ Let’s be clear. Baggage screeners are en- port of the substitute bill that the Senate In March of 2000, the General Accounting forcement officers just like our Customs offi- passed unanimously. Office again raised red flags about passenger cers who are already federal employees. It The American public’s confidence in our na- screening checkpoints, the effectiveness of simply makes sense to make them federal tional aviation system has eroded greatly screeners and the need to improve their per- employees and ensure uniform employment since the tragic attacks of September 11. The formance: The GAO noted that ‘‘turnover of standards are in place for all of them. That’s public rightly demands quick federal action to screeners exceeds 100 percent a year at most what we’ve done with Customs Officers and enhance security at our nation’s airports, and large airports and at one airport has topped no one is asking us to turn that duty over to Congress must act now to ensure the safety 400 percent, leaving few screeners with much private companies! This is an issue of national of millions of travelers. experience at the checkpoints. We found that security and it requires a role for government The federal government has a legitimate some of the screening companies at 14 of the to assure that our citizens are protected. and necessary role to play in providing avia- nation’s 19 largest airports paid screeners a This concept should not be controversial tion security for the American public. In the starting salary of $6.00 an hour or less and, at when we are talking about risking U.S. lives. wake of the September 11 attacks, many 5 of these airports, the starting salary was the It is incumbent upon the U.S. government to Americans have realized that aviation security minimum wage—$5.15 an hour. It is common provide protection for all of its citizens from needs to be viewed and treated as a matter of for the starting wages at airport fast-food res- harm at airports and on airplanes—if the best national security. Private security companies taurants to be higher than the wages screen- way to do that is to federalize passenger and have repeatedly failed to provide adequate se- ers receive.’’ The GAO further noted that the baggage screeners, let’s do it and do it now. curity at our nation’s airports, and the Amer- Federal Aviation Administration’s efforts to es- This very same bill was passed by the U.S. ican public should not be forced to tolerate the tablish performance standards that all screen- Senate by 100–0. Last time I looked, there status quo any longer. Passenger and bag- ing companies have to meet in order to earn were a significant number of conservative Re- gage screening should be treated as law en- and retain certification is years behind sched- publican Senators. If they were able to recog- forcement functions, undertaken by trained ule.

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\A01NO7.061 pfrm01 PsN: H01PT2 H7648 CONGRESSIONAL RECORD — HOUSE November 1, 2001 Even after the horrendous destruction ly, the Senate-passed bill should have been And the General Accounting Office has docu- caused on September 11 when four airlines immediately placed on the House suspension mented their poor performance. were hijacked, the current aviation security calendar and fast tracked to the President. Two weeks ago, the Senate recognized that system continues to fail us. On September 23, Instead, we are considering a bill that main- decisive action was required, and passed an a man in Atlanta was able to successfully tains the status quo. It will keep the same airline security bill by a 100–0 vote that would pass through a security checkpoint with a screeners who are undertrained and under- create a well-paid, well-trained force of Fed- handgun in his pocket. On October 13, a man paid. And a workforce with a more than 120 eral airline screeners. Federalizing this secu- with a knife hidden in his shoe was able to percent turnover rate. Do we want someone rity function will ensure that we are able to pass through security at Dulles Airport without with less incentive than fast-food workers conduct thorough government background setting off the metal detector. On October 23, screening the people and bags that are on our checks on screeners, and that our law en- a man with a loaded gun in his briefcase was planes—or do we want a well-trained, capable forcement efforts are integrated. The traveling able to board a plane in New Orleans. force of federal law enforcement ensuring our public has every right to expect that our airport We have tried for 30 years to make the cur- safety? security personnel will be as professional as rent airline security system work. The Amer- The Republican leadership cannot in good our Armed Forces deployed in Afghanistan ican people need to have confidence that they conscience ask Americans to resume life as and Central Asia. can fly safely, and this will only occur when normal, without first making sweeping changes This Democratic alternative, which federal- we pass legislation overhauling the baggage- to our airline security system. One of my con- izes all security-screening functions, is our and passenger-screening systems. We can no stituents wrote that until the flying public is put best chance to restore public confidence in longer afford to contract this critical responsi- first, ‘‘My family will not be flying . . . We will airline security. Let me note, though, that Fed- bility out to the lowest bidder. not be flying any airplane until Air Marshals eral screeners cannot be Federal employees The Oberstar substitute correctly addresses are on every flight, every piece of luggage is in name only. This bill gives the Attorney Gen- the longstanding flaws in our country’s aviation x-rayed, and the workers that screen flyers are eral broad discretion over pay, health care, security system through the use of specially- federalized.’’ whistleblower protection, veterans’ preference, trained federal employees to perform the Federalization is the key to professionalizing workers’ compensation, and the right to orga- screening of passengers and baggage at air- security. We would never consider contracting nize. He must not use it to create a second- ports. The Oberstar substitute is identical to out the duties of the U.S. Customs Service, class status for these employees. the bipartisan aviation safety bill approved by Border Patrol, or the local police department, I will support this legislation to make our air the Senate three weeks ago by a vote of 100 and it makes no sense to do so with airport travel system much safer. This objective must to 0. screeners—the front line in aviation security. be accomplished. But I intend to monitor the Like the Capitol Hill police that protect Mem- The bipartisan democratic substitute is implementation of this legislation to ensure bers of Congress and the Secret Service that clearly the right bill for airline security: 100 that Federal employee protections and bene- protects the President, the airport screeners Senators voted for it; 82 percent of Americans fits are not undermined in the process. charged with protecting the flying public want to federalize airline security; and flight at- Mr. SENSENBRENNER. Mr. Chairman, in should be qualified professionals, and the tendants, pilots, and baggage handlers have September, the House passed a bill that lim- Oberstar substitute ensures that they will be. made clear that their security is at risk at work ited the potential liability of air carriers in any Our substitute also increases the use of fed- everyday, and they support federalizing airline litigation arising out of the terrorist attacks of eral marshals on domestic and international security. September 11. We did this because the cap- flights, reinforces cockpit doors, strengthens Let’s vote down the Republican airline secu- ital markets could not and would not deal with the security of the flight deck, and enhances rity bill, and enact the bill everyone can stand air carriers as long as they remained under a the security of secured areas of airports. behind—the democratic substitute. cloud of potentially infinite liability. At that time, Mr. Chairman, there is an old saying that Mr. HOYER. Mr. Chairman, when our Na- I voted against that legislation because it holds that the definition of insanity is doing the tion deploys its Army or Navy on a sensitive failed to similarly protect other industries. All same thing over and over again and expecting mission, we don’t supplement their war-fight- businesses, not just air carriers, will be unable different result. Green everything that has hap- ing capabilities with a privately run air force. to obtain credit, capital, and loans if they are pened, the last thing we should do is to per- So why would we insist that Federal law en- subject to potentially limitless liability awards. petuate an aviation security system that has forcement agents—who are on the front lines Without capital, these businesses will dis- failed as badly as our current system has. I of homeland security—work alongside private appear, and the terrorists will have taken urge all my colleagues to vote for the Oberstar airline screeners who are poorly paid, poorly down not only the World Trade Center, but substitute. trained and poorly performing? Do we really also untold numbers of businesses, large and Mrs. LOWEY. Mr. Chairman, it’s been 50 believe that a terrorist who can elude the small. And they will have done this with the days since the terrorist attacks of September greatest fighting force in the world cannot ex- help of a Congress that failed to act. Finally, 11 and Americans are still unsafe on our na- ploit this weakest link in our homeland secu- today, in the manager’s amendment, Con- tion’s airlines. While I am pleased that the rity? gress is acting. House is finally debating airline security, I rise Every member of this body recognizes—in Far beyond companies like Boeing, this bill in support of the bipartisan bill that passed the the wake of September 11—that airline secu- protects any business that creative trial law- Senate 100–0. rity is an integral part of our national security. yers could implicate in the tragic events of My colleagues, aviation security is now a Thus, there’s broad agreement: Airline cock- September 11. Some or many of these busi- matter of national security. That became clear pits must be more secure. More Federal mar- ness may be in our own districts. Surely it is on September 11, when four commercial shals must be deployed on airplanes. Training the terrorists, and not American companies, plains were used as weaponry in the terrorist and performance of airline security personnel that started this war on America. So let’s re- attack on America. must be improved. Yet, some Members of the move the cloud of infinite liability that hangs The first obligation of our government is to majority believe that private companies should over these businesses and allow them to con- protect our citizens and public safety is cur- conduct security screening of passengers and tinue to survive even as they may face litiga- rently threatened by an unprecedented war. It baggage. tion. The terrorists put that cloud there. It’s up is the federal government’s job to protect our That’s a recipe for future disaster. As Sec- to us to cast away that cloud, and to protect country during these times, and as President retary Mineta remarked on Tuesday, ‘‘An un- the capital streams upon which New York and Bush has stated, we are fighting a two-front acceptable number of deficiencies continue to the nation thrive and prosper. war—one here and one abroad. While we’ve occur’’ at our Nation’s airports. This bill does nothing to prevent victims committed troops and billions of dollars to the Just since September 11, seven screeners from being compensated by liable defendants. war overseas, it’s sadly taken us seven weeks failed a quiz on their skills at Dulles. Seven It does nothing to prevent them from taking to even begin debate on how to make air trav- other screeners were arrested at Dallas-Forth part in the victims’ compensation program we el safe. Worth when they were found to be working il- created last month. This legislation does, how- My colleagues, now is not the time for par- legally in the United States. And, Last week, ever, place finite limits on the potential liability tisan politics. And shame on those trying to a passenger flying from New Orleans to Phoe- of anyone implicated in litigation arising out of make this a partisan issue. The Senate didn’t. nix discovered that he had a gun in his brief- the terrorist attacks of September 11. In doing They unanimously passed—100 to 0—a bill to case that had not been detected. so, this legislation saves those persons and hold the federal government responsible for Low salaries contribute to an average turn- companies from losses of capital that could the safety of our nation’s airlines. Quite frank- over rate for private screeners of 126 percent. lead to bankruptcy. This in turn prevents the

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\A01NO7.065 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7649 victims of September 11th from having their September 11, and I supported that measure plementing strict passenger and baggage compensation decided by a federal bankruptcy as legitimate compensation for individuals and screening standards. This responsibility will be court. companies harmed by the failure of the federal given to a new Transportation Security Admin- This bill also protects the city of New York, government to provide national defense. Soon istration within the Department of Transpor- its police department, and its fire depart- thereafter we made another $15 billion avail- tation and will be headed by a new Under ment—all of which have conducted them- able to the airlines, and now we have a House Secretary. While H.R. 3150 does not strictly selves so valiantly. This measure is supported bill that further victimizes the taxpayers by call for airport screeners and baggage check- by elected leaders in New York, as well as making them pay for another $3 billion worth ers to be federal employees, it gives the Ad- New York congressional members from both of subsidies to the airline industry. ministration the flexibility to choose either a sides of the aisle (Mr. NADLER excluded). We need to stop this spending spree. I op- Federal or private workforce. This discretion Mayor Guiliani, in a letter supporting the bill, pose this new taxation and spending, as well ensures that we have a security system that is noted that ‘‘The measure that Chairman as the steps taken in this bill, the substitute, both professional and efficient. YOUNG will bring to the floor will contain a and unfortunately in the manager’s amend- I am also pleased that at the request of manager’s amendment that would provide ment as well. Each of these items moves fur- Representative MIKE FERGUSON (R–NJ) and New York with much needed relief from poten- ther down the road of nationalizing air travel in myself, we had included in this legislation two tial liability arising out of the attacks on the this country and, as such, must be rejected. important security provisions. One calls for World Trade Center on September 11, 2001. Mr. CONYERS. Mr. Chairman, I rise in complete background checks for all airport Any substitute would fail to provide the City strong opposition to the manager’s amend- screeners and employees who have access to the fiscal protection it needs from potentially ment and in support of the Democratic Sub- restricted areas of our airports. The second limitless lawsuits. . . . Passage of Chairman stitute. establishes a system to screen all passenger YOUNG’S bill would solve one large part of the Airport security is a legitimate federal re- baggage. I am thankful to Chairman YOUNG City’s potential liability exposure, and help en- sponsibility. Just as we protect our borders, and the House Transportation and Infrastruc- sure steady progress toward utilizing our re- guard against smuggling, and protect against ture Committee for including these two impor- sources to address critical fiscal matters.’’ illegal drugs, we must also protect our citizens tant measures in this bill. In addition, this leg- Governor Pataki has written ‘‘I can only un- against terrorists who board our planes and islation strengthens cockpit doors and deploys derscore the importance of passage for not travel our skies with guns, knives, and bombs. Federal Air Marshals on domestic flights. only the manager’s amendment and the bill, However, the Manager’s amendment does Mr. Chairman, as you well know the tragic but also the defeat of any substitute amend- not accomplish this. Instead, this amendment events of September 11th have forced us to ment scheduled to be offered. . . . H.R. 3150 expands the provision that we already passed, rethink all security in our country like no other with the manager’s amendment will free the limiting liability for airlines that were used by time in history. I am pleased that Congress city of New York and the Port Authority of terrorists on September 11, 2001 and applies has already acted by giving President Bush $3 under burdens which could seriously slow or that provision to ‘‘any person liable for any billion to address immediate aviation security even derail those rebuilding efforts.’’ damages arising out of the hijacking.’’ This needs. By passing H.R. 3150, we put the Fed- New York is our nation’s center of com- would limit the liability of everyone, including eral Government in charge of aviation security, merce, and it thrives on the flow of capital. By an airport security company that allowed ter- thus ensuring that safety both at our airports passing the Manager’s Amendment today, we rorists to get on a plane with box cutters. and in our skies remains paramount. Make no can prevent the prospect of unlimited liability Even worse, the liability provisions go far mistake, on this issue there can be no com- damage awards from turning New York from beyond the protections included in the airline promise on safety. the nation’s financial capital into a business bailout bill we passed in September. This is Mr. DELAHUNT. Mr. Chairman, from those graveyard. Last month, Congress appro- because the amendment totally bans punitive first tragic moments on September 11, two priately placed limits on the potential liability of damages, eliminates prejudgment interest, things were immediately clear. the airlines in order to keep planes in the air. mandates collateral source, and limits victims’ First, fundamental, systemic changes have That’s current law. Given that there is a finite attorneys’ fees. All of this was done without to be made in airline security. amount of funds available for victims from any the benefit of a single hearing or any consider- And second, Americans responded with airline found liable, the question becomes: ation by the Judiciary Committee. And all of enormous heroism. Every Member of this Does the House want more money to go to this harms the victims. House has noted that this remarkable courage trial lawyers, or to victims? It’s that simple. Members should know that these provisions saved lives and reaffirmed our national spirit. The more money lawyers get from a limited are far more extreme than the liability relief re- source of funds, the less victims get. Let’s quested by the supposed beneficiaries of the Within hours, we saw Iron Workers clearing stand solidly behind the victims today and provisions—the owners of the World Trade tons of rubble at Ground Zero with cranes, pass the Manager’s Amendment. Center and the airplane manufacturers. This bulldozers and by hand. Round-the-clock Mr. PAUL. Mr. Chairman, I must oppose amendment is too broad, benefits the wrong- emergency care from medical professionals. H.R. 3150, the Airport Security Federalization doers, and would have a number of harmful Teamsters trucking in rescue supplies from Act. As the short title of the bill suggests, this and unintended consequences for victims of across the country. legislation is a bureaucracy-laden approach. terrorism. Please vote no on the manager’s All members of labor unions. Many continue While the approach of this legislation is mar- amendment and support the Democratic Sub- to work up to this very moment to honor the ginally preferable to the complete federaliza- stitute. Passing this manager’s amendment memory of the hundreds of union firefighters, tion of the workforce being offered by the constitutes special interest legislating at its union police officers, union paramedics, and House Minority, the bill is otherwise strikingly worst. It is wrong and I urge the Members to union maintenance workers who died trying to similar to the Senate’s approach. Regrettably, reject it. help others. To honor the memory of the 1000 sisters and brothers—representing 24 I think portions of the manager’s amendment f actually make the legislation worse. For exam- unions—who perished that day. ple, the deputization of private security forces SECURE TRANSPORTATION FOR From the pilots and flight attendants who is clearly a step in the wrong direction. AMERICA ACT lost their lives on September 11, to the postal I have offered an alternate bill which would Mr. FRELINGHUYSEN. Mr. Chairman, workers who were the first to fall victim to bio- accomplish security goals without expanding today I rise in support of H.R. 3150, the Se- terrorism on our shores. These are genuine the federal government. My bill would not cre- cure Transportation for America Act introduced American heroes. ate new federal spending nor new federal bu- by Representative DON YOUNG (R–AK). This They work hard and proud. Each day. For reaucracies. legislation is an important part of our ongoing us. Mr. Chairman, the bill before us, while a efforts in Congress to ensure the safety and Which is why it is so unthinkable that unions slight improvement over the Senate version, is well-being of all Americans who travel by air are now under attack in this debate. still a step in the wrong direction. By author- as it makes substantial, long overdue improve- We all agree about the urgent need to up- izing a new airline ticket tax, by creating new ments to our nation’s aviation security system. grade airport security. There is consensus federal mandates and bureaucracies, and by H.R. 3150 ensures maximum safety for pas- about how to do it, and how to pay for it. subsidizing the airline industry to the tune of sengers and airline crews through a series of Nearly 30 years ago, the airlines themselves another $3 billion, this bill creates a costly ex- comprehensive security measures. First and testified before Congress that the only way to pense that the American people cannot afford. foremost, this bill puts the Federal Govern- seriously combat hijacking threat was with fed- We appropriated $40 billion in the wake of ment in complete charge of adopting and im- eralized airport security.

VerDate 13-OCT-2001 00:21 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\A01NO7.055 pfrm02 PsN: H01PT2 H7650 CONGRESSIONAL RECORD — HOUSE November 1, 2001 Apparently, the only real dispute today is SEC. 2. TRANSPORTATION SECURITY ADMINIS- ‘‘(7) on a day-to-day basis, manage and pro- over the possibility that taking these steps to TRATION. vide operational guidance to the field secu- (a) IN GENERAL.—Chapter 1 is amended by protect public safety might also require hiring rity resources of the Administration, includ- adding at the end the following: ing Federal Security Managers as provided unionized federal labor. ‘‘§ 114. Transportation Security Administra- by section 44933; To those whose vision about public safety is tion ‘‘(8) enforce security-related regulations blurred by hostility to unions, all I can say is: ‘‘(a) IN GENERAL.—The Transportation Se- and requirements; get over it. curity Administration shall be an adminis- ‘‘(9) identify and undertake research and The men and women of organized labor tration of the Department of Transportation. development activities necessary to enhance have swept our floors and served our meals. ‘‘(b) UNDER SECRETARY.— transportation security; Mined our coal and built our jet fighters. ‘‘(1) APPOINTMENT.—The head of the Ad- ‘‘(10) inspect, maintain, and test security ministration shall be the Under Secretary of facilities, equipment, and systems; Staffed our emergency rooms and taught our Transportation for Security. The Under Sec- ‘‘(11) ensure the adequacy of security meas- children. retary shall be appointed by the President, ures for the transportation of cargo; They have made us great and they have by and with the advice and consent of the ‘‘(12) oversee the implementation, and en- made us good. Organized labor gave us the Senate. sure the adequacy, of security measures at weekend. The middle class. The American ‘‘(2) QUALIFICATIONS.—The Under Secretary airports and other transportation facilities; dream. The vitality that makes us special must— ‘‘(13) perform background checks for air- among the family of nations. ‘‘(A) be a citizen of the United States; and port security screening personnel, individ- If we’re at war, let’s fight it with our best ‘‘(B) have experience in a field directly re- uals with unescorted access to secure areas lated to transportation or security. of airports, and other transportation secu- troops. If we want safe skies, the worst thing ‘‘(3) TERM.—The term of office of an indi- rity personnel; we can do is scapegoat those who have vidual appointed as the Under Secretary ‘‘(14) develop standards for the hiring and risked life and limb to keep our homeland se- shall be 5 years. retention of security screening personnel; cure. ‘‘(c) LIMITATION ON PECUNIARY INTERESTS.— ‘‘(15) train and test security screening per- I urge my colleagues to support the bipar- The Under Secretary may not have a pecu- sonnel; and tisan alternative. niary interest in, or own stock in or bonds ‘‘(16) carry out such other duties, and exer- The CHAIRMAN. All time for general of, a transportation or security enterprise, cise such other powers, relating to transpor- or an enterprise that makes equipment that debate has expired. tation security as the Under Secretary con- could be used for security purposes. siders appropriate, to the extent authorized Pursuant to the rule, the bill is con- ‘‘(d) FUNCTIONS.— by law. sidered read for amendment under the ‘‘(1) IN GENERAL.—The Under Secretary ‘‘(f) ACQUISITIONS.— 5-minute rule. shall be responsible for security in all modes ‘‘(1) IN GENERAL.—The Under Secretary is The text of H.R. 3150 is as follows: of transportation, including— authorized— ‘‘(A) carrying out chapter 449 relating to H.R. 3150 ‘‘(A) to acquire (by purchase, lease, con- civil aviation security; and demnation, or otherwise) such real property, Be it enacted by the Senate and House of Rep- ‘‘(B) security responsibilities over nonavia- or any interest therein, within and outside resentatives of the United States of America in tion modes of transportation that are exer- the continental United States, as the Under Congress assembled, cised by Administrations of the Department Secretary considers necessary; SECTION 1. SHORT TITLE; AMENDMENTS TO of Transportation (other than the Federal ‘‘(B) to acquire (by purchase, lease, con- TITLE 49, UNITED STATES CODE; Aviation Administration). demnation, or otherwise) and to construct, TABLE OF CONTENTS. ‘‘(2) SCHEDULE FOR ASSUMPTION OF CIVIL repair, operate, and maintain such personal (a) SHORT TITLE.—This Act may be cited as AVIATION SECURITY FUNCTIONS.—Not later property (including office space and patents), the ‘‘Secure Transportation for America Act than 3 months after the date of enactment of or any interest therein, within and outside of 2001’’. this section, the Under Secretary shall as- the continental United States, as the Under (b) AMENDMENTS TO TITLE 49, UNITED sume civil aviation security functions and Secretary considers necessary; STATES CODE.—Except as otherwise specifi- responsibilities under chapter 449 in accord- ‘‘(C) to lease to others such real and per- cally provided, whenever in this Act an ance with a schedule to be developed by the sonal property and to provide by contract or amendment or repeal is expressed in terms of Secretary of Transportation, in consultation otherwise for necessary facilities for the wel- an amendment to, or repeal of, a section or with air carriers, foreign air carriers, and fare of its employees and to acquire main- other provision of law, the reference shall be the Administrator of the Federal Aviation tain and operate equipment for these facili- considered to be made to a section or other Administration. The Under Secretary shall ties; provision of title 49, United States Code. publish an appropriate notice of the transfer ‘‘(D) to acquire (by purchase, lease, con- (c) TABLE OF CONTENTS.— of such security functions and responsibil- demnation, or otherwise) and to construct, Sec. 1. Short title; amendments to title 49, ities before assuming the functions and re- repair, operate, and maintain research and United States Code; table of sponsibilities. testing sites and facilities; and contents. ‘‘(3) ASSIGNMENT OF CONTRACTS.—Upon re- ‘‘(E) in cooperation with the Administrator Sec. 2. Transportation Security Administra- quest of the Under Secretary, an air carrier of the Federal Aviation Administration, to tion. or foreign air carrier carrying out a screen- utilize the research and development facili- Sec. 3. Screening of passengers and prop- ing or security function under chapter 449 ties of the Federal Aviation Administration erty. may enter into an agreement with the Under located in Atlantic City, New Jersey. Sec. 4. Security programs. Secretary to transfer any contract the car- ‘‘(2) TITLE.—Title to any property or inter- Sec. 5. Employment standards and training. rier has entered into with respect to car- est therein acquired pursuant to this sub- Sec. 6. Deployment of Federal air marshals. rying out such function, before the Under section shall be held by the Government of Sec. 7. Enhanced security measures. Secretary assumes responsibility of such the United States. Sec. 8. Criminal history record check for function. ‘‘(g) TRANSFERS OF FUNDS.—The Under Sec- screeners and others. ‘‘(e) ADDITIONAL DUTIES AND POWERS.—In retary is authorized to accept transfers of Sec. 9. Passenger and baggage screening fee. addition to carrying out the functions speci- unobligated balances and unexpended bal- Sec. 10. Authorizations of appropriations. fied in subsection (d), the Under Secretary ances of funds appropriated to other Federal Sec. 11. Limitation on liability for acts to shall— agencies (as such term is defined in section thwart criminal violence or air- ‘‘(1) receive, assess, and distribute intel- 551(1) of title 5) to carry out functions trans- craft piracy. ligence information related to transpor- ferred, on or after the date of enactment of Sec. 12. Passenger manifests. tation security; this section, by law to the Under Secretary. Sec. 13. Transportation security oversight ‘‘(2) assess threats to transportation; ‘‘(h) REGULATIONS.— board. ‘‘(3) develop policies, strategies, and plans ‘‘(1) IN GENERAL.—The Under Secretary is Sec. 14. Airport improvement programs. for dealing with threats to transportation se- authorized to issue, rescind, and revise such Sec. 15. Technical correction. curity; regulations as are necessary to carry out the Sec. 16. Alcohol and controlled substance ‘‘(4) make other plans related to transpor- functions of the Administration. testing. tation security, including coordinating coun- ‘‘(2) EMERGENCY PROCEDURES.— Sec. 17. Conforming amendments to subtitle termeasures with appropriate departments, ‘‘(A) IN GENERAL.—Notwithstanding any VII. agencies, and instrumentalities of the United other provision of law or executive order (in- Sec. 18. Savings provision. States Government; cluding an executive order requiring a cost- Sec. 19. Budget submissions. ‘‘(5) serve as the primary liaison for trans- benefit analysis) if the Under Secretary de- Sec. 20. Aircraft operations in enhanced portation security to the intelligence and termines that a regulation or security direc- class B airspace. law enforcement communities; tive must be issued immediately in order to Sec. 21. Waivers for certain isolated commu- ‘‘(6) supervise all airport security and protect transportation security, the Under nities. screening services using Federal uniformed Secretary shall issue the regulation or secu- Sec. 22. Assessments of threats to airports. personnel; rity directive without providing notice or an

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.059 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7651 opportunity for comment and without prior (1) in section 44904(b)(5) by striking ‘‘the SEC. 5. EMPLOYMENT STANDARDS AND TRAIN- approval of the Secretary. Administration’’ and inserting ‘‘the Trans- ING. ‘‘(B) REVIEW BY TRANSPORTATION SECURITY portation Security Administration’’; (a) EMPLOYMENT STANDARDS.—Section OVERSIGHT BOARD.—Any regulation or secu- (2) in the second sentence of section 44935(a) is amended— rity directive issued under this paragraph 44913(a)(1) by striking ‘‘of the Administra- (1) in the first sentence by inserting ‘‘, per- shall be subject to disapproval by the Trans- tion’’ and inserting ‘‘of the Transportation sonnel who screen passengers and property,’’ portation Security Oversight Board estab- Security Administration’’; after ‘‘air carrier personnel’’; lished under section 44951. Any regulation or (3) in section 44916(a)— (2) by striking ‘‘and’’ at the end of para- security directive issued under this para- (A) in the first sentence by striking ‘‘Ad- graph (4); graph shall remain effective until dis- ministrator’’ and inserting ‘‘Under Secretary (3) by striking the period at the end of approved by the Board or rescinded by the of Transportation for Security’’; and paragraph (5) and inserting a semicolon; and Under Secretary. (B) in the second sentence by striking ‘‘Ad- (4) by adding at the end the following: ‘‘(i) PERSONNEL AND SERVICES; COOPERA- ministration’’ and inserting ‘‘Transportation ‘‘(6) a requirement that all personnel who TION BY UNDER SECRETARY.— Security Administration’’; screen passengers and property be citizens of ‘‘(1) AUTHORITY OF UNDER SECRETARY.—In (4) in each of sections 44933(a) and 44934(b) the United States; carrying out the functions of the Adminis- by striking ‘‘Assistant Administrator for ‘‘(7) minimum compensation levels, when tration, the Under Secretary shall have the Civil Aviation Security’’ and inserting appropriate; and same authority as is provided to the Admin- ‘‘Under Secretary’’; ‘‘(8) a preference for the hiring of any indi- istrator of the Federal Aviation Administra- (5) in section 44934(b)(1) by striking ‘‘As- vidual who is a member or former member of tion under subsections (l) and (m) of section sistant Administrator’’ and inserting ‘‘Under the armed forces and who is entitled, under 106. Secretary’’; statute, to retired, retirement, or retainer ‘‘(2) AUTHORITY OF AGENCY HEADS.—The (6) by striking sections 44931 and 44932 and pay on account of service as a member of the head of a Federal agency shall have the same the items relating to such sections in the armed forces.’’. authority to provide services, supplies, analysis for such chapter; (b) FINAL RULES ESTABLISHING TRAINING equipment, personnel, and facilities to the (7) by striking ‘‘Administrator’’ each place STANDARDS FOR SCREENERS.—Section Under Secretary as the head has to provide it appears in such chapter (except in sub- 44935(e)(1) is amended by striking ‘‘May 31, services, supplies, equipment, personnel, and sections (f) and (h) of section 44936) and in- 2001’’ and inserting ‘‘6 months after the date facilities to the Administrator of the Federal serting ‘‘Under Secretary’’; of enactment of the Secure Transportation Aviation Administration under section (8) by striking ‘‘Administrator’s’’ each for America Act of 2001’’. (c) EMPLOYMENT STANDARDS FOR SCREEN- 106(m). place it appears in such chapter and insert- ERS; UNIFORMS.—Section 44935 is amended by ‘‘(j) PERSONNEL MANAGEMENT SYSTEM.— ing ‘‘Under Secretary’s’’; and adding at the end the following: The personnel management system estab- (9) by striking ‘‘of the Federal Aviation ‘‘(g) TRAINING FOR ALL SCREENERS, SUPER- lished by the Administrator of the Federal Administration’’ each place it appears in VISORS, AND INSTRUCTORS.— Aviation Administration under section 40122 such chapter (except in section 44936(f)) and ‘‘(1) IN GENERAL.—The Under Secretary shall apply to employees of the Transpor- inserting ‘‘of Transportation for Security’’. shall require any individual who screens pas- tation Security Administration, except that SEC. 3. SCREENING OF PASSENGERS AND PROP- sengers and property pursuant section 44901, subject to the requirements of such section, ERTY. and the supervisors and instructors of such the Under Secretary may make such modi- individuals, to have satisfactorily completed fications to the personnel management sys- Section 44901 of such title is amended— all initial, recurrent, and appropriate spe- tem with respect to such employees as the (1) in subsection (a) by striking ‘‘a weapon- cialized training necessary to ensure compli- Under Secretary considers appropriate. detecting’’ and all that follows through the ance with the requirements of this section. ‘‘(k) ACQUISITION MANAGEMENT SYSTEM.— period at the end of the second sentence and ‘‘(2) ON-THE-JOB PORTION OF SCREENER’S The acquisition management system estab- inserting ‘‘persons and procedures acceptable TRAINING.—Notwithstanding paragraph (1), lished by the Administrator of the Federal to the Under Secretary (or the Adminis- the Under Secretary may permit an indi- Aviation Administration under section 40110 trator before responsibilities under this sub- vidual, during the on-the-job portion of shall apply to acquisitions of equipment and section are assumed by the Under Sec- training, to perform security functions if the materials by the Transportation Security retary).’’; and individual is closely supervised and does not Administration, except that subject to the (2) by adding at the end the following: make independent judgments as to whether requirements of such section, the Under Sec- ‘‘(d) ASSUMPTION OF SCREENING FUNCTION persons or property may enter secure areas retary may make such modifications to the BY UNDER SECRETARY.—The responsibility or aircraft or whether cargo may be loaded acquisition management system with re- for the screening of passengers and property aboard aircraft without further inspection. spect to such acquisitions of equipment and on passenger aircraft in air transportation ‘‘(3) EFFECT OF SCREENER’S FAILURE OF OP- materials as the Under Secretary considers that originates in the United States or intra- ERATION TEST.—The Under Secretary may appropriate. state air transportation that, on the date of not allow an individual to perform a screen- ‘‘(l) AUTHORITY OF INSPECTOR GENERAL.— enactment of this subsection, was performed ing function after the individual has failed The Transportation Security Administration by an employee or agent of an air carrier, an operational test related to that function shall be subject to the Inspector General Act intrastate air carrier, or foreign air carrier until the individual has successfully com- of 1978 (5 U.S.C. App.) and other laws relating shall be assumed by the Under Secretary. pleted remedial training. to the authority of the Inspector General of ‘‘(e) SUPERVISION OF SCREENING.—All ‘‘(h) UNIFORMS.—The Under Secretary shall the Department of Transportation.’’. screening of passengers and property at air- require any individual who screens pas- (b) CONFORMING AMENDMENT.—The analysis ports under this section shall be supervised sengers and property pursuant section 44901 for chapter 1 is amended by adding at the by uniformed Federal personnel of the Trans- to be attired in a uniform, approved by the end the following: portation Security Administration who shall Under Secretary, while on duty.’’. ‘‘114. Transportation Security Administra- have the power to order the dismissal of any (d) INTERIM EMPLOYMENT STANDARDS FOR tion.’’. individual performing such screening. SCREENING PERSONNEL.—In the period begin- (c) POSITION OF UNDER SECRETARY IN EXEC- ‘‘(f) LIMITATION ON RIGHT TO STRIKE.—An ning 30 days after the date of enactment of UTIVE SCHEDULE.—Section 5313 of title 5, individual that screens passengers or prop- this Act and ending on the first date that a United States Code, is amended by adding at erty, or both, at an airport under this sec- final rule issued by the Under Secretary of the end the following: tion may not participate in a strike, or as- Transportation for Security under section ‘‘The Under Secretary of Transportation sert the right to strike, against the person 44935(e)(1) of title 49, United States Code, for Security’’. (including a governmental entity) employing takes effect, the following requirements (d) PERSONNEL OF OTHER AGENCIES.—The such individual to perform such screening.’’. shall apply to an individual who screens pas- last sentence of section 106(m) is amended by sengers and property pursuant to section inserting ‘‘personnel and’’ before ‘‘supplies SEC. 4. SECURITY PROGRAMS. 44901 of such title (in this subsection referred and equipment’’. Section 44903(c) is amended— to as a ‘‘screener’’): (e) SECURITY AND RESEARCH AND DEVELOP- (1) in the first sentence of paragraph (1)— (1) EDUCATION.—A screener shall have a MENT ACTIVITIES.—Section 40119 is amend- (A) by striking ‘‘a law enforcement pres- high school diploma, a general equivalency ed— ence’’ and inserting ‘‘a law enforcement or diploma, or a combination of education and (1) in subsection (a) by striking ‘‘Adminis- military presence’’; and experience that the Under Secretary has de- trator of the Federal Aviation Administra- (B) by inserting after ‘‘at each of those air- termined to have equipped the individual to tion’’ and inserting ‘‘Under Secretary of ports’’ the following: ‘‘and at each location perform the duties of the screening position. Transportation for Security’’; and at those airports where passengers are (2) BASIC APTITUDES AND PHYSICAL ABILI- (2) in subsections (b) and (c) by striking screened’’; and TIES.—A screener shall have basic aptitudes ‘‘Administrator’’ each place it appears and (2) in paragraph (2)(C)(i) by striking ‘‘shall and physical abilities (including color per- inserting ‘‘Under Secretary’’. issue an amendment to air carrier security ception, visual and aural acuity, physical co- (f) REFERENCES TO FAA IN CHAPTER 449.— programs to require’’ and inserting ‘‘shall re- ordination, and motor skills) and shall Chapter 449 is amended— quire’’. have—

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.047 pfrm01 PsN: H01PT2 H7652 CONGRESSIONAL RECORD — HOUSE November 1, 2001 (A) the ability to identify the components address security concerns on passenger to discreetly notify the pilots in the case of that may constitute an explosive or an in- flights in foreign air transportation. a security breach occurring in the cabin. cendiary device; ‘‘(c) INTERIM MEASURES.—Until the Under ‘‘(12) Update training procedures used by (B) the ability to identify objects that ap- Secretary completes implementation of sub- the Federal Aviation Administration, law pear to match those items described in all section (a), the Under Secretary may use, enforcement agencies, air carriers, and flight current regulations, security directives, and after consultation with the heads of other crews during hijackings to include measures emergency amendments; Federal agencies and departments, personnel relating to suicidal hijackers and other ex- (C) for screeners operating X-ray and ex- from those agencies and departments, on a tremely dangerous events not currently de- plosives detection system equipment, the nonreimbursable basis, to provide air mar- scribed in the training procedures. ability to distinguish on the equipment mon- shal service.’’. ‘‘(13) Provide for background checks of in- itors the appropriate images; (b) CONFORMING AMENDMENT.—The analysis dividuals seeking instruction (including (D) for screeners operating any screening for chapter 449 is amended by adding after training through the use of flight simula- equipment, the ability to distinguish each the item relating to section 44916 the fol- tors) in flying aircraft that has a minimum color displayed on every type of screening lowing: certificated takeoff weight of more than equipment and explain what each color sig- ‘‘44917. Deployment of Federal air mar- 12,500 pounds. nifies; shals.’’. ‘‘(14) Enter into agreements with Federal, (E) the ability to hear and respond to the SEC. 7. ENHANCED SECURITY MEASURES. State, and local agencies under which appro- spoken voice and to audible alarms gen- (a) IN GENERAL.—Subchapter I of chapter priately-trained law enforcement personnel erated by screening equipment in an active 449 is further amended by adding at the end from such agencies, when traveling on a checkpoint or other screening environment; the following: flight of an air carrier, will carry a firearm (F) for screeners performing manual ‘‘§ 44918. Enhanced security measures and be prepared to assist Federal air mar- searches or other related operations, the ‘‘(a) IN GENERAL.—To the extent the Under shals. ability to efficiently and thoroughly manip- Secretary of Transportation for Security de- ‘‘(15) Require more thorough background ulate and handle such baggage, containers, termines appropriate, the Under Secretary checks of persons described in subparagraphs cargo, and other objects subject to security shall take the following actions: (A), (B)(i), and (B)(ii) of section 44936(a) and processing; ‘‘(1) After consultation with the Adminis- paragraph (13) of this subsection, including a (G) for screeners performing manual trator of the Federal Aviation Administra- review of immigration records, law enforce- searches of cargo, the ability to use tools tion, develop procedures and authorize equip- ment databases, and records of other govern- that allow for opening and closing boxes, ment for pilots and other members of the ment and international agencies to help de- crates, or other common cargo packaging; flight crew to use to defend an aircraft termine whether the person may be a threat (H) for screeners performing screening of against acts of criminal violence or aircraft to civil aviation. cargo, the ability to stop the transfer of sus- piracy. ‘‘(b) AIRWORTHINESS OBJECTIONS BY FAA.— pect cargo to passenger air carriers; and ‘‘(2) After consultation with the Adminis- ‘‘(1) IN GENERAL.—The Under Secretary (I) for screeners performing pat-down or trator, develop and implement methods to— shall not take an action under subsection (a) hand-held metal detector searches of per- ‘‘(A) restrict the opening of a cockpit door if the Administrator notifies the Under Sec- sons, sufficient dexterity and capability to during a flight; retary that the action could adversely affect thoroughly conduct those procedures over a ‘‘(B) fortify cockpit doors to deny access the airworthiness of an aircraft. person’s entire body. from the cabin to the cockpit; ‘‘(2) REVIEW BY SECRETARY.—Notwith- (3) COMMAND OF ENGLISH LANGUAGE.—A ‘‘(C) use video monitors or other devices to standing paragraph (1), the Under Secretary screener shall be able to read, speak, write, alert pilots in the cockpit to activity in the may take an action under subsection (a), and understand the English language well cabin; and after receiving a notification concerning the enough to— ‘‘(D) ensure continuous operation of an air- action from the Administrator under para- (A) carry out written and oral instructions craft transponder in the event of an emer- graph (1), if the Secretary of Transportation regarding the proper performance of screen- gency. subsequently approves the action. ‘‘(c) VIEW OF NTSB.—In taking any action ing duties; ‘‘(3) Impose standards for the screening or under subsection (a) that could affect safety, (B) read English language identification inspection of persons and vehicles having ac- the Under Secretary shall solicit and give media, credentials, airline tickets, docu- cess to secure areas of an airport. great weight to the views of the National ments, air waybills, invoices, and labels on ‘‘(4) Require effective 911 emergency call Transportation Safety Board. items normally encountered in the screening capability for telephones serving passenger ‘‘(d) PROPERTY SECURITY PROGRAM.— process; aircraft and passenger trains. (C) provide direction to and understand ‘‘(1) ESTABLISHMENT.—The Under Secretary ‘‘(5) Provide for the use of voice stress shall develop and implement a program to and answer questions from English-speaking analysis or other technologies to prevent a persons undergoing screening or submitting ensure the security of all property carried on person who might pose a danger to air safety passenger aircraft by either mandating that cargo for screening; and or security from boarding the aircraft of an (D) write incident reports and statements such property is screened, by ensuring that air carrier or foreign air carrier in air trans- no checked baggage is carried on the aircraft and log entries into security records in the portation or intrastate air transportation. English language. unless the passenger who checks the baggage ‘‘(6) Develop standards and procedures for is aboard the aircraft, or by such other SEC. 6. DEPLOYMENT OF FEDERAL AIR MAR- the issuance, renewal, and revocation of a SHALS. methods that the Under Secretary considers certificate of qualification for individuals to be effective. (a) IN GENERAL.—Subchapter I of chapter who screen passengers and property at an ‘‘(2) USE OF SCREENING EQUIPMENT.—The 449 is amended by adding at the end the fol- airport. lowing: Under Secretary shall ensure that equipment ‘‘(7) Provide for the use of threat image installed at airports to screen checked bag- ‘‘§ 44917. Deployment of Federal air marshals projection or similar devices to test individ- gage is used to the maximum extent pos- ‘‘(a) IN GENERAL.—The Under Secretary of uals described in paragraph (6) and establish sible. Transportation for Security under the au- procedures to revoke the certification of ‘‘(e) LIMITATION ON CERTAIN ACTIONS.—The thority provided by section 44903(d) shall— such individuals if the individuals fail to Secretary of Transportation shall not take ‘‘(1) provide for deployment of Federal air maintain a required level of proficiency. any action to prevent a pilot of an air carrier marshals on selected passenger flights of air ‘‘(8) In consultation with air carriers and from taking a firearm into the cockpit of the carriers in air transportation or intrastate other government agencies, establish poli- aircraft if the policy of the air carrier per- air transportation; cies and procedures requiring air carriers to mits its pilots to be armed and the pilot has ‘‘(2) provide for appropriate background use information from government agencies successfully completed a training program and fitness checks for candidates for ap- to identify individuals on passenger lists who for the carriage of firearms aboard aircraft pointment as Federal air marshals; may be a threat to civil aviation and, if such that is acceptable to the Under Secretary. ‘‘(3) provide for appropriate training, su- an individual is identified, to notify appro- ‘‘(f) REPORT.—Not later than 6 months pervision, and equipment of Federal air mar- priate law enforcement agencies and prohibit after the date of enactment of this section, shals at the facility of the Federal Aviation the individual from boarding an aircraft. and annually thereafter until the Under Sec- Administration in New Jersey; and ‘‘(9) Provide for the enhanced use of com- retary determines whether or not to take ‘‘(4) require air carriers providing flights puter profiling to more effectively screen each of the actions specified in subsection described in paragraph (1) to provide seating passengers and property that will be carried (a), the Under Secretary shall transmit to for a Federal air marshal on any such flight in the cabin of an aircraft. Congress a report on the progress of the without regard to the availability of seats on ‘‘(10) Provide for the use of electronic tech- Under Secretary in evaluating and taking the flight and at no cost to the United States nology that positively verifies the identity such actions, including any legislative rec- Government or the marshal. of each employee and law enforcement offi- ommendations that the Under Secretary ‘‘(b) FLIGHTS IN FOREIGN AIR TRANSPOR- cer who enters a secure area of an airport. may have for enhancing transportation secu- TATION.—The Under Secretary shall work ‘‘(11) After consultation with the Adminis- rity, and on the progress the Under Sec- with appropriate aeronautic authorities of trator, provide for the installation of switch- retary is making in carrying out subsection foreign governments under section 44907 to es in an aircraft cabin to enable flight crews (d).’’.

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(b) CONFORMING AMENDMENT.—The analysis in the aggregate, the amounts paid in cal- SEC. 10. AUTHORIZATIONS OF APPROPRIATIONS. for chapter 449 is amended by inserting after endar year 2000 by air carriers for screening (a) IN GENERAL.—Subchapter II of chapter the item relating to section 44917 the fol- activities described in paragraph (1) as deter- 449 is further amended by adding at the end lowing: mined by the Under Secretary. the following: ‘‘44918. Enhanced security measures.’’. ‘‘(b) SCHEDULE OF FEES.—In imposing fees ‘‘§ 44940. Authorizations of appropriations under subsection (a), the Under Secretary (c) REPEAL OF EXISTING REPORTING RE- ‘‘(a) OPERATIONS OF TRANSPORTATION SECU- shall ensure that the fees are reasonably re- QUIREMENT.— RITY ADMINISTRATION.—There are authorized (1) IN GENERAL.—Section 44938 is amended— lated to the Transportation Security Admin- to be appropriated such sums as may be nec- (A) in the section heading by striking ‘‘Re- istration’s costs of providing services ren- essary for the operations of the Transpor- ports’’ and inserting ‘‘Report’’; and dered. tation Security Administration, including (B) by striking ‘‘(a) TRANSPORTATION SECU- ‘‘(c) LIMITATION ON FEE.—Fees imposed the functions of the Administration under RITY.—’’ and all that follows through ‘‘(b) under subsection (a)(1) may not exceed $2.50 section 44901(d) if the fees imposed under sec- SCREENING AND FOREIGN AIR CARRIER AND on a 1-way trip in air transportation or tion 44939 are insufficient to cover the costs AIRPORT SECURITY.—The Administrator’’ and intrastate air transportation that originates of such functions. inserting ‘‘The Under Secretary of Transpor- at an airport in the United States. ‘‘(b) GRANTS FOR AIRCRAFT SECURITY.— tation for Security’’. ‘‘(d) IMPOSITION OF FEE.— There is authorized to be appropriated (2) CHAPTER ANALYSIS.—The analysis for ‘‘(1) IN GENERAL.—Notwithstanding section $500,000,000 for the Secretary of Transpor- chapter 449 is amended by striking the item 9701 of title 31 and the procedural require- tation to make grants to air carriers to— relating section 44938 and inserting the fol- ments of section 553 of title 5, the Under Sec- ‘‘(1) fortify cockpit doors to deny access lowing: retary shall impose the fee under subsection from the cabin to the pilots in the cockpit; ‘‘44938. Report.’’. (a)(1), and may impose a fee under subsection ‘‘(2) provide for the use of video monitors SEC. 8. CRIMINAL HISTORY RECORD CHECK FOR (a)(2), through the publication of notice of or other devices to alert the cockpit crew to SCREENERS AND OTHERS. such fee in the Federal Register and begin activity in the passenger cabin; Section 44936(a) is amended— collection of the fee within 60 days of the ‘‘(3) ensure continuous operation of the air- (1) in paragraph (1)(E)(iv)(II) by striking date of enactment of this Act, or as soon as craft transponder in the event the crew faces the period at the end and inserting ‘‘; except possible thereafter. an emergency; and that at such an airport, the airport operator, ‘‘(2) SUBSEQUENT MODIFICATION OF FEE.— ‘‘(4) provide for the use of other innovative air carriers, and certified screening compa- After imposing a fee in accordance with technologies to enhance aircraft security. nies may elect to implement the require- paragraph (1), the Under Secretary may mod- ‘‘(c) AIRPORT SECURITY.—There is author- ments of this subparagraph in advance of the ify, from time to time through publication of ized to be appropriated $1,500,000,000 for fiscal effective date if the Under Secretary (or the notice in the Federal Register, the imposi- year 2002 to the Secretary to reimburse air- Administrator of the Federal Aviation Ad- tion or collection of such fee, or both. port operators for direct costs that such op- ministration before the transfer of civil avia- ‘‘(3) LIMITATION ON COLLECTION.—No fee erators incurred to comply with new, addi- tion security responsibilities to the Under may be collected under this section, except tional, or revised security requirements im- Secretary) approves of such early implemen- to the extent that expenditure of such fee to posed on airport operators by the Federal tation and if the airport operator, air car- pay the costs of activities and services for Aviation Administration on or after Sep- riers, and certified screening companies which the fee is imposed is provided for in tember 11, 2001. Such sums shall remain amend their security programs to conform advance in an appropriations Act. available until expended.’’. those programs to the requirements of this ‘‘(e) ADMINISTRATION OF FEES.— (b) CONFORMING AMENDMENT.—The analysis subparagraph.’’; and ‘‘(1) FEES PAYABLE TO UNDER SECRETARY.— for chapter 449 is amended by adding after (2) in paragraph (2)— All fees imposed and amounts collected the item relating to section 44939 the fol- (A) by striking ‘‘or airport operator’’ and under this section are payable to the Under lowing: inserting ‘‘airport operator, or certificated Secretary. ‘‘44940. Authorizations of appropriations.’’. screening company’’; and ‘‘(2) FEES COLLECTED BY AIR CARRIER.—A SEC. 11. LIMITATION ON LIABILITY FOR ACTS TO (B) by adding at the end the following: ‘‘In fee imposed under subsection (a)(1) shall be THWART CRIMINAL VIOLENCE OR this paragraph, the term ‘certificated screen- collected by the air carrier or foreign air car- AIRCRAFT PIRACY. ing company’ means a screening company to rier providing the transportation described Section 44903 is amended by adding at the which the Under Secretary has issued a in subsection (a)(1). end the following: screening company certificate authorizing ‘‘(3) DUE DATE FOR REMITTANCE.—A fee col- ‘‘(h) LIMITATION ON LIABILITY FOR ACTS TO the screening company to provide security lected under this section shall be remitted THWART CRIMINAL VIOLENCE OR AIRCRAFT PI- screening.’’. on the last day of each calendar month by RACY.—An individual shall not be liable for SEC. 9. PASSENGER AND BAGGAGE SCREENING the carrier collecting the fee. The amount to damages in any action brought in a Federal FEE. be remitted shall be for the calendar month or State court arising out of the acts of the (a) IN GENERAL.—Subchapter II of chapter preceding the calendar month in which the individual in attempting to thwart an act of 449 is amended by adding at the end the fol- remittance is made. criminal violence or piracy on an aircraft if lowing: ‘‘(4) INFORMATION.—The Under Secretary that individual in good faith believed that ‘‘§ 44939. Passenger and baggage screening may require the provision of such informa- such an act of criminal violence or piracy fee tion as the Under Secretary decides is nec- was occurring or was about to occur.’’. essary to verify that fees have been collected ‘‘(a) GENERAL AUTHORITY.— SEC. 12. PASSENGER MANIFESTS. and remitted at the proper times and in the ‘‘(1) PASSENGER FEES.—The Under Sec- Section 44909 is amended by adding at the proper amounts. retary of Transportation for Security shall end the following: impose a fee, on passengers of air carriers ‘‘(f) RECEIPTS CREDITED AS OFFSETTING ‘‘(c) FLIGHTS IN FOREIGN AIR TRANSPOR- and foreign air carriers in air transportation COLLECTIONS.—Notwithstanding section 3302 TATION TO THE UNITED STATES.— and intrastate air transportation originating of title 31, any fee collected under this sec- ‘‘(1) IN GENERAL.—Not later than 60 days at airports in the United States, to pay for tion— after the date of enactment of this sub- the costs of the screening of passengers and ‘‘(1) shall be credited as offsetting collec- section, the Under Secretary of Transpor- property pursuant to section 44901(d). Such tions to the account that finances the activi- tation for Security shall require each air costs shall be limited to the salaries and ben- ties and services for which the fee is im- carrier and foreign air carrier operating a efits of screening personnel and their direct posed; passenger flight in foreign air transportation supervisors, training of screening personnel, ‘‘(2) shall be available for expenditure only to the United States to provide to the Under and acquisition, operation, and maintenance to pay the costs of activities and services for Secretary by electronic transmission a pas- of equipment used by screening personnel which the fee is imposed; and senger and crew manifest containing the in- and shall be determined by the Under Sec- ‘‘(3) shall remain available until expended. formation specified in subsection (b). retary. ‘‘(g) REFUNDS.—The Under Secretary may ‘‘(2) INFORMATION.—A passenger and crew ‘‘(2) AIR CARRIER FEES.— refund any fee paid by mistake or any manifest for a flight required under para- ‘‘(A) AUTHORITY.—In addition to the fee amount paid in excess of that required.’’. graph (1) shall contain the following infor- imposed pursuant to paragraph (1), and only (b) CONFORMING AMENDMENT.—The analysis mation: to the extent that such fee is insufficient to for chapter 449 is amended by adding after ‘‘(A) The full name of each passenger and pay for the costs of the screening of pas- the item relating to section 44938 the fol- crew member. sengers and property pursuant to section lowing: ‘‘(B) The date of birth and citizenship of 44901(d), the Under Secretary may impose a each passenger and crew member. ‘‘44939. Passenger and baggage screening fee on air carriers to pay for the difference ‘‘(C) The sex of each passenger and crew fee.’’. between any such costs and the amount col- member. lected from such fee. (c) EXEMPTIONS.—Section 44915 is amended ‘‘(D) The passport number and country of ‘‘(B) LIMITATION.—The amounts of fees col- by striking ‘‘and 44936’’ and inserting ‘‘44936, issuance of each passenger and crew member lected under this paragraph may not exceed, and 44939’’. if required for travel.

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.047 pfrm01 PsN: H01PT2 H7654 CONGRESSIONAL RECORD — HOUSE November 1, 2001 ‘‘(E) The United States visa number or establish an advisory council to be known as ‘‘(J) hiring, training, compensating, or re- resident alien card number of each passenger the ‘Transportation Security Advisory Coun- imbursement for law enforcement personnel and crew member, as applicable. cil’. at a non-hub or small hub airport (as defined ‘‘(F) The passenger name record of each ‘‘(b) MEMBERSHIP.—The Council shall be in section 41731). passenger. composed of members appointed by the ‘‘(K) in fiscal year 2002, any activity, in- ‘‘(G) Such other information as the Under Under Secretary to represent all modes of cluding operational activities, of an airport Secretary, by regulation, determines is rea- transportation, transportation labor, screen- that is not a primary airport if that airport sonably necessary to ensure aviation safety. ing companies, organizations representing is located within the confines of enhanced ‘‘(3) TRANSMISSION OF MANIFEST.—Subject families of victims of transportation disas- class B airspace, as defined by Notice to Air- to paragraph (4), a passenger and crew mani- ters, and other entities affected or involved men FDC 1/0618 issued by the Federal Avia- fest required for a flight under paragraph (1) in the transportation security process. tion Administration. shall be transmitted to the Under Secretary ‘‘(c) DUTIES.—The Council shall provide ad- ‘‘(L) in fiscal year 2002, payments for debt in advance of the aircraft landing in the vice and counsel to the Under Secretary on service on indebtedness incurred to carry out United States in such manner, time, and issues which affect or are affected by the op- a project at an airport owned or controlled erations of the Transportation Security Ad- form as the Under Secretary prescribes. by the sponsor if the Secretary determines ministration. The Council shall function as a ‘‘(4) TRANSMISSION OF MANIFESTS TO OTHER that such payments are necessary to prevent resource for management, policy, spending, FEDERAL AGENCIES.—The Under Secretary a default on the indebtedness.’’. and regulatory matters under the jurisdic- may require by regulation that a passenger (c) REIMBURSEMENT FOR PAST EXPENSES.— and crew manifest required for a flight under tion of the Transportation Security Admin- Section 47110(b)(2) is amended— paragraph (1) be transmitted directly to the istration. (1) by striking ‘‘or’’ at the end of subpara- ‘‘(d) ADMINISTRATIVE MATTERS.— head of another Federal agency.’’. graph (B); ‘‘(1) MEETINGS.—The Council shall meet on SEC. 13. TRANSPORTATION SECURITY OVER- (2) by inserting after the semicolon at the a regular and periodic basis or at the call of SIGHT BOARD. end of the subparagraph (C)(iii) ‘‘or’’; and the Chairperson or the Under Secretary. (a) IN GENERAL.—Chapter 449 is amended (3) by inserting at the end the following: ‘‘(2) ACCESS TO DOCUMENTS AND STAFF.—The by adding at the end the following: ‘‘(D) if the cost is incurred after September Under Secretary may give the Council appro- ‘‘SUBCHAPTER III—TRANSPORTATION 11, 2001, for a project described in subpara- priate access to relevant documents and per- SECURITY OVERSIGHT BOARD graphs (J), (K), or (L) of section 47102(3) with- sonnel of the Administration, and the Under out regard to the date of execution of a grant ‘‘§ 44951. Transportation Security Oversight Secretary shall make available, consistent Board agreement under this subchapter.’’. with the authority to withhold commercial (d) FEDERAL SHARE.—Section 47109(a) is ‘‘(a) IN GENERAL.—There is established a and other proprietary information under sec- amended— board to be known as a ‘Transportation Se- tion 552 of title 5 (commonly known as the (1) by striking ‘‘and’’ at the end of para- curity Oversight Board’. ‘Freedom of Information Act’), cost data as- ‘‘(b) MEMBERSHIP.— graph (3); sociated with the acquisition and operation ‘‘(1) NUMBER AND APPOINTMENT.—The Board (2) by striking the period at the end of of security screening equipment. Any mem- shall be composed of 5 members as follows: paragraph (4) and inserting ‘‘; and’’; and ber of the Council who receives commercial ‘‘(A) The Secretary of Transportation (or (3) by adding at the end the following: or other proprietary data from the Under the Secretary’s designee). ‘‘(5) 100 percent for a project described in Secretary shall be subject to the provisions ‘‘(B) The Attorney General (or the Attor- subparagraphs (J), (K), or (L) of section of section 1905 of title 18, pertaining to unau- ney General’s designee). 47102(3).’’. thorized disclosure of such information. ‘‘(C) The Secretary of the Treasury (or the (e) CONFORMING AMENDMENT TO AIRPORT ‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.— Secretary’s designee). AND AIRWAY TRUST FUND.—Section ‘‘(D) The Secretary of Defense (or the Sec- The Council shall elect a Chairperson and a 9502(d)(1)(A) of the Internal Revenue Code of retary’s designee). Vice Chairperson from among the members, 1986 (relating to airport and airway program) ‘‘(E) One member appointed by the Presi- each of whom shall serve for a term of 2 is amended by inserting ‘‘or the Secure dent to represent the National Security years. The Vice Chairperson shall perform Transportation for America Act of 2001’’ Council or the Office of Homeland Security. the duties of the Chairperson in the absence after ‘‘21st Century’’. of the Chairperson. ‘‘(2) CHAIRPERSON.—The Chairperson of the SEC. 15. TECHNICAL CORRECTIONS. ‘‘(4) TRAVEL AND PER DIEM.—Each member Board shall be the Secretary of Transpor- (a) REPORT DEADLINE.—Section 106(a) of of the Council shall be paid actual travel ex- tation. the Air Transportation Safety and System penses, and per diem in lieu of subsistence ‘‘(c) DUTIES.—The Board shall— Stabilization Act (P.L. 107–42) is amended by expenses when away from his or her usual ‘‘(1) review and ratify or disapprove any striking ‘‘February 1, 2001’’ and inserting place of residence, in accordance with sec- regulation or security directive issued by the ‘‘February 1, 2002’’. tion 5703 of title 5. Under Secretary of Transportation for secu- (b) INSURANCE AND REINSURANCE OF AIR- ‘‘(5) DETAIL OF PERSONNEL FROM THE ADMIN- rity under section 114(h)(2) within 30 days CRAFT.—Section 44306(c) (as redesignated by ISTRATION.—The Under Secretary shall make after the date of issuance of such regulation section 201(d) of such Act) is amended by in- available to the Council such staff, informa- or directive; serting ‘‘in the interest of air commerce or tion, and administrative services and assist- ‘‘(2) share intelligence information with national security’’ before ‘‘to carry out for- ance as may reasonably be required to enable the Under Secretary; eign policy’’. the Council to carry out its responsibilities ‘‘(3) review— (c) FEDERAL CREDIT INSTRUMENTS.—Section ‘‘(A) plans for transportation security; under this section. 102(c)(2)(A) of such Act is amended by strik- ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT ‘‘(B) standards established for performance ing ‘‘representatives’’ and inserting ‘‘rep- NOT TO APPLY.—The Federal Advisory Com- of airport security screening personnel; resentations’’. ‘‘(C) compensation being paid to airport se- mittee Act (5 U.S.C. App.) does not apply to the Council.’’. SEC. 16. ALCOHOL AND CONTROLLED SUB- curity screening personnel; STANCE TESTING. ‘‘(D) procurement of security equipment; (b) CONFORMING AMENDMENT.—The analysis for chapter 449 is amended by adding at the Chapter 451 is amended— ‘‘(E) selection, performance, and com- (1) by striking ‘‘contract personnel’’ each pensation of senior executives in the Trans- end the following: place it appears and inserting ‘‘personnel’’; portation Security Administration; ‘‘SUBCHAPTER III—TRANSPORTATION (2) by striking ‘‘contract employee’’ each ‘‘(F) waivers granted by the Under Sec- SECURITY OVERSIGHT BOARD place it appears and inserting ‘‘employee’’; retary under section 21 of the Secure Trans- ‘‘44951. Transportation Security Oversight (3) in section 45106(c) by striking ‘‘contract portation for America Act of 2001 and may Board. employees’’ and inserting ‘‘employees’’; ratify or disapprove such waivers; and ‘‘44952. Advisory council.’’. (4) by inserting after section 45106 the fol- ‘‘(G) budget requests of the Under Sec- SEC. 14. AIRPORT IMPROVEMENT PROGRAMS. lowing: retary; and (a) COMPETITION PLAN.—Section 47106(f) is ‘‘(4) make recommendations to the Under amended— ‘‘§ 45107. Transportation Security Administra- Secretary regarding matters reviewed under (1) by redesignating paragraph (3) as para- tion paragraph (3). graph (4); and ‘‘(a) TRANSFER OF FUNCTIONS RELATING TO ‘‘(d) QUARTERLY MEETINGS.—The Board (2) by inserting after paragraph (2) the fol- TESTING PROGRAMS WITH RESPECT TO AIR- shall meet at least quarterly. lowing: PORT SECURITY SCREENING PERSONNEL.—The ‘‘(e) CONSIDERATION OF SECURITY INFORMA- ‘‘(3) SPECIAL RULE FOR FISCAL YEAR 2002.— authority of the Administrator of the Fed- TION.—A majority of the Board may vote to This subsection does not apply to any pas- eral Aviation Administration under this close a meeting of the Board to the public senger facility fee approved, or grant made, chapter with respect to programs relating to when classified, sensitive security informa- in fiscal year 2002 if the fee or grant is to be testing of airport security screening per- tion, or information protected in accordance used to improve security at a covered air- sonnel are transferred to the Under Sec- with section 40119(b), will be discussed. port.’’. retary of Transportation for Security. Not- ‘‘§ 44952. Advisory council (b) AIRPORT DEVELOPMENT DEFINED.—Sec- withstanding section 45102(a), the regula- ‘‘(a) ESTABLISHMENT.—The Under Sec- tion 47102(3) is amended by adding at the end tions prescribed under section 45102(a) shall retary of Transportation for Security shall the following: require testing of such personnel by their

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employers instead of by air carriers and for- powers designated to be carried out by the (b) LEGAL DOCUMENTS.—All orders, deter- eign air carriers. Under Secretary or’’; and minations, rules, regulations, permits, ‘‘(b) APPLICABILITY OF CHAPTER WITH RE- (B) by striking ‘‘or Administrator’’ and in- grants, loans, contracts, settlements, agree- SPECT TO EMPLOYEES OF ADMINISTRATION.— serting ‘‘, Under Secretary, or Adminis- ments, certificates, licenses, and privileges— The provisions of this chapter that apply trator’’; and (1) that have been issued, made, granted, or with respect to employees of the Federal (2) in subsection (d)— allowed to become effective by the Federal Aviation Administration whose duties in- (A) by inserting after ‘‘The’’ the following: Aviation Administration, any officer or em- clude responsibility for safety-sensitive func- ‘‘Under Secretary of Transportation for Se- ployee thereof, or any other Government of- tions shall apply with respect to employees curity or the’’; ficial, or by a court of competent jurisdic- of the Transportation Security Administra- (B) by striking ‘‘Administration’’ the sec- tion, in the performance of any function that tion whose duties include responsibility for ond place it appears and inserting ‘‘Trans- is transferred by this Act; and security-sensitive functions. The Under Sec- portation Security Administration or Fed- (2) that are in effect on the effective date retary of Transportation for Security, the eral Aviation Administration, as the case of such transfer (or become effective after Transportation Security Administration, may be,’’; and such date pursuant to their terms as in ef- and employees of the Transportation Secu- (C) by striking ‘‘the Administrator de- fect on such effective date), shall continue in rity Administration whose duties include re- cides’’ and inserting ‘‘the Under Secretary or effect according to their terms until modi- sponsibility for security-sensitive functions Administrator, as the case may be, decides’’. fied, terminated, superseded, set aside, or re- shall be subject to and comply with such pro- (d) PENALTIES.—Chapter 463 is amended— voked in accordance with law by the Under visions in the same manner and to the same (1) in section 46301(d)(2)— Secretary of Transportation for Security, extent as the Administrator of the Federal (A) by striking ‘‘, chapter 449 (except sec- any other authorized official, a court of com- Aviation Administration, the Federal Avia- tions 44902, 44903(d), 44907(a)–(d)(1)(A) and petent jurisdiction, or operation of law. tion Administration, and employees of the (d)(1)(C)–(f), 44908, and 44909),’’; (c) PROCEEDINGS.— Federal Aviation Administration whose du- (B) by inserting after the first sentence the (1) IN GENERAL.—The provisions of this Act ties include responsibility for safety-sen- following: ‘‘The Under Secretary of Trans- shall not affect any proceedings or any appli- sitive functions, respectively.’’; and portation for Security may impose a civil cation for any license pending before the (5) in the analysis for such chapter by in- penalty for a violation of chapter 449 (except Federal Aviation Administration at the time serting after the item relating to section sections 44902, 44903(d), 44907(a)–(d)(1)(A), this Act takes effect, insofar as those func- 45106 the following: 44907(d)(1)(C)–(f), 44908, and 44909) or a regula- tions are transferred by this Act; but such ‘‘45107. Transportation Security Administra- tion prescribed or order issued under such proceedings and applications, to the extent tion’’. chapter 449.’’; and that they relate to functions so transferred, SEC. 17. CONFORMING AMENDMENTS TO SUB- (C) by inserting ‘‘Under Secretary or’’ be- shall be continued. Orders shall be issued in TITLE VII. fore ‘‘Administrator shall’’; such proceedings, appeals shall be taken (a) RECORDS OF EMPLOYMENT OF PILOT AP- (2) in each of paragraphs (3) and (4) of sec- therefrom, and payments shall be made pur- PLICANTS.—Part A of subtitle VII is amend- tion 46301(d) by striking ‘‘Administrator’’ suant to such orders, as if this Act had not ed— each place it appears and inserting ‘‘Under been enacted; and orders issued in any such (1) by moving subsections (f), (g), and (h) of Secretary or Administrator’’; proceedings shall continue in effect until section 44936 from section 44936, inserting (3) in section 46301(d)(8) by striking ‘‘Ad- modified, terminated, superseded, or revoked them at the end of section 44703, and redesig- ministrator’’ and inserting ‘‘Under Sec- by a duly authorized official, by a court of nating them as subsections (h), (i), and (j), retary, Administrator,’’; competent jurisdiction, or by operation of respectively; and (4) in section 46301(h)(2) by inserting after law. (2) in subsections (i) and (j) of section 44703 ‘‘(or’’ the following: ‘‘the Under Secretary of (2) STATUTORY CONSTRUCTION.—Nothing in (as moved to the end of section 44703 by para- Transportation for Security with respect to this subsection shall be deemed to prohibit graph (1) of this subsection), by striking security duties and powers designated to be the discontinuance or modification of any ‘‘subsection (f)’’ each place it appears and in- carried out by the Under Secretary or’’; proceeding described in paragraph (1) under serting ‘‘subsection (h)’’. (5) in section 46303(c)(2) by inserting ‘‘or the same terms and conditions and to the (b) INVESTIGATIONS AND PROCEDURES.— the Under Secretary of Transportation for same extent that such proceeding could have Chapter 461 is amended— Security’’ after ‘‘Federal Aviation Adminis- been discontinued or modified if this Act had (1) in each of sections 46101(a)(1), 46102(a), tration’’; not been enacted. 46103(a), 46104(a), 46105(a), 46106, 46107(b), and (6) in section 46311— (3) ORDERLY TRANSFER.—The Secretary of 46110(a) by inserting after ‘‘(or’’ the fol- (A) by inserting after ‘‘Transportation,’’ Transportation is authorized to provide for lowing: ‘‘the Under Secretary of Transpor- the following: ‘‘the Under Secretary of the orderly transfer of pending proceedings tation for Security with respect to security Transportation for Security with respect to from the Federal Aviation Administration. duties and powers designated to be carried security duties and powers designated to be (d) SUITS.— out by the Under Secretary or’’; carried out by the Under Secretary,’’; (1) IN GENERAL.—This Act shall not affect (2) by striking ‘‘or Administrator’’ each (B) by inserting after ‘‘Secretary,’’ each suits commenced before the date of the en- place it appears and inserting ‘‘, Under Sec- place it appears the following: ‘‘Under Sec- actment of this Act, except as provided in retary, or Administrator’’; retary,’’; and paragraphs (2) and (3). In all such suits, pro- (3) in section 46101(a)(2) by striking ‘‘of (C) by striking ‘‘or Administrator’’ each ceeding shall be had, appeals taken, and Transportation or the’’ and inserting ‘‘, place it appears and inserting ‘‘, Under Sec- judgments rendered in the same manner and Under Secretary, or’’; retary, or Administrator’’; with the same effect as if this Act had not (4) in section 46102(b) by striking ‘‘and the (7) in each of sections 46313 and 46316 by in- been enacted. Administrator’’ and inserting ‘‘, the Under serting after ‘‘(or’’ the following: ‘‘the Under (2) SUITS BY OR AGAINST FAA.—Any suit by Secretary, and the Administrator’’; Secretary of Transportation for Security or against the Federal Aviation Administra- (5) in section 46102(c) by striking ‘‘and Ad- with respect to security duties and powers tion begun before the date of enactment of ministrator’’ each place it appears and in- designated to be carried out by the Under this Act shall be continued, insofar as it in- serting ‘‘, Under Secretary, and Adminis- Secretary or’’; and volves a function retained and transferred trator’’; (8) in section 46505(d)(2) by inserting ‘‘or under this Act, with the Transportation Se- (6) in each of sections 46102(d) and 46104(b) the Under Secretary of Transportation for curity Administration (to the extent the suit by inserting ‘‘the Under Secretary,’’ after Security’’ after ‘‘Federal Aviation Adminis- involves functions transferred to the Trans- ‘‘Secretary,’’; tration’’. portation Security Administration under (7) in the heading to section 46106 by strik- SEC. 18. SAVINGS PROVISION. this Act) substituted for the Federal Avia- ing ‘‘Secretary of Transportation and Admin- (a) TRANSFER OF ASSETS AND PERSONNEL.— tion Administration. istrator of the Federal Aviation Administra- Except as otherwise provided in this Act, (3) REMANDED CASES.—If the court in a suit tion’’ and inserting ‘‘Department of Trans- those personnel, property, and records em- described in paragraph (1) remands a case to portation’’; and ployed, used, held, available, or to be made the Transportation Security Administration, (8) in the item relating to section 46106 of available in connection with a function subsequent proceedings related to such case the analysis for such chapter by striking transferred to the Transportation Security shall proceed in accordance with applicable ‘‘Secretary of Transportation and Adminis- Administration by this Act shall be trans- law and regulations as in effect at the time trator of the Federal Aviation Administra- ferred to the Transportation Security Ad- of such subsequent proceedings. tion’’ and inserting ‘‘Department of Trans- ministration for use in connection with the (e) CONTINUANCE OF ACTIONS AGAINST OFFI- portation’’. functions transferred. Unexpended balances CERS.—No suit, action, or other proceeding (c) ADMINISTRATIVE.—Section 40113 is of appropriations, allocations, and other commenced by or against any officer in his amended— funds made available to the Federal Aviation official capacity as an officer of the Federal (1) in subsection (a)— Administration to carry out such functions Aviation Administration shall abate by rea- (A) by inserting after ‘‘(or’’ the following: shall also be transferred to the Transpor- son of the enactment of this Act. No cause of ‘‘the Under Secretary of Transportation for tation Security Administration for use in action by or against the Federal Aviation Security with respect to security duties and connection with the functions transferred. Administration, or by or against any officer

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.047 pfrm01 PsN: H01PT2 H7656 CONGRESSIONAL RECORD — HOUSE November 1, 2001 thereof in his official capacity, shall abate port 107–264 or otherwise specified in Page 16, line 7, strike both periods and the by reason of the enactment of this Act. House Resolution 274. Each amendment closing quotation marks and insert ‘‘; and’’ (f) EXERCISE OF AUTHORITIES.—Except as may be offered only in the order print- and the following: otherwise provided by law, an officer or em- ed, may be offered only by a Member ‘‘(10) a preference for the hiring of any in- ployee of the Transportation Security Ad- dividual who is a former employee of an air ministration may, for purposes of performing designated in the report, shall be con- carrier and whose employment with the air a function transferred by this Act or the sidered read, debatable for the time carrier was terminated as a result of a reduc- amendments made by this Act, exercise all specified in the report, equally divided tion in the workforce of the air carrier.’’. authorities under any other provision of law and controlled by the proponent and an Page 16, lines 11 and 12, strike ‘‘Secure that were available with respect to the per- opponent, shall not be subject to Transportation for America Act of 2001’’ and formance of that function to the official re- amendment, and shall not be subject to insert ‘‘Airport Security Federalization Act sponsible for the performance of the function a demand for division of the question. of 2001’’. immediately before the effective date of the Page 16, line 20, strike ‘‘pursuant’’ and in- transfer of the function under this Act. b 1700 sert ‘‘pursuant to’’. (g) ACT DEFINED.—In this section, the term Page 19, line 22, strike ‘‘and’’. ‘‘Act’’ includes the amendments made by It is now in order to consider amend- Page 20, line 2, strike the period and insert this Act. ment No. 1 printed in House Report ‘‘; and’’ and the following: SEC. 19. BUDGET SUBMISSIONS. 107–264. (J) the ability to demonstrate daily a fit- The President’s budget submission for fis- AMENDMENT NO. 1 OFFERED BY MR. YOUNG OF ness for duty without any impairment due to cal year 2003 and each fiscal year thereafter ALASKA illegal drugs, sleep deprivation, medication, shall reflect the establishment of the Trans- Mr. YOUNG of Alaska. Mr. Chair- or alcohol. portation Security Administration. Page 21, line 14, strike ‘‘and’’. man, I offer an amendment. SEC. 20. AIRCRAFT OPERATIONS IN ENHANCED Page 21, line 20, strike the period and in- CLASS B AIRSPACE. The CHAIRMAN. The Clerk will des- sert a semicolon and the following: Notice to Airmen FDC 1/0618 issued by the ignate the amendment. ‘‘(5) require air carriers to provide, on a Federal Aviation Administration, and any The text of the amendment is as fol- space-available basis, to an off-duty Federal other regulation, order, or directive that re- lows: air marshal a seat on a flight to the airport stricts the ability of United States reg- Amendment No. 1 offered by Mr. YOUNG of nearest the marshal’s home at no cost to the istered aircraft to conduct operations under Alaska: marshal or the United States Government if part 91 of title 14, Code of Federal Regula- Page 1, line 6, strike ‘‘Secure Transpor- the marshal is traveling to that airport after tions, in enhanced class B airspace (as de- tation for America Act of 2001’’ and insert completing his or her security duties; and fined by such Notice), shall cease to be in ef- ‘‘Airport Security Federalization Act of ‘‘(6) provide, in choosing among applicants fect beginning on the 10th day following the 2001’’. for a position as a Federal air marshal, a date of enactment of this Act, unless the In the table of contents after line 8, strike preference for the hiring of a pilot of an air Secretary of Transportation publishes a no- the item relating to section 15 and insert the carrier whose employment with the air car- tice in the Federal Register before such 10th following: rier was terminated as a result of a reduc- day reimposing the restriction and explain- Sec. 15. Technical corrections. tion in the workforce of the air carrier if the ing the reasons for the restriction. Page 2, before line 9, insert the following: pilot is otherwise qualified for the position. SEC. 21. WAIVERS FOR CERTAIN ISOLATED COM- Page 22, line 3, after ‘‘consultation with’’ MUNITIES. TITLE I—AVIATION SECURITY insert ‘‘and concurrence of’’. (a) IN GENERAL.—In any case in which a re- Redesignate sections 2 through 22 of the Page 22, before line 10, insert the following: striction is imposed on an air carrier (as de- bill as sections 101 through 121, respectively. (c) BASIC PAY DEFINED.—Section 8331(3)(E) fined in section 40102 of title 49, United Conform the table of contents of the bill, of title 5, United States Code, is amended to States Code) for reasons of national security accordingly. read as follows: by any government agency, the Under Sec- Page 13, line 17, strike ‘‘(1) in subsection ‘‘(E) availability pay— retary of Transportation for Security may (a) by striking’’ and inserting the following: ‘‘(i) received by a criminal investigator grant a waiver from such restrictions for the (1) in subsection (a)— under section 5545a of this title; or carriage of cargo, mail, patients, and emer- (A) by striking ‘‘a cabin of’’; and ‘‘(ii) received after September 11, 2001, by a gency medical supplies (and associated per- (B) by striking Federal air marshal of the Department of sonnel) on flights to or from a community Page 14, line 2, strike ‘‘The responsibility’’ Transportation;’’. that is not accessible by road, or that is and insert the following: Page 24, line 1, strike ‘‘Provide’’ and insert more than 200 miles, from a hub airport (as ‘‘(1) IN GENERAL.—The responsibility ‘‘Establish performance goals for individuals defined in section 41731 of such title). Page 14, after line 8, insert the following: described in paragraph (6), provide’’. (b) REVIEW AND DISAPPROVAL.—Any grant ‘‘(2) ADDITIONAL SCREENING AUTHORITY.— Page 24, lines 2 and 3, strike ‘‘individuals of a waiver by the Under Secretary under The Under Secretary may perform any such described in paragraph (6)’’ and insert ‘‘such this section shall be subject to review and additional screening of passengers and prop- individuals,’’. disapproval by the Transportation Security erty on passenger aircraft in air transpor- Page 26, after line 2, insert the following: Oversight Board. tation that originates in the United States ‘‘(16) Establish a uniform system of identi- (c) LIMITATIONS.—The Board may impose or intrastate air transportation that the fication for all State and local law enforce- reasonable limitations on any waiver grant- Under Secretary deems necessary to enhance ment personnel for use in obtaining permis- ed under this section. aviation security. sion to carry weapons in aircraft cabins and SEC. 22. ASSESSMENTS OF THREATS TO AIR- Page 14, line 20, strike the closing in obtaining access to a secured area of an PORTS. quotation marks and the final period and in- airport. Section 44904 is amended by adding at the sert the following: ‘‘(17) Establish requirements under which end the following: ‘‘(g) DEPUTIZATION OF AIRPORT SCREENING air carriers, under the supervision of the ‘‘(d) PASSENGER VEHICLES.— PERSONNEL.—The Under Secretary shall dep- Under Secretary, could implement trusted ‘‘(1) THREAT ASSESSMENT.—An operator of utize, for enforcement of such Federal laws passenger programs and use available tech- an airport with scheduled passenger service, as the Under Secretary determines appro- nologies to expedite the security screening in consultation with appropriate State or priate, all airport screening personnel as of passengers who participate in such pro- local law enforcement authorities, may con- Federal transportation security agents and grams, thereby allowing security screening duct a threat assessment of the airport to shall ensure that such agents operate under personnel to focus on those passengers who determine whether passenger vehicles should common standards and common uniform, in- should be subject to more extensive screen- be permitted to park within 300 feet of the signia, and badges. The authority to arrest ing. airport terminal building. an individual may be exercised only by su- ‘‘(18) In consultation with the Commis- ‘‘(2) REMOVAL OF CERTAIN RESTRICTIONS.—If pervisory personnel who are sworn, full-time sioner of Food and Drugs, develop security the airport operator, after consultation with law enforcement officers.’’. procedures under which a medical product to the appropriate State or local law enforce- Page 15, after line 24, insert the following: be transported on a flight of an air carrier ment authorities, determines that safe- ‘‘(7) a requirement that any private secu- would not be subject to manual or x-ray in- guards are in place to sufficiently protect rity firm retained to provide airport security spection if conducting such an inspection public safety and so certifies, in writing, to services be owned and controlled by a citizen would irreversibly damage the product. the Secretary of Transportation, any rule, of the United States, to the extent that the ‘‘(19) Develop security procedures to allow order, or other directive of the Secretary President determines that there are firms passengers transporting a musical instru- prohibiting the parking of passenger vehicles owned and controlled by such citizens; ment on a flight of an air carrier to trans- within 300 feet of an airport terminal build- Page 16, line 1, strike ‘‘(7)’’ and insert port the instrument in the passenger cabin ing shall not apply to the terminal building ‘‘(8)’’. of the aircraft, notwithstanding any size or at such airport.’’. Page 16, line 2, strike ‘‘and’’. other restriction on carry-on baggage but The CHAIRMAN. No amendment is in Page 16, line 3, strike ‘‘(8)’’ and insert subject to such other reasonable terms and order except those printed in House Re- ‘‘(9)’’. conditions as may be established by the

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.047 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7657 Under Secretary or the air carrier, including funds appropriated pursuant to paragraph Air Transportation Safety and System Sta- imposing additional charges by the air car- (1), the Secretary shall require the operator bilization Act (Public Law 107–42) so as to rier. to provide assurances that the operator make war risk insurance available to ven- ‘‘(20) Provide for the use of wireless and will— dors, agents, and subcontractors of general wire line data technologies enabling the pri- ‘‘(A) meet with the tenants of the airport aviation aircraft. vate and secure communication of threats to (other than air carriers and foreign air car- (c) TRANSPORT OF ANIMALS.—It is the sense aid in the screening of passengers and other riers) to discuss adjustments of the rent of of Congress that an air carrier that trans- individuals on airport property who are iden- the tenants to account for losses in revenue ports mail under a contract with the United tified on any State or Federal security-re- incurred by the tenants on and after Sep- States Postal Service should transport any lated data base for the purpose of having an tember 11, 2001; and animal that the Postal Service allows to be integrated response coordination of various ‘‘(B) provide to the Secretary an itemized shipped through the mail. authorized airport security forces. list of costs incurred by the operator to com- (d) SCREENING.—It is the sense of Congress Page 26, strike line 19 and all that follows ply with the security requirements described that the Under Secretary of Transportation through line 7 on page 27 and insert the fol- in paragraph (1), including costs relating to for Security should require, as soon as prac- lowing: landing fees, automobile parking revenues, ticable, that all property carried in a pas- ‘‘(d) PROPERTY SECURITY PROGRAM.— rental cars, restaurants, and gift shops.’’. senger aircraft in air transportation or ‘‘(1) CHECKED BAGGAGE.— Page 36, line 9, strike ‘‘subsection (b)’’ and intrastate air transportation (including ‘‘(A) FINAL DEADLINE FOR SCREENING.—A insert ‘‘paragraph (2)’’. checked baggage) be screened by any cur- system must be in operation to screen all Page 39, lines 16 and 17, strike ‘‘Secure rently available means, including X-ray ma- checked baggage at all airports in the United Transportation for America Act of 2001’’ and chine, hand-held metal detector, explosive States no later than December 31, 2003. insert ‘‘Airport Security Federalization Act detection system equipment, or manual ‘‘(B) USE OF EXPLOSIVE DETECTION EQUIP- of 2001’’. search. MENT.—The Under Secretary shall ensure Page 43, line 22, after ‘‘sponsor’’ insert ‘‘or (e) CONTRACTS FOR AIRPORT SECURITY that explosive detection equipment installed at a privately owned or operated airport pas- SERVICES.—It is the sense of Congress that, at airports to screen checked baggage is used senger terminal financed by indebtedness in- in awarding a contract for airport security to the maximum extent possible. curred by the sponsor’’. services, the Under Secretary of Transpor- ‘‘(C) INSTALLATION OF ADDITIONAL EXPLO- Page 44, beginning on line 25, strike ‘‘Se- tation for Security should, to the maximum SIVE DETECTION EQUIPMENT.—The Under Sec- cure Transportation for America Act of 2001’’ extent practicable, award the contract to a retary shall install additional explosive de- and insert ‘‘Airport Security Federalization firm that is owned and controlled by a cit- tection equipment at airports as soon as pos- Act of 2001’’. izen of the United States. sible to ensure that all checked baggage is Page 45, after line 15, insert the following: TITLE II—VICTIMS COMPENSATION screened before being placed in an aircraft. (d) MAXIMUM AMOUNT OF COMPENSATION ‘‘(D) INTERIM BAG-MATCH PROGRAMS.—Until PAYABLE PER AIR CARRIER.—Section 103 of SEC. 201. LIMITATION ON LIABILITY FOR DAM- the Under Secretary has installed enough ex- such Act is amended by adding at the end AGES ARISING OUT OF CRASHES OF SEPTEMBER 11, 2001. plosive detection equipment at airports to the following: Section 408 of the Air Transportation Safe- ensure that all checked baggage is screened, ‘‘(d) COMPENSATION FOR AIR CARRIERS PRO- ty and System Stabilization Act (Public Law the Under Secretary shall require air car- VIDING AIR AMBULANCE SERVICES.— 107–42; 115 Stat. 240; 49 U.S.C. 40101 note) is riers to implement bag-match programs that ‘‘(1) SET-ASIDE.—The President may set amended— ensure that no checked baggage is placed in aside a portion of the amount of compensa- (1) by amending the section heading to an aircraft unless the passenger who checks tion payable to air carriers under section read as follows: the baggage is aboard the aircraft. 101(a)(2) to provide compensation to air car- ‘‘(2) CARGO DEADLINE.—A system must be in riers providing air ambulance services. The ‘‘SEC. 408. LIMITATION ON LIABILITY FOR DAM- operation to screen all cargo that is to be President shall reduce the $4,500,000,000 spec- AGES ARISING OUT OF CRASHES OF SEPTEMBER 11, 2001.’’; transported in passenger aircraft in air ified in subsection (b)(2)(A)(i) by the amount (2) by amending subsection (a) to read as transportation and intrastate air transpor- set aside under this subsection. follows: tation as soon as possible after the date of ‘‘(2) DISTRIBUTION OF AMOUNTS.—The Presi- ‘‘(a) GENERAL LIMITATION OF LIABILITY.— enactment of this paragraph. dent shall distribute the amount set aside Except as provided in this section, no Fed- Page 29, line 10, strike ‘‘and’’ and insert under this subsection proportionally among eral court or agency or State court or agen- the following: air carriers providing air ambulance services cy shall enforce any Federal or State law (2) by adding at the end of paragraph (1) based on an appropriate auditable measure, holding any person, or any State or political the following: as determined by the President.’’. subdivision thereof, liable for any damages ‘‘(G) BACKGROUND CHECKS OF CURRENT EM- At the end of the bill, add the following arising out of the hijacking and subsequent PLOYEES.—A background check (including a (and conform the table of contents of the bill crashes of American Airlines flights 11 or 77, criminal history record check and a review accordingly): of available law enforcement data bases and or United Airlines flights 93 or 175, on Sep- SEC. 122. REQUIREMENT TO HONOR PASSENGER tember 11, 2001.’’; records of other governmental and inter- TICKETS OF OTHER CARRIERS. (3) in subsection (b), by adding at the end national agencies) shall be required for any (a) IN GENERAL.—Subchapter I of chapter the following new paragraphs: individual who currently has unescorted ac- 417 is amended by adding at the end the fol- ‘‘(4) DAMAGES.—If any party to any action cess to an aircraft of an air carrier or foreign lowing: air carrier, unescorted access to a secured brought under this subsection is determined ‘‘§ 41722. Requirement to honor passenger area of an airport in the United States that to be liable— tickets of other carriers serves an air carrier or foreign air carrier, or ‘‘(A) no damages in the aggregate ordered is responsible for screening passengers or ‘‘Each air carrier that provides scheduled by the court to be paid by such party shall property, or both, unless that individual was air transportation on a route shall provide, exceed the amount of insurance, minus any subject to such a background check before to the extent practicable, air transportation payments made pursuant to a court approved the individual began his or her current em- to passengers ticketed for air transportation settlement, which such party is determined ployment or is exempted from such a check on that route by any other air carrier that to have obtained prior to September 11, 2001, under section 107.31(m) of title 14, Code of suspends, interrupts, or discontinues air pas- and which is determined to cover such par- Federal Regulations.’’; and senger service on the route by reason of an ty’s liability for any damages arising out of Page 29, line 11, strike ‘‘(2)’’ and insert act of war or terrorism or insolvency or the hijacking and subsequent crashes of ‘‘(3)’’. bankruptcy of the carrier.’’. American Airlines flights 11 or 77, or United Page 34, strike line 23 and all that follows (b) CONFORMING AMENDMENT.—The analysis Airlines flights 93 or 175, on September 11, through line 4 on page 35 and insert the fol- for such subchapter is amended by adding at 2001; lowing: the end the following: ‘‘(B) such party shall not be liable for in- ‘‘(c) AIRPORT SECURITY.— ‘‘41722. Requirement to honor passenger tick- terest prior to the judgment or for punitive ‘‘(1) IN GENERAL.—There is authorized to be ets of other carriers.’’. damages intended to punish or deter; and appropriated to the Secretary for fiscal years SEC. 123. SENSE OF CONGRESS ON CERTAIN ‘‘(C) the court shall reduce the amount of 2002 and 2003 a total of $1,500,000,000 to reim- AVIATION MATTERS. damages awarded to a plaintiff by the burse airport operators for direct costs in- (a) FLIGHT SERVICE STATION EMPLOYEES.— amount of collateral source compensation curred by such operators to comply with It is the sense of Congress that the Adminis- that the plaintiff has received or is entitled new, additional, or revised security require- trator of the Federal Aviation Administra- to receive as a result of the terrorist-related ments imposed on such operators by the Fed- tion should continue negotiating in good aircraft crashes of September 11, 2001. eral Aviation Administration or Transpor- faith with flight service station employees of ‘‘(5) ATTORNEYS’ FEES.—Reasonable attor- tation Security Administration on or after the Administration with a goal of reaching neys’ fees for work performed in any action September 11, 2001. Such sums shall remain agreement on a contract as soon as possible. brought under this subsection shall be sub- available until expended. (b) WAR RISK INSURANCE.—It is the sense of ject to the discretion of the court, but in no ‘‘(2) CONDITIONS.—Before providing finan- Congress that the Secretary of Transpor- event shall any attorney charge, demand, re- cial assistance to an airport operator with tation should implement section 202 of the ceive, or collect for services rendered, fees in

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.048 pfrm01 PsN: H01PT2 H7658 CONGRESSIONAL RECORD — HOUSE November 1, 2001 excess of 20 percent of the damages ordered The amendment strengthens existing ciary. They have nothing to do with se- by the court to be paid pursuant to this sub- language in the bill on the screeners curity; and, therefore, the manager’s section, or in excess of 20 percent of any who check baggage and sets a deadline amendment ought to be defeated. court approved settlement made of any for screening of all baggage for Decem- Mr. YOUNG of Alaska. Mr. Chair- claim cognizable under this subsection. Any man, I yield 3 minutes to the gen- attorney who charges, demands, receives, or ber 31, 2003. collects for services rendered in connection The amendment addresses compensa- tleman from Wisconsin (Mr. SENSEN- with such claim any amount in excess of tion for air marshals and ensures that BRENNER), the chairman of the Com- that allowed under this subsection, if recov- they will be able to travel back to their mittee on the Judiciary. ery be had, shall be fined not more than homes without charge when they leave Mr. SENSENBRENNER. Mr. Chair- $2,000 or imprisoned not more than one year, active duty status. man, I am a bit puzzled hearing my col- or both.’’; This is a good amendment. This league on the Committee on the Judi- (4) by amending subsection (c) to read as amendment has been discussed and ciary, the gentleman from Virginia follows: greatly improves the bill. (Mr. SCOTT), say that this bill ought to ‘‘(c) EXCLUSION.—Nothing in this section Mr. Chairman, I reserve the balance be delayed so that the Committee on shall in any way limit any liability of any of my time. person who— the Judiciary can consider contingent ‘‘(1) hijacks any aircraft or commits any Mr. OBERSTAR. Mr. Chairman, I liability issues. We have heard from terrorist act; or claim the time in opposition to the the other side again and again that we ‘‘(2) knowingly participates in a conspiracy amendment. ought to send the substitute amend- to hijack any aircraft or commit any ter- The CHAIRMAN. The gentleman ment to the President tonight so that rorist act.’’; and from Minnesota is recognized for 10 the people can have protection, and yet (5) by adding at the end the following new minutes. my colleague from the Committee on subsections: Mr. OBERSTAR. Mr. Chairman, I the Judiciary wants us to spend some ‘‘(d) DISCLAIMER.—Nothing herein implies yield 2 minutes to the distinguished time looking at contingent liability that any person is liable for damages arising gentleman from Virginia (Mr. SCOTT), a out of the hijacking and subsequent crashes member of the Committee on the Judi- provisions. of American Airlines flights 11 or 77, or The manager’s amendment is impor- ciary. United Airlines flights 93 or 175, on Sep- tant to complete the job we failed to do tember 11, 2001. Mr. SCOTT. Mr. Chairman, I thank the gentleman for yielding me time. in passing the airline liability bill. ‘‘(e) STATE DEFINED.—In this section, the That bill capped air carriers’ liability term ‘State’ means any State of the United I would like to speak very briefly on States, the District of Columbia, the Com- the victims’ compensation portion of at the limit of their insurance, so we monwealth of Puerto Rico, the Northern the amendment, better titled ‘‘Limits have protected United Airlines and Mariana Islands, the United States Virgin Is- on Victims’ Compensation.’’ This li- American Airlines and the security lands, Guam, American Samoa, and any ability section includes a lot of tort re- firms that screened the passengers that other territory of possession of the United form provisions not considered by the got on the planes that were hijacked, States or any political subdivision of any of Committee on the Judiciary, and there which have been included in the defini- the foregoing.’’. tion of air carriers by two Federal The CHAIRMAN. Pursuant to House are a number of unanswered questions Court decisions; but we did not give the Resolution 274, the gentleman from that hopefully would be resolved had it same type of contingent liability pro- Alaska (Mr. YOUNG) and a Member op- been considered by the Committee on tection to Boeing, the manufacturer of posed each will control 10 minutes. the Judiciary. the plane, to Pratt and Whitney and The Chair recognizes the gentleman For example, to qualify for relief, and General Electric, the manufacturers of from Alaska (Mr. YOUNG). that is it limits loss to insurance cov- Mr. YOUNG of Alaska. Mr. Chair- erage, to qualify for that kind of relief the engines, the Port Authority of New man, I yield myself such time as I may from liability, the defendant must York and New Jersey, which is a quasi- consume. show the damages arise out of the hi- public corporation, the lessee of the Mr. Chairman, I do not know why I jacking and subsequent crashes on Sep- World Trade Center, the fire depart- should read this explanation, it was tember 11. The question, of course, is ment and police departments of the read before, if anybody was listening; what does ‘‘arise out of’’ mean? City of New York, and anybody else but the manager’s amendment consists If you are in a breach-of-contract that might have contingent liability. of a number of provisions that Mem- suit in state court in California and al- What the manager’s amendment pro- bers have requested in order to improve leging that the goods were not deliv- vision does is to close the loop. If we do our bill. ered or were slow to deliver and that not close the loop, none of the entities Some of these amendments clarify might have been caused by the Sep- I have talked about, particularly the existing language in the bill to ensure tember 11 crash and the subsequent private sector entities, are going to be that we truly have a better system of failure of people to move, does that able to borrow money. So unless the security for the traveling public. Oth- count as arising out of the crashes? manager’s amendment is passed, you ers are intended to provide additional Why should we reward people for not are not going to be able to see Boeing assistance to those who suffered sub- having insurance? If two cases are and General Electric and Pratt and stantial increased costs due to Federal identical and one person has insurance, Whitney and the wallboard manufac- security mandates since September 11. they can recover. In the next case, the turer of the walls in the 105th floor of We change the title of the bill to bet- person does not have insurance or is the World Trade Center be able to keep ter reflect the fact that this bill fed- self-insured, no recovery. That is obvi- themselves in business, because no eralizes the airport screening process, ously not fair. bank will lend them money because of and want to make that clear. How do deductibles work? If you have contingent liability issues. The new title of this bill is ‘‘Airport $1 million coverage and $10,000 deduct- So if the manager’s amendment goes Security Federalization Act.’’ ible, what happens to a $9,000 claim? Do down because of the arguments the The manager’s amendment provides you lose it because it is not covered by gentleman from Virginia (Mr. SCOTT) much-needed assistance to airports to insurance? When we had the airline re- has advanced, then I guess American meet their increased security expenses lief bill, we provided specific help to airlines, and that is small ‘‘a’’ Amer- by authorizing $1.5 billion to cover in- specific defendants, knowing the kinds ican airlines, not the corporation, are creased security costs into FY 2003. of cases; and we knew their insurance going to be flying Air Buses with Rolls The amendment authorizes the Under coverage. That is not the case here. Royce engines simply because we are Secretary to deputize screeners as Fed- There are other provisions, like the not going to have American manufac- eral transportation security agents and attorney’s fees provision where you as- turers in the international civil avia- ensure that such agents operate under sume that the person is charging a con- tion market. common standards, badges, uniforms, tingent percentage fee. They may be This provision of the manager’s and insignias. charging a flat fee. Also the collateral amendment is strongly endorsed both We increase the requirements for ret- source rules. by Governor Pataki and Mayor roactive background checks for screen- These provisions have not been con- Giuliani, who feel it is necessary to ers and airport employees. sidered by the Committee on the Judi- protect the State, the city, and the

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.048 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7659 Port Authority from lawsuits; and I Mr. BALDACCI. Mr. Chairman, I of the Committee on Transportation think that this is reasonable, to give would like to thank the ranking mem- and Infrastructure for allowing us this corporations and entities besides the ber for yielding me time and also for debate on this very important issue. airlines the same type of protection the leadership he has shown on this I would have preferred standing in that we gave air carriers in the airline very important issue. this well 3 weeks ago, 4 weeks ago, al- liability bill. As a member of the Subcommittee on most a month ago. I would have pre- The manager’s amendment should be Aviation, it became very apparent to ferred not standing at all, or having to passed. I thank the gentleman from all of us that we are lacking in this deliberate on this legislation and or Alaska for including it in his amend- particular area. This is not a question having to reflect on September 11, 2001. ment. of more Federal employees or less Fed- But we are here today because that Mr. OBERSTAR. Mr. Chairman, I eral employees or private contractors. tragedy occurred. As I mentioned to yield 2 minutes to the distinguished There is a problem in the system. the distinguished gentleman from Min- REEN gentleman from Texas (Mr. G ). The argument that was advanced ear- nesota (Mr. OBERSTAR), we are also Mr. GREEN of Texas. Mr. Chairman, lier was, well, because there is a prob- here because Pan Am 103 occurred De- I thank the ranking member for yield- lem of communication of Federal law cember 1988. A plane full of happy indi- ing me time. enforcement agencies, we do not want Mr. Chairman, I rise in opposition to viduals leaving the European con- to add to that problem of Federal co- the so-called airport security bill that tinent, coming home for the holidays, my Republican colleagues have finally ordination of law enforcement agen- flight attendants, pilots, families, stu- brought to the floor, and support the cies. I totally reject that. If we are dents, all looking forward to the Oberstar-Ganske bipartisan substitute. going to be able to make sure that the Christmas holiday. screeners on the front lines of security This bill is weeks late. In ignoring the b 1715 bipartisan efforts of our colleagues in have the latest information about ter- rorists and suspected terrorists, they And over Lockerbie, Scotland, that the Senate, we are delaying the much- plane blew up because of a bomb placed needed restructuring of our Nation’s need to be Federal employees, Federal in an unsecured checked bag. If we do airport security. We are continuing the law enforcement personnel, so they anything today, we should pass this risk for the American flying public by have the information from the Justice bill so that it could be on the Presi- simply going to conference committee Department which this legislation au- dent’s desk this evening. The reason is, for we do not know how long. thorizes the Attorney General to be We have seen the results of not tak- able to promulgate the rules and regu- for once in this Nation, for the first ing security at our airports seriously. lations. They need to be in the Federal time, we will be able to tell the Amer- Since the terrorist attacks of Sep- loop. The appointment of Tom Ridge as ican people that every single bag that tember 11, security has been increased Homeland Security Czar was meant to gets on the airplane, checked luggage, at airports across America; but we demand that coordination. We should will be screened and analyzed. We will need to professionalize it. not accept anything else but coordina- have Federal air marshals; and rather We continue to hear reports of pas- tion of the FBI, the intelligence agen- than a paper-thin cockpit door, we will sengers carrying weapons on planes, cies, and all Federal law enforcement. have an enforced cockpit door. We will convicted felons serving as security The other issue that needs to be fed- also have the ability to say ‘‘no room screeners, and unauthorized personnel eralized is the uniform security. Dif- at the inn’’ for anyone who comes in being allowed access to secure areas. It ferent airlines in our hearings had dif- with a $25,000 check and says, I want to is time for the Federal Government to ferent procedures what to look at. One be a pilot in the United States of step in. We have resources that neither looks at this, one looks at something America, and we do not know their the air carriers nor the current secu- else. We need uniform Federal stand- background or why they came here to rity contractors possess. We need Fed- ards, and we need to advance and up- this country. eral air marshals, expanded anti-hi- grade these positions if we are going to There are many tragic things that happened jacking training for flight crews, for- encourage the public to fly again and on September 11, 2001. Our borders were not tified cockpit doors, X-ray inspection feel the security of flying again. as secure as they should have been. We did of all carry-on and checked bags. This is not a question of more Fed- not have the tracking ability to track those who It is clear that the current system of eral employees or private contractors. came in legally, but over stayed their visas; contracting out this law enforcement It is based on the hearings the sub- and then we did not have reenforced cockpit function to the lowest bidder has cre- committee held, the testimony that doors. But we must do the right thing today ated a workforce that suffers from high was taken. There are gaping holes in and correct what we can do today—federalize turnover, low pay and low morale. Con- the system. airline security. Do what the American people gress should take this opportunity to This has been approved overwhelm- deserve—provider security for the airlines to create a professional, highly skilled, ingly in the Senate, bipartisanly, and provide safe airways for the American people well-trained Federal law enforcement bipartisanly in this Congress. I totally now! workforce. reject the arguments that are being Mr. YOUNG of Alaska. Mr. Chair- We do not want to privatize our Cap- made that it can be done better with man, I yield 2 minutes to the gen- itol Police, the U.S. Customs, the FBI, tleman from North Carolina (Mr. or the Border Patrol. They are law en- what we have now in dressing it up. BALLENGER). forcement; and that is what law en- Mr. Chairman, I ask my colleagues to (Mr. BALLENGER asked and was given forcement functions are, and that is stand together, to unite around this permission to revise and extend his re- what this is. legislation and to get them into the To close, the comments that the only airports where they belong. marks.) thing Democrats want to do is use Fed- Mr. OBERSTAR. Mr. Chairman, I Mr. BALLENGER. Mr. Chairman, eral employees so they can be union yield 2 minutes to the distinguished lack of experience in times of decision members, I could not have heard it bet- gentlewoman from Texas (Ms. JACK- can easily lead to mistakes. I would ter yesterday from airline pilot that SON-LEE). imagine that the largest number of em- said the heroes of September 11 were (Ms. JACKSON-LEE of Texas asked ployees most Members of Congress union members: the airline pilots, the and was given permission to revise and have ever employed is their staff here flight attendants, the New York police extend her remarks.) in Washington and back in their dis- and firefighters. A free and strong Ms. JACKSON-LEE of Texas. Mr. tricts. As employers, Members of Con- union movement is vital to our Nation, Chairman, I thank the gentleman very gress are called on to make hiring, fir- if it is a public and police function at much for yielding. I was discussing ear- ing and fringe benefit decisions for our airports. lier today that this is not a time to their staffs. They are involved in hir- I urge my colleagues to vote now for cast any doubt or any suggestion on ing, firing, evaluating, and eliminating the safety of the American public. the honesty and integrity of individ- weak or unsatisfactory employees. Mr. OBERSTAR. Mr. Chairman, I uals who have come to this floor with These decisions can be made without yield 2 minutes to the gentleman from different opinions. But I want to government advice or instructional Maine (Mr. BALDACCI). thank, as I said earlier, the leadership guidelines.

VerDate 13-OCT-2001 00:21 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.118 pfrm02 PsN: H01PT2 H7660 CONGRESSIONAL RECORD — HOUSE November 1, 2001 Now, let us just imagine that we fed- Mr. YOUNG of Alaska. Mr. Chair- have to have been a national of the eralize all congressional employees. man, I yield 1 minute to the gentleman United States as defined in section They would immediately gain all the from Florida (Mr. MICA). 1012(22) of the Immigration and Nation- benefits of civil service, which would Mr. MICA. Mr. Chairman, again, I ality Act contained in U.S.C. 1101(a)(22) then require us to hire, pay, and ad- will try to set the record straight. The for a minimum of 5 consecutive years. vance employees according to govern- gentleman from Maine who spoke ear- Now, I would ask, has anybody ment regulations; and by the way, we lier talked about the need to establish looked up that section to see exactly could not fire them without a major some type of an exchange of informa- what that provides? just-cause hearing, which we would tion; and it is true, the Senate bill does Mr. Chairman, that provides that in probably lose. Everything would have establish that. However, it does not many instances that a citizen is de- to be done according to prescribed provide that the information go to the fined as a national in that section, that rules. In other words, we would no airlines. The airlines are the only ones we may be setting up a system of sec- longer control the operation of our of- that have the passenger list. In their ond-class citizens. This is clearly fices, good or bad. haste to pass this legislation, the other wrong. It is nowhere in the United In the case of a Member, we are talk- body left out the provision to require a States Code, and it should not be toler- ing about 15 or 20 employees; but sup- passenger list from foreign carriers; ated by this House. pose we are talking about Federal avia- and in today’s paper, it looks like ANNOUNCEMENT BY THE CHAIRMAN tion safety. We are talking about 31,000 those in the other body are trying to The CHAIRMAN. The Chair would re- employees who deem their jobs by gov- correct that deficiency. mind Members in regard to references ernment hiring and would not have to The gentlewoman from Texas talked to the other body that the Chair pre- be efficient, polite or qualified. Under about cockpit doors and air marshals. vious admonitions are still valid. the control of the FAA, the Justice De- The President has already ordered Mr. YOUNG of Alaska. Mr. Chair- partment or whatever agency, can we that. That is under way; it is in all of man, I yield myself the remaining imagine how long it would take to get the pieces of legislation. In fact, the time. such an operation started? Probably a cockpit doors, Secretary Mineta told I hope people are listening to what year or two. Does that sound about me, in all major aircraft will be in by the gentleman from Florida (Mr. SHAW) had to say. We are setting up an uncon- right? November 7 and air marshals are being stitutional thing of two-tiered citi- Stop and think about how efficient put in place every day. any government operation is. Can we Mr. OBERSTAR. Mr. Chairman, I zenry. I hope we understand what that replace the FAA or the INS or Internal yield 1 minute to the distinguished does. It means one can be a citizen, but one cannot work unless they have been Revenue Service or even change their gentlewoman from Ohio (Mrs. JONES). a citizen for 5 years. They have already operating system when it becomes out (Mrs. JONES of Ohio asked and was of date? We tried, but to no avail. Re- given permission to revise and extend gone through the process and held up member the reduction to government her remarks.) their hand, but they cannot work under employees under President Clinton? Mrs. JONES of Ohio. Mr. Chairman, I that bill. Mr. Chairman, I urge the passage of Those reductions were nearly all would like to thank the gentleman my bill. It is appropriate. It is the Armed Forces. He could not touch ci- from Minnesota (Mr. OBERSTAR) and right thing to do. It makes the original vilian employees. his colleague for offering the Senate bill, the base bill, better. It is a bill By the way, over 40 of the Senators bill. I rise in support of it. who voted for the Senate version now that, as I say, should be passed. Unlike some of my colleagues, I have Mr. Chairman, I yield back the bal- confess they would never have sup- overseen more than 300 employees and ported it if their leadership had given ance of my time. many of them were law enforcement of- Mr. OBERSTAR. Mr. Chairman, I them another choice. ficers. Unlike many of my colleagues, Vote to allow private airport secu- yield myself the remaining time. my father worked for the airlines, my rity operation overseen by the Federal In response to the last commentary sister works for the airlines, my niece Government. Vote for President Bush’s about the provision referring to citi- works for the airlines, my brother-in- choice. zenship, there are two types of nation- law works for the airlines; and this bill ANNOUNCEMENT BY THE CHAIRMAN als: citizens of the United States who is very important to my family and the The CHAIRMAN. Once again, the are both citizens and nationals, and na- American public. Chair would remind Members not to tionals of American Samoa and Swains I rise because I believe that airline speculate on the intent of Members of Island, who owe an allegiance to the security must be an honorable posi- the other body. United States. The term ‘‘national’’ Mr. OBERSTAR. Mr. Chairman, tion, just like police officers, just like does not encompass aliens. It is in- could the Chair enlighten us on the fire marshals, just like everyone else tended to be broad to encompass those time remaining? who does a law enforcement job. Let us I have just mentioned. The CHAIRMAN. The gentleman elevate them to the level of honor that Now, our substitute, which the gen- from Minnesota (Mr. OBERSTAR) has 2 they deserve so that the American peo- tleman from Iowa (Mr. GANSKE) and I minutes remaining, and the gentleman ple will believe that their safety is cov- offered on a bipartisan basis, has been ered. Let us elevate them to the posi- from Alaska (Mr. YOUNG) has 31⁄2 min- characterized as being disruptive, cre- utes remaining. tion of a Federal employee doing a law ates a disruptive transition. But the Mr. OBERSTAR. And under the pro- enforcement job with law enforcement maximum disruptive transition is right cedure of the House, does our side have equipment and honored by this Na- here in the manager’s substitute pro- the right to close? tion’s public. viding that any private security firm The CHAIRMAN. That is correct. Mr. Chairman, I rise in support of the be owned and controlled by a citizen of PARLIAMENTARY INQUIRY legislation. the United States to the extent the Mr. YOUNG of Alaska. Mr. Chair- Mr. YOUNG of Alaska. Mr. Chair- President determines that their firm is man, I have a parliamentary inquiry. man, I yield 1 minute to the gentleman owned and controlled by such citizens. The CHAIRMAN. The gentleman will from Florida (Mr. SHAW). That is going to create a huge disrup- state it. Mr. SHAW. Mr. Chairman, I thank tion of having to terminate all the con- Mr. YOUNG of Alaska. Mr. Chair- the gentleman for yielding this time to tracts that now exist, because they are man, I thought the one who offers the me. controlled by a foreign company. amendment has the right to close. I want to use this time to point out The CHAIRMAN. All time has ex- The CHAIRMAN. The gentleman nor- one area of the Senate bill which will pired. mally would be correct; but under this soon be offered as a substitute which I The question is on the amendment particular amendment, under clause feel to be somewhat incredible, and I offered by the gentleman from Alaska 3(c) of rule XVII, the minority manager would doubt that the Members on the (Mr. YOUNG). has the right to close. other side are really, really aware of The question was taken; and the Mr. OBERSTAR. Mr. Chairman, I re- its inclusions. One of the provisions in Chairman announced that the ayes ap- serve the balance of my time. that bill requires that the screener will peared to have it.

VerDate 13-OCT-2001 00:24 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.120 pfrm02 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7661

RECORDED VOTE Clay Kanjorski Pastor Strike all after the enacting clause and in- Clayton Kaptur Paul sert the following: Mr. OBERSTAR. Mr. Chairman, I de- Clement Kennedy (RI) Payne mand a recorded vote. Clyburn Kildee Pelosi SECTION 1. SHORT TITLE; TABLE OF CONTENTS. A recorded vote was ordered. Condit Kilpatrick Phelps (a) SHORT TITLE.—This Act may be cited as The vote was taken by electronic de- Conyers Kind (WI) Pomeroy the ‘‘Aviation Security Act’’. Costello Kleczka Price (NC) (b) TABLE OF CONTENTS.—The table of con- vice, and there were—ayes 223, noes 202, Coyne Kucinich Rahall tents for this Act is as follows: not voting 7, as follows: Crowley LaFalce Ramstad Cummings Lampson Rangel Sec. 1. Short title; table of contents. [Roll No. 421] Davis (CA) Langevin Reyes TITLE I—AVIATION SECURITY AYES—223 Davis (FL) Lantos Rivers Sec. 101. Findings. Davis (IL) Larson (CT) Rodriguez Aderholt Green (WI) Peterson (PA) DeFazio Leach Roemer Sec. 102. Transportation security function. Akin Greenwood Petri DeGette Lee Ross Sec. 103. Aviation Security Coordination Armey Grucci Pickering Delahunt Levin Rothman Council. Bachus Gutknecht Pitts DeLauro Lewis (GA) Roybal-Allard Sec. 104. Improved flight deck integrity Baker Hall (TX) Platts Deutsch Lipinski Rush Barr Hansen Pombo measures. Dingell Lofgren Sabo Bartlett Harman Portman Sec. 105. Deployment of Federal air mar- Doggett Lowey Sanchez Barton Hart Pryce (OH) shals. Dooley Luther Sanders Bass Hastings (WA) Putnam Doyle Lynch Sandlin Sec. 106. Improved airport perimeter access Bereuter Hayes Quinn Edwards Maloney (CT) Sawyer security. Biggert Hayworth Radanovich Engel Maloney (NY) Schakowsky Sec. 107. Enhanced anti-hijacking training Bilirakis Hefley Regula Eshoo Markey Schiff for flight crews. Blunt Herger Rehberg Etheridge Mascara Scott Boehlert Hilleary Reynolds Sec. 108. Passenger and property screening. Evans Matheson Serrano Boehner Hobson Riley Sec. 109. Training and employment of secu- Farr Matsui Sherman Bonilla Hoekstra Rogers (KY) rity screening personnel. Filner McCarthy (MO) Shows Bono Horn Rogers (MI) Sec. 110. Research and development. Flake McCarthy (NY) Skelton Brady (TX) Hostettler Rohrabacher Ford McCollum Slaughter Sec. 111. Flight school security. Brown (SC) Houghton Ros-Lehtinen Frank McDermott Smith (WA) Sec. 112. Report to Congress on security. Bryant Hulshof Roukema Frost McGovern Snyder Sec. 113. General aviation and air charters. Burr Hunter Royce Ganske McIntyre Solis Sec. 114. Increased penalties for interference Burton Hyde Ryan (WI) Gephardt McKinney Spratt Buyer Inslee Ryun (KS) with security personnel. Gonzalez McNulty Stark Callahan Isakson Saxton Sec. 115. Security-related study by FAA. Gordon Meehan Stenholm Calvert Issa Schaffer Sec. 116. Air transportation arrangements in Green (TX) Meek (FL) Strickland Camp Istook Schrock Gutierrez Meeks (NY) Stupak certain States. Cannon Jenkins Sensenbrenner Hall (OH) Menendez Tanner Sec. 117. Airline computer reservation sys- Cantor John Sessions Hastings (FL) Millender- Tauscher tems. Capito Johnson (CT) Shadegg Hill McDonald Thompson (CA) Sec. 118. Security funding. Castle Johnson (IL) Shaw Hilliard Miller, George Thurman Chabot Johnson, Sam Shays Sec. 119. Increased funding flexibility for Hinchey Mink Tierney Chambliss Jones (NC) Sherwood aviation security. Hinojosa Mollohan Towns Coble Keller Shimkus Sec. 120. Authorization of funds for reim- Hoeffel Moore Turner Collins Kelly Shuster bursement of airports for secu- Holden Moran (VA) Udall (CO) Combest Kennedy (MN) Simmons Holt Morella Udall (NM) rity mandates. Cooksey Kerns Simpson Honda Murtha Velazquez Sec. 121. Encouraging airline employees to Cox King (NY) Skeen Hooley Nadler Visclosky report suspicious activities. Cramer Kingston Smith (MI) Hoyer Napolitano Waters Sec. 122. Less-than-lethal weaponry for Crane Kirk Smith (NJ) Israel Neal Watson (CA) Crenshaw Knollenberg Smith (TX) flight deck crews. Jackson (IL) Oberstar Waxman Culberson Kolbe Souder Sec. 123. Mail and freight waivers. Jackson-Lee Obey Weiner Cunningham LaHood Stearns Sec. 124. Safety and security of on-board (TX) Olver Wexler Davis, Jo Ann Largent Stump Jefferson Owens Woolsey supplies. Davis, Tom Larsen (WA) Sununu Johnson, E. B. Pallone Wu Sec. 125. Flight deck security Deal Latham Sweeney Jones (OH) Pascrell Wynn Sec. 126. Amendments to airmen registry DeLay LaTourette Tancredo authority. DeMint Lewis (CA) Tauzin NOT VOTING—7 Diaz-Balart Lewis (KY) Taylor (MS) Sec. 127. Results-based management. Ballenger Dunn Watt (NC) Dicks Linder Taylor (NC) Sec. 128. Use of facilities. Berkley Fattah Doolittle LoBiondo Terry Sec. 129. Report on national air space re- Cubin Thompson (MS) Dreier Lucas (KY) Thomas strictions put in place after ter- Duncan Lucas (OK) Thornberry b 1746 rorist attacks that remain in Ehlers Manzullo Thune Mr. TAYLOR of Mississippi and Ms. place. Ehrlich McCrery Tiahrt Sec. 130. Voluntary provision of emergency Emerson McHugh Tiberi HARMAN changed their votes from services during commercial English McInnis Toomey ‘‘no’’ to ‘‘aye.’’ Everett McKeon Traficant flights. Ferguson Mica Upton Mr. ISRAEL changed his vote from Sec. 131. Enhanced security for aircraft. Fletcher Miller, Dan Vitter ‘‘aye’’ to ‘‘no.’’ Sec. 132. Implementation of certain detec- Foley Miller, Gary Walden So the amendment was agreed to. tion technologies. Forbes Miller, Jeff Walsh The result of the vote was announced Sec. 133. Report on new responsibilities of Fossella Moran (KS) Wamp as above recorded. the Department of Justice for Frelinghuysen Myrick Watkins (OK) aviation security. Gallegly Nethercutt Watts (OK) Stated for: Gekas Ney Weldon (FL) Mr. BALLENGER. Mr. Chairman, on rollcall Sec. 134. Definitions. Gibbons Northup Weldon (PA) No. 421, I am not recorded. Had I been TITLE II—DEPLOYMENT AND USE OF Gilchrest Norwood Weller present, I would have voted ‘‘aye.’’ SECURITY TECHNOLOGIES Gillmor Nussle Whitfield The CHAIRMAN. It is now in order to Gilman Ortiz Wicker Subtitle A—Expanded Deployment and Utili- Goode Osborne Wilson consider amendment No. 2 printed in zation of Current Security Technologies Goodlatte Ose Wolf House Report 107–264. and Procedures Goss Otter Young (AK) AMENDMENT NO. 2 IN THE NATURE OF A Sec. 201. Expanded deployment and utiliza- Graham Oxley Young (FL) SUBSTITUTE OFFERED BY MR. OBERSTAR tion of current security tech- Granger Pence Graves Peterson (MN) Mr. OBERSTAR. Mr. Chairman, I nologies and procedures. offer an amendment in the nature of a Subtitle B—Short-Term Assessment and De- NOES—202 substitute. ployment of Emerging Security Tech- Abercrombie Becerra Boucher The CHAIRMAN: The Clerk will des- nologies and Procedures Ackerman Bentsen Boyd Allen Berman Brady (PA) ignate the amendment in the nature of Sec. 211. Short-term assessment and deploy- Andrews Berry Brown (FL) a substitute. ment of emerging security Baca Bishop Brown (OH) The text of the amendment in the na- technologies and procedures. Baird Blagojevich Capps ture of a substitute is as follows: Subtitle C—Research and Development of Baldacci Blumenauer Capuano Aviation Security Technology Baldwin Bonior Cardin Amendment in the nature of a substitute Barcia Borski Carson (IN) printed in House Report No. 107–264 offered Sec. 221. Research and development of avia- Barrett Boswell Carson (OK) by Mr. OBERSTAR of Minnesota: tion security technology.

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0655 E:\CR\FM\K01NO7.127 pfrm01 PsN: H01PT2 H7662 CONGRESSIONAL RECORD — HOUSE November 1, 2001 TITLE I—AVIATION SECURITY ‘‘(A) To coordinate domestic transpor- ‘‘(7) to evaluate such additional measures SEC. 101. FINDINGS. tation during a national emergency, includ- as may be appropriate to enhance physical The Congress finds the following: ing aviation, rail, and other surface trans- inspection of passengers, luggage, and (1) The safety and security of the civil air portation, and maritime transportation (in- cargo.’’. transportation system is critical to the cluding port security). (d) TRANSITION.—Until the Deputy Sec- United States’ security and its national de- ‘‘(B) To coordinate and oversee during a retary for Transportation Security takes of- fense. national emergency the transportation-re- fice, the functions of the Deputy Secretary (2) A safe and secure United States civil air lated responsibilities of other departments that relate to aviation security shall be car- transportation system is essential to the and agencies of the Federal Government ried out by the Assistant Administrator for Civil Aviation Security of the Federal Avia- basic freedom of Americans to move in intra- other than the Department of Defense and tion Administration. state, interstate, and international transpor- the military departments. tation. ‘‘(C) To establish uniform national stand- SEC. 103. AVIATION SECURITY COORDINATION COUNCIL. (3) The terrorist hijackings and crashes of ards and practices for transportation during a national emergency. (a) IN GENERAL.—Section 44911 of title 49, passenger aircraft on September 11, 2001, ‘‘(D) To coordinate and provide notice to United States Code, is amended by adding at converting civil aircraft into guided bombs other departments and agencies of the Fed- the end the following: for strikes against civilian and military tar- eral Government, and appropriate agencies ‘‘(f) AVIATION SECURITY COORDINATION gets requires the United States to change of State and local governments, including COUNCIL.— fundamentally the way it approaches the departments and agencies for transportation, ‘‘(1) IN GENERAL.—There is established an task of ensuring the safety and security of law enforcement, and border control, about Aviation Security Coordination Council. the civil air transportation system. threats to transportation during a national ‘‘(2) FUNCTION.—The Council shall work (4) The existing fragmentation of responsi- emergency. with the intelligence community to coordi- bility for that safety and security among ‘‘(E) To carry out such other duties, and nate intelligence, security, and criminal en- government agencies and between govern- exercise such other powers, relating to trans- forcement activities affecting the safety and ment and nongovernment entities is ineffi- portation during a national emergency as security of aviation at all United States air- cient and unacceptable in light of the hijack- the Secretary of Transportation shall pre- ports and air navigation facilities involved ings and crashes on September 11, 2001. scribe. in air transportation or intrastate air trans- (5) The General Accounting Office has rec- ‘‘(4) RELATIONSHIP TO OTHER TRANSPOR- portation. ommended that security functions and secu- TATION AUTHORITY.—The authority of the ‘‘(3) CHAIR.—The Council shall be chaired rity personnel at United States airports Deputy Secretary under paragraph (3) to co- by the Secretary of Transportation or the should become a Federal government respon- ordinate and oversee transportation and Secretary’s designee. sibility. transportation-related responsibilities dur- ‘‘(4) MEMBERSHIP.—The members of the (6) Although the number of Federal air ing a national emergency shall not supersede Council are: marshals is classified, their presence on both the authority of any other department or ‘‘(A) The Secretary of Transportation, or international and domestic flights would agency of the Federal Government under law the Secretary’s designee. have a deterrent effect on hijacking and with respect to transportation or transpor- ‘‘(B) The Attorney General, or the Attor- would further bolster public confidence in tation-related matters, whether or not dur- ney General’s designee. the safety of air travel. ing a national emergency. ‘‘(C) The Secretary of Defense, or the Sec- (7) The effectiveness of existing security ‘‘(5) ANNUAL REPORT.—The Deputy Sec- retary’s designee. measures, including employee background retary shall submit to the Congress on an an- ‘‘(D) The Secretary of the Treasury, or the checks and passenger pre-screening, is im- nual basis a report on the activities of the Secretary’s designee. paired because of the inaccessibility of, or Deputy Secretary under paragraph (3) during ‘‘(E) The Director of the Central Intel- the failure to share information among, data the preceding year. ligence Agency, or the Director’s designee. bases maintained by different Federal and ‘‘(6) NATIONAL EMERGENCY.—The Secretary ‘‘(F) The head, or an officer or employee international agencies for criminal behavior of Transportation shall prescribe the cir- designated by the head, of any other Federal or pertinent intelligence information. cumstances constituting a national emer- agency the participation of which is deter- SEC. 102. TRANSPORTATION SECURITY FUNC- gency for purposes of paragraph (3).’’. mined by the Secretary of Transportation, in TION. (b) ATTORNEY GENERAL RESPONSIBILITIES.— consultation with the Attorney General, to (a) IN GENERAL.—Section 102 of title 49, The Attorney General of the United States— be appropriate. United States Code, is amended— (1) is responsible for day-to-day Federal se- ‘‘(g) CROSS-CHECKING DATA BASE INFORMA- (1) by redesignating subsections (d), (e), curity screening operations for passenger air TION.—The Secretary of Transportation, act- and (f) as subsections (e), (f), and (g); and transportation or intrastate air transpor- ing through the Aviation Security Coordina- (2) by inserting after subsection (c) the fol- tation under sections 44901 and 44935 of title tion Council, shall— lowing: 49, United States Code; ‘‘(1) explore the technical feasibility of de- ‘‘(d) DEPUTY SECRETARY FOR TRANSPOR- (2) shall work in conjunction with the Ad- veloping a common database of individuals TATION SECURITY.— ministrator of the Federal Aviation Admin- who may pose a threat to aviation or na- ‘‘(1) IN GENERAL.—The Department has a istration with respect to any actions or ac- tional security; Deputy Secretary for Transportation Secu- tivities that may affect aviation safety or ‘‘(2) enter into memoranda of under- rity, who shall be appointed by the Presi- air carrier operations; standing with other Federal agencies to dent, by and with the advice and consent of (3) is responsible for hiring and training share or otherwise cross-check data on such the Senate. The Deputy Secretary for Trans- personnel to provide security screening at all individuals identified on Federal agency data portation Security shall carry out duties and United States airports involved in passenger bases, and may utilize other available data powers prescribed by the Secretary relating air transportation or intrastate air transpor- bases as necessary; and to security for all modes of transportation. tation, in consultation with the Secretary of ‘‘(3) evaluate and assess technologies in de- ‘‘(2) AVIATION-RELATED DUTIES.—The Dep- Transportation, the Secretary of Defense, velopment or use at Federal departments, uty Secretary— and the heads of other appropriate Federal agencies, and instrumentalities that might ‘‘(A) shall coordinate and direct, as appro- agencies and departments; and be useful in improving the safety and secu- priate, the functions and responsibilities of (4) shall actively cooperate and coordinate rity of aviation in the United States.’’. the Secretary of Transportation and the Ad- with the Secretary of Transportation, the (b) POLICIES AND PROCEDURES.—Section ministrator of the Federal Aviation Admin- Secretary of Defense, and the heads of other 44911(b) of title 49, United States Code, is istration under chapter 449; appropriate Federal agencies and depart- amended by striking ‘‘international’’. ‘‘(B) shall work in conjunction with the ments with responsibilities for national se- (c) STRATEGIC PLANNING.—Section 44911(c) Administrator of the Federal Aviation Ad- curity and criminal justice enforcement ac- of title 49, United States Code, is amended by ministration with respect to any actions or tivities that are related to aviation security striking ‘‘consider placing’’ and inserting activities that may affect aviation safety or through the Aviation Security Coordination ‘‘place’’. air carrier operations; and Council. SEC. 104. IMPROVED FLIGHT DECK INTEGRITY ‘‘(C) shall actively cooperate and coordi- (c) REVIEW AND DEVELOPMENT OF WAYS TO MEASURES. nate with the Attorney General, the Sec- STRENGTHEN SECURITY.—Section 44932(c) of (a) IN GENERAL.—As soon as possible after retary of Defense, and the heads of other ap- title 49, United States Code, is amended— the date of enactment of this Act, the Ad- propriate Federal agencies and departments (1) by striking ‘‘x-ray’’ in paragraph (4); ministrator of the Federal Aviation Admin- with responsibilities for national security (2) by striking ‘‘and’’ at the end of para- istration shall— and criminal justice enforcement activities graph (4); (1) issue an order (without regard to the that are related to aviation security through (3) by striking ‘‘passengers.’’ in paragraph provisions of chapter 5 of title 5, United the Aviation Security Coordination Council. (5) and inserting ‘‘passengers;’’; and States Code)— ‘‘(3) NATIONAL EMERGENCY RESPONSIBIL- (4) by adding at the end the following: (A) prohibiting access to the flight deck of ITIES.—Subject to the direction and control ‘‘(6) to strengthen and enhance the ability aircraft engaged in passenger air transpor- of the Secretary, the Deputy Secretary shall to detect nonexplosive weapons, such as bio- tation or intrastate air transportation ex- have the following responsibilities: logical, chemical, or similar substances; and cept to authorized personnel;

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.051 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7663 (B) requiring the strengthening of the United States Code, to address security con- other individuals with access to such areas flight deck door and locks on any such air- cerns on flights by foreign air carriers to and should be screened to prevent individuals craft operating in air transportation or from the United States. who present a risk to aviation security or intrastate air transportation that has a rigid (e) INTERIM MEASURES.—The Secretary national security from gaining access to door in a bulkhead between the flight deck may, after consultation with the heads of such areas. and the passenger area to ensure that the other Federal agencies and departments, use ‘‘(3) DEPLOYMENT OF FEDERAL LAW ENFORCE- door cannot be forced open from the pas- personnel from those agencies and depart- MENT PERSONNEL.—The Secretary of Trans- senger compartment; ments to provide air marshal service on do- portation may enter into a memorandum of (C) requiring that such flight deck doors mestic and international flights, and may understanding or other agreement with the remain locked while any such aircraft is in use the authority provided by section 324 of Attorney General or the head of any other flight except when necessary to permit the title 49, United States Code, for such pur- appropriate Federal law enforcement agency flight deck crew access and egress; and pose. to deploy Federal law enforcement personnel (D) prohibiting the possession of a key to (f) REPORTS.— at an airport in order to meet aviation safe- any such flight deck door by any member of (1) IN GENERAL.—The Attorney General and ty and security concerns.’’. the flight crew who is not assigned to the the Secretary of Transportation shall submit (b) SMALL AND MEDIUM AIRPORTS.—The Ad- flight deck; and the following reports in classified form, if ministrator of the Federal Aviation Admin- (2) take such other action, including modi- necessary, to the Senate Committee on Com- istration shall develop a plan to provide fication of safety and security procedures, as merce, Science, and Transportation and the technical support to small and medium air- may be necessary to ensure the safety and House of Representatives Committee on ports to enhance security operations, includ- security of the aircraft. Transportation and Infrastructure: ing screening operations, and to provide fi- (b) COMMUTER AIRCRAFT.—The Adminis- (A) Within 18 months after the date of en- nancial assistance to those airports to defray trator shall investigate means of securing, to actment of this Act, an assessment of the the costs of enhancing security. The Federal the greatest feasible extent, the flight deck program carried out under section 44903(d) of Aviation Administration in consultation of aircraft operating in air transportation or title 49, United States Code. with the appropriate State or local govern- intrastate air transportation that do not (B) Within 120 days after such date, an as- ment law enforcement authorities, shall re- have a rigid fixed door with a lock between sessment of the effectiveness of the security examine the safety requirements for small the passenger compartment and the flight screening process for carry-on baggage and community airports, to reflect a reasonable deck and issue such an order as the Adminis- checked baggage. level of threat to those individual small community airports, including the parking trator deems appropriate (without regard to (C) Within 6 months after the date of en- of passenger vehicles within 300 feet of the the provisions of chapter 5 of title 5, United actment of this Act, an assessment of the airport terminal building with respect to States Code) to ensure the inaccessibility, to safety and security-related training provided that airport. the greatest extent feasible, of the flight to flight and cabin crews. (c) CHEMICAL AND BIOLOGICAL WEAPON DE- (2) RECOMMENDATIONS.—The Attorney Gen- deck while the aircraft is so engaged. TECTION.—Section 44903(c)(2)(C) of title 49, eral and the Secretary may submit, as part SEC. 105. DEPLOYMENT OF FEDERAL AIR MAR- United States Code, is amended to read as of any report under this subsection or sepa- SHALS. follows: (a) AIR MARSHALS UNDER ATTORNEY GEN- rately, any recommendations they may have ‘‘(C) MAXIMUM USE OF CHEMICAL AND BIO- ERAL UIDELINES for improving the effectiveness of the Fed- G .—The Attorney General LOGICAL WEAPON DETECTION EQUIPMENT.—The shall prescribe guidelines for the training eral air marshal program or the security Secretary of Transportation shall require and deployment of individuals authorized, screening process. airports to maximize the use of technology (g) COOPERATION WITH OTHER AGENCIES.— with the approval of the Attorney General, and equipment that is designed to detect po- The last sentence of section 106(m) of title to carry firearms and make arrests under tential chemical or biological weapons.’’. 49, United States Code, is amended by strik- section 44903(d) of title 49, United States (d) IMPROVEMENT OF SECURED-AREA ACCESS ing ‘‘supplies and’’ and inserting ‘‘supplies, Code. The Secretary of Transportation shall CONTROL.—Section 44903(g)(2) of title 49, administer the air marshal program under personnel, services, and’’. United States Code, is amended— (h) AUTHORITY TO APPOINT RETIRED LAW that section in accordance with the guide- (1) by striking ‘‘weaknesses by January 31, ENFORCEMENT OFFICERS.—Notwithstanding lines prescribed by the Attorney General. 2001;’’ in subparagraph (A) and inserting any other provision of law, the Secretary of (b) DEPLOYMENT.—Section 44903(d) of title ‘‘weaknesses;’’; Transportation may appoint an individual 49, United States Code, is amended— (2) by striking subparagraph (D) and in- (1) by inserting ‘‘(1)’’ before ‘‘With’’; who is a retired law enforcement officer or a serting the following: (2) by redesignating paragraphs (1) and (2) retired member of the Armed Forces as a ‘‘(D) on an ongoing basis, assess and test as subparagraphs (A) and (B); and Federal air marshal, regardless of age, or an for compliance with access control require- (3) by adding at the end the following: individual discharged or furloughed from a ments, report annually findings of the as- ‘‘(2) The Secretary— commercial airline cockpit crew position, if sessments, and assess the effectiveness of ‘‘(A) may place Federal air marshals on the individual otherwise meets the back- penalties in ensuring compliance with secu- every scheduled passenger flight in air trans- ground and fitness qualifications required for rity procedures and take any other appro- portation and intrastate air transportation; Federal air marshals. priate enforcement actions when noncompli- and SEC. 106. IMPROVED AIRPORT PERIMETER AC- ance is found;’’; CESS SECURITY. ‘‘(B) shall place them on every such flight (3) by striking ‘‘program by January 31, (a) IN GENERAL.—Section 44903 of title 49, determined by the Secretary to present high 2001;’’ in subparagraph (F) and inserting United States Code, is amended by adding at security risks. ‘‘program;’’; and the end the following: ‘‘(3) In making the determination under (4) by striking subparagraph (G) and in- ‘‘(h) IMPROVED AIRPORT PERIMETER ACCESS paragraph (2)(B), nonstop longhaul flights, serting the following: SECURITY.— such as those targeted on September 11, 2001, ‘‘(G) work with airport operators to ‘‘(1) IN GENERAL.—The Secretary of Trans- should be a priority.’’. strengthen access control points in secured (c) TRAINING, SUPERVISION, AND FLIGHT AS- portation, in consultation with the airport areas (including air traffic control oper- SIGNMENT.—Within 30 days after the date of operator and law enforcement authorities, ations areas, maintenance areas, crew enactment of this Act, the Secretary of may order the deployment of such personnel lounges, baggage handling areas, conces- Transportation, under the authority of sub- at any secure area of the airport as nec- sions, and catering delivery areas) to ensure sections (d) and (e) of section 44903 of title 49, essary to counter the risk of criminal vio- the security of passengers and aircraft and United States Code, shall— lence, the risk of aircraft piracy at the air- consider the deployment of biometric or (1) provide for deployment of Federal air port, the risk to air carrier aircraft oper- similar technologies that identify individ- marshals on flights in air transportation and ations at the airport, or to meet national se- uals based on unique personal characteris- intrastate air transportation; curity concerns. tics.’’. (2) provide for appropriate background and ‘‘(2) SECURITY OF AIRCRAFT AND GROUND AC- (e) AIRPORT SECURITY PILOT PROGRAM.— CESS TO SECURE AREAS.—In determining fitness checks for candidates for appoint- Section 44903(c) of title 49, United States where to deploy such personnel, the Sec- ment as Federal air marshals; Code, is amended by adding at the end the (3) provide for appropriate training, super- retary shall consider the physical security following: vision, and equipment of Federal air mar- needs of air traffic control facilities, parked ‘‘(3) The Administrator shall establish shals; and aircraft, aircraft servicing equipment, air- pilot programs in no fewer than 20 airports (4) require air carriers to provide seating craft supplies (including fuel), automobile to test and evaluate new and emerging tech- for Federal air marshals on any flight with- parking facilities within airport perimeters nology for providing access control and other out regard to the availability of seats on or adjacent to secured facilities, and access security protections for closed or secure that flight. and transition areas at airports served by areas of the airports. Such technology may (d) INTERNATIONAL FLIGHTS.—The Sec- other means of ground or water transpor- include biometric or other technology that retary shall work with the International tation. The Secretary of Transportation, ensures only authorized access to secure Civil Aviation Organization and with appro- after consultation with the Aviation Secu- areas.’’. priate civil aviation authorities of foreign rity Coordination Council, shall consider (f) AIRPORT SECURITY AWARENESS PRO- governments under section 44907 of title 49, whether airport, air carrier personnel, and GRAMS.—The Secretary of Transportation

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.051 pfrm01 PsN: H01PT2 H7664 CONGRESSIONAL RECORD — HOUSE November 1, 2001 shall require air carriers and airports in- available, the Attorney General shall order derstanding or other agreements with the volved in air transportation or intrastate air the deployment of additional law enforce- heads of appropriate Federal law enforce- transportation to develop security awareness ment personnel at airport security screening ment agencies covering the utilization and programs for airport employees, ground locations if the Attorney General determines deployment of personnel of the Department crews, and other individuals employed at that the additional deployment is necessary of Justice or such other agencies.’’. such airports. to ensure passenger safety and national secu- (b) DEPUTIZING OF STATE AND LOCAL LAW SEC. 107. ENHANCED ANTI-HIJACKING TRAINING rity. ENFORCEMENT OFFICERS.—Section 512 of the FOR FLIGHT CREWS. ‘‘(c) SECURITY AT SMALL COMMUNITY AIR- Wendell H. Ford Aviation Investment and (a) IN GENERAL.—The Secretary of Trans- PORTS.— Reform Act for the 21st Century is amend- portation shall develop a mandatory air car- ‘‘(1) PASSENGER SCREENING.—In carrying ed— rier program of training for flight and cabin out subsection (a) and subsection (b)(1), the (1) by striking ‘‘purpose of’’ in subsection crews of aircraft providing air transpor- Attorney General may require any nonhub (b)(1)(A) and inserting ‘‘purposes of (i)’’; tation or intrastate air transportation in airport (as defined in section 41731(a)(4)) or (2) by striking ‘‘transportation;’’ in sub- dealing with attempts to commit aircraft pi- smaller airport with scheduled passenger op- section (b)(1)(A) and inserting ‘‘transpor- racy (as defined in section 46502(a)(1)(A) of erations to enter into an agreement under tation, and (ii) regulate the provisions of se- title 49, United States Code). The Secretary which screening of passengers and property curity screening services under section shall ensure that the training curriculum is will be carried out by qualified, trained 44901(c) of title 49, United States Code;’’; developed in consultation with Federal law State or local law enforcement personnel if— (3) by striking ‘‘NOT FEDERAL RESPONSI- enforcement agencies with expertise in ter- ‘‘(A) the screening services are equivalent BILITY’’ in the heading of subsection (b)(3)(b); rorism, self-defense, hijacker psychology, to the screening services that would be car- (4) by striking ‘‘shall not be responsible for and current threat conditions. ried out by Federal personnel under sub- providing’’ in subsection (b)(3)(B) and insert- (b) NOTIFICATION PROCEDURES.—The Ad- section (a); ing ‘‘may provide’’; ministrator of the Federal Aviation Admin- ‘‘(B) the training and evaluation of individ- (5) by striking ‘‘flight.’’ in subsection (c)(2) istration shall revise the procedures by uals conducting the screening or providing and inserting ‘‘flight and security screening which cabin crews of aircraft can notify security services meets the standards set functions under section 44901(c) of title 49, flight deck crews of security breaches and forth in section 44935 for training and evalua- United States Code.’’; other emergencies and implement any new tion of Federal personnel conducting screen- (6) by striking ‘‘General’’ in subsection (e) measures as soon as practicable. ing or providing security services under sub- and inserting ‘‘General, in consultation with section (a); SEC. 108. PASSENGER AND PROPERTY SCREEN- the Secretary of Transportation,’’; and ING. ‘‘(C) the airport is reimbursed by the (7) by striking subsection (f). United States, using funds made available by (a) IN GENERAL.—Section 44901 of title 49, (c) TRANSITION.—The Attorney General United States Code, is amended to read as the Aviation Security Act, for the costs in- shall complete the full implementation of follows: curred in providing the required screening, section 44901 of title 49, United States Code, training, and evaluation; and as amended by subsection (a), as soon as is ‘‘§ 44901. Screening passengers, individuals ‘‘(D) the Attorney General has consulted practicable but in no event later than 9 with access to secure areas, and property the airport sponsor. months after the date of enactment of this ‘‘(a) IN GENERAL.—The Attorney General, ‘‘(2) DETERMINATION OF LIMITED REQUIRE- Act. The Attorney General may make or in consultation with the Secretary of Trans- MENTS.—The Attorney General, in consulta- continue such arrangements, including ar- portation, shall provide for the screening of tion with the Secretary of Transportation, rangements under the authority of sections all passengers and property, including may prescribe modified aviation security 40110 and 40111 of that title, for the screening United States mail, cargo, carry-on and measures for a nonhub airport if the Attor- of passengers and property under that sec- checked baggage, and other articles, that ney General determines that specific secu- tion as the Attorney General determines will be carried aboard an aircraft in air rity measures are not required at a nonhub necessary pending full implementation of transportation or intrastate air transpor- airport at all hours of airport operation be- that section as so amended. tation. The screening shall take place before cause of— SEC. 109. TRAINING AND EMPLOYMENT OF SECU- boarding and, except as provided in sub- ‘‘(A) the types of aircraft that use the air- RITY SCREENING PERSONNEL. section (c), shall be carried out by a Federal port; (a) IN GENERAL.—Section 44935 of title 49, government employee (as defined in section ‘‘(B) seasonal variations in air traffic and United States Code, is amended— 2105 of title 5, United States Code). The At- types of aircraft that use the airport; or (1) by redesignating subsection (f) as sub- torney General, in consultation with the ‘‘(C) other factors that warrant modifica- section (i); and Secretary, shall provide for the screening of tion of otherwise applicable security require- (2) by striking subsection (e) and inserting all persons, including airport, air carrier, ments. the following: foreign air carrier, and airport conces- ‘‘(3) ADDITIONAL FEDERAL SECURITY MEAS- ‘‘(e) SECURITY SCREENERS.— sionaire employees, before they are allowed URES.—At any airport required to enter into ‘‘(1) TRAINING PROGRAM.—The Attorney into sterile or secure areas of the airport, as a reimbursement agreement under paragraph General, in consultation with the Secretary determined by the Attorney General. The (1), the Attorney General— of Transportation, shall establish a program screening of airport, air carrier, foreign air ‘‘(A) may provide or require additional se- for the hiring and training of security carrier, and airport concessionaire employ- curity measures; screening personnel. ees, and other nonpassengers with access to ‘‘(B) may conduct random security inspec- ‘‘(2) HIRING.— secure areas, shall be conducted in the same tions; and ‘‘(A) QUALIFICATIONS.—The Attorney Gen- manner as passenger screenings are con- ‘‘(C) may provide assistance to enhance eral shall establish, within 30 days after the ducted, except that the Attorney General airport security at that airport. date of enactment of the Aviation Security may authorize alternative screening proce- ‘‘(d) MANUAL PROCESS.— Act, qualification standards for individuals dures for personnel engaged in providing air- ‘‘(1) IN GENERAL.—The Attorney General to be hired by the United States as security port or aviation security at an airport. In shall require a manual process, at explosive screening personnel. Notwithstanding any carrying out this subsection, the Attorney detection system screening locations in air- provision of law to the contrary, those General shall maximize the use of available ports where explosive detection equipment is standards shall, at a minimum, require an nonintrusive and other inspection and detec- underutilized, which will augment the Com- individual— tion technology that is approved by the Ad- puter Assisted Passenger Prescreening Sys- ‘‘(i) to have a satisfactory or better score ministrator of the Federal Aviation Admin- tem by randomly selecting additional on a Federal security screening personnel se- istration for the purpose of screening pas- checked bags for screening so that a min- lection examination; sengers, baggage, mail, or cargo. imum number of bags, as prescribed by the ‘‘(ii) to have been a national of the United ‘‘(b) DEPLOYMENT OF ARMED PERSONNEL.— Attorney General, are examined. States, as defined in section 101(a)(22) of the ‘‘(1) IN GENERAL.—The Attorney General ‘‘(2) LIMITATION ON STATUTORY CONSTRUC- Immigration and Nationality Act (8 U.S.C. shall order the deployment of law enforce- TION.—Paragraph (1) shall not be construed 1101(a)(22)), for a minimum of 5 consecutive ment personnel authorized to carry firearms to limit the ability of the Attorney General years; at each airport security screening location or the Secretary of Transportation to impose ‘‘(iii) to have passed an examination for re- to ensure passenger safety and national secu- additional security measures when a specific cent consumption of a controlled substance; rity. threat warrants such additional measures. ‘‘(iv) to meet, at a minimum, the require- ‘‘(2) MINIMUM REQUIREMENTS.—Except at ‘‘(3) MAXIMUM USE OF EXPLOSIVE DETECTION ments set forth in subsection (f); and airports required to enter into agreements EQUIPMENT.—In prescribing the minimum ‘‘(v) to meet such other qualifications as under subsection (c), the Attorney General number of bags to be examined under para- the Attorney General may establish. shall order the deployment of at least 1 law graph (1), the Attorney General shall seek to ‘‘(B) BACKGROUND CHECKS.—The Attorney enforcement officer at each airport security maximize the use of the explosive detection General shall require that an individual to screening location. At the 100 largest air- equipment. be hired as a security screener undergo an ports in the United States, in terms of an- ‘‘(e) FLEXIBILITY OF ARRANGEMENTS.—In employment investigation (including a nual passenger enplanements for the most carrying out subsections (a), (b), and (c), the criminal history record check) under section recent calendar year for which data are Attorney General may use memoranda of un- 44936(a)(1).

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.051 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7665

‘‘(C) DISQUALIFICATION OF INDIVIDUALS WHO job portion of training to perform functions (b) CONFORMING AMENDMENTS.— PRESENT NATIONAL SECURITY RISKS.—The At- if that individual— (1) Section 44936(a)(1)(A) is amended by in- torney General, in consultation with the ‘‘(A) is closely supervised; and serting ‘‘as a security screener under section heads of other appropriate Federal agencies, ‘‘(B) does not make independent judgments 44935(e) or a position’’ after ‘‘a position’’. shall establish procedures, in addition to any as to whether individuals or property may (2) Section 44936(b) of title 49, United background check conducted under section enter a sterile area or aircraft without fur- States Code, is amended— 44936, to ensure that no individual who pre- ther inspection. (A) by inserting ‘‘the Attorney General,’’ sents a threat to national security is em- ‘‘(3) REMEDIAL TRAINING.—No individual after ‘‘subsection,’’ in paragraph (1); and ployed as a security screener. employed as a security screener may per- (B) by striking ‘‘An’’ in paragraph (3) and ‘‘(3) EXAMINATION; REVIEW OF EXISTING form a screening function after that indi- inserting ‘‘The Attorney General, an’’. RULES.—The Attorney General shall develop vidual has failed an operational test related (3) Section 44936(a)(1)(E) is amended by a security screening personnel examination to that function until that individual has striking clause (iv). successfully completed the remedial training for use in determining the qualification of (c) TRANSITION.—The Attorney General specified in the security program. individuals seeking employment as security shall complete the full implementation of ‘‘(4) ANNUAL PROFICIENCY REVIEW.—The At- screening personnel. The Attorney General section 44935 (e), (f), (g), and (h) of title 49, torney General shall provide that an annual shall also review, and revise as necessary, United States Code, as amended by sub- evaluation of each individual assigned any standard, rule, or regulation governing section (a), as soon as is practicable. The At- screening duties is conducted and docu- the employment of individuals as security torney General may make or continue such mented. An individual employed as a secu- screening personnel. arrangements for the training of security rity screener may not continue to be em- ‘‘(f) EMPLOYMENT STANDARDS FOR SCREEN- screeners under that section as the Attorney ployed in that capacity unless the evaluation ING PERSONNEL.— General determines necessary pending full demonstrates that the individual— ‘‘(1) SCREENER REQUIREMENTS.—Notwith- implementation of that section as so amend- ‘‘(A) continues to meet all qualifications standing any provision of law to the con- ed. and standards required to perform a screen- trary, an individual may not be employed as ing function; (d) SCREENER PERSONNEL.—Notwith- a security screener unless that individual ‘‘(B) has a satisfactory record of perform- standing any other provision of law, the At- meets the following requirements: ance and attention to duty based on the torney General may employ, appoint, dis- ‘‘(A) The individual shall possess a high standards and requirements in the security cipline, terminate, and fix the compensation, school diploma, a General Equivalency Di- program; and terms, and conditions of employment of Fed- ploma, or experience that the Attorney Gen- ‘‘(C) demonstrates the current knowledge eral service for such a number of individuals eral has determined to have equipped the in- and skills necessary to courteously, vigi- as the Attorney General determines to be dividual to perform the duties of the posi- lantly, and effectively perform screening necessary to carry out the passenger secu- tion. functions. rity screening functions of the Attorney ‘‘(B) The individual shall possess basic ap- ‘‘(5) OPERATIONAL TESTING.—In addition to General under section 44901 of title 49, titudes and physical abilities including color the annual proficiency review conducted United States Code. perception, visual and aural acuity, physical under paragraph (4), the Attorney General coordination, and motor skills to the fol- (e) STRIKES PROHIBITED.—An individual shall provide for the operational testing of lowing standards: employed as a security screener under sec- such personnel. ‘‘(i) Screeners operating screening equip- tion 44901 of title 49, United States Code, is ‘‘(g) TRAINING.— ment shall be able to distinguish on the prohibited from participating in a strike or ‘‘(1) USE OF OTHER AGENCIES.—The Attor- screening equipment monitor the appro- asserting the right to strike pursuant to sec- ney General shall enter into a memorandum priate imaging standard specified by the At- tion 7311(3) or 7116(b)(7) of title 5, United of understanding or other arrangement with torney General. Wherever the screening States Code. any other Federal agency or department equipment system displays colors, the oper- (f) BACKGROUND CHECKS FOR EXISTING EM- with appropriate law enforcement respon- ator shall be able to perceive each color. PLOYEES.— sibilities, to provide personnel, resources, or ‘‘(ii) Screeners operating any screening (1) IN GENERAL.—Section 44936 of title 49, other forms of assistance in the training of equipment shall be able to distinguish each United States Code, is amended by inserting security screening personnel. color displayed on every type of screening ‘‘is or’’ before ‘‘will’’ in subsection ‘‘(2) TRAINING PLAN.—The Attorney General equipment and explain what each color sig- (a)(1)(B)(i). shall, within 60 days after the date of enact- nifies. (2) EFFECTIVE DATE.—The amendments ment of the Aviation Security Act, develop a ‘‘(iii) Screeners shall be able to hear and made by paragraph (1) apply with respect to plan for the training of security screening respond to the spoken voice and to audible individuals employed on or after the date of personnel. The plan shall, at a minimum, re- alarms generated by screening equipment in enactment of the Aviation Security Act in a quire that before being deployed as a secu- an active checkpoint environment. position described in subparagraph (A) or (B) rity screener, an individual— ‘‘(iv) Screeners performing physical of section 44936(a)(1) of title 49, United States ‘‘(A) has completed 40 hours of classroom searches or other related operations shall be Code. The Secretary of Transportation may instruction or successfully completed a pro- able to efficiently and thoroughly manipu- provide by order for a phased-in implementa- gram that the Attorney General determines late and handle such baggage, containers, tion of the requirements of section 44936 of will train individuals to a level of pro- and other objects subject to security proc- that title made applicable to individuals em- ficiency equivalent to the level that would essing. ployed in such positions at airports on the be achieved by such classroom instruction; ‘‘(v) Screeners who perform pat-downs or date of enactment of this Act. ‘‘(B) has completed 60 hours of on-the-job hand-held metal detector searches of individ- instruction; and SEC. 110. RESEARCH AND DEVELOPMENT. uals shall have sufficient dexterity and capa- ‘‘(C) has successfully completed an on-the- bility to thoroughly conduct those proce- (a) IN GENERAL.—Section 44912(b)(1) of title job training examination prescribed by the dures over a individual’s entire body. 49, United States Code, is amended— Attorney General. ‘‘(C) The individual shall be able to read, (1) by striking ‘‘complete an intensive re- ‘‘(3) EQUIPMENT-SPECIFIC TRAINING.—An in- speak, and write English well enough to— view of’’ and inserting ‘‘periodically review’’; dividual employed as a security screener ‘‘(i) carry out written and oral instructions (2) by striking ‘‘commercial aircraft in may not use any security screening device or regarding the proper performance of screen- service and expected to be in service in the equipment in the scope of that individual’s ing duties; 10-year period beginning on November 16, employment unless the individual has been ‘‘(ii) read English language identification 1990;’’ in subparagraph (B) and inserting trained on that device or equipment and has media, credentials, airline tickets, and labels ‘‘aircraft in air transportation;’’; and successfully completed a test on the use of on items normally encountered in the (3) by redesignating subparagraphs (D) the device or equipment. screening process; through (F) as subparagraphs (E) through ‘‘(h) TECHNOLOGICAL TRAINING.—The Attor- (G), respectively, and inserting after sub- ‘‘(iii) provide direction to and understand ney General shall require training to ensure and answer questions from English-speaking paragraph (C) the following: that screeners are proficient in using the ‘‘(D) the potential release of chemical, bio- individuals undergoing screening; and most up-to-date new technology and to en- logical, or similar weapons or devices either ‘‘(iv) write incident reports and statements sure their proficiency in recognizing new within an aircraft or within an airport;’’. and log entries into security records in the threats and weapons. The Attorney General English language. shall make periodic assessments to deter- (b) ADDITIONAL MATTERS REGARDING RE- ‘‘(D) The individual shall have satisfac- mine if there are dual use items and inform SEARCH AND DEVELOPMENT.— torily completed all initial, recurrent, and security screening personnel of the existence (1) ADDITIONAL PROGRAM REQUIREMENTS.— appropriate specialized training required by of such items. Current lists of dual use items Subsection (a) of section 44912 of title 49, the security program, except as provided in shall be part of the ongoing training for United States Code, is amended— paragraph (2). screeners. For purposes of this subsection, (A) by redesignating paragraph (4) as para- ‘‘(2) EXCEPTIONS.—An individual who has the term ‘dual use’ item means an item that graph (5); and not completed the training required by this may seem harmless but that may be used as (B) by inserting after paragraph (3) the fol- section may be employed during the on-the- a weapon.’’. lowing new paragraph (4):

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.051 pfrm01 PsN: H01PT2 H7666 CONGRESSIONAL RECORD — HOUSE November 1, 2001 ‘‘(4)(A) In carrying out the program estab- taking the review of policies and tech- ‘‘(2) every other individual to whom such lished under this subsection, the Adminis- nologies upon request. training is provided as the Secretary may re- trator shall designate an individual to be re- ‘‘(4) Not later than 90 days after the date of quire. sponsible for engineering, research, and de- the enactment of the Aviation Security Act, ‘‘(f) ALIEN DEFINED.—In this section, the velopment with respect to security tech- and every two years thereafter, the Adminis- term ‘alien’ has the meaning given the term nology under the program. trator shall review the composition of the in section 101(a)(3) of the Immigration and ‘‘(B) The individual designated under sub- advisory panel in order to ensure that the Nationality Act (8 U.S.C. 1101(a)(3)).’’. paragraph (A) shall use appropriate systems expertise of the individuals on the panel is (b) CLERICAL AMENDMENT.—The table of engineering and risk management models in suited to the current and anticipated duties sections at the beginning of such chapter is making decisions regarding the allocation of of the panel.’’. amended by adding at the end the following funds for engineering, research, and develop- (c) COORDINATION WITH ATTORNEY GEN- new item: ment with respect to security technology ERAL.—Section 44912(b) of title 49, United ‘‘44939. Training to operate jet-propelled air- under the program. States Code, is amended by adding at the end craft.’’. ‘‘(C) The individual designated under sub- the following: (c) INTERNATIONAL COOPERATION.—The Sec- paragraph (A) shall, on an annual basis, sub- ‘‘(3) Beginning on the date of enactment of retary of Transportation, in consultation mit to the Research, Engineering and Devel- the Aviation Security Act, the Adminis- with the Secretary of State, shall work with opment Advisory Committee a report on ac- trator shall conduct all research related to the International Civil Aviation Organiza- tivities under this paragraph during the pre- screening technology and procedures in con- tion and the civil aviation authorities of ceding year. Each report shall include, for junction with the Attorney General.’’. other countries to improve international the year covered by such report, information SEC. 111. FLIGHT SCHOOL SECURITY. aviation security through screening pro- on— (a) PROHIBITION.—Chapter 449 of title 49, grams for flight instruction candidates. United States Code, is amended by adding at ‘‘(i) progress made in engineering, re- SEC. 112. REPORT TO CONGRESS ON SECURITY. search, and development with respect to se- the end the following new section: Within 60 days after the date of enactment curity technology; ‘‘§ 44939. Training to operate jet-propelled of this Act, the Attorney General and the ‘‘(ii) the allocation of funds for engineer- aircraft Secretary of Transportation shall transmit a ing, research, and development with respect ‘‘(a) PROHIBITION.—No person subject to report to the Senate Committee on Com- to security technology; and regulation under this part may provide merce, Science, and Transportation and the ‘‘(iii) engineering, research, and develop- training in the operation of any jet-propelled House of Representatives Committee on ment with respect to any technologies drawn aircraft to any alien (or other individual Transportation and Infrastructure con- from other agencies, including the rationale specified by the Secretary of Transportation taining their joint recommendations on ad- for engineering, research, and development under this section) within the United States ditional measures for the Federal Govern- with respect to such technologies.’’. unless the Attorney General issues to that ment to address transportation security (2) REVIEW OF THREATS.—Subsection (b)(1) person a certification of the completion of a functions. of that section is amended— background investigation of the alien or SEC. 113. GENERAL AVIATION AND AIR CHAR- (A) by redesignating subparagraphs (A) other individual under subsection (b). TERS. through (F) as subparagraphs (B) through ‘‘(b) INVESTIGATION.— The Secretary of Transportation shall sub- (G), respectively; and ‘‘(1) REQUEST.—Upon the joint request of a mit to the Senate Committee on Commerce, (B) by inserting before subparagraph (B), person subject to regulation under this part Science, and Transportation and the House as so redesignated, the following new sub- and an alien (or individual specified by the of Representatives Committee on Transpor- paragraph (A): Secretary) for the purposes of this section, tation and Infrastructure within 3 months ‘‘(A) a comprehensive systems analysis the Attorney General shall— after the date of enactment of this Act a re- (employing vulnerability analysis, threat at- ‘‘(A) carry out a background investigation port on how to improve security with respect tribute definition, and technology roadmaps) of the alien or individual within 30 days after to general aviation and air charter oper- of the civil aviation system, including— the Attorney General receives the request; ations in the United States. ‘‘(i) the destruction, commandeering, or di- and SEC. 114. INCREASED PENALTIES FOR INTER- version of civil aircraft or the use of civil ‘‘(B) upon completing the investigation, FERENCE WITH SECURITY PER- aircraft as a weapon; and issue a certification of the completion of the SONNEL. ‘‘(ii) the disruption of civil aviation serv- investigation to the person. (a) IN GENERAL.—Chapter 465 of title 49, ice, including by cyber attack;’’. ‘‘(2) SCOPE.—A background investigation of United States Code, is amended by inserting (3) SCIENTIFIC ADVISORY PANEL.—Sub- an alien or individual under this subsection after section 46502 the following: section (c) of that section is amended to read shall consist of the following: ‘‘§ 46503. Interference with security screening as follows: ‘‘(A) A determination of whether there is a personnel ‘‘(c) SCIENTIFIC ADVISORY PANEL.—(1) The record of a criminal history for the alien or ‘‘An individual in an area within a com- Administrator shall establish a scientific ad- individual and, if so, a review of the record. mercial service airport in the United States visory panel, as a subcommittee of the Re- ‘‘(B) A determination of the status of the who, by assaulting or intimidating a Fed- search, Engineering, and Development Advi- alien under the immigration laws of the eral, airport, or air carrier employee who has sory Committee, to review, comment on, ad- United States. security duties within the airport, interferes vise the progress of, and recommend modi- ‘‘(C) A determination of whether the alien with the performance of the duties of the fications in, the program established under or individual presents a national security employee or lessens the ability of the em- subsection (a) of this section, including the risk to the United States. ployee to perform those duties, shall be fined need for long-range research programs to de- ‘‘(3) RECURRENT TRAINING.—The Attorney under title 18, imprisoned for not more than tect and prevent catastrophic damage to General shall develop expedited procedures 10 years, or both. If the individual used a commercial aircraft, commercial aviation for requests that relate to recurrent training dangerous weapon in committing the as- facilities, commercial aviation personnel and of an alien or other individual for whom a sault, intimidation, or interference, the indi- passengers, and other components of the certification has previously been issued vidual may be imprisoned for any term of commercial aviation system by the next gen- under paragraph (1). years or life imprisonment.’’. eration of terrorist weapons. ‘‘(c) SANCTIONS.—A person who violates (b) CONFORMING AMENDMENT.—The chapter ‘‘(2)(A) The advisory panel shall consist of subsection (a) shall be subject to administra- analysis for chapter 465 of such title is individuals who have scientific and technical tive sanctions that the Secretary of Trans- amended by inserting after the item relating expertise in— portation shall prescribe in regulations. The to section 46502 the following: ‘‘(i) the development and testing of effec- sanctions may include suspension and rev- tive explosive detection systems; ocation of licenses and certificates issued ‘‘46503. Interference with security screening ‘‘(ii) aircraft structure and experimen- under this part. personnel’’. tation to decide on the type and minimum ‘‘(d) COVERED TRAINING.—For the purposes SEC. 115. SECURITY-RELATED STUDY BY FAA. weights of explosives that an effective explo- of subsection (a), training includes in-flight Within 120 days after the date of enact- sive detection technology must be capable of training, training in a simulator, and any ment of this Act, the Administrator of the detecting; other form or aspect of training. Federal Aviation Administration shall trans- ‘‘(iii) technologies involved in minimizing ‘‘(e) REPORTING REQUIREMENT.—Each per- mit to the Senate Committee on Commerce, airframe damage to aircraft from explosives; son subject to regulation under this part Science, and Transportation and the House and that provides training in the operation of of Representatives Committee on Transpor- ‘‘(iv) other scientific and technical areas any jet-propelled aircraft shall report to the tation and Infrastructure a report setting the Administrator considers appropriate. Secretary of Transportation, at such time forth the Administrator’s findings and rec- ‘‘(B) In appointing individuals to the advi- and in such manner as the Secretary may ommendations on the following aviation se- sory panel, the Administrator should con- prescribe, the name, address, and such other curity-related issues: sider individuals from academia and the na- information as the Secretary may require (1) A requirement that individuals em- tional laboratories, as appropriate. concerning— ployed at an airport with scheduled pas- ‘‘(3) The Administrator shall organize the ‘‘(1) each alien to whom such training is senger service, and law enforcement per- advisory panel into teams capable of under- provided; and sonnel at such an airport, be screened via

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.051 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7667 electronic identity verification or, until such on Commerce, Science, and Transportation (A) by striking ‘‘or’’ in subparagraph (B); verification is possible, have their identity and to the House of Representatives Com- (B) by inserting ‘‘or’’ after ‘‘executed;’’ in verified by visual inspection. mittee on Transportation and Infrastructure subparagraph (C); and (2) The installation of switches in the on compliance by United States air carriers (C) by adding at the end the following: cabin for use by cabin crew to notify the with the requirements of subsection (a). ‘‘(D) if the cost is incurred after September flight crew discreetly that there is a security SEC. 118. SECURITY FUNDING. 11, 2001, for a project described in section breach in the cabin. (a) USER FEE FOR SECURITY SERVICES.— 47102(3)(J), and shall not depend upon the (3) A requirement that air carriers and air- (1) IN GENERAL.—Chapter 481 is amended by date of execution of a grant agreement made ports revalidate all employee identification adding at the end thereof the following: under this subchapter;’’. cards using hologram stickers, through card ‘‘§ 48114. User fee for security services charge (4) DISCRETIONARY GRANTS.—Section 47115 re-issuance, or through electronic revalida- of title 49, United States Code, is amended by ‘‘(a) IN GENERAL.—The Secretary of Trans- tion. portation shall collect a user fee from air adding at the end the following: (4) The updating of the common strategy carriers. Amounts collected under this sec- ‘‘(i) CONSIDERATIONS FOR PROJECT UNDER used by the Administration, law enforcement tion shall be treated as offsetting collections EXPANDED SECURITY ELIGIBILITY.—In order to agencies, air carriers, and flight crews dur- to offset annual appropriations for the costs assure that funding under this subchapter is ing hijackings to include measures to deal of providing aviation security services. provided to the greatest needs, the Sec- with suicidal hijackers and other extremely ‘‘(b) AMOUNT OF FEE.—Air carriers shall retary, in selecting a project described in dangerous events not currently dealt with by remit $2.50 for each passenger enplanement. section 47102(3)(J) for a grant, shall consider the strategy. ‘‘(c) USE OF FEES.—A fee collected under the nonfederal resources available to spon- (5) The use of technology that will permit this section shall be used solely for the costs sor, the use of such nonfederal resources, and enhanced instant communications and infor- associated with providing aviation security the degree to which the sponsor is providing mation between airborne passenger aircraft services and may be used only to the extent increased funding for the project.’’. and appropriate individuals or facilities on provided in advance in an appropriation (5) FEDERAL SHARE.—Section 47109(a) of the ground. law.’’. title 49, United States Code, is amended— SEC. 116. AIR TRANSPORTATION ARRANGEMENTS (2) CLERICAL AMENDMENT.—The table of (A) by striking ‘‘and’’ in paragraph (3); IN CERTAIN STATES. sections for chapter 481 is amended by adding (B) by striking ‘‘47134.’’ in paragraph (4) (a) IN GENERAL.—Notwithstanding any pro- at the end thereof the following: and inserting ‘‘47134; and’’; and vision of section 41309(a) of title 49, United ‘‘48114. User fee for security services’’. (C) by adding at the end the following: States Code, to the contrary, air carriers ‘‘(5) for fiscal year 2002, 100 percent for a (3) EFFECTIVE DATE.—The amendment providing air transportation on flights which project described in section 47102(3)(J).’’. made by paragraph (1) shall apply with re- both originate and terminate at points with- spect to transportation beginning after the (b) APPORTIONED FUNDS.—For the purpose in the same State may file an agreement, re- date which is 180 days after the date of en- of carrying out section 47114 of title 49, quest, modification, or cancellation of an actment of this Act. United States Code, for fiscal year 2003, the agreement within the scope of that section (b) SPECIFIC AUTHORIZATION OF APPROPRIA- Secretary shall use, in lieu of passenger with the Secretary of Transportation upon a TIONS.— boardings at an airport during the prior cal- declaration by the Governor of the State (1) IN GENERAL.—Part C of subtitle VII of endar year, the greater of— that such agreement, request, modification, title 49, United States Code, is amended by (1) the number of passenger boardings at or cancellation is necessary to ensure the adding at the end the following: that airport during 2000; or continuing availability of such air transpor- (2) the number of passenger boardings at ‘‘CHAPTER 483. AVIATION SECURITY tation within that State. that airport during 2001. FUNDING. (b) APPROVAL OF SECRETARY.—The Sec- (c) EXPEDITED PROCESSING OF SECURITY-RE- ‘‘Sec. retary may approve any such agreement, re- LATED PFC REQUESTS.—The Administrator of ‘‘48301. Aviation security funding quest, modification, or cancellation and the Federal Aviation Administration shall, grant an exemption under section 41308(c) of ‘‘§ 48301. Aviation security funding to the extent feasible, expedite the proc- title 49, United States Code, to the extent ‘‘There are authorized to be appropriated essing and approval of passenger facility fee necessary to effectuate such agreement, re- for fiscal years 2002, 2003, and 2004, such sums requests under subchapter I of chapter 471 of quest, modification, or cancellation, without as may be necessary to carry out chapter 449 title 49, United States Code, for projects de- regard to the provisions of section 41309(b) or and related aviation security activities scribed in section 47192(3)(J) of title 49, (c) of that title. under this title.’’. United States Code. (c) PUBLIC INTEREST REQUIREMENT.—The (2) CONFORMING AMENDMENT.—The subtitle SEC. 120. AUTHORIZATION OF FUNDS FOR REIM- Secretary may approve such an agreement, analysis for subtitle VII of title 49, United BURSEMENT OF AIRPORTS FOR SE- request, modification, or cancellation if the States Code, is amended by inserting after CURITY MANDATES. Secretary determines that— the item relating to chapter 482 the fol- (a) AUTHORIZATION OF APPROPRIATIONS.— lowing: (1) the State to which it relates has ex- There are authorized to be appropriated to traordinary air transportation needs and ‘‘483. Aviation Security Funding ...... 48301’’. the Secretary of Transportation such sums concerns; and SEC. 119. INCREASED FUNDING FLEXIBILITY FOR as may be necessary for fiscal year 2002 to (2) approval is in the public interest. AVIATION SECURITY. compensate airport operators for eligible se- ERMINATION.—An approval under sub- (d) T (a) LIMITED USE OF AIRPORT IMPROVEMENT curity costs. section (b) and an exemption under section PROGRAM FUNDS.— (b) REIMBURSABLE COSTS.—The Secretary 41308(c) of title 49, United States Code, grant- (1) BLANKET AUTHORITY.—Notwithstanding may reimburse an airport operator (from ed under subsection (b) shall terminate on any provision of law to the contrary, includ- amounts made available for obligation under the earlier of the 2 following dates: ing any provision of chapter 471 of title 49, subsection (a)) for the direct costs incurred (1) A date established by the Secretary in United States Code, or any rule, regulation, by the airport operator in complying with the Secretary’s discretion. or agreement thereunder, for fiscal year 2002 new, additional, or revised security require- (2) October 1, 2002. the Administrator of the Federal Aviation ments imposed on airport operators by the (e) EXTENSION.—Notwithstanding sub- Administration may permit an airport oper- Federal Aviation Administration on or after section (d), if the Secretary determines that ator to use amounts made available under September 11, 2001. it is in the public interest, the Secretary that chapter to defray additional direct secu- (c) DOCUMENTATION OF COSTS; AUDIT.—The may extend the termination date under sub- rity-related expenses imposed by law or rule Secretary may not reimburse an airport op- section (d)(2) until a date no later than Octo- after September 11, 2001, for which funds are erator under this section for any cost for ber 1, 2003. not otherwise specifically appropriated or which the airport operator does not dem- SEC. 117. AIRLINE COMPUTER RESERVATION SYS- made available under this or any other Act. onstrate to the satisfaction of the Secretary, TEMS. (2) AIRPORT DEVELOPMENT FUNDS.—Section using sworn financial statements or other (a) IN GENERAL.—In order to ensure that 47102(3) of title 49, United States Code, is appropriate data, that— all airline computer reservation systems amended by adding at the end the following: (1) the cost is eligible for reimbursement maintained by United States air carriers are ‘‘(J) after September 11, 2001, and before under subsection (b); and secure from unauthorized access by persons October 1, 2002, for fiscal year 2002, addi- (2) the cost was incurred by the airport op- seeking information on reservations, pas- tional operational requirements, improve- erator. senger manifests, or other non-public infor- ment of facilities, purchase and deployment mation, the Secretary of Transportation of equipment, hiring, training, and providing The Inspector General of the Department of shall require all such air carriers to utilize appropriate personnel, or an airport or any Transportation and the Comptroller General to the maximum extent practicable the best aviation operator at an airport, that the Sec- of the United States may audit such state- technology available to secure their com- retary determines will enhance and ensure ments and may request any other informa- puter reservation system against such unau- the security of passengers and other persons tion that necessary to conduct such an audit. thorized access. involved in air travel.’’. (d) CLAIM PROCEDURE.—Within 30 days (b) REPORT.—The Secretary shall transmit (3) ALLOWABLE COSTS.—Section 47110(b)(2) after the date of enactment of this Act, the an annual report to the Senate Committee of title 49, United States Code, is amended— Secretary, after consultation with airport

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.051 pfrm01 PsN: H01PT2 H7668 CONGRESSIONAL RECORD — HOUSE November 1, 2001 operators, shall publish in the Federal Reg- tional Institute of Justice, determines, with United States and, by targeting symbols of ister the procedures for filing claims for re- the approval of the Attorney General and the America, clearly were intended to intimidate imbursement under this section of eligible Secretary of State, that it is appropriate and our Nation and weaken its resolve. costs incurred by airport operators. necessary and would effectively serve the (5) Armed pilots, co-pilots, and flight engi- SEC. 121. ENCOURAGING AIRLINE EMPLOYEES TO public interest in avoiding air piracy, the neers with proper training will be the last REPORT SUSPICIOUS ACTIVITIES. Secretary may authorize members of the line of defense against terrorist by providing (a) IN GENERAL.—Subchapter II of chapter flight deck crew on any aircraft providing cockpit security and aircraft security. 449 of title 49, United States Code, is amend- air transportation or intrastate air transpor- (6) Secured doors separating the flight ed by inserting at the end the following: tation to carry a less-than-lethal weapon deck from the passenger cabin have been ef- ‘‘§ 44940. Immunity for reporting suspicious while the aircraft is engaged in providing fective in deterring hijackings in other na- activities such transportation. tions and will serve as a deterrent to future ‘‘(2) USAGE.—If the Secretary grants au- contemplated acts of terrorism in the United ‘‘(a) IN GENERAL.—Any air carrier or for- thority under paragraph (1) for flight deck States. eign air carrier or any employee of an air crew members to carry a less-than-lethal (c) AVIATION SAFETY AND THE SUPPRESSION carrier or foreign air carrier who makes a weapon while engaged in providing air trans- OF TERRORISM BY COMMERCIAL AIRCRAFT.— voluntary disclosure of any suspicious trans- portation or intrastate air transportation, (1) POSSESSION OF FIREARMS ON COMMERCIAL action relevant to a possible violation of law the Secretary shall— FLIGHTS.—The Federal Aviation Administra- or regulation, relating to air piracy, a threat ‘‘(A) prescribe rules requiring that any tion (FAA) is authorized to permit a pilot, to aircraft or passenger safety, or terrorism, such crew member be trained in the proper co-pilot, or flight engineer of a commercial as defined by section 3077 of title 18, United use of the weapon; and aircraft who has successfully completed the States Code, to any employee or agent of the ‘‘(B) prescribe guidelines setting forth the requirements of paragraph (2), or who is not Department of Transportation, the Depart- circumstances under which such weapons otherwise prohibited by law from possessing ment of Justice, any Federal, State, or local may be used.’’. a firearm, from possessing or carrying a fire- law enforcement officer, or any airport or arm approved by the FAA for the protection airline security officer shall not be civilly SEC. 123. MAIL AND FREIGHT WAIVERS. During a national emergency affecting air of the aircraft under procedures or regula- liable to any person under any law or regula- transportation or intrastate air transpor- tions as necessary to ensure the safety and tion of the United States, any constitution, tation, the Secretary of Transportation, integrity of flight. law, or regulation of any State or political after consultation with the Aviation Secu- (2) FEDERAL PILOT OFFICERS.—(A) In addi- subdivision of any State, for such disclosure. rity Coordination Council, may grant a com- tion to the protections provided by para- ‘‘(b) APPLICATION.—Subsection (a) shall not plete or partial waiver of any restrictions on graph (1), the FAA shall also establish a vol- apply to— the carriage by aircraft of freight, mail, untary program to train and supervise com- ‘‘(1) any disclosure made with actual emergency medical supplies, personnel, or mercial airline pilots. knowledge that the disclosure was false, in- patients on aircraft, imposed by the Depart- (B) Under the program, the FAA shall accurate, or misleading; or ment of Transportation (or other Federal make available appropriate training and su- ‘‘(2) any disclosure made with reckless dis- agency or department) that would permit pervision for all such pilots, which may in- regard as to the truth or falsity of that dis- such carriage of freight, mail, emergency clude training by private entities. closure. medical supplies, personnel, or patients on (C) The power granted to such persons ‘‘§ 44941. Sharing security risk information flights, to, from, or within States with ex- shall be limited to enforcing Federal law in ‘‘The Attorney General, in consultation traordinary air transportation needs or con- the cockpit of commercial aircraft and, with the Deputy Secretary for Transpor- cerns if the Secretary determines that the under reasonable circumstances the pas- tation Security and the Director of the Fed- waiver is in the public interest, taking into senger compartment to protect the integrity eral Bureau of Investigation, shall establish consideration the isolation of and depend- of the commercial aircraft and the lives of procedures for notifying the Administrator ence on air transportation of such States. the passengers. of the Federal Aviation Administration, and The Secretary may impose reasonable limi- (D) The FAA shall make available appro- airport or airline security officers, of the tations on any such waivers. priate training to any qualified pilot who re- identity of persons known or suspected by SEC. 124. SAFETY AND SECURITY OF ON-BOARD quests such training pursuant to this title. SUPPLIES. the Attorney General to pose a risk of air pi- (E) The FAA may prescribe regulations for (a) IN GENERAL.—The Secretary of Trans- racy or terrorism or a threat to airline or purposes of this section. portation shall establish procedures to en- passenger safety.’’. (d) REPORTS TO CONGRESS.—Not later than sure the safety and integrity of all supplies, (b) REPORT.—Not later than 120 days after six months after the date of the enactment including catering and passenger amenities, the date of enactment of this Act, the Attor- placed aboard aircraft providing passenger of this Act, and every six months thereafter, ney General shall report to the Senate Com- air transportation or intrastate air transpor- the Secretary of Transportation shall submit mittee on Commerce, Science, and Transpor- tation. to Congress a report on the effectiveness of tation, the House Committe on Transpor- (b) MEASURES.—In carrying out subsection the requirements in this section in facili- tation and Infrastructure, and the Judiciary (a), the Secretary may require— tating commercial aviation safety and the Committees of the Senate and the House of (1) security procedures for suppliers and suppression of terrorism by commercial air- Representatives on the implementation of their facilities; craft. the procedures required under section 44941 (2) the sealing of supplies to ensure easy SEC. 126. AMENDMENTS TO AIRMEN REGISTRY of title 49, United States Code, as added by visual detection of tampering; and AUTHORITY. this section. (3) the screening of personnel, vehicles, and Section 44703(g) of title 49, United States (c) CHAPTER ANALYSIS.—The chapter anal- supplies entering secured areas of the airport Code, is amended— ysis for chapter 449 of title 49, United States or used in servicing aircraft. (1) in the first sentence of paragraph (1)— Code, is amended by inserting at the end the SEC. 125. FLIGHT DECK SECURITY (A) by striking ‘‘pilots’’ and inserting ‘‘air- following: (a) SHORT TITLE.—This section may be men’’; and ‘‘44940. Immunity for reporting suspicious ac- cited as the ‘‘Flight Deck Security Act of (B) by striking the period and inserting tivities. 2001’’. ‘‘and related to combating acts of ter- ‘‘44941. Sharing security risk information.’’. (b) FINDINGS.—Congress makes the fol- rorism.’’; and SEC. 122. LESS-THAN-LETHAL WEAPONRY FOR lowing findings: (2) by adding at the end, the following new FLIGHT DECK CREWS. (1) On September 11, 2001, terrorists hi- paragraphs: (a) NATIONAL INSTITUTE OF JUSTICE jacked four civilian aircraft, crashing two of ‘‘(3) For purposes of this section, the term STUDY.—The National Institute of Justice the aircraft into the towers of the World ‘acts of terrorism’ means an activity that in- shall assess the range of less-than-lethal Trade Center in New York, New York, and a volves a violent act or an act dangerous to weaponry available for use by a flight deck third into the Pentagon outside Washington, human life that is a violation of the criminal crewmember temporarily to incapacitate an District of Columbia. laws of the United States or of any State, or individual who presents a clear and present (2) Thousands of innocent Americans and that would be a criminal violation if com- danger to the safety of the aircraft, its pas- citizens of other countries were killed or in- mitted within the jurisdiction of the United sengers, or individuals on the ground and re- jured as a result of these attacks, including States or of any State, and appears to be in- port its findings and recommendations to the the passengers and crew of the four aircraft, tended to intimidate or coerce a civilian pop- Secretary of Transportation within 90 days workers in the World Trade Center and in ulation to influence the policy of a govern- after the date of enactment of this Act. the Pentagon, rescue workers, and bystand- ment by intimidation or coercion or to affect Section 44903 of title 49, United States ers. the conduct of a government by assassina- Code, is amended by adding at the end the (3) These attacks destroyed both towers of tion or kidnaping. following: the World Trade Center, as well as adjacent ‘‘(4) The Administrator is authorized and ‘‘(h) AUTHORITY TO ARM FLIGHT DECK CREW buildings, and seriously damaged the Pen- directed to work with State and local au- WITH LESS-THAN-LETHAL WEAPONS.— tagon. thorities, and other Federal agencies, to as- ‘‘(1) IN GENERAL.—If the Secretary, after (4) These attacks were by far the deadliest sist in the identification of individuals ap- receiving the recommendations of the Na- terrorist attacks ever launched against the plying for or holding airmen certificates.’’.

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.052 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7669 SEC. 127. RESULTS-BASED MANAGEMENT. ‘‘(2) Each year, the Deputy Secretary for (1) The Select Committee on Intelligence Subchapter II of chapter 449 of title 49, Transportation Security and each senior of the Senate. United States Code, is amended by adding at manager who reports to the Deputy Sec- (2) The Permanent Select Committee on the end the following: retary for Transportation Security shall Intelligence of the House of Representatives. ‘‘§ 44942. Performance Goals and Objectives enter into an annual performance agreement (3) The Committee on Commerce, Science, ‘‘(a) SHORT TERM TRANSITION.— that sets forth organization and individual and Transportation of the Senate. ‘‘(1) IN GENERAL.—Within 60 days of enact- goals for those managers. All other employ- (4) The Committee on Transportation and ment, the Deputy Secretary for Transpor- ees hired under the authority of the Deputy Infrastructure of the House of Representa- tation Security shall, in consultation with Secretary for Transportation Security shall tives. Congress— enter into an annual performance agreement SEC. 130. VOLUNTARY PROVISION OF EMER- ‘‘(A) establish acceptable levels of perform- that sets forth organization and individual GENCY SERVICES DURING COMMER- ance for aviation security, including screen- goals for those employees. CIAL FLIGHTS. ing operations and access control, and ‘‘(c) COMPENSATION FOR THE DEPUTY SEC- (a) PROGRAM FOR PROVISION OF VOLUNTARY ‘‘(B) provide Congress with an action plan, RETARY FOR TRANSPORTATION SECURITY.— SERVICES.— containing measurable goals and milestones, ‘‘(1) IN GENERAL.—The Deputy Secretary (1) PROGRAM.—The Secretary of Transpor- that outlines how those levels of perform- for Transportation Security is authorized to tation shall carry out a program to permit ance will be achieved. be paid at an annual rate of pay payable to qualified law enforcement officers, fire- ‘‘(2) BASICS OF ACTION PLAN.—The action level II of the Executive Schedule. fighters, and emergency medical technicians plan shall clarify the responsibilities of the ‘‘(2) BONUSES OR OTHER INCENTIVES.—In ad- to provide emergency services on commer- Department of Transportation, the Federal dition, the Deputy Secretary for Transpor- cial air flights during emergencies. Aviation Administration and any other tation Security may receive bonuses or other (2) REQUIREMENTS.—The Secretary shall es- agency or organization that may have a role incentives, based upon the Secretary’s eval- tablish such requirements for qualifications in ensuring the safety and security of the uation of the Deputy Secretary’s perform- of providers of voluntary services under the civil air transportation system. ance in relation to the goals set forth in the program under paragraph (1), including ‘‘(b) LONG-TERM RESULTS-BASED MANAGE- agreement. Total compensation cannot ex- training requirements, as the Secretary con- MENT.— ceed the Secretary’s salary. siders appropriate. ‘‘(1) PERFORMANCE PLAN AND REPORT.— ‘‘(d) COMPENSATION FOR MANAGERS AND (3) CONFIDENTIALITY OF REGISTRY.—If as ‘‘(A) PERFORMANCE PLAN.—(i) Each year, OTHER EMPLOYEES.— part of the program under paragraph (1) the consistent with the requirements of the Gov- ‘‘(1) IN GENERAL.—A senior manager report- Secretary requires or permits registration of ernment Performance and Results Act of 1993 ing directly to the Deputy Secretary for law enforcement officers, firefighters, or (GPRA), the Secretary and the Deputy Sec- Transportation Security may be paid at an emergency medical technicians who are will- retary for Transportation Security shall annual rate of basic pay of not more than ing to provide emergency services on com- agree on a performance plan for the suc- the maximum rate of basic pay for the Sen- mercial flights during emergencies, the Sec- ceeding 5 years that establishes measurable ior Executive Service under section 5382 of retary shall take appropriate actions to en- goals and objectives for aviation security. title 5, United States Code. sure that the registry is available only to ap- The plan shall identify action steps nec- ‘‘(2) BONUSES OR OTHER INCENTIVES.—In ad- propriate airline personnel and otherwise re- essary to achieve such goals. dition, senior managers can receive bonuses mains confidential. ‘‘(ii) In addition to meeting the require- or other incentives based on the Deputy Sec- (4) CONSULTATION.—The Secretary shall ments of GPRA, the performance plan shall retary for Transportation Security’s evalua- consult with appropriate representatives of clarify the responsibilities of the Secretary, tion of their performance in relation to goals the commercial airline industry, and organi- the Deputy Secretary for Transportation Se- in agreements. Total compensation cannot zations representing community-based law curity and any other agency or organization exceed 125 percent of the maximum rate of enforcement, firefighters, and emergency that may have a role in ensuring the safety base pay for the Senior Executive Service. medical technicians, in carrying out the pro- and security of the civil air transportation Further, the Deputy Secretary for Transpor- gram under paragraph (1), including the ac- system. tation Security shall establish, within the tions taken under paragraph (3). ‘‘(iii) The performance plan shall be avail- performance management system, a program (b) PROTECTION FROM LIABILITY.— able to the public. The Deputy Secretary for allowing for the payment of bonuses or other (1) IN GENERAL.—Subchapter II of chapter Transportation Security may prepare a non- incentives to other managers and employees. 449 of title 49, United States Code, is amend- public appendix covering performance goals Such a program shall provide for bonuses or ed by adding at the end the following new and indicators that, if revealed to the public, other incentives based on their performance. section: ‘‘(e) PERFORMANCE-BASED SERVICE CON- would likely impede achievement of those ‘‘§ 44944. Exemption of volunteers from liabil- TRACTING.—To the extent contracts, if any, goals and indicators. ity ‘‘(B) PERFORMANCE REPORT.—(i) Each year, are used to implement the Aviation Security ‘‘(a) IN GENERAL.—An individual shall not consistent with the requirements of GPRA, Act, the Deputy Secretary for Transpor- be liable for damages in any action brought the Deputy Secretary for Transportation Se- tation Security shall, to the extent prac- in a Federal or State court that arises from curity shall prepare and submit to Congress tical, maximize the use of performance-based an act or omission of the individual in pro- an annual report including an evaluation of service contracts. These contracts should be viding or attempting to provide assistance in the extent goals and objectives were met. consistent with guidelines published by the the case of an inflight emergency in an air- The report shall include the results achieved Office of Federal Procurement Policy.’’. craft of an air carrier if the individual meets during the year relative to the goals estab- SEC. 128. USE OF FACILITIES. such qualifications as the Secretary shall lished in the performance plan. (a) EMPLOYMENT REGISTER.—Notwith- prescribe for purposes of this section. ‘‘(ii) The performance report shall be avail- standing any other provision of law, the Sec- retary of Transportation shall establish and ‘‘(b) EXCEPTION.—The exemption under able to the public. The Deputy Secretary for subsection (a) shall not apply in any case in Transportation Security may prepare a non- maintain an employment register. (b) TRAINING FACILITY.—The Secretary of which an individual provides, or attempts to public appendix covering performance goals provide, assistance described in that para- and indicators that, if revealed to the public, Transportation may, where feasible, use the existing Federal Aviation Administration’s graph in a manner that constitutes gross would likely impede achievement of those negligence or willful misconduct.’’. goals and indicators. training facilities, to design, develop, or con- duct training of security screening per- (2) CLERICAL AMENDMENT.—The table of ‘‘§ 44943. Performance Management System sonnel. sections at the beginning of such chapter is ‘‘(a) ESTABLISHING A FAIR AND EQUITABLE SEC. 129. REPORT ON NATIONAL AIR SPACE RE- amended by adding at the end the following SYSTEM FOR MEASURING STAFF PERFORM- STRICTIONS PUT IN PLACE AFTER new item: ANCE.—The Deputy Secretary for Transpor- TERRORIST ATTACKS THAT REMAIN ‘‘44944. Exemption of volunteers from liabil- tation Security shall establish a perform- IN PLACE. ity.’’. ance management system which strengthens (a) REPORT.—Within 30 days of the enact- the organization’s effectiveness by providing ment of this Act, the President shall submit (c) CONSTRUCTION REGARDING POSSESSION for the establishment of goals and objectives to the committees of Congress specified in OF FIREARMS.—Nothing in this section may for managers, employees, and organizational subsection (b) a report containing— be construed to require any modification of performance consistent with the perform- (1) a description of each restriction, if any, regulations of the Department of Transpor- ance plan. on the use of national airspace put in place tation governing the possession of firearms ‘‘(b) ESTABLISHING MANAGEMENT ACCOUNT- as a result of the September 11, 2001, ter- while in aircraft or air transportation facili- ABILITY FOR MEETING PERFORMANCE GOALS.— rorist attacks that remains in place as of the ties or to authorize the possession of a fire- (1) Each year, the Secretary and Deputy Sec- date of the enactment of this Act; and arm in an aircraft or any such facility not retary for Transportation Security shall (2) a justification for such restriction re- authorized under those regulations. enter into an annual performance agreement maining in place. SEC. 131. ENHANCED SECURITY FOR AIRCRAFT. that shall set forth organizational and indi- (b) COMMITTEES OF CONGRESS.—The com- (a) SECURITY FOR LARGER AIRCRAFT.— vidual performance goals for the Deputy Sec- mittees of Congress specified in this sub- (1) PROGRAM REQUIRED.—Not later than 90 retary. section are the following: days after the date of the enactment of this

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.052 pfrm01 PsN: H01PT2 H7670 CONGRESSIONAL RECORD — HOUSE November 1, 2001 Act, the Administrator of the Federal Avia- (B) In the case of an aircraft having a max- ploy and oversee the usage of existing bulk tion Administration shall commence imple- imum certified takeoff weight of 12,500 explosives detection technology already at mentation of a program to provide security pounds or less, upon implementation of the airports for checked baggage. Not later than screening for all aircraft operations con- program required by subsection (b). 60 days after the date of enactment of this ducted with respect to any aircraft having a (3) ALIEN DEFINED.—In this subsection, the Act, the Administrator shall establish con- maximum certified takeoff weight of more term ‘‘alien’’ has the meaning given that fidential goals for— than 12,500 pounds that is not operating as of term in section 44939(f) of title 49, United (A) deploying by a specific date all existing the date of the implementation of the pro- States Code, as so added. bulk explosives detection scanners purchased gram under security procedures prescribed (d) APPROPRIATE COMMITTEES OF CONGRESS but not yet deployed by the Federal Aviation by the Administrator. DEFINED.—In this section, the term ‘‘appro- Administration; (2) WAIVER.— priate committees of Congress’’ means— (B) a specific percentage of checked bag- (A) AUTHORITY TO WAIVE.—The Adminis- (1) the Committee on Commerce, Science, gage to be scanned by bulk explosives detec- trator may waive the applicability of the and Transportation of the Senate; and tion machines within 6 months, and annual program under this section with respect to (2) the Committee on Commerce of the goals thereafter with an eventual goal of any aircraft or class of aircraft otherwise de- House of Representatives. scanning 100 percent of checked baggage; and scribed by this section if the Administrator SEC. 132. IMPLEMENTATION OF CERTAIN DETEC- (C) the number of new bulk explosives de- determines that aircraft described in this TION TECHNOLOGIES. tection machines that will be purchased by section can be operated safely without the (a) IN GENERAL.—Not later than September the Federal Aviation Administration for de- applicability of the program to such aircraft 30, 2002, the Assistant Administrator for ployment at the Federal Aviation Adminis- or class of aircraft, as the case may be. Civil Aviation Security shall review and tration-identified midsized airports within 6 (B) LIMITATIONS.—A waiver under subpara- make a determination on the feasibility of months. graph (A) may not go into effect— implementing technologies described in sub- (2) USE OF FUNDS.—For purposes of car- (i) unless approved by the Secretary of section (b). rying out this subtitle, airport operators Transportation; and (b) TECHNOLOGIES DESCRIBED.—The tech- may use funds available under the Airport (ii) until 10 days after the date on which nologies described in this subsection are Improvement Program described in chapter notice of the waiver has been submitted to technologies that are— 471 of title 49, United States Code, to recon- the appropriate committees of Congress. (1) designed to protect passengers, aviation figure airport baggage handling areas to ac- (3) PROGRAM ELEMENTS.—The program employees, air cargo, airport facilities, and commodate the equipment described in para- under paragraph (1) shall require the fol- airplanes; and graph (1), if necessary. Not later than 12 lowing: (2) material specific and able to automati- months after the date of enactment of this (A) The search of any aircraft covered by cally and non-intrusively detect, without Act, and annually thereafter, the Adminis- the program before takeoff. human interpretation and without regard to trator shall report, on a confidential basis, (B) The screening of all crew members, pas- shape or method of concealment, explosives, to the Committee on Commerce, Science, sengers, and other persons boarding any air- illegal narcotics, hazardous chemical agents, and Transportation of the Senate and the craft covered by the program, and their prop- and nuclear devices. Committee on Transportation and Infra- erty to be brought on board such aircraft, be- SEC. 133. REPORT ON NEW RESPONSIBILITIES OF structure of the House of Representatives, fore boarding. THE DEPARTMENT OF JUSTICE FOR the Government Accounting Office, and the (4) PROCEDURES FOR SEARCHES AND SCREEN- AVIATION SECURITY. Inspector General of the Department of ING.—The Administrator shall develop proce- Not later than 120 days after the date of Transportation, regarding the goals and dures for searches and screenings under the enactment of this Act, the Attorney General progress the Administration is making in program under paragraph (1). Such proce- shall report to the House Committee on the achieving those goals described in paragraph dures may not be implemented until ap- Judiciary, the Senate Committee on the Ju- (1). proved by the Secretary. diciary, the House Committee on Transpor- (3) AIRPORT DEVELOPMENT.—Section (b) SECURITY FOR SMALLER AIRCRAFT.— tation and Infrastructure, and the Senate 47102(3)(B) of title 49, United States Code, is (1) PROGRAM REQUIRED.—Not later than one Committee on Commerce, Science, and year after the date of the enactment of this Transportation on the new responsibilities of amended— Act, the Administrator shall commence im- the Department of Justice for aviation secu- (A) by striking ‘‘and’’ at the end of clause plementation of a program to provide secu- rity under this title. (viii); rity for all aircraft operations conducted SEC. 134. DEFINITIONS. (B) by striking the period at the end of with respect to any aircraft having a max- Except as otherwise explicitly provided, clause (ix) and inserting ‘‘; and’’; and imum certified takeoff weight of 12,500 any term used in this title that is defined in (C) by inserting after clause (ix) the fol- pounds or less that is not operating as of the section 40102 of title 49, United States Code, lowing new clause: date of the implementation of the program has the meaning given that term in that sec- ‘‘(x) replacement of baggage conveyor sys- under security procedures prescribed by the tion. tems, and reconfiguration of terminal lug- gage areas, that the Secretary determines Administrator. The program shall address TITLE II—DEPLOYMENT AND USE OF are necessary to install bulk explosive detec- security with respect to crew members, pas- SECURITY TECHNOLOGIES sengers, baggage handlers, maintenance tion devices.’’. Subtitle A—Expanded Deployment and Utili- (c) BAG MATCHING SYSTEM.—The Adminis- workers, and other individuals with access to zation of Current Security Technologies trator of the Federal Aviation Administra- aircraft covered by the program, and to bag- and Procedures tion shall require air carriers to improve the gage. SEC. 201. EXPANDED DEPLOYMENT AND UTILIZA- passenger bag matching system. Not later (2) REPORT ON PROGRAM.—Not later than TION OF CURRENT SECURITY TECH- than 60 days after the date of enactment of 180 days after the date of the enactment of NOLOGIES AND PROCEDURES. this Act, the Administrator shall establish this Act, the Secretary shall submit to the (a) IN GENERAL.—The Administrator of the goals for upgrading the Passenger Bag appropriate committees of Congress a report Federal Aviation Administration shall re- Matching System, including interim meas- containing a proposal for the program to be quire that employment investigations, in- ures to match a higher percentage of bags implemented under paragraph (1). cluding criminal history record checks, for until Explosives Detection Systems are used (c) BACKGROUND CHECKS FOR ALIENS EN- all individuals described in section 44936(a)(1) to scan 100 percent of checked baggage. The GAGED IN CERTAIN TRANSACTIONS REGARDING of title 49, United States Code, who are exist- Administrator shall report, on a confidential AIRCRAFT.— ing employees, at airports regularly serving basis, to the Committee on Commerce, (1) REQUIREMENT.—Notwithstanding any an air carrier holding a certificate issued by Science, and Transportation of the Senate other provision of law and subject to para- the Secretary of Transportation, should be and the Committee on Transportation and graph (2), no person or entity may sell, lease, completed within 9 months unless such indi- Infrastructure of the House of Representa- or charter any aircraft to an alien, or any viduals have had such investigations and tives, the Government Accounting Office, other individual specified by the Secretary checks within 5 years of the date of enact- and the Inspector General of the Department for purposes of this subsection, within the ment of this Act. The Administrator shall of Transportation, regarding the goals and United States unless the Attorney General devise an alternative method for background the progress made in achieving those goals issues a certification of the completion of a checks for a person applying for any airport within 12 months after the date of enactment background investigation of the alien, or security position who has lived in the United of this Act. other individual, as the case may be, that States less than 5 years and shall have such (d) COMPUTER-ASSISTED PASSENGER meets the requirements of section 44939(b) of alternative background check in place as PRESCREENING.— title 49, United States Code, as added by sec- soon as possible. The Administrator shall (1) IN GENERAL.—The Administrator of the tion 111 of this title. work with the International Civil Aviation Federal Aviation Administration shall re- (2) EXPIRATION.—The prohibition in para- Organization and with appropriate authori- quire air carriers to expand the application graph (1) shall expire as follows: ties of foreign governments in devising such of the current Computer-Assisted Passenger (A) In the case of an aircraft having a max- alternative method. Prescreening System (CAPPS) to all pas- imum certified takeoff weight of more than (b) EXPLOSIVE DETECTION.— sengers, regardless of baggage. Passengers 12,500 pounds, upon implementation of the (1) IN GENERAL.—The Administrator of the selected under this system shall be subject program required by subsection (a). Federal Aviation Administration shall de- to additional security measures, including

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.052 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7671 checks of carry-on baggage and person, be- ing Office, and the Inspector General of the the research, and propose a method for quan- fore boarding. Department of Transportation, on progress titatively assessing effective increases in se- (2) REPORT.—The Administrator shall re- being made in deploying recommended up- curity upon completion of the research pro- port back to the Committee on Commerce, grades. gram. At the conclusion of each grant, the Science, and Transportation of the Senate ‘‘(3) STUDY.—The Deputy Secretary for grant recipient shall submit a final report to and to the Committee on Transportation and Transportation Security shall conduct a the Federal Aviation Administration that Infrastructure of the House of Representa- study of options for improving positive iden- shall include sufficient information to per- tives within 3 months of the date of enact- tification of passengers at check-in counters mit the Administrator to prepare a cost-ben- ment of this Act on the implementation of and boarding areas, including the use of bio- efit analysis of potential improvements to the expanded CAPPS system. metrics and ‘‘smart’’ cards. Within 6 months airport security based upon deployment of Subtitle B—Short-Term Assessment and De- after the date of enactment of this Act, the the proposed technology. The Administrator ployment of Emerging Security Tech- Deputy Secretary shall report to the Com- shall begin awarding grants under this sub- nologies and Procedures mittee on Commerce, Science, and Transpor- title within 90 days of the date of enactment tation of the Senate and to the Committee of this Act. SEC. 211. SHORT-TERM ASSESSMENT AND DE- (c) BUDGET SUBMISSION.—A budget submis- PLOYMENT OF EMERGING SECURITY on Transportation and Infrastructure of the TECHNOLOGIES AND PROCEDURES. House of Representatives on the feasibility sion and detailed strategy for deploying the Section 44903 of title 49, United States and costs of implementing each identifica- identified security upgrades recommended Code, is amended by adding at the end the tion method and a schedule for requiring air upon completion of the grants awarded under following: carriers to deploy identification methods de- subsection (b), shall be submitted to Con- ‘‘(i) SHORT-TERM ASSESSMENT AND DEPLOY- termined to be effective.’’. gress as part of the Department of Transpor- MENT OF EMERGING SECURITY TECHNOLOGIES Subtitle C—Research and Development of tation’s annual budget submission. (d) DEFENSE RESEARCH.—There is author- AND PROCEDURES.— Aviation Security Technology ized to be appropriated $20,000,000 to the Fed- ‘‘(1) IN GENERAL.—The Deputy Secretary SEC. 221. RESEARCH AND DEVELOPMENT OF eral Aviation Administration to issue re- for Transportation Security shall rec- AVIATION SECURITY TECHNOLOGY. search grants in conjunction with the De- ommend to airport operators, within 6 (a) FUNDING.—To augment the programs fense Advanced Research Projects Agency. months after the date of enactment of this authorized in section 44912(a)(1) of title 49, Grants may be awarded under this section Act, commercially available measures or United States Code, there is authorized to be for— procedures to prevent access to secure air- appropriated an additional $50,000,000 for (1) research and development of longer- port areas by unauthorized persons. As part each of fiscal years 2002 through 2006 and term improvements to airport security, in- of the 6-month assessment, the Deputy Sec- such sums as are necessary for each fiscal cluding advanced weapons detection; retary for Transportation Security shall— year thereafter to the Federal Aviation Ad- (2) secure networking and sharing of threat ‘‘(A) review the effectiveness of biometrics ministration, for research, development, information between Federal agencies, law systems currently in use at several United testing, and evaluation of the following tech- enforcement entities, and other appropriate States airports, including San Francisco nologies which may enhance aviation secu- parties; International; rity in the future. Grants to industry, aca- (3) advances in biometrics for identifica- ‘‘(B) review the effectiveness of increased demia, and Government entities to carry out tion and threat assessment; or surveillance at access points; the provisions of this section shall be avail- (4) other technologies for preventing acts ‘‘(C) review the effectiveness of card- or able for fiscal years 2002 and 2003 for— of terrorism in aviation. keypad-based access systems; (1) the acceleration of research, develop- ‘‘(D) review the effectiveness of airport ment, testing, and evaluation of explosives The CHAIRMAN. Pursuant to House emergency exit systems and determine detection technology for checked baggage, Resolution 274, the gentleman from specifically, technology that is— whether those that lead to secure areas of Minnesota (Mr. OBERSTAR) and a Mem- (A) more cost-effective for deployment for the airport should be monitored or how explosives detection in checked baggage at ber opposed each will control 30 min- breaches can be swiftly responded to; and small- to medium-sized airports, and is cur- utes. ‘‘(E) specifically target the elimination of rently under development as part of the The Chair recognizes the gentleman the ‘‘piggy-backing’’ phenomenon, where an- Argus research program at the Federal Avia- from Minnesota (Mr. OBERSTAR). other person follows an authorized person tion Administration; Mr. OBERSTAR. Mr. Chairman, I through the access point. (B) faster, to facilitate screening of all yield myself 30 seconds. The 6-month assessment shall include a 12- checked baggage at larger airports; or I would like to express my great ap- month deployment strategy for currently (C) more accurate, to reduce the number of preciation and admiration to the Chair available technology at all category X air- false positives requiring additional security for the even-handed manner in which ports, as defined in the Federal Aviation Ad- measures; the Chair has conducted the debates, ministration approved air carrier security (2) acceleration of research, development, programs required under part 108 of title 14, testing, and evaluation of new screening keeping Members aware of the proper Code of Federal Regulations. Not later than technology for carry-on items to provide decorum and proper procedure. The 18 months after the date of enactment of this more effective means of detecting and identi- Chair has endeavored to maintain Act, the Secretary of Transportation shall fying weapons, explosives, and components order. conduct a review of reductions in unauthor- of weapons of mass destruction, including The Chamber now is assuming a spir- ized access at these airports. advanced x-ray technology; it very much akin to that which pre- ‘‘(2) 90-DAY REVIEW.— (3) acceleration of research, development, vails in most of the airports across this ‘‘(A) IN GENERAL.—The Deputy Secretary testing, and evaluation of threat screening country, a hushed atmosphere, a feel- for Transportation Security, as part of the technology for other categories of items ing of apprehension, feeling of uncer- Aviation Security Coordination Council, being loaded onto aircraft, including cargo, shall conduct a 90-day review of— catering, and duty-free items; tainty as passengers move through the ‘‘(i) currently available or short-term (4) acceleration of research, development, airport to the gate. We now move with deployable upgrades to the Computer-As- testing, and evaluation of threats carried on some sense of apprehension of where sisted Passenger Prescreening System persons boarding aircraft or entering secure the future of aviation lies. Within the (CAPPS); and areas, including detection of weapons, explo- hour we will decide. ‘‘(ii) deployable upgrades to the coordi- sives, and components of weapons of mass Mr. Chairman, I yield 2 minutes to nated distribution of information regarding destruction; the gentleman from New Jersey (Mr. persons listed on the ‘‘watch list’’ for any (5) acceleration of research, development, Federal law enforcement agencies who could MENENDEZ). testing and evaluation of integrated systems (Mr. MENENDEZ asked and was present an aviation security threat. of airport security enhancement, including ‘‘(B) DEPLOYMENT OF UPGRADES.—The Dep- quantitative methods of assessing security given permission to revise and extend uty Secretary for Transportation Security factors at airports selected for testing such his remarks.) shall commence deployment of recommended systems; Mr. MENENDEZ. Mr. Chairman, the short-term upgrades to CAPPS and to the (6) expansion of the existing program of re- Republican leadership thinks they can coordinated distribution of ‘‘watch list’’ in- search, development, testing, and evaluation dress up the people who work for these formation within 6 months after the date of of improved methods of education, training, private companies in fancy uniforms enactment of this Act. Within 18 months and testing of key airport security per- and put badges on them and that will after the date of enactment of this Act, the sonnel; and make people think they are federal- Deputy Secretary for Transportation Secu- (7) acceleration of research, development, ized. They think they can change the rity shall report to the Committee on Com- testing, and evaluation of aircraft hardening merce, Science, and Transportation of the materials, and techniques to reduce the vul- name of the bill and put federalization Senate and to the Committee on Transpor- nerability of aircraft to terrorist attack. in the title and that fixes its flaws. tation and Infrastructure of the House of (b) GRANTS.—Grants awarded under this Listen to what USA Today said, and Representatives, the Government Account- subtitle shall identify potential outcomes of I quote: ‘‘House GOP leaders insist on

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.052 pfrm01 PsN: H01PT2 H7672 CONGRESSIONAL RECORD — HOUSE November 1, 2001 protecting failed screening firms.’’ What does that mean? I quote from amendment, which is the same text of That is the bottom line. the case that defined that statute: the bill the Senate passed unanimously We have Federal officers at our na- ‘‘Status as a national of the United over 3 weeks ago. tional borders. We have Federal offi- States owing permanent allegiance can It has been some 7 weeks since secu- cers protecting the President. We have be created only by legislative or other rity at three of our major airports was Federal officers protecting us here in action of the Federal Government that breached, resulting in the hijacking of the Capitol, and that is the right way is not acquired by mere assertion of al- four planes and the tragic events that to do it. legiance.’’ unfolded on September 11. Following The most important role of the Fed- b 1800 the attacks, the Committee on Trans- eral Government is to protect its peo- portation and Infrastructure worked ple; but the Republican leadership is So citizenship for 5 years, surrep- swiftly, in a bipartisan way, to pass a saying we need Federal officers to pro- titiously brought before this House, is relief package for airlines, which I sup- tect us here in Washington, but the fly- what that law does, and they want us ported. But I said then and I believe ing public can have their security sold to create a second class citizenship tier now that no amount of money will sta- off to the lowest bidder, and that is in this country. Do not discriminate bilize the aviation industry over the outrageous. against citizens by nationalization. Re- long term unless we restore the con- The American public deserves the ject the Democrat leadership bill and fidence of the American flying public, same quality of protection we receive; let us get on and vote for a decent and that means getting security right, and I keep hearing these complaints piece of legislation this evening. and that means today. about unionization and government Mr. OBERSTAR. Mr. Chairman, I Families need to feel safe in order to employees, and personally I am sick of yield myself 10 seconds. buy tickets to go see grandma for it. Who do my colleagues think risked My colleagues cannot have it both Thanksgiving and business travelers their lives on September 11? Fire- ways. First our bipartisan bill was should feel confident to return to the fighters; police officers, first respond- criticized because it did not deal with skies to help our slowing economy. Mr. ers; pilots; flight attendants; govern- citizenship. Now it is too restrictive on Chairman, restoring confidence means ment workers, many; union workers, citizenship. In fact, nationals covers restructuring our current system to es- almost all. They were heroes. Heroes. citizens of the United States, or citi- tablish a seamless network of security Shame on anyone who says that union zens and nationals, and nationals of that has national standards and na- workers or government workers cannot American Samoa and Swains Island tional accountability. This amendment be trusted. under the law. does that, and, if passed, would avoid a I will tell my colleagues who cannot Mr. Chairman, I yield such time as he conference with the Senate and could be trusted: the companies who will cut may consume to the gentleman from be signed into law by the President to- every corner to save a dime so they can Rhode Island (Mr. KENNEDY). morrow. come in with the lowest bid. (Mr. KENNEDY of Rhode Island We need to regain the confidence of asked and was given permission to re- Recent polls indicate that, like na- the flying public, and there is only one vise and extend his remarks.) tional security, over 80 percent of the way to do that: get rid of the system Mr. KENNEDY of Rhode Island. Mr. American people believe that airport we have today, get profit motives out, Chairman, I rise to associate myself security should be a function of the put safety incentives in, and federalize with the remarks of the gentleman Federal Government. The Senate, in- our airport security. It is what we cluding 49 Republican Senators, have from Minnesota (Mr. OBERSTAR). Democrats propose in the substitute. It chosen to put the safety of the Amer- I am proud to rise today in support of the is what the American people are de- ican flying public above partisan poli- Oberstar substitute to the Aviation Security Bill manding. It is what they deserve so we tics. The House leadership should allow and urge all of my colleagues to support this never, ever again have a tragedy like their Members to do the same. sensible amendment. September 11. Mr. Chairman, I urge my colleagues The CHAIRMAN. Does the gentleman A everyone in this chamber knows, three weeks ago, the other body passed sensible to vote ‘‘yes’’ on the Oberstar amend- from Florida (Mr. MICA) seek the time ment and send the President this bill in opposition? bill to strengthen airline security by unanimous vote. It is our turn in the House of Representa- tomorrow. The American people are Mr. MICA. Yes, I do, Mr. Chairman. waiting. The CHAIRMAN. The gentleman tives to do the same. Mr. MICA. Mr. Chairman, I am from Florida is recognized for 30 min- The horrific events of September 11th pleased to yield 2 minutes to the dis- utes. changed our would forever. Today we have a tinguished gentleman from Idaho (Mr. Mr. MICA. Mr. Chairman, I yield 11⁄2 chance to address the aviation security issues minutes to the gentleman from Florida that were so tragically brought to our attention SIMPSON), also a member of our Sub- committee on Aviation. (Mr. DIAZ-BALART). that day. We cannot wait any longer to act. Mr. DIAZ-BALART. Mr. Chairman, I My colleague from Minnesota has crafted a Mr. SIMPSON. Mr. Chairman, it has ask my colleagues to reject the Demo- substitute that will address our most critical been said the first casualty of any war crat leadership bill, among other rea- aviation needs in a thorough and prudent is the truth. After listening to some of sons because it discriminates against fashion. It places responsibility for aviation se- the rhetoric today on this floor, much American citizens who are naturalized curity with the Federal Government so that we of it embarrassingly irresponsible rhet- if they have not been citizens of the have guaranteed that professional law en- oric, truth truly has been wounded United States for 5 years. It creates a forcement agents are in charge of securing today. category of second-class American citi- our airplanes. It strengthens baggage screen- Anyone listening to this debate zens, and we should not be creating ing, background checks, cockpit security, and would think that there are only two second-class citizens in this body. We flight school training checks, as well as sev- options, the Oberstar amendment, should reject that bill. eral other important provisions. which would Federalize the employees They try to do it surreptitiously. I strongly support this substitute, and hope and, therefore, we would have a secure They try to hide their discrimination, that my colleagues will pass this bill, so that airport system; or leaving everything but it is discrimination nonetheless. If we may expeditiously send it to President’s as it existed prior to September 11, as we go to page 29 of their bill, they do desk. if the underlying bill did nothing to not call it citizen. They say one has to I urge all my colleagues to support the improve security. The fact is the un- be a national of the United States. Oberstar amendment. derlying bill improves security. Then they go to a section of the law, 8 Mr. OBERSTAR. Mr. Chairman, I My colleagues show us statistics U.S.C. 1101(a)(22), for at least 5 years. yield 2 minutes to the gentlewoman about the turnover rate of screeners Let us go to that law. A person has to from California (Mrs. TAUSCHER). and about the pay rates of screeners, either be a citizen of the United States, Mrs. TAUSCHER. Mr. Chairman, I and so forth, as if that would be the or they have to be a person who, thank the distinguished ranking mem- case if we were to use private contrac- though not a citizen, owes permanent ber for yielding me this time, and I rise tors in appropriate places. I can tell allegiance. in strong support of the Oberstar my colleagues that I live next to the

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.144 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7673 Idaho National Engineering Labora- to make sure these losses don’t continue. Yet The system has serious gaps in it and tory, the lead nuclear engineering lab- here we are more than 50 days after the serious holes and it is time that we do oratory in the Nation. Guess what? events of September 11 and we have just Ganske-Oberstar, the bipartisan bill, They have private contractors doing started to discuss the very real concern of because it acknowledges that it is a the security there, and they do a fan- aviation security here in the House of Rep- function of Federal law enforcement tastic job. I would dare anyone to try resentatives. that has to be enacted at the airports. to get on the grounds of the National To both prevent future attacks, and to re- Mr. Chairman, we rely on the Federal Engineering Laboratory. store the public’s confidence in flying we must Government to guard our borders, the Let me tell my colleagues what this take steps to improve the way security is un- Border Patrol; to police our coasts and bill does not do, what the Oberstar dertaken at our airports and in our airplanes. coastways, the Coast Guard; national amendment does not do. First of all, it We cannot just make suggestions and hope parks, the Park Police; and even for slows down the hiring of new screeners that the same security companies that have Members and visitors at the U.S. Cap- and air marshals. It gives 9 months to committed gross violations of current law do a itol, the U.S. Capitol Police. So this is hire new screeners and air marshals. better job in the future. This is a very real not an extraordinary thing that we are The Young-Mica bill makes that hap- problem and it demands a real solution. doing, as critics of this proposal have pen in 3 months. We need security as We need to change existing law, and we said. quickly as possible, not a year from must take steps to improve cockpit security, to We need all of this. We are very late now, not 9 months from now. Hopefully limit access to the cockpit and to strengthen in action, and we cannot let it stall quicker than 3 months from now, but cockpit doors. We need to improve the training any longer. I might make the point we do it much quicker in our bill. of flight crews and pilots to deal with potential that in the Senate this bill was passed Oberstar does not give the Under Sec- hijacking attempts. We need to conduct back- on a bipartisan basis. This is not a par- retary authority to expedite rule- ground checks on all employees with access tisan thing. It was passed in the Senate making. It takes an average of 3.8 to secure areas as well as those seeking fly- with the support of TRENT LOTT and 48 years to write a rule in the Department ing lessons on large aircraft or flight simula- other Republicans. Let us protect our of Transportation. How quickly do my tors. We need to screen 100 percent of all people and our Nation. colleagues think we will have those checked bags at our airports. The technology Mr. Chairman, I rise in strong support of the rules written in order to improve secu- exists right now to perform this basic task, yet amendment in the nature of a substitute of- rity at our airports if we do not have it still isn’t being done. fered by the gentleman from Minnesota. I want expedited rulemaking, which the Ober- Most importantly, we need to professionalize to thank Mr. OBERSTAR and Mr. GANSKE for star amendment does not have? this industry to make sure the job is done their steadfast leadership on this critically im- Lastly, the Oberstar substitute al- right. The companies responsible for aviation portant issue. I also would like to commend lows the Attorney General to waive all security right now cannot be trusted to obey Chairman DON YOUNG of the Transportation laws applicable to employees. Not just current laws. They’re hiring felons and illegal Committee for his commitment to protecting the civil service laws, the substitute immigrants and are failing to conduct the the American people. waives the veterans preference, labor background checks required under current I believe the House is being asked to laws, worker safety laws, civil rights law. Current screeners are missing an unac- choose between two constructive proposals laws, and worker protection laws. The ceptable number of threat objects in tests con- that address issues we should have ad- Young-Mica bill takes a more targeted ducted by the FAA. We cannot leave the dressed years ago: approach by assuring worker perform- same failing companies in charge of this im- Both bills would expand the federal air mar- portant task and expect the results to change. ance without waiving all of the em- shal program; We must professionalize this industry, and to ployment laws. Both bills require aircraft cockpit doors be I urge my colleagues to vote against do so we must federalize it. strengthened and other cockpit and cabin se- I urge a ‘‘yes’’ vote on the Oberstar-Ganske the Oberstar substitute and support the curity measures be implemented; substitute. Both bills would establish further security underlying bill. Mr. OBERSTAR. Mr. Chairman, I Mr. OBERSTAR. Mr. Chairman, I measures for secure areas of airports; yield 2 minutes and 20 seconds to the Both bills require that armed federal law en- yield myself 10 seconds to simply point gentlewoman from New Jersey (Mrs. forcement officers be placed at all screening out the reality of the pending com- ROUKEMA). stations; mittee language. Not later than 3 (Mrs. ROUKEMA asked and was Both bills establish strict employment, train- months the Under Secretary shall as- given permission to revise and extend ing and performance standards for screening sume civil aviation security and func- her remarks.) personnel, with screeners being prohibited tions with a schedule to be developed Mrs. ROUKEMA. Mr. Chairman, I from striking and subject to firing for poor work by the Secretary of Transportation. It rise in strong support of this amend- performance. does not say anything that the gen- ment in the nature of a substitute, and Both bills require all baggage—including tleman referred to. I want to commend both the gentleman checked baggage—be screened; Mr. Chairman, I yield such time as he from Minnesota (Mr. OBERSTAR) and Both bills mandate that background checks may consume to the gentleman from the gentleman from Iowa (Mr. GANSKE) be performed on foreign nationals and others New Jersey (Mr. HOLT). for their bipartisan approach and seeking flying lessons at U.S. flight schools; (Mr. HOLT asked and was given per- steadfast leadership on this very im- However, on the key issue of ultimate re- mission to revise and extend his re- portant issue. sponsibility for security, the Ganske-Oberstar marks.) Now, I must admit that both these amendment is bipartisan and superior. Mr. HOLT. Mr. Chairman, I rise in bills are constructive. They deal with Mr. Chairman, every Member of this House support of the Oberstar bipartisan sub- baggage claims, including baggage climbs on an airplane at one of our airports stitute. check claims being screened, including with regularity. Each and every one of us has Mr. Chairman, earlier this year I voted further security measures for secure horror stories about security lapses they wit- against the airline bailout bill. I voted against areas at airports. I will not go into all nessed. it not because I didn’t think that we needed to of that. They are good. But, clearly, Since September 11, we continue to hear take steps to insure the viability of our airline the Oberstar-Ganske bill is far superior and read stories about disturbing reports industry, but because that flawed piece of leg- when we get to the responsibility of se- about the inefficiencies and inffectiveness of islation didn’t address the most important con- curity at the airports, and I want to the security at our airports. Passengers are cern of all for the airlines—safety. If we want stress this. still carrying loaded firearms on a plane. Pri- to revitalize the airline industry we have to get We continue to hear stories and dis- vate security firms employing felons. Pas- people back on the planes. We cannot do this turbing reports about the inefficiency sengers walking around security checkpoints. unless we reassure them about the security of and ineffective security at our airports, Security personnel falling asleep at their posts. the airlines. It is clear that people do not feel even since September 11. The stories go The uneven-ness of security procedures from safe flying. Just today, we received informa- on and on, including loaded firearms on airport to airport. The list goes on and on. tion that Delta Airlines has lost $295 million a plane just this past week. The point One thing can be said for terrorists—they and United has lost $1.16 billion. If we really is that we have to start thinking out- are resourceful. Not many people thought be- want to help out the airline industry, we have side the box, as this bill does. fore September 11 that airliners could do so

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 9920 E:\CR\FM\K01NO7.148 pfrm01 PsN: H01PT2 H7674 CONGRESSIONAL RECORD — HOUSE November 1, 2001 much damage to America. But the terrorists principles, family and medical leave, and the other wing said economic re- did. Federal labor-management relations covery. Not many people thought four flights could statutes, the Fair Labor Standards On September 11, we paid a very high be hijacked simultaneously. But the terrorists Act, and the whistleblower protections. price in human lives when planes went did. If a Republican brought an amend- down. Since then we have been paying It’s time we started thinking outside of the ment calling for the creation of a new the price in jobs and empty airline box. Clearly, the system we have in place Federal workforce that is going to be seats. The planes are up, but 20 percent today has serious holes. It’s time to change larger than the workforce at the De- of the passenger loads is down and 40 the culture at airports. It’s time to acknowledge partment of Labor, larger than the percent of the revenue is down. Unless that this is a function of law enforcement—fed- workforce at three other Cabinet level we help people conquer the new fear of eral law enforcement—with all the weight, ex- agencies and tried to exempt them flying, more planes will be grounded perience, and know-how that brings with it. from all these Federal laws, my Demo- and more jobs lost. Ganske/Oberstar the bipartisan bill does this. crat colleagues would be up in arms. September 11 taught us that we must It’s time to upgrade the training, the pay, the The unions would be going berserk. I not have one standard of personal safe- working conditions, and the supervision of am amazed that this amendment has ty in the air and another standard on those who provide this essential security been crafted this way. the ground. The average American has screening. Now, I assume my colleagues are ex- just one question for us this evening, With all due respect to Secretary Mineta pecting the Attorney General to volun- and that is are we doing everything hu- manly possible to maximize safe air and the hardworking people at the Transpor- tarily apply all these protections. I travel. Sadly, not with the Republican tation Department, it’s time to turn this function would just like to point out that the bill. over to a law enforcement arm of the United debate is not between doing nothing We cannot make government ac- States government. and my colleagues’ proposal. The de- countable for the people’s safety by Then, if there are failures, we know exactly bate is between the Oberstar amend- cloaking a private employee in red, where to point the finger. And frankly, the ment and I think a very, very good pro- white and blue. If it quacks like a con- American people will look right at us . . . as posal that is modeled on the European tractor it cannot walk like a law en- they should. experience, where they have tried to forcement officer. There is only one Mr. Chairman, we rely on the federal gov- federalize their workforce. way to have one system of care and ac- ernment to guard our borders (Border Patrol), Let me just close out by quoting countability coast to coast and that is police our coasts and waterways (Coast from a Washington Post survey of Fed- with one Federal employer. Guard), to protect our National Parks (Park eral employees. Only 30 percent of Fed- My good Republican friends are fond Police), to ensure the security of this Capitol, eral employees, and my father was a of saying that the only indispensable our Members and our visitors (U.S. Capitol retired Federal employee, believe the function of government is national se- Police). Federal Government does an effective curity. For heaven’s sake, do not cop Our war-fighting duties fall to the federal job disciplining poor performing em- out on national security in the air for government. My Colleagues, we are at war! ployees. the American people. Support the bi- And we should not fall back on the same old I think what the American people partisan Senate bill and substitute. system with the same old people to ensure want is the most effective protections Mr. MICA. Mr. Chairman, I am security of our skies. that we can put forward, and this pro- pleased to yield 11⁄2 minutes to the gen- Mr. Chairman, as we stand here today, we posal creates some federalization of the tleman from Maryland (Mr. are very late. The murderous attacks on the security forces. To federalize all of GILCHREST), one of our senior members World Trade Center, the Pentagon and un- them, and in this fashion, in this on the Committee on Transportation known targets in the Washington area—at- amendment, baffles me. Vote against and Infrastructure. tacks where the weapons of choice were four this thing. Mr. GILCHREST. Mr. Chairman, I fuel-ladened commercial airliners—occurred Mr. OBERSTAR. Mr. Chairman, I thank the gentleman for yielding me nearly seven weeks ago. Since that time, we yield myself 30 seconds. this time. have seen Americans come to consider flying Mr. STRICKLAND. Mr. Chairman, I will say to the gentlewoman from as a travel means of last resort. We have will the gentleman yield? the District of Columbia, having spent heard the Attorney-General and the FBI issue Mr. OBERSTAR. I yield to the gen- weeks looking into this issue, not as a two warnings of imminent terrorist attack. tleman from Ohio. Republican, not as a Democrat, but as We are very late. The American people Mr. STRICKLAND. Mr. Chairman, I someone who wants both wings to say want action. The American people deserve ac- rise today to engage my distinguished passenger safety, someone who truly tion. colleague from Minnesota in a colloquy believes that it is keen that the Fed- Passage of the Oberstar amendment means to clarify one section of this bill, sec- eral Government has responsibility for this legislation goes right to the President’s tion 108, relating to the screening of the safety and security of American desk. This weekend we heard Chief of Staff passengers and property. citizens, that I also truly believe it is Andy Card indicate that the President will sign Am I correct in my understanding the responsibility of the Federal Gov- this bill—the same bill that was approved by that section 108 only applies to the ernment to provide security at our Na- tion’s airports. the Senate 100–0. The same bill that was screening of passengers and property Now, why are we here today and not supported by Trent Lott and 48 other Repub- that will be placed aboard passenger 3 weeks ago? Because it took the com- licans. aircraft? mittee time. It took myself visiting My Colleagues, time is wasting. Pass the Mr. OBERSTAR. Reclaiming my the Port of Baltimore, BWI Airport, Oberstar-Ganske amendment. Send this bill to time, Mr. Chairman, I would advise the our bridges, and all those vulnerable the President. Protect the American people gentleman that his understanding is areas in our State, which includes nu- and protect them now! Protect our Nation. correct. clear power plants, which includes Fed- Mr. MICA. Mr. Chairman, I am Mr. STRICKLAND. I thank the gen- eral buildings, and includes a whole pleased to yield 2 minutes to the gen- tleman for that clarification, Mr. array of other things. So this bill, in tleman from Florida (Mr. WELDON), Chairman. my judgment, after talking to the chairman of the House Subcommittee Mr. OBERSTAR. Mr. Chairman, I am Coast Guard, the CIA, the FBI, Cus- on Civil Service. pleased to yield 2 minutes to the dis- toms, INS, airport security, State po- Mr. WELDON of Florida. Mr. Chair- tinguished gentlewoman from the Dis- lice, you name it, it is my considered man, I had legal counsel review the leg- trict of Columbia (Ms. NORTON). judgment, after listening to them, that islation we are debating right now at Ms. NORTON. Mr. Chairman, I thank the Federal Government needs to be re- the Subcommittee on Civil Service. the gentleman for yielding me this sponsible in this case for airport secu- The way this amendment is drafted it time. rity. exempts these new Federal employees Mr. Chairman, there is a lot of, if my from the Veterans Preference Act, the colleagues will forgive me, flying on b 1815 civil rights laws, the Rehabilitation the vote on the Oberstar substitute. It What does that mean? That means Act, the Age Discrimination Act, merit is as if one wing said passenger safety that we want to make sure that behind

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.069 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7675 every screener is a Federal agent. In Mr. Chairman, I support the Ober- privatize the Secret Service protection of the some cases every screener will be a star-Ganske Competing Amendment. It President while we are at it. Why should Con- Federal employee, a Federal agent; and is the best of the two proposals. gress and the President be protected by fed- in some cases the baggage handlers will Mr. Chairman, both of my older brothers are eral employees, while the rest of the country’s also be in that category. But be sure competent, experienced, master pilots with security is provided by often poorly paid, poor- that every bag is going to be screened. thousands of flight hours. One flew Hueys and ly trained ‘‘rent-a-cop’’ outfits? The Federal Government will provide Cobra Army helicopters. Another brother is a Airport security is a national law enforce- security for this system in the same former aircraft carrier fighter pilot who flew A– ment function and cannot be subject to cost- manner that the Federal marshals pro- 7’s off the U.S.S. Enterprise. Today, he is a cutting measures that have fostered the poor vide security for our nuclear power 757 captain with a major airline. standards that have contributed to serious se- plants. So what we do here today holds an added curity lapses. Mr. OBERSTAR. Mr. Chairman, I personal significance and meaning for me and The Oberstar-Ganske amendment would do yield 2 minutes to the gentleman from my family. more than just federalize the mission of bag New Jersey (Mr. SMITH). After jets and planes went back into the sky screeners and airline security personnel. It (Mr. SMITH of New Jersey asked and following the horrific tragedy of September would significantly expand the Federal Air was given permission to revise and ex- 11th, he—and his wife, who is a flight attend- Marshals program and provide for the manda- tend his remarks.) ant—courageously did their jobs. They—like tory training of flight and cabin crews to deal Mr. SMITH of New Jersey. Mr. Chair- many of their air crew colleagues—braved with aircraft threat conditions. It authorizes $50 man, both of my older brothers are flight despite the fact that serious safety flaws million annually over the next five years for re- competent, experienced master pilots remained. We can change that today. The pi- search in security technologies and $20 million with thousands of flight hours. One lots and aircrews—like the police, fire, and for the FAA to issue research grants. This flew Hueys and Cobra Army heli- emergency responders at ground zero—are amendment also allows the Department of copters; another brother is a former heroes. We owe them a great debt of grati- Justice to determine whether federal or state aircraft fighter pilot who flew A–7s off tude, admiration and respect. and local law enforcement personnel should There is no doubt in my mind whatsoever the USS Enterprise. Today he is a 757 be employed at our smaller airports. The that both sides of the aisle, and both sides of captain with a major airline. What we amendment requires stringent background the approach to ensuring aviation safety, are do today holds an added personal sig- checks for current employees that have ac- fully committed and eager to protect every nificance for me and my family. cess to secure areas at airports. The bill also flight crew and passenger in America. would allow the pilot, co-pilot, or flight engi- After the jets and planes went back To suggest otherwise is pure demagoguery. into the sky following the horrific neer to carry firearms after the successful I assume good will on both sides. completion of a comprehensive training pro- tragedy of September 11, he and his The Oberstar-Ganske amendment, which I wife, who is a flight attendant, coura- gram; it would require the strengthening of have cosponsored as H.R. 3165, is a com- cockpit doors and locks; and it includes provi- geously did their jobs. They, like many prehensive attempt to improve out nation’s air- other air crews, braved flight despite sions that would call for criminal history and line security. We cannot allow any of the past background checks for students seeking flight the fact that serious flaws in aircraft deficiencies in the screening of passengers security remained. We can change that training on certain classes of airports. and property to continue. The past problems The public’s confidence in air travel, badly today. The pilots and air crews, like with unstructured and mostly private aviation shaken by the September 11th attacks and the police, fire and emergency ‘‘first security systems now in place at our airports events afterward, must be restored. The Ober- responders’’ at ground zero are heroes. must be scrapped, replaced, and repaired. star Amendment will accomplish this goal. It We owe them a tremendous debt of The current system is broken. Unfortunately, will assist in the stabilization and recovery of gratitude, admiration, and respect. the private security systems have not in the our airlines and related industries. This There is no doubt in my mind what- past, and certainly cannot now be expected to amendment will provide the level of security soever that on both sides of the aisle deal with the new magnitude of terrorist the American people deserve. Mr. Chairman, and both sides of the approach to en- threats America faces. Everyday brings news we cannot continue with a system that could suring aviation safety, Members are of some new incident where somebody with a again put our national security and the lives of fully committed to protecting every box cutter, knife, or gun manages to walk onto Americans at risk. flight crew and passenger in America. an airplane. Last week, a man flying out of Mr. MICA. Mr. Chairman, I yield my- To suggest otherwise is demagoguery. I New Orleans International Airport boarded a self 10 seconds just in response. assume goodwill on both sides. Boeing 737 with a loaded handgun in his brief- Mr. Chairman, we have 323 INS in- The current aviation security system case. He went right through airport security spectors at the Canadian border, but is broken big time. The private sector undetected. Why can’t we just admit that while we will have 31,000 Federal screening system that we have had in the past, the private sector does many things well, they agents. and I would submit, even with federal are just not up the task of airport security? Mr. Chairman, I yield 11⁄2 minutes to ‘‘supervision’’ going forward is likely How many more guns have to get onto aircraft the gentleman from Florida (Mr. to be less than the optimum. The Pri- before we face reality? FOLEY). vate Sector may not be up to the chal- When it comes to the overriding and para- Mr. FOLEY. Mr. Chairman, let me lenge of dealing with the new mag- mount interests of protecting American lives quote Ronald Reagan: ‘‘Too often char- nitude of terrorist threats that Amer- and our national security, I believe that we can acter assassination has replaced debate ica faces. When it comes to the over- trust and count on federal workers. They have in principle here in Washington. De- riding and paramount interest of pro- proven themselves at the Defense Depart- stroy someone’s reputation, and you do tecting American lives and our na- ment, and at our borders with the Customs not have to talk about what he or she tional security, I believe we can and Service and the Border Patrol. We don’t con- stands for.’’ must count on a professionally trained tract these jobs out because they are too im- I have not heard one Republican on and maintained workforce. Neither bill portant to leave in the hands of the private my side of the aisle talk about keeping is a panacea. Neither bill guarantees sector. The job of protecting 96,000 miles of the status quo. Each and every one of success; but highly trained Federal em- U.S. land, air, and sea borders and more than us has family that fly on airplanes, and ployees give us the best shot. I would 300 ports of entry is entrusted each day to the we are concerned about their safety. point out that at the Department of 20,000 dedicated employees of the U.S. Cus- But if one listens to the other side of Defense, at our borders with the Cus- toms Service. The job of protecting our own the aisle, we are not interested in em- tom Service and with the Border Pa- security right here in our offices and on this ploying top-notch people. Indeed, we trol, we count on them to provide that House floor is performed by the very capable are. kind of protection. The job of pro- and dedicated federal employees of the Cap- Mr. Chairman, in Palm Beach Coun- tecting 96,000 miles of land, sea and air itol Police Force. ty, I would like to be able, with the at our borders, and more than 300 ports I ask my colleagues this question: if private President’s direction, to hire the Palm of entry is entrusted each day to dedi- security firms are so great, why not go with Beach County Sheriff’s Department, cated employees of the U.S. Customs private security firms at the Customs Service uniformed law enforcement agents, Service. or the Capitol Police Force? Maybe we should FOP and PBA members. I like the

VerDate 13-OCT-2001 00:24 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.156 pfrm02 PsN: H01PT2 H7676 CONGRESSIONAL RECORD — HOUSE November 1, 2001 union, and I like supporting unionized What we need are federal officers at bag- rather on what caused the problem in the police and firefighters. They could be gage screening checkpoints who have the first place. on the job in a matter of weeks. They The inadequacies of our aviation security benefit of experience, rigorous training, and screening are the result of a deeply flawed could be given the authority to do access to integrated law enforcement govern- system caused by the collective failure of that. We are not suggesting to keep ment databases. the government and the airlines to provide a these little groups of people who are Mr. MICA. Mr. Chairman, I yield 11⁄2 structure that is adequately funded and con- now working the airports. That is inad- minutes to the gentleman from Ten- tains provisions for accountability. equate. That is unacceptable. The nessee (Mr. WAMP). These problems cannot be explained simply Young-Mica bill does not allow for (Mr. WAMP asked and was given per- by pointing a finger at private-sector screen- that. mission to revise and extend his re- ing personnel. Rather, they are the result of Let us not cloud the debate about the government—at the urging of the air- marks.) lines—leaving the responsibility up to the in- one side not being concerned about pas- Mr. WAMP. Mr. Chairman, this is not dividual airports and airlines, which in turn senger safety and the other side a partisan issue, even though it is di- demand private bid packages that force con- ramping up. I have heard Members vided close to partisan lines. As a mat- tractors to pay hourly wages barely competi- praise the Border Patrol, and they are ter of fact, one of my most distin- tive with fast-food hamburger chains. doing an outstanding job; but somehow guished constituents is a man named As a member of the White House Commis- there are 7 million illegals in this Jim Hall, who served for 6 years as the sion on Aviation Safety and Security during my tenure as chairman of the National country that got through our borders. chairman of the National Transpor- The terrorist who struck the World Transportation Safety Board, I toured and tation Safety Board under President studied airport-security programs at several Trade Center was here on an over- Clinton. He actually is the foremost domestic and international airports. It was stayed visa, the job of INS. They did authority on airline security in the apparent then, as it has become painfully so not find him and remove him. country, and earlier this week he wrote now, that the American system was woefully I have a pestilence in Florida, citrus an editorial in support of the flexi- inadequate. canker, that is supposed to be stopped bility to contract out the security in A multitude of recommendations were by the USDA inspection teams at our made to begin improving the safety of our the airports. air transportation system, including increas- ports; but I have millions of dollars of Mr. Chairman, I include for the damage of our crops because we did not ing the professionalism of passenger screen- RECORD his editorial, but I also want to ers. Although some have been implemented, stop it, all by Federal employees. I read a portion. He says, ‘‘While there more work needs to be done. think we can do better. Do not say it is are persuasive arguments being made As part of the multifaceted response to the a panacea for safety. on both sides of this issue, I believe Sept. 11 tragedies, the Senate has approved Mr. OBERSTAR. Mr. Chairman, I legislation that would make preboard- that private sector contractors are yield 1 minute to the gentlewoman screeners federal employees. The House of fully capable of handling the job if from Nevada (Ms. BERKLEY). Representatives, meanwhile, is preparing to (Ms. BERKLEY asked and was given there is a system of government over- debate the status of screeners as part of its permission to revise and extend her re- sight that will provide adequate levels version of aviation-security legislation. of funding to put in place the newest Many House conservatives and moderates marks.) are opposed to staffing passenger-screening Ms. BERKLEY. Mr. Chairman, it is technology and to implement a posi- tive bag-match program. It also must posts with a new cadre of federal workers. imperative that we pass an aviation se- While there are persuasive arguments curity package today that will make ensure high levels of preemployment being made on both sides of this issue, I be- the skies safer. If the images of Sep- screening, ongoing training and, most lieve that private-sector contractors are tember 11 have taught us anything, it important, accountability. fully capable of handling the job if there is a is that aviation security is national se- ‘‘There are many examples of the ef- system of government oversight that will curity. Restoring the public’s con- fective uses of private contractors in provide adequate levels of funding to put in place the newest technology and to imple- fidence in aviation safety and getting high security areas. The Nuclear Regu- latory Commission, for example, allows ment a positive bag-match program. It also people back in the planes are ex- must ensure high levels of pre-employment tremely important to Las Vegas and the use of private security personnel to screening, ongoing training and, most impor- other cities that depend on tourism. In safeguard the Nation’s nuclear reac- tant, accountability. Las Vegas, hotel occupancy fell to 40 tors, materials and waste facilities. There are many examples of the effective percent, and 240 conventions canceled This approach succeeds because private uses of private contractors in high security after the attacks. Nearly 15,000 workers contractors operate under an oversight areas. The Nuclear Regulatory Commission, have been laid off from our hospitality system that holds them to high profes- for example, allows the use of private secu- sional standards and does not force rity personnel to safeguard the nation’s nu- industry alone. clear reactors, materials and waste facili- The longer it takes to implement ef- bargain basement competitive bidding. ties. This approach succeeds because private fective security measures in our air- ‘‘The point is that the litmus test on contractors operate under an oversight sys- ports, the longer people will stay out of the best way to increase aviation secu- tem that holds them to high professional the air and the longer people will stay rity should not be on whether airport standards and does not force bargain base- away from our tourist destinations. screeners are Federal employees. Rath- ment competitive bidding. The point is that Businesses will continue to suffer, and er, it should be on which system has the litmus test on the best way to increase unemployment will continue to rise. the best chance of succeeding and guar- aviation security should not be on whether The Senate passed this aviation secu- airport screeners are federal employees. anteeing security over the long run.’’ Rather, it should be on which system has the rity bill unanimously, 100 to zero. It is Mr. Chairman, he knows this issue as best change of succeeding and guaranteeing time that the House answers the call of well as anybody, and he knows that the security over the long run. Only through a our constituents who are demanding best system is the system in Great systemwide approach can we ensure the airline security by passing this Demo- Britain. He recommends that system. timely implementation of technology and cratic substitute. The referenced article is as follows: the highest level of security for all Ameri- cans. One role of the federal government that we HOW TO IMPROVE U.S. AIR SECURITY can all agree on is that the government has a I believe the solution lies in a public-pri- (By Jim Hall) vate partnership that puts together the ad- responsibility to ensure our national security. A very important debate is taking place in vantages of both. The best model for this can We would never privatize our military or our Congress on the issue of strengthening com- be found in the United Kingdom. Under the Border Control agents. Yet we still contract out mercial aviation security. Unfortunately, British system, either private-sector con- our aviation security to the lowest bidder. much of it is centered on the question of tractors or airport personnel perform pre- Airport screeners are the front line of law whether pre-board screening organizations at board passenger screening under strict gov- enforcement in our airports. The current sys- the nation’s airports should be completely ernment oversight. They are held to very tem of contracting out to the lowest bidder is federalized. high standards. The system works. While the sometimes partisan debate over Regardless of what Congress decides on unacceptable and irresponsible. Private com- federalizing airport screeners is well-in- this particular issue, it ultimately must ad- panies pay their employees minimum wage, tended, it has in my view focused on the dress the aviation-security system as a hire employees without conducting back- wrong subject. The main focus should not be whole. The responsibility for implementing ground checks and provide their employees on whether screeners should be government this new system and ensuring that new regu- minimal training. employees or private contract workers, but latory standards are met should be placed in

VerDate 13-OCT-2001 00:24 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.158 pfrm02 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7677 the new Office of Domestic Security, where Mr. SHADEGG. Mr. Chairman, we the substitute. Let us go to conference. clean lines of accountability could be estab- owe the American people the most safe We owe the American people and the lished. It should not be buried within the and secure air system in the world. We victims of September 11 the best pos- multilayered bureaucracies found in the de- partments of justice and transportation. Ad- owe them a fair debate. This debate has sible bill and nothing less. ditionally, I believe an independent board or been focused on the current system, Mr. OBERSTAR. Mr. Chairman, I agency that would function much like the but the Young-Mica bill rejects the yield such time as he may consume to NTSB should be created that would serve as current system. the gentleman from North Carolina an integral part of a new system of checks Under the current system, responsi- (Mr. ETHERIDGE). and balances. It in essence would be a watch- bility for security is with airlines and (Mr. ETHERIDGE asked and was dog on behalf of the American public regard- private contractors. Under the Young- given permission to revise and extend ing aviation security. The U.S. aviation safety system has been a Mica bill, it is with the Federal Gov- his remarks.) model for the world because of the hard work ernment. Mr. ETHERIDGE. Mr. Chairman, I of FAA regulators and the dedicated employ- Under the current system, training is thank the gentleman for yielding me ees of the NTSB, who continually monitor with the airlines and private contrac- this time. the system through investigations of acci- tors. Under the Young-Mica bill, it Mr. Chairman, I support the Demo- dents and incidents. The independent safety must be done by the Federal Govern- cratic substitute in the interest of the board has never been afraid to speak out to ment. American people. protect the interest of the traveling public. Under the current system, the test- Mr. OBERSTAR. Mr. Chairman, I There needs to be a similar independent voice to ensure that those responsible for ing of the competency of screeners yield 1 minute to the gentleman from aviation security are held accountable. probably is not done at all; but when it Iowa (Mr. BOSWELL). As it deliberates, Congress needs to re- is done, it is done by the airlines and (Mr. BOSWELL asked and was given member that the system failed—not individ- private contractors. The Young-Mica permission to revise and extend his re- uals. If a new security system, such as the bill rejects that, and testing must be marks.) one I have described, is implemented, con- done by the Federal Government. b 1830 cerns regarding private-sector passenger The current system says compensa- screeners will be moot. The time for decisive tion is set by the airlines and the pri- Mr. BOSWELL. Mr. Chairman, as for action is now. It is imperative for Congress the comments made about not knowing to make the systemic changes that are need- vate contractors. Under the Young- ed, not only to address the problems of the Mica bill, it is set by the Federal Gov- what is in the bill, the gentleman from past, but also to create a model of security ernment. Iowa (Mr. GANSKE) came to me about 4 that is strong enough—and flexible enough— Under the current system, the power weeks ago. The Senate passed it 3 to keep us safe and to rebuild confidence in to fire or discipline employees rests weeks ago. We know what is in the bill. the future. with the airlines and private contrac- Let us not say that. My two Senators Mr. OBERSTAR. Mr. Chairman, I tors. Under the Young-Mica bill, that voted for it. Come to think of it, so did yield 1 minute to the gentlewoman is rejected. every one of yours here. They voted for from California (Ms. WATERS). Any Member who debates this issue it. 100 percent. Let us pass this bill, let (Ms. WATERS asked and was given based on the current system is making us get something to the President and permission to revise and extend her re- a tragic mistake. The Young-Mica bill let us get on about the business of pro- marks.) replaces that. viding security. I do not care if you go Ms. WATERS. Mr. Chairman, we, the Mr. Chairman, I have the greatest re- to Omaha, if you go to Kansas City, if Members of the House, have an oppor- spect for the gentleman from Min- you go to Des Moines, you go to Chi- tunity to make a rather easy decision nesota (Mr. OBERSTAR), but the sub- cago, places I have been, the American this evening. We must decide to make stitute is not his. The substitute is the people want security and they are say- airline travel safe for the people of the Senate bill identically; and, although ing do it, do it now, let us not delay Nation. We must support the Demo- sincere, it is flawed. It is weaker in six any longer. Federalize it. cratic substitute and restore the con- ways than the current bill before us, Let us have confidence. Let us get fidence of our citizens to ride air- the improved House bill. the job done. Let us have standardiza- planes. First, it treats small and large air- tion and do the job right. Support the The Aviation Security Act will elimi- ports differently. That is one of the Oberstar-Ganske amendment, please. nate the irresponsible private contrac- very mistakes that was exploited by Mr. MICA. Mr. Chairman, I am tors who win the lowest-bid contracts pleased to yield 1 minute to the distin- for providing screening services at our those who came in on September 11. Second, it has a weaker baggage guished gentleman from Ohio (Mr. airports. These contractors have failed screening provision. That is because we PORTMAN). the basic job of keeping our airlines Mr. PORTMAN. Mr. Chairman, we safe for flight. revised it later. The simple truth is the share the same goal here this evening. Further, this bill will ensure all House bill improves upon the Senate The question is how we best improve planes are retrofitted to secure the bill; and, therefore, it improves upon cockpits and to protect the pilots and the substitute because the substitute is our aviation security. So let us ask passengers from hijackers. the Senate bill. some questions about what will actu- In addition, we must purchase the Third, the substitute allows nonciti- ally make passengers safer. Will airline equipment to screen all baggage and zens to be screeners. Again, the House passengers be safer if the responsibility all packages that are placed in the bill written after that, the Young-Mica for airline security is confusingly split belly of each and every airplane. This bill, improves on that and says no non- between the Department of Transpor- bill will place more air marshals on our citizens can be screeners. tation and the Department of Justice, planes. These are simple safety meas- Fourth, it is implemented slower. meaning Transportation to be respon- ures that must be enacted. The substitute is implemented slower sible for some safety aspects and Jus- Mr. Chairman, what is wrong with than the Young-Mica bill. The sub- tice for others as is the case with the us? What has taken us so long to make stitute is implemented in 9 months. substitute amendment before us? I the flying public safe? Members, do not The Young-Mica bill must be imple- know this is not the gentleman from let history record the horrible details mented in 3 months, and it has expe- Minnesota’s approach, but this is what of the September 11 disaster, and fur- dited rulemaking. is before us. This is the Senate bill. ther record that Members of Congress Fifth, the substitute splits the juris- This lack of accountability will lead, were not unified enough, not wise diction for security between the De- in my view, to confusion, to finger enough to pass good public policy. partment of Justice and the Depart- pointing. Would passengers be safer if Mr. MICA. Mr. Chairman, I yield 21⁄4 ment of Transportation. We can debate smaller airports received a different minutes to the gentleman from Ari- who ought to have this authority, but and lower level of protection than larg- zona (Mr. SHADEGG). it should not be split. er airports as is true with the sub- (Mr. SHADEGG asked and was given Last, the substitute discriminates stitute before us? Again, this is the permission to revise and extend his re- against people from small towns by Senate bill. I am not saying it is the marks.) making them pay twice the fee. Defeat gentleman from Minnesota’s bill, but

VerDate 13-OCT-2001 18:03 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.076 pfrm01 PsN: H01PT2 H7678 CONGRESSIONAL RECORD — HOUSE November 1, 2001 that is before us. Would airline pas- that terrorists do not succeed in inflicting harm bill, I tried to diagram this and it is al- sengers be safer if their baggage was to airline passengers. most impossible to diagram the admin- screened by a Federal employee who if The Young-Mica bill merely continues the istration of the law under the Oberstar found to be incompetent would be more status quo. The Oberstar-Lipinski-DeFazio bill amendment. DOT has a Deputy Sec- difficult to discipline, to fire as they is the only bill being considered today that ad- retary for Security with very little re- would be under the substitute amend- dresses the fundamental flaws in the way we sponsibility. Then the Secretary of ment before us? handle airport security. Moreover, it is the Transportation comes in with quite a I have heard a lot of talk about the exact text as the bill which passed unani- bit of responsibility. The Attorney need to act quickly so let me ask this mously in the Senate. Every Senator—from General gets involved and it is hard to question. Would we be better off with a the most conservative to the most progres- even know where to draw the lines be- bill that does not have expedited proce- sive—voted for it. They understand what the tween the two because their relation- dures to move more quickly? My an- American people are demanding. I hope ship is not clearly specified. The FAA swer would be no. enough of my colleagues in the House will un- Administrator comes in and, of all Mr. OBERSTAR. Mr. Chairman, I am derstand that as well. I ask my colleagues to things, the Attorney General, which pleased to yield 1 minute to the distin- vote for Oberstar-Lipinski-DeFazio language administers law, provides the guide- guished gentlewoman from Texas (Ms. and against the Young-Mica language. lines for all the air marshals whereas EDDIE BERNICE JOHNSON). Mr. MICA. Mr. Chairman, I am the FAA Administrator, which is not (Ms. EDDIE BERNICE JOHNSON of pleased to yield 23⁄4 minutes to the gen- used to supervising Federal law en- Texas asked and was given permission tleman from Michigan (Mr. EHLERS), forcement, has to supervise the air to revise and extend her remarks.) one of the senior members on the Sub- marshals. It is exactly the opposite of Ms. EDDIE BERNICE JOHNSON of committee on Aviation. the way it should be. Texas. Mr. Chairman, I rise in support Mr. EHLERS. Mr. Chairman, I thank This substitute is poor law. Do not of this bipartisan substitute. More the gentleman for yielding me this vote for this substitute. Vote for the than a month ago, this Congress acted time. House bill, send it to conference and expeditiously to provide financial relief I would like to get past the politics together with the Senate we can write to the airlines in order to help them of this issue for a moment because good law. withstand the crushing blow that they most of the discussion has been about ANNOUNCEMENT BY THE CHAIRMAN took September 11 and to make sure whether or not this workforce should The CHAIRMAN. The Chair would they did not go into bankruptcy. That, be federalized. I really do not think like to remind Members once again however, has not caused people to get that is the big issue here. Federaliza- that remarks in debate may dwell on back on the planes. Passengers will not tion is something that can be resolved the content of the Senate version of fly until they feel the plane is safe. If later, because both bills allow federal- this bill, but they must not charac- the system we have in place now con- ized employees. The Senate bill re- terize the manner in which it was com- tinues, they might not ever fly at the quires it. In other words, the Oberstar posed or those who composed it in the rates again. Even since all the talk bill requires it. The House bill allows it Senate. about the increasing safety and secu- and gives a choice to the administra- Mr. OBERSTAR. I thank the Chair rity, the checkers that we have have tion. I think it is very important to re- for again insisting on the decorum of already missed a loaded gun that was member that. the debate in this body. in a briefcase for a passenger. The That is not really the issue here. I do Mr. Chairman, I yield 1 minute to the turnover with these private companies not know why everyone is spending all distinguished gentleman from Arkan- is so high that even training is inad- that time on it. I think it is very im- sas (Mr. BERRY). equate because there is no time. It is portant to look at just what is impor- Mr. BERRY. I thank the gentleman constant training. tant here and look at writing good law. for yielding me this time. Mr. Chairman, I rise in support of the bipar- That is what we are supposed to worry Mr. Chairman, America deserves a tisan Oberstar-Lipinski-Ganske substitute about. I think if you look at it very decent airline security bill. Since Sep- amendment. carefully, you will clearly see that the tember 11, we have been overrun by More than a month ago, this Congress House bill is a better bill, in a number representatives of these private secu- acted expeditiously to provide financial relief to of different ways. rity firms. This is what they have told the airlines in order to help them withstand the We have already heard the comments us: crushing blow that they took in the September of the gentleman from Florida (Mr. ‘‘It’s true we’ve done a lousy job. 11 attacks. However, we all knew that helping WELDON), who reviewed the laws that We’ve done a terrible job. It’s true, the airlines to avoid imminent bankruptcy the Attorney General could ignore we’ve broken laws. It’s true, we’ve been would only be a pyrrhic victory if we did not under the Senate bill, which is the fined millions of dollars. It’s true, we act further to re-establish an environment that Democratic substitute: The Veterans have falsified records. enables the airline industry to prosper in the Preference Act, civil rights law, Reha- ‘‘But,’’ they said, ‘‘if you’ll just pay long term. Airline passengers have still not re- bilitation Act, age discrimination in us a lot more money, we’ll do a better turned because many do not have full con- employment, merit principles, Family job. That is all we need is a lot more fidence in security at our nation’s airports. and Medical Leave Act. These were all money.’’ The recent revelation that Argenbright Corp. very hard-fought issues over the years It reminds me of the time that my which handles security at 46 of our nation’s and we are suddenly going to throw neighbor Miss Alice hired Good Doc to largest airports, continues to violate the terms them out in the substitute. That is not cut a tree down in her yard. Good Doc of its probation by hiring criminally convicted writing good law. came and he looked at that tree and he baggage screens, certainly does little to allay The House bill is carefully drafted said, ‘‘Miss Alice, I’ll cut that tree those fears. The American people are now de- after consideration, hearings, study, down for $25.’’ manding a level of security at our nation’s air- consultation. The Senate bill gives the She said, ‘‘That’s fine, Doc, that’s a ports that simply cannot be provided by pri- appearance at least of being hastily good deal.’’ vate contractors who insist on hiring minimum- drafted. All of us here know that some- He said, ‘‘But for $50, I’ll guarantee it wage, ill-trained workers. America is now in a times one House, one body in this Con- doesn’t fall on your house.’’ state of war against terrorism. At the front gress will do that. They will hastily We are about to pass a law that lets lines of this conflict are security personnel who draft a bill, send it over to the other the tree fall on our house. The Amer- screen passengers and luggage. This is a na- side and say, ‘‘We’ll clean it up in con- ican people deserve a good airline secu- tional security matter and a fundamental re- ference.’’ This substitute has to be rity bill. Let us pass one. sponsibility of the federal government. Just as cleaned up in conference, but the way Mr. MICA. Mr. Chairman, I am we depend on professional pilots to bomb it is written it will not go to con- pleased to yield 2 minutes to the gen- Taliban positions and professional troops in ference. We need a bill to go to con- tleman from Michigan (Mr. ROGERS), a our special forces to perform surveillance op- ference so we can write good law. member of the full Committee on erations in Afghanistan itself, we must have a The House bill provides for good ad- Transportation and Infrastructure and professional police force at airports to ensure ministration of the system. The Senate also a former FBI agent.

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.162 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7679 Mr. ROGERS of Michigan. Mr. Chair- Our accusers have forgotten that the plan to deploy security-enhancing man, I have been listening all day and majority of the brave Americans who technologies such as biometrics, data- I have heard a reoccurring theme. It were hailed as heroes on September 11 base integration, smart cards, and seems that my friends on the other side are union members and have gone be- other promising new applications that of the aisle are more concerned about yond the call of duty. I believe federal- are available even right now. who signs the check than they are ized airport security personnel would The Ganske-Oberstar bill looks to about who checks the bags. provide the same high standard of serv- the long-term as well, calling for new We ought to get back to what is im- ice. and substantial investments into portant here. We have come together Let us put politics aside and pass the FAA’s R&D program. The bill doubles on a lot of things. We have recognized bipartisan substitute. the budget for the FAA’s Technology the problems together. We understand Mr. MICA. Mr. Chairman, I am Center and increases spending on accel- that the companies are not up to pleased to yield 11⁄2 minutes to the gen- erated research and deployment of standard. You are right. We have tleman from Minnesota (Mr. KENNEDY), technologies for detection of non-me- talked about it, both sides of the aisle. one of the distinguished members of tallic weapons and cargo screening. We understand that the system needs our Subcommittee on Aviation. Let us make sure that our aviation improvement, needs Federal involve- (Mr. KENNEDY of Minnesota asked security policy is backed up by bal- ment. You are right. We understand and was given permission to revise and anced, bipartisan thinking, not pos- that the Federal Government ought to extend his remarks.) turing and rhetoric. Support the get involved and set the standards and Mr. KENNEDY of Minnesota. Mr. Ganske-Oberstar bill. the Federal Government ought to be Chairman, September 11 was a call to Mr. MICA. Mr. Chairman, I am involved in testing and the Federal action to strengthen our security. pleased to yield 11⁄2 minutes to the gen- Government ought to be involved in Today, we have a chance to respond to tleman from Texas (Mr. ARMEY), the training and the Federal Government a bipartisan request from our President distinguished majority leader of the ought to be involved in accountability and our Democratic Secretary of House. and oversight. We agree on these Transportation to pass legislation that Mr. ARMEY. Mr. Chairman, I thank things, all of these things. focuses on security and nothing else. the gentleman for yielding me time. What we did, what this chairman did, The American people deserve nothing Mr. Chairman, again we are reminded Young-Mica, they talked to the folks less. The President and Secretary have about the horrible events of September who are on the front lines of terrorism asked us to follow a proven path that 11. We watched as a Nation with horror every day for the last 20 years in the has long been successful in Europe and and as air travelers, we watched with airline industry. And they said, in Israel, and we should. some fear and trepidation. We watched ‘‘United States of America, don’t make The Young-Mica bill expands Federal as the President of the United States the same mistake that we did. Fed- air marshals, strengthens cockpits, al- acted swiftly to request that every air- eralize, don’t nationalize. If you want lows pilots to protect themselves and, line in America abstain from flying for all of those things, if you want all of therefore, the plane, strengthens the a few days until they could determine that accountability, if you want safe screening of checked bags, federalizes how serious the threat was and what airplanes in the sky, follow our lead.’’ supervision of bag screening, federal- could be done to correct it. This bill follows their lead. As a izes background checks and training of It was not but a few days, and the former FBI agent, I can tell you, I baggage screeners, and federalizes as- President and his team made the cor- want safe airlines. I want my wife, who suring the qualifications and perform- rections in airline security, put in the travels on business, to be safe. I want ance of baggage screeners. But it does new personnel, put in the supervision, my family to be safe. You ought to set more, more than the alternative bill. It put in the regulations, put in the re- all of the politics aside. I would urge expedites rule-making. We have been quirements, put in the Federal mar- my colleagues on the other side of the waiting 51⁄2 years for better, more com- shals; and I will have to say, and I do aisle, for the safety of America, for the prehensive Federal rules on baggage not think there is anyone that can viability of these airlines, set your ar- screening. We cannot wait any longer. doubt it, there is not a person who gets guments aside, stop worrying about It also deals with all areas of aviation on an airplane in America today who who signs the check and start worrying security, not just baggage screening, does not do so under unprecedented about who checks the bag. including those that are providing food conditions of safety. Every bit of that Mr. OBERSTAR. Mr. Chairman, I service and cleaning services in the air- increased safety with which we fly yield 1 minute to the distinguished planes and comprehensive security in today is a result of the actions of the gentleman from Maryland (Mr. the airports. President of the United States and his CUMMINGS). We need to support our President, we executive team. Mr. CUMMINGS. Mr. Chairman, need to support our Secretary of Trans- The President of the United States when it comes to the check being portation and pass the comprehensive very soon thereafter made it very clear signed by the lowest bidder, I must Young-Mica bill. We owe America that he knew what he needed to make worry. nothing less. this Nation secure, and he called upon The fact is that we are at a critical Congress to enact the law that would juncture in our attempt to protect our b 1845 give him the power and the authority Nation. We have been entrusted by the Mr. OBERSTAR. Mr. Chairman, I am to administer the airways of this coun- American people to make crucial deci- very pleased to yield 1 minute to the try in a safe fashion. sions that will affect and protect their distinguished gentleman from Cali- This Congress stood here just a few lives. The American people expect for fornia (Mr. HONDA). days after that horrible tragedy, and us to get it right. Mr. HONDA. Mr. Chairman, I thank we voted our confidence in this Presi- It is time to acknowledge the fact the gentleman for yielding me time. dent to assign military operations, to that private sector management of our Mr. Chairman, some Republicans assign people to the fields of danger Nation’s aviation system has miserably falsely claim that the Ganske-Oberstar across this globe, to deploy the FBI, to failed us. By refusing to take the ap- bill lacks substantive aviation security deploy the CIA, to deploy all the agen- propriate action to correct the prob- technology provisions. They are wrong. cies of this government in the Nation’s lem, we run the risk of experiencing a The Ganske-Oberstar bill has an entire security. Yet on this one issue, on this repeat of September 11 and the risk of title dedicated to improving aviation one issue alone, we have those who abusing the trust of the American peo- security technology. would defy the President and say, no, ple. The appropriate action is fed- This title calls on rapidly deploying Mr. President, we cannot leave airline eralization of our aviation security and fully utilizing viable security tech- security to your administration, even system. nologies. The title calls upon the FAA in the face of the existing security pro- There have been accusations that to implement technology-driven vided by his actions and his actions support of federalization is an attempt changes to our aviation security sys- alone. No, Mr. President, you must do to bolster Federal employee unions. tem in the short term, including the it our way.

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.166 pfrm01 PsN: H01PT2 H7680 CONGRESSIONAL RECORD — HOUSE November 1, 2001 What we have here in the base bill is favoring the Democrat substitute, Mr. MICA. Mr. Chairman, I am a bill that says we resolve, Mr. Presi- there is only one way to do that, with pleased to yield 1 minute to the distin- dent, to make the Nation safe, and we Federal employees. And yet the Demo- guished gentleman from Nebraska (Mr. resolve to give you the authority and crat substitute only applies that logic OSBORNE). the discretion to do this job right. to 142 airports. Mr. OSBORNE. Mr. Chairman, as was What we have in the form of the sub- Mr. Chairman, do you know, there stated by my colleague from South Da- stitute is a bill that says no, Mr. Presi- are 461 commercial airports in this kota, the substitute amendment fo- dent, you must do it our way, and a bill country? That means almost 70 percent cuses primarily on larger airports, 142 that says that, Mr. President, despite of the airports in this country are not of them. the fact that there has not been to this going to have Federal employees work- I represent a rural district that has date a single action by a single Member ing there, which, under the logic that only small Class IV airports, none of of Congress that has made one single has been employed here this evening by the 142 larger ones. These smaller air- passenger safer in America. the other side, means that those air- ports are not subject to a uniform set I think our path of responsibility is ports are going to have a substandard of security standards under the sub- very clear: reject the substitute; reject level of safety applied. stitute amendment. this intrusion of Federal Congressional I do not think that is what you mean This is precisely what our problem is mandate. Put your confidence in the to do here, but that is in fact what is today, we have no uniform standards. plan of the President. Give the Presi- implied by the Democrat substitute; The Young-Mica bill sets uniform dent the ability, the authority, and the 142 airports would have Federal em- standards for all airports, not just a se- endorsement to do what is necessary to ployees, the remaining 319 would have lect number. On September 11, the most prominent keep our children safe in the air. local law enforcement. Mr. OBERSTAR. Mr. Chairman, I Now, the police chief in Pierre, South of the 19 hijackers boarded a plane at a yield myself 10 seconds. Dakota, is pretty busy. I do not know smaller airport, flew to Boston, hi- Mr. Chairman, that was a very com- that he has time to go stand at the air- jacked a plane and crashed it into the World Trade Center. Hijackers will pelling appeal by the distinguished ma- port. But what you have essentially enter the airport system at the weak- jority leader, but I would just point out said this evening is it is Federal em- est points, quite likely a small, rel- to my colleagues that the committee ployees or not. atively unsecured airport. Under the bill does not trust the President either, This legislation, the Mica-Young bill, substitute, once past the security because it is filled with mandates, makes it possible for the administra- check point, a passenger can move while at the same time they ask for tion to use their discretion to deter- freely throughout the system. The flexibility. mine whether Federal employees are Young-Mica bill closes this loophole. Mr. Chairman, I yield 1 minute to the the best way to keep the skies safe, or Every airport manager in my district distinguished gentleman from New whether there is another way to do it. supports the House bill for the above York (Mr. ACKERMAN). Let us allow them to have that dis- Mr. ACKERMAN. Mr. Chairman, I reasons. cretion, not mandate, and not say to Mr. OBERSTAR. Mr. Chairman, I stand to give you a bulletin from the those other 319 airports that you are yield such time as she may consume to City of New York, from my home com- going to be less safe than the 142 big the gentlewoman from New York (Mrs. munity of Queens, New York. As we ones. MALONEY). speak, Concourse A, Terminal 8 at JFK Mr. OBERSTAR. Mr. Chairman, I (Mrs. MALONEY of New York asked Airport has just been closed. It has yield 1 minute to the dean of the and was given permission to revise and been closed because the screeners at House, the gentleman from Michigan extend her remarks.) American Airlines when a magne- (Mr. DINGELL). Mr. Chairman, we have the best military in tometer broke down decided to just (Mr. DINGELL asked and was given the world, the best law enforcement agencies wave the people through. permission to revise and extend his re- and the best firefighters. They waved enough people through, marks.) All of these are government-run organiza- until the FAA found out about it. The Mr. DINGELL. Mr. Chairman, I tions that successfully protect the public. FAA, by the way, for those who have thank my dear friend from Minnesota And the public deserves the government’s not noticed, is a Federal agency that for yielding me this time. full protection and commitment at our nation’s hires Federal employees. The screeners Mr. Chairman, it is astonishing for airports. are not. The FAA closed down the me to see so many frequent fliers as- Our airport security system is tragically and whole terminal. Presently, five sembled in one place seeking to have fatally flawed. planeloads of people thinking they the status quo continue. I would re- We don’t need to patch it up. were going to their destinations across mind my Republican friends that more We don’t need to continue the status quo. America are being off-loaded off of all people were killed in the events of Sep- Some have attacked federalization of airport those planes because they are now con- tember 11 than at D-Day or Pearl Har- security because it could potentially create a sidered unsanitized and have to go bor. This is a serious matter. I would union. through the screening process that also note that Secretary Mineta has Those who make this argument forget that some of them should have gone made this observation: he says that an roughly 400 union members died at the World through to begin with. unacceptable number of deficiencies Trade Center These union members and their union-mem- This points out exactly the problem continue to occur. ber colleagues who survived helped save up that we have: poorly trained, inconsist- Argenbright and others have had a number of problems before, during, and to 20,000 lives. ently trained, nonpublic, non-Federal Even the administration wants the other side since the 11th. They have falsified employees, doing screening by any to stop attacking public employees in this de- records, they have been convicted, they rules they deem necessary, without bate. any supervision. have been find $1.5 million. They have Working men and women aren’t the prob- Think of what you would do if you subsequently found that they have con- lem. And tweaking the existing system isn’t passed what you are looking to pass. tinued the same violations and are now the solution. Like the military—protection of air Mr. MICA. Mr. Chairman, I am up for violation of probation. They travel should be done by federal employees. pleased to yield 11⁄4 minutes to the gen- have allowed everything from guns to Mr. OBERSTAR. Mr. Chairman, I tleman from South Dakota (Mr. box openers to knives to move through yield 1 minute to the distinguished THUNE), a member of the Sub- the checkpoints. gentleman from Rhode Island (Mr. committee on Aviation. How is it that we can say that we LANGEVIN). Mr. THUNE. Mr. Chairman, the should continue the status quo, allow- (Mr. LANGEVIN asked and was given whole objective of this discussion and ing the same kind of rent-a-cops to permission to revise and extend his re- debate is how do we make the skies as commit the same kind of outrages in marks.) safe as is humanly possible. Now, under terms of security? Let us get rid of Mr. LANGEVIN. Mr. Chairman, I the logic that has been employed by them for good and put somebody in thank the gentleman for yielding me the other side tonight, those who are that is going to do the job right. time.

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.168 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7681 Mr. Chairman, today I wish to thank airline security bill by a vote of 100 to [Roll No. 422] my colleagues for addressing the im- zero. The delay in bringing this bill to AYES—11 portant issue of airline security, and I the floor until now has put tens of Capuano Hilliard Maloney (NY) urge passage of legislation that will thousands of American travelers at Clyburn Honda Pastor provide the strongest safeguards to risk. That is wrong. DeFazio Hooley Rangel Hastings (FL) Langevin those who fly our Nation’s airways. Security lapses at airports across the Because tourism is Rhode Island’s country continue. Screeners that were NOES—402 second largest industry, my constitu- at the gates before September 11 are Abercrombie Deutsch Johnson, E. B. ents have been particularly affected by there now, with no additional training Ackerman Diaz-Balart Johnson, Sam the slow-down in air travel since Sep- and the same poor industry standards. Aderholt Dicks Jones (OH) tember 11. I have heard the concerns of Akin Dingell Kanjorski It is wrong. Allen Doggett Keller airline employees and passengers, hotel Our current airline security system Andrews Dooley Kelly workers, rental car companies, travel Armey Doolittle Kennedy (MN) agents and restaurant owners; and we is an outrage. It is a profit-driven in- Baca Doyle Kennedy (RI) can all agree that Congress must re- dustry carried out by the lowest bid- Bachus Dreier Kerns der. It has contributed to a workforce Baird Duncan Kildee store confidence in air travel in order Baker Edwards Kilpatrick to boost our Nation’s flagging econ- that suffers from high turnover, low Baldacci Ehlers Kind (WI) omy. pay, and low morale, and that is wrong. Baldwin Ehrlich King (NY) Three weeks ago the Senate, both Re- Baggage screeners should be a highly Ballenger Emerson Kingston skilled, highly trained workforce that Barcia Engel Kirk publicans and Democrats joining in a Barr English Kleczka bipartisan spirit, unanimously passed serves the frontline for our Nation’s de- Barrett Eshoo Knollenberg an airline security bill, the bill offered fense. Aviation security should be a Bartlett Etheridge Kolbe function of Federal, professionally Barton Evans Kucinich today as a substitute to H.R. 3150. The Bass Everett LaFalce House and Senate bills have many trained law enforcement officials. Bor- Becerra Farr LaHood points in common and both recognize der Patrol, FBI, INS and Customs Serv- Bentsen Fattah Lampson the need to improve the structural se- ice are all Federal agencies that pro- Bereuter Ferguson Lantos tect the public. The traveling public Berkley Filner Largent curity of our planes, place Federal air Berman Flake Larsen (WA) marshals on flights, and provide air- deserves the same protection. That is Berry Fletcher Larson (CT) ports with the best technology. the right thing to do. Biggert Forbes Latham Bilirakis Ford LaTourette Mr. Chairman, I urge passage of the Let us not let the innocent people on Bishop Fossella Leach substitute offered today by the gen- those American and United flights, Blagojevich Frank Lee tleman from Minnesota (Mr. OBER- along with the thousands of others that Blumenauer Frelinghuysen Levin Blunt Frost Lewis (CA) STAR). perished on the ground, die in vain. Let Boehlert Gallegly Lewis (GA) Mr. MICA. Mr. Chairman, I am us do the right thing. Pass an airline Boehner Ganske Lewis (KY) pleased to yield 1 minute to the distin- security bill that tells the American Bonilla Gekas Linder guished gentleman from Indiana (Mr. people that we consider airport secu- Bonior Gephardt Lipinski Bono Gibbons LoBiondo PENCE). rity a critical component of our na- Borski Gilchrest Lofgren (Mr. PENCE asked and was given per- tional security. Vote for the Demo- Boswell Gilman Lowey mission to revise and extend his re- cratic substitute. Boucher Gonzalez Lucas (KY) Boyd Goode Lucas (OK) marks.) Mr. DEFAZIO. Mr. Chairman, I rise Brady (PA) Goodlatte Luther Mr. PENCE. Mr. Chairman, I thank to make a unanimous consent request. Brady (TX) Gordon Lynch the gentleman for yielding me time, Brown (FL) Goss Manzullo and I rise in opposition to the Demo- The CHAIRMAN. The Chair recog- Brown (OH) Graham Markey nizes the gentleman from Oregon (Mr. Brown (SC) Granger Mascara crat substitute to the Young-Mica bill. Bryant Graves Matheson E AZIO Mr. Chairman, I respect and appre- D F ). Burton Green (TX) Matsui ciate the motivations of my colleagues Mr. DEFAZIO. Mr. Chairman, there Buyer Green (WI) McCarthy (MO) Callahan Greenwood McCarthy (NY) and friends on the other side of the are an extraordinary number of Mem- Calvert Grucci McCollum aisle; but the truth is, Mr. Chairman, bers on our side who would like to Camp Gutknecht McDermott that their bill looks good on the out- speak. Debate, I believe, was unduly Cannon Hall (OH) McGovern side, but on the inside is full of a his- limited. So I would ask unanimous con- Cantor Hall (TX) McHugh Capps Hansen McInnis tory of failure and cost lives. sent that the debate be continued on Cardin Harman McIntyre b 1900 each side for an additional 10 minutes. Carson (IN) Hart McKeon Carson (OK) Hastings (WA) McKinney Now, much has been made that this The CHAIRMAN. Is there objection Castle Hayes McNulty substitute passed the Senate by a 100 to to the request of the gentleman from Chabot Hayworth Meehan Oregon? Chambliss Hefley Meek (FL) zero vote, and that is true. Despite Clayton Herger Meeks (NY) widespread and vocal reservations Mr. SIMPSON. I object. Clement Hill Menendez about the ineffectiveness of addressing Coble Hilleary Mica The CHAIRMAN. Objection is heard. Collins Hinchey Millender- airport security with a vast new Fed- Combest Hinojosa McDonald PREFERENTIAL MOTION OFFERED BY MR. eral bureaucracy, the Senate voted Condit Hobson Miller, Dan and, to borrow a phrase, headed for the DEFAZIO Conyers Hoeffel Miller, Gary hills. So the task, Mr. Chairman, has Mr. DEFAZIO. Mr. Chairman, I move Cooksey Hoekstra Miller, George Costello Holden Miller, Jeff fallen to us to craft a bill that achieves that the Committee do now rise. Cox Holt Mollohan airport security. The CHAIRMAN. The question is on Cramer Horn Moore President Bush’s vision creates Crane Hostettler Moran (KS) the motion offered by the gentleman Crenshaw Houghton Moran (VA) standards, the oversight, and the flexi- from Oregon (Mr. DEFAZIO). Crowley Hoyer Morella bility that builds on history to make The question was taken; and the Cubin Hulshof Murtha our airports safe. Say ‘‘no’’ to a hollow Culberson Hunter Myrick political victory tonight; say ‘‘yes’’ to Chairman announced that the noes ap- Cummings Hyde Nadler peared to have it. Cunningham Inslee Napolitano real airport security for our families Davis (CA) Isakson Neal and our constituents. RECORDED VOTE Davis (FL) Israel Nethercutt Mr. OBERSTAR. Mr. Chairman, I Davis (IL) Issa Ney Mr. DEFAZIO. Mr. Chairman, I de- yield 1 minute to the distinguished Davis, Jo Ann Jackson (IL) Northup mand a recorded vote. Davis, Tom Jackson-Lee Norwood gentlewoman from Connecticut (Ms. Deal (TX) Nussle DELAURO). A recorded vote was ordered. DeGette Jefferson Oberstar Ms. DELAURO. Mr. Chairman, 7 The vote was taken by electronic de- Delahunt Jenkins Obey DeLauro John Olver weeks since the tragedy of September vice, and there were—ayes 11, noes 402, DeLay Johnson (CT) Osborne 11, 3 weeks since the Senate passed an not voting 19, as follows: DeMint Johnson (IL) Ose

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.173 pfrm01 PsN: H01PT2 H7682 CONGRESSIONAL RECORD — HOUSE November 1, 2001 Otter Sanchez Taylor (MS) Mr. OBERSTAR. Mr. Chairman, I servative goes on to say, ‘‘We have Owens Sanders Taylor (NC) Pallone Sandlin Terry yield such time as he may consume to tried that approach to aviation secu- Pascrell Sawyer Thomas the gentleman from New York (Mr. rity many times and it failed Paul Saxton Thompson (CA) ENGEL). horrifically. Why should we set the Payne Schaffer Thornberry (Mr. ENGEL asked and was given qualifications, do the training, do the Pelosi Schakowsky Thune Pence Schiff Thurman permission to revise and extend his re- testing, and then ask someone else to Peterson (MN) Schrock Tiahrt marks.) do the hiring?’’ That is the Young bill. Peterson (PA) Scott Tiberi Mr. ENGEL. Mr. Chairman, I rise in The Federal Government must as- Petri Sensenbrenner Tierney support of the substitute for federal- Phelps Serrano Toomey sume the job of providing security or Pickering Sessions Towns izing workers. we have admitted that we are satisfied Pitts Shadegg Traficant Mr. OBERSTAR. Mr. Chairman, I with the status quo, and thousands of Platts Shays Turner yield 1 minute to the gentleman from souls will have died for nothing. Pombo Sherman Udall (CO) Pomeroy Sherwood Udall (NM) Washington (Mr. INSLEE). Mr. Chairman, this is not a liberal, Portman Shimkus Upton (Mr. INSLEE asked and was given this is a woman Senator who is a close Price (NC) Shows Velazquez permission to revise and extend his re- friend of President Bush. Pryce (OH) Shuster Visclosky marks.) But do Members know what, this is Putnam Simmons Vitter Quinn Simpson Walden Mr. INSLEE. Mr. Chairman, on De- not about friendship, this is about a Rahall Skeen Walsh cember 7, 1941, our country experi- duty to the citizens of our country. Ramstad Skelton Wamp mented with parking our airplanes Vote for the substitute. Regula Slaughter Waters wingtip to wingtip. The experiment Rehberg Smith (MI) Watkins (OK) b 1930 Reyes Smith (NJ) Watson (CA) failed. Reynolds Smith (TX) Watt (NC) On September 11, 2001, our Nation ex- Mr. OBERSTAR. Mr. Chairman, how Riley Smith (WA) Watts (OK) perimented with the concept of private much time remains on both sides? Rivers Snyder Waxman The CHAIRMAN. The gentleman Rodriguez Solis Weiner contractors under government super- Roemer Souder Weldon (FL) vision providing security. That experi- from Minnesota (Mr. OBERSTAR) has 5 Rogers (KY) Spratt Weldon (PA) ment failed. We must now end the ex- minutes remaining, and the gentleman Rogers (MI) Stark Weller periment of private security under gov- from Florida (Mr. MICA) has 41⁄4 min- Rohrabacher Stearns Wexler Ros-Lehtinen Stenholm Whitfield ernment supervision. That experiment utes remaining. Ross Strickland Wicker failed. Mr. OBERSTAR. Mr. Chairman, may Rothman Stump Wilson We tonight have been acting as if I inquire of the gentleman from Flor- Roukema Stupak Wolf ida (Mr. MICA) how many speakers are Roybal-Allard Sununu Woolsey this was a theoretical discussion. We Royce Sweeney Wu have had our experiment. The reason on his side. Rush Tancredo Wynn the experiment failed is every single Mr. MICA. Mr. Chairman, at this Ryan (WI) Tanner Young (AK) time the FAA has tried to clamp down time it appears I have two additional Ryun (KS) Tauscher Young (FL) speakers. Sabo Tauzin on this poor Swiss cheese process, the lobbyists have come up here and Mr. Chairman, I reserve the balance NOT VOTING—19 stopped us from requiring certified em- of my time. Burr Gutierrez Ortiz ployees. Mr. OBERSTAR. Mr. Chairman, the Capito Istook Oxley Clay Jones (NC) Radanovich I am pleased that we have finally pre- gentleman has the right to close. Coyne Kaptur Shaw vailed, the gentleman from Con- Would the gentleman like to recognize Dunn Maloney (CT) Thompson (MS) necticut (Mr. SHAYS), the gentleman one of his speakers? Foley McCrery TRICKLAND Mr. MICA. Mr. Chairman, I yield 1 Gillmor Mink from Pennsylvania (Mr. S ), and myself, to make sure all checked minute to the distinguished gentle- b 1922 baggage is screened for explosives. woman from Connecticut (Mrs. JOHN- Ms. WOOLSEY and Messrs. But we need more than good ma- SON). STEARNS, COOKSEY, ISRAEL, chines. We need good people. Let us put Mrs. JOHNSON of Connecticut. Mr. PITTS, KILDEE, and STUMP changed them in there and pass Ganske-Ober- Chairman, the proponents of this their vote from ‘‘aye’’ to ‘‘no.’’ star. amendment say that they are going to So the motion to rise was rejected. Mr. OBERSTAR. Mr. Chairman, I am hire Federal employees to take over The result of the vote was announced very pleased to yield 2 minutes to the the security of our airports. Listen to as above recorded. distinguished gentleman from Iowa who they are going to hire. People who Mr. MICA. Mr. Chairman, I am (Mr. GANSKE), cosponsor of the pending are not protected by our civil rights pleased to yield 30 seconds to the gen- legislation. laws. They are not going to even give tleman from Alaska (Mr. YOUNG), our Mr. GANSKE. Mr. Chairman, AP these employees the protection of fair distinguished chairman of the Com- News, New York: ‘‘Security lapse leads labor standards. Why should they not mittee on Transportation and Infra- to JFK terminal evacuation. Security have the protection of minimum wage structure. agents from the FAA ordered the shut- and time and a half for overtime laws? Mr. YOUNG of Alaska. Mr. Chair- down and evacuation of part of Amer- Why is it you do not trust that you man, this is especially for a point of ican Airlines terminal at JFK Inter- could hire Federal employees under all clarification. national Airport this afternoon be- of our fair employment practices, acts, The gentleman from Minnesota (Mr. cause they saw checkpoint screeners all of our nondiscrimination acts, all of OBERSTAR) was asked a question about failing to follow security rules. Jim Pe- the law that provides family and med- section 108, and the implication was ters, the FAA spokesman, said Con- ical leave? Why do you not think you that only passengers and bags would be course A and Terminal 8 was evacu- can hire people who can do screening screened. ated. He said he did not know when it under those circumstances? Section 108 in the gentleman’s sub- was going to open.’’ In the private sectors Brinks, Wells- stitute requires screening of all cargo Mr. Chairman, these are the con- Fargo, Pinkerton, Wackenhut who pro- and also the mail. Also in section 131 tracted security screeners that we will vide security at weapons factories, on page 75, that section requires pri- be voting for if we vote for the Young they can hire security personnel that vate plane owners to screen their pas- bill. They will be hired by those private also have the right to the protection of sengers and bags if the plane is more contractors. our civil rights laws, to the protection than 12,500 pounds. Let me read this from a woman I re- of fair labor standards laws, to the pro- So I just want to make it perfectly spect very much, a strong conserv- tection of the family medical leave clear for the record that the answer the ative. She says, ‘‘There are some who law. We know it can be done. gentleman from Minnesota gave to the argue our security can be assured by You are giving us a sham bill that gentleman who asked it was incorrect. tightening standards and providing says you are going to do this under Mr. MICA. Mr. Chairman, I reserve some more Federal oversight.’’ That is Federal law. You have to give the At- the balance of my time. the Young bill. This strong woman con- torney General the right to hire out

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.071 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7683 from under all of the Federal employ- mented. And then we worked again. We Mr. MICA. Mr. Chairman, I yield my- ment laws that protect working people. passed new legislation and now we have self the balance of our time. It is an outrage. something on this floor that closes the Mr. Chairman, I have done every- Mr. OBERSTAR. Mr. Chairman, I gap, that shuts down the Achilles heel, thing possible I could do as a represent- yield myself the balance of the time. a good provision that says we will take ative of the people entrusted with an The CHAIRMAN. The gentleman strong action. We will put screeners at important matter to work with my from Minnesota is recognized for 5 min- airport security checkpoints with the chairman, the gentleman from Alaska utes. badge of Federal Government on their (Mr. YOUNG), who has done a great job; Mr. OBERSTAR. Mr. Chairman, we shirt, sworn to uphold the Constitution with the gentleman from Minnesota have come to the close of a very ago- of the United States and its laws, (Mr. OBERSTAR), ranking member; the nizing debate, a very fair, very open ex- trained to the highest standards, paid a gentleman from Illinois (Mr. LIPINSKI), change. But you cannot have it both decent wage. People who will do the not on a partisan basis, not on the ways. The last speaker said, you do not right thing. basis of division, but on the basis of have these protections. You do not I want you to pass this bipartisan issues, on only one driving motivation, have all these safeguards for Federal amendment, and I express my great ad- and that was to come up with the very workers. But it was the majority that miration to the gentleman from Iowa best bill possible. has said time and again you cannot (Mr. GANSKE), who has stood and with- I worked with the gentleman from have Federal workers because it is too stood enormous pressure not to take a Minnesota (Mr. OBERSTAR), and my col- hard to fire them. It is too hard to principled, honest stand of integrity in league actually introduced a bill, and I move them around. So we give you the what he believes. Because, my friend, think he may offer that as a sub- flexibility to write the rules the way never again do I want to look into the stitute, not this substitute but at the you want to do it; and then you come eyes of the families of the victims of end of this debate. I did everything hu- and say, oh, you do not have all the Pan Am 103; nor do I want any of you manly possible to try to bring the protections. You cannot have it both to look into the eyes of the families of House together on the best possible se- ways. the victims of September 11 and say, curity plan, a comprehensive plan. We have heard some spurious num- we did it on the cheap. We did not do If I thought for one minute that this bers here. The CBO number estimate is enough. We did not go far enough. We substitute would do a better job, I 16,200 screeners. Then there are super- will try again. would step forward and support it, be- visors and managers and ground coor- This is the hour of decision. Make cause this is too important for partisan dinators and senior-level security and your decision tonight. Let this not be a politics. It is too important to not have perimeter security and aircraft secu- day when time stood still, but a day in place the very best protections. rity personnel. That is all up to the De- when time marched ahead in the inter- Unfortunately, what the substitute partment, the Department of Justice est of security for all Americans. does is it creates a two-tier system. or up to the Department of Transpor- Mr. MICA. Mr. Chairman, how much The Attorney General has said it will tation. You decide. That is the flexi- time remains on our side? actually detract from their effort on bility. The CHAIRMAN. The gentleman the war on terrorism and opposes this Then I heard them complain, oh, you from Florida has 31⁄4 minutes remain- responsibility being given in a bifur- do not trust the President of the ing. cated fashion to the Department of United States to do the right thing. Mr. MICA. Mr. Chairman, I yield 1 Justice. What do you mean? On the other hand minute to the gentleman from New Most importantly, what it does not they say, you do not have any man- York (Mr. FOSSELLA). do is give the ability to put in place dates to make all of these things hap- (Mr. FOSSELLA asked and was given immediate rules, and that is part of the pen because we do not trust the rule- permission to revise and extend his re- problem. The gentleman from Min- making. marks.) nesota (Mr. OBERSTAR) knows that. The Now let us cut that stuff out. What Mr. FOSSELLA. Mr. Chairman, I gentleman from Illinois (Mr. LIPINSKI) we have got before us is the essential thank the gentleman for yielding the knows that. So we end up worse off issue, the Achilles heel of aviation se- time. than we were on September 10. That is curity. If there is anybody in this House that wrong. I served on the Pan Am 103 commis- wants to ensure that there is an ade- I plead with my colleagues; I ask sion in the aftermath of that tragedy quate security standard across our air- them to put partisanship aside, to put at Lockerbie, Scotland. I stood there ports it is me. On September 11, that these other peripheral issues aside, to with our colleague, John Paul Ham- we all reference, more than 300 people do what is best for America, to do what merschmidt, on the edge of that abyss, from my district died, my friends, fam- is best for aviation security. I submit 14 feet deep, 40 feet wide, 140 feet long ily and neighbors. I do not want to see that the plan that we worked so hard where 270 people perished, were vapor- that happen again; and in fact, I do not on together does that. ized in the crash of that 747. There think anybody in this House wants to I urge Members’ support. I plead with were 270 people aboard those four air- see that happen again. my colleagues for their support, not for craft on September 11. History has a Security we can all agree upon, but me, not for my party, not for my Presi- way of repeating itself in great trag- there is a greater issue right now as I dent but for the American people who edy. see it; and that is are we going to work deserve nothing less. In a speech in the Canadian House of together for the good of the American Mr. WOLF. Mr. Chairman, I rise in support Commons, the Honorable Jean people? Right now, I have heard many of the Senate-passed legislation to federalize Chretien, Prime Minister of Canada, times tonight how this is an issue of the nation’s airport security that we will have said on the day after the attack, national security. The President sup- the opportunity to vote on as a substitute to ‘‘There are those rare occasions when ports the House bill. He does not sup- H.R. 3150. time seems to stand still, when a sin- port the substitute. If this is an issue There are 31 families today in our area in gular event transfixes the world, occa- of national security, do we not want northern Virginia devastated by grief from the sions when the dark side of human na- our Commander in Chief participating September 11 attack on the Pentagon. ture escapes civilized restraint and in this process? In the wake of the terrorist attacks on Amer- shows its ugly face to a stunned world. I say move this bill forward, defeat ican soil when terrorists turned commercial air- Tuesday, September 11, will forever be the substitute. If we trust the Presi- liners into missiles of destruction to perpetrate etched in memory as a day when time dent of the United States, our Com- their heinous acts, the people of America are stood still.’’ mander in Chief, in a time of war to de- looking to this Congress to make our airports He said it eloquently, powerfully. I ploy our men and women in harm’s safe and to secure the airplanes that fly have waited, I have worked for 11 years way overseas, then certainly we can across America’s skies. to get strong security legislation en- trust him to do the right thing for the In the aftermath of September 11, we are acted. We did it in 1990, and then we people of this country on our home- now waging war against terrorism and Amer- worked to get the regulation imple- land. ica’s airports are on the front line. We need to

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 9920 E:\CR\FM\K01NO7.178 pfrm01 PsN: H01PT2 H7684 CONGRESSIONAL RECORD — HOUSE November 1, 2001 change the way security is handled at our na- According to the FBI, Argenbright also had I’ve heard the arguments that federalizing tion’s airports. We cannot continue to contract the roommate of convicted CIA killer Amal airport security will create another unneces- out to the lowest bidder the safety and secu- Kansi on its payroll. Kansi was responsible for sary federal agency and that what is needed rity of America’s airports and airways. the bloody CIA shootings in 1993 on Route is just federal supervision of private contrac- We must restore confidence in air travel and 123 in northern Virginia outside CIA head- tors. In response, I ask our colleagues to con- elevate aviation security to its proper role as quarters, where two people were killed and sider that in the aftermath of September 11, a law enforcement function. We must place three were wounded. the security of our airways in the hands of a His roommate, Zahid Mir, worked for there is a critical need today more than ever federal aviation security force under the juris- Argenbright from August 1992 to February for intelligence sharing among federal agen- diction of the nation’s top law enforcement 1993 in a variety of security positions until he cies. The FBI, the DEA, and the INS already agency—the Department of Justice. The was arrested on immigration charges which ul- operate under the Department of Justice. American public deserves nothing less. timately resulted in six months confinement. I believe most people would want airport se- As an Argenbright Security employee at Dulles Mr. Chairman, good intentions surround curity under the Justice Department where both the House and Senate versions of airline Airport, Mir had access to luggage and re- these agencies could share their information in safety legislation. The ultimate goal of this leg- stricted access areas. It would seem that even the present climate of heightened security islation from both sides of the aisle and both a cursory check on Mir would have flagged sides of the Capitol is to elevate safety to the authorities about his questionable background. alerts. highest level as quickly as possible. But the I enclose for the RECORD a copy of a letter I don’t believe most people would want fed- current way of doing business through from the FBI verifying Mir’s relationship to eral law enforcement and intelligence agen- privatized security, I believe, has failed to Kansi and his work for Argenbright. cies to reveal sensitive security information meet safety expectations. We need to make a I also find it surprising that when a recent head of FAA security left his job, he soon about the national airspace to private contrac- change. tors. The Federal Aviation Administration does a wound up on the Board of Directors of good job at air traffic control. That’s its func- Argenbright Security. What kind of relationship The best security and law enforcement in tion and where its focus should be. But if you is there between those who are regulating se- the world can be found in our armed forces, ask the Department of Transportation inspec- curity and those who are performing security? the Secret Service, and the FBI—all under the tor general’s office about the FAA’s current That question may have been answered in jurisdiction of United States government. a revealing memo sent this past May from the role in aviation security oversight, you’ll get a We owe it to the American people to pass report card that’s woefully inadequate. chief of the FAA’s Civil Aviation Security Divi- the kind of legislation unanimously approved If you also ask the DOT inspector general’s sion—who is leaving his post after being there office about the shortcomings of the current for less than a year—to FAA managers about by the U.S. Senate by a vote of 100–0 which system of private airport security screening the agency’s compliance and enforcement phi- assigns the job of enforcing the security laws operators across the nation, you’ll hear horror losophy. He said, in part, ‘‘...the safety and se- for our nation’s airways to a federal aviation stories about inadequate background checks, curity of the flying public will depend upon the security agency accountable to the public and the hiring of illegal aliens, screeners with FAA and industry maintaining a candid, re- under the jurisdiction of the Department of spectful and mutually responsive business re- criminal records, screeners who can’t pass Justice. lationship. To be effective in this relationship, basic skills tests required for employment, we need to be flexible.’’ The events of September 11 have changed screeners who can’t speak English, screeners He continued, ‘‘While I expect regulated par- us all. The dozens of families in the Wash- who fail to spot dangerous objects. You’ll also ties to comply with regulatory requirements, ington region who lost loved ones and the hear that 87 percent of the baggage screeners there will be times when we find areas of non- at Washington Dulles International Airport thousands in New York, Boston, and Newark compliance. When we do, I want to fully con- and all over the world who also grieve for their aren’t U.S. citizens. sider the actions the party has taken to fix the You’ll also hear the name Argenbright Secu- mothers and fathers, brothers and sisters, problem. I want to work with the industry to friends and neighbors remind us that we rity. The foreign-based corporation is the larg- develop action plans to permanently correct est airport security screener in our nation and problems that have resulted in violations. To should do everything possible to try to prevent is responsible for security at the majority of encourage industry to join us in this effort I do a similar tragedy. America’s busiest airports. The second and not expect us to impose a civil penalty against DEPARTMENT OF JUSTICE, third largest screening contractors also are for- a regulated party for certain unaggravated vio- FEDERAL BUREAU OF INVESTIGATION, eign-owned. lations, if we believe the party has success- Washington DC, October 17, 2001. Argenbright was recently ordered to pay fully implemented a permanent fix that will re- Hon. FRANK R. WOLF, over $1 million in fines and placed on three Chairman, Subcommittee on Commerce, Justice, solve the security problem and preclude recur- State and Judiciary, Committee on Appro- years probation because it either failed to con- rence of future violations....’’ I enclose for the duct background checks on convicted felons priations, House of Representatives, Wash- RECORD the entire text of that memo. ington, DC. or forged the actual background checks on If we learned anything from the devastating DEAR MR. CHAIRMAN: Thank you for seeing checkpoint screeners at Philadelphia Inter- attacks of September 11 it is that there is ab- us last week. I hope the meeting was helpful national Airport. Just last week a federal judge solutely no room for flexibility, no room for to you. extended the company’s three-year proba- compromise, no room for second chances tionary period to five years for violating terms when it comes to the safety of the flying pub- With regard to Zahid Mir, as we confirmed of its probation, including continuing to hire lic. to you, he did work at Dulles International convicted felons, despite certifying that it had The track record of private airline screening Airport, both for News Emporium and for conducted new background checks, and vio- companies shows they have not performed Argenbright Security. He was employed by lating FAA regulations. the job that is demanded. According to a 1998 Argenbright from August 1992 to February It is interesting to note that Argenbright left GAO report, security checkers at Dulles Air- 1993 in a variety of security positions. As the Philadelphia airport last week, a year be- port experienced a turnover rate of 90 percent, such, he would have had access to luggage fore its contract was to have expired. In an- which was lower than the national average of and restricted access areas. His employment other development, Sky Harbor International 126 percent. Boston’s Logan Airport had a at Dulles ended when he was arrested in Feb- Airport in Phoenix evicted Argenbright on Oc- turnover rate of 207 percent and Atlanta’s ruary 1993 on immigration charges which ul- tober 13 citing criticism of its hiring standards Hartsfield Airport topped the chart at 375 per- timately resulted in six months confine- since the September 11 terrorist attacks and cent. At these rates, screeners were turning ment. the scandal involving Argenbright’s activities in over every couple of months. It is our understanding that Mr. Mir was Philadelphia. As long as security is contracted out, it will the roommate of Mir Amal Kansi, the indi- Argenbright also staffs both Washington always go to the lowest bidder with the cheap- vidual convicted in the shooting deaths of Dulles International Airport and Logan Inter- est labor pool filing what we can describe several CIA employees. national Airport in Boston—two of the airports today as among the most important security Sincerely yours, where hijacked planes took off on September jobs in our country. We must put federal pro- JOHN E. COLLINGWOOD, 11. Dulles continues to grow and is presently fessionals on the front line of air security to Assistant Director, the fifth busiest airport in America with 1,400 ensure a workforce which can enforce total Office of Public and Congressional Affairs. daily takeoffs and landings. compliance with aviation security laws.

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.106 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7685 DEPARTMENT OF TRANSPORTATION, provide recommendations for additional meas- As we witnessed on September 11th and in FEDERAL AVIATION ADMINISTRA- ures that would further enhance air security. the weeks since, our airport screeners are not TION. This legislation would require the Federal catching critical threat objects such as knifes MEMORANDUM Aviation Administration to report to Congress or guns. A man boarded a Southwest Airlines Date: May 29, 2001. on the status of background checks for current plane on October 23rd with a gun in his brief- Subject: ACTION: Compliance of enforce- employees and the training on anti-hijacking case. Screeners at the Louis Armstrong New ment philosophy. measures for all flight and cabin crews. Also, Orleans International Airport did not catch the From: Associate Administrator for Civil a National Security Coordination Council gun when the briefcase was put through a se- Aviation Security, ACS–1. would be created to help coordinate security curity checkpoint X-ray machine. A man at To: Managers, Civil Aviation Security Divi- Dulles International Airport was arrested by an sions 700’s, Federal Security Managers. and intelligence measures between agencies As we work with the aviation industry, it regarding aviation safety. FAA inspector after the inspector saw the man is important to remember that our primary Under the substitute, some enhancement of pass through security with a knife in his shoe. goal as a regulatory agency is to gain com- security measures would be visible to all trav- The knife did not set-off the metal detectors. pliance. While I know there are cir- elers and bring reassurance that American In almost every instance, these breaches of cumstances that present difficult choices, it skies are safe again. Armed federal law en- security occur because local screeners are would be helpful to explain our approach to forcement personnel would be placed at all under-trained and underpaid. In order to meet compliance and enforcement issues. screening locations and all baggage, checked their bottom line in a tight market, airlines As I outlined in the ACS strategic plan, or carry-on, would be screened. Secured have entered into low-bid contracts with secu- the safety and security of the flying public rity screening companies. As is usually the will depend upon the FAA and industry areas would receive greater security measures maintaining a candid, respectful, and mutu- to limit access to only authorized personnel case, you get what you pay for. Most screen- ally responsive business relationship. To be through advanced technologies and additional ing companies pay their workforce the min- effective in this relationship, we need to be deployment of security personnel at entry imum wage. As a result, the average turnover flexible. While I expect regulated parties to points. Also, the substitute would require rate for screeners is 126 percent a year na- comply with regulatory requirements, there strengthening of cockpit doors and limit in- tionwide. Ninety percent of all screeners at will be times when we find areas of non- flight access to the cockpit. any given checkpoint have less than six- compliance. When we do, I want to fully con- Some security measures would be unseen, months experience. This is simply unaccept- sider the actions the party has taken to fix able. the problem. I want to work with industry to such as the increased number of Department of Transportation Federal Air Marshals. This Passenger and baggage screeners are the develop action plans to permanently correct front lines of defense against terrorism in the problems that have resulted in violations. To substitute provides for an expanded Federal encourage industry to join us in this effort I Air Marshal program to increase their pres- sky. The safety of our family and friends are do not expect us to impose a civil penalty ence on more domestic flights and on all inter- in their hands. This is why I support federal- against a regulated party for certain national flights. izing our national airport security system. By federalizing the system, we will ensure unaggravated violations, if we believe the In addition, this substitute addresses con- that airport security screeners are: paid a sal- party has successfully implemented a perma- cerns about flight training, by requiring flight nent fix that will resolve the security prob- ary that more accurately reflects the skill level school students to undergo background lem and preclude recurrence of future viola- of their job; have opportunities for career ad- checks through the Department of Justice be- tions. To answer questions you may have vancement within the federal government; and fore they can receive training. about this new philosophy and how it will pass a federal background check before they Finally, Mr. Chairman, I want to stress the work, detailed guidance will be provided to are hired or trained. you shortly. importance of federal employees. Their impor- Higher pay and an opportunity for career I want to continue to give our partners a tance to this nation, as time and time again, realistic opportunity to comply withthe reg- advancement will attract and retain a higher they come to the forefront in meeting the caliber of individuals into this important profes- ulations and to work with us. needs of America. 20 million men and women Mrs. MORELLA. Mr. Chairman, I rise today sion. work in government service in every city, As we begin to develop this new model for in support of the substitute that would fed- county and state across America, and in hun- airport security, we must include local airport eralize our airport security personnel. dreds of cities abroad. My district has over authorities in the process. I want to thank Mr. GANSKE for all his dili- 42,000 public servants working there. Earlier this week, I met with several rep- gent work addressing this vital issue for all Public servants teach and work in our resentatives of the San Diego Port Authority, Americans. Several weeks ago the Senate schools, deliver Social Security and Medicare which operates the Lindbergh Field Airport in passed this language by unanimous vote of benefits, fight disease and promote better San Diego. They gave me a tour of our local 100 to 0. This substitute embodies many of health, protect our environment and national airport security system. We also discussed the the important provisions that would allow the parks, improve transportation and the quality practical implications of federalizing screening government to take a more active role in pro- of our water and food. They fight crime and personnel. It was very clear that these experts viding security for our nation’s transportation fire, and help us recover from natural disas- know the strengths and weaknesses of their systems. ters. airport better than anyone else. It would make all baggage and passenger They build and maintain our roads, high- Rather than reinventing the wheel, the fed- screeners at 140 of the largest airports, fed- ways and bridges, and help keep our econ- eral government should use this local exper- eral employees under the authority of the De- omy stable. They are at work to ensure equal tise. As partners, the new federal Transpor- partment of Justice. The Department of Jus- treatment under the law, to defend our free- tation Safety Administration and local airport tice would be responsible for hiring, training, dom, and advance our national interests authorities can develop strong, standardized and disciplining the screeners. Additionally, around the world. Most importantly, they help safety procedures that meet the specific the Attorney General would undertake thor- make America a better place to live, to work, logistical needs of every airport. In doing so, ough background checks for all potential and to raise our families. If federal employees the bottom line in airline security shifts from screeners. provide these many services to the nation dollars and cents to safety and security. Additionally, the Department of Justice then they certainly are capable of providing In just a few short weeks, Americans will would establish vigorous standards of training security for aviation. travel to be with their families for the holidays. standards for all screeners. 40 hours of class- The stellar performance of public servants They are counting on us to make the skies room training and 60 hours of on-the-job train- and increased security measures would allow safe. We must not let them down. We must ing would be required before security employ- the government to maintain airport security act now to remedy the dangerous inconsist- ees could begin working in airports. Flexible and help restore America’s confidence in the encies in our national airport security system. security measures for small and medium size aviation industry, especially with the holiday I urge this Congress to pass a strong airport airports are provided by allowing screeners at season rapidly approaching. security bill into law. those locations to be federal employees or I urge all members to vote in favor of this Mr. TOWNS. Mr. Chairman, I am proud to state or local law enforcement officers. substitute. stand with my colleagues from both sides of The substitute addresses the need for more Mrs. DAVIS of California. Mr. Chairman, I the aisle as well as the American Pilots Asso- oversight of transportation security. The Attor- rise today in strong support of this effort to ciation and the Flight Attendants Association ney General and Secretary of Transportation strengthen the airport security. in support of airline security legislation that will would be required to report to Congress on Our current airport security system is woe- provide all Americans with renewed con- the status of airport security measures and fully inadequate. fidence in the safety of our airplanes. This is

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 9920 E:\CR\FM\A01NO7.108 pfrm01 PsN: H01PT2 H7686 CONGRESSIONAL RECORD — HOUSE November 1, 2001 not about politics. This is about safety and re- ized police officers patrol the streets of our stitute to H.R. 3150, the Secure Transportation assuring the public that every step that can be states and districts? Did they forget that all for America Act of 2001. The Ganske-Oberstar taken towards providing safe passage in our members of this body are protected at work substitute contains the essential federalization skies will be made. I thank the pilots and the every day by the excellent, unionized law en- of airport security standards and employees flight attendants for their leadership on the forcement officers of the Capitol Police? Amer- necessary to ensure protection for the flying front lines in this battle to provide Americans ica long ago determined that workers have the public. An identical measure, S. 1477, passed with safe passage. However, it should not be right to organize and some current private air- the Senate unanimously three weeks ago. We left to pilots and flight attendants to have to port security personnel are unionized. I trust need to act now, in a bipartisan manner, to protect their passengers from terrorists. We our union and non-union law enforcement offi- send the President tonight the language the must do more to stop the threat of terrorism cers on all levels of government, and I will Senate already agreed to and which can go from even reaching our planes, freeing pilots trust new law enforcement officers at airport into effect tomorrow. and flight attendants to do their respective security posts across the country. Current airport protection is insufficient to jobs. The most disappointing explanation for the protect travelers. We need to increase the I believe that the only way to truly assure House leadership’s position is their funda- number of air marshals on flights, expand the traveling public as well as the flight crews mental distrust of government. This view of antihijacking training for flight crews, fortify that everything is being done to eliminate the government is not shared by the American cockpit doors, and inspect every bag placed threat of terrorism is to take the responsibility people. For example, Americans support and onboard an airplane. Transportation Secretary for airline security out of the hands of third respect our military personnel engaged in Mineta stated that new security measures parties. Airline security is national security and complex, dangerous, and vital missions must be done in an effective and consistent our national security must never be contracted against terrorism around the globe. Americans manner. To achieve quality uniform standards out. Several airlines have already taken ex- also support and respect our firefighters, po- nationwide, we must federalize passenger traordinary steps on their own and with the en- lice officers, and emergency personnel around screeners and baggage handlers in all our air- couragement of Secretary Norm Mineta and the country. I hope that the House will soon ports. New federal accountability and training the Department of Transportation to strength- give Americans a chance to support and re- will ensure public safety, confidence in trav- en cockpit doors and install video monitoring spect aviation security law enforcement. elers, and consistency in enforcement. systems. Nevertheless, we must do everything In a related misleading argument, the House The job of an airport security worker is to possible to reassure the American people that leadership also claims the size of government prevent terrorism from occurring. By federal- it is safe to go about the business of flying. On will be increased in order to oppose aviation izing this responsibility, new training and air- September 11, 2001 the world changed, security law enforcement officers. Of course, port policies can be standardized and properly today, I urge my colleagues to help us take the cost to government and the taxpayers will enacted. Airline passengers will have more back an important piece of our economy and be the same regardless of whether the checks confidence in our system, and terrorists will the American way of life, support bipartisan go directly from the Treasury to the law en- not be able to exploit the current weakness of Airline Security bill. forcement officers or from the Treasury to a our airports and airlines. Mr. BENTSEN. Mr. Chairman, I rise in contractor and then to the contract employees. Mr. Chairman, I support the Ganske-Ober- strong opposition to H.R. 3150 which refuses It is meaningless whether the size of the fed- star bipartisan substitute to H.R. 3150, the Se- to provide the public with what they need: full eral workforce increases or contracts, what cure Transportation for America Act. By pass- law enforcement protection at airports. Alter- matter is the bill to the taxpayers. Of course ing this landmark legislation we are correcting natively, I strongly support the Oberstar sub- the House leadership is trying to hide the fact short comings in our airport security system stitute amendment which uses federal law en- that the Senate-passed legislation would pay that should have been enacted following the forcement officers to ensure sufficient security the law enforcement officers with a $2.50 se- December 21, 1988 terrorist bombing of Pan at the nation’s airports. curity fee on each one-way trip, without in- Am Flight 103. It is unfortunate that it took an The overwhelming majority of my constitu- creasing the cost to the Treasury and there- event such as the terrorist hijackings of Sep- ents demand that airport security be the re- fore the size of the government. tember 11, 2001 to secure these long overdue sponsibility of the federal government. After The House leadership also points to public- reforms. The Ganske-Oberstar substitute will the unforgettable morning of September 11th, private security systems in Europe as models make America safer than it’s ever been. There I believe Americans will be safer, feel safer, for our new system. However, our current se- is broad bipartisan support for this substitute, and return to the skies faster when they know curity is already handled by the subsidiaries of and action is needed now. Let’s do what’s that the baggage and passenger screeners the companies that operate in Europe. I would right for the American people. are law enforcement officers in the employ of also add that the successful aviation security Mr. UDALL of New Mexico. Mr. Chairman, I the American people. September 11th ex- system in Japan is made up of law enforce- rise today in strong support of Mr. OBERSTAR’S posed the flaws in the current security struc- ment officers. Since the House leadership substitute amendment to H.R. 3150. As we ture of our airports. The time has come to get rarely looks to Europe for inspiration on other are all now painfully aware as a result of the the airlines out of the security business and let public policies, I suspect they are getting des- hijackings and attacks of September 11, Con- them focus on the airline business. Just like perate. While I believe that the private security gress must act to strengthen the level of secu- the Customs Service and Immigration, airport firms can be capable in many circumstances, rity on flights and in the airports throughout and airline security should be the domain of I believe Americans will get the largest in- the country. I believe that Mr. OBERSTAR’S federal law enforcement. creases in safety and accountability at airports amendment most effectively achieves this The House leadership is using several mis- by using American law enforcement officers. goal. leading arguments to push H.R. 3150 over a Basic economics tells us that you get what Mr. OBERSTAR’S amendment is identical to bipartisan bill that passed the Senate 100 to 0. you pay for. By contracting our airport security S. 1447, the Aviation Security Act, which for instance, the House leadership says that personnel to the lowest bidder has resulted in passed the Senate 100 to 0 on October 11, employees of private companies can be held overworked, undertrained, and underpaid per- 2001. This measure places responsibility for more accountable than law enforcement offi- sonnel. In every other instance, security is a aviation security with the Federal Government cers because they can be fired more easily. function of public law enforcement. Why to ensure that professional law enforcement However, S. 1447 clearly waives civil service should publicly owned airports be any dif- agents are in charge of securing the airports laws, regulations and protections for airport ferent. We should adopt the Oberstar sub- and airplanes. security employees—making them as easy to stitute and provide a real sense of security to According to the General Accounting Office discipline or terminate as private employees. the flying public. and the Transportation Department Inspector The House leadership also says that the re- I encourage all members to ignore political General, airport security screeners are still quirements for hiring will delay action. I be- pressures and vote their conscience on this often paid less than fast-food workers, which lieve we should take difficult action rather than issue. I am optimistic that we can agree that contributes to an average employee turnover accepting the status quo. However, S. 1447 we want law enforcement, not corporations, to rate of more than 120% nationally and more sets a deadline of one year for the full staffing catch criminals in our airports. We have tried than 400% at some airports. If, when dis- of the aviation security system by law enforce- contracting out our aviation security, and I do cussing these facts, we were discussing local ment. not believe the American people will allow it police officers, U.S. Customs Service Agents, The House leadership also criticizes the any further. Border Patrol agents or other agents who are Senate bill because law enforcement officers Ms. MCCARTHY of Missouri. Mr. Chairman, tasked with protecting the American People are often unionized. Did they forget that union- I rise to support the Ganske-Oberstar sub- from harm, everybody in this Chamber would

VerDate 13-OCT-2001 00:24 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 9920 E:\CR\FM\A01NO7.111 pfrm02 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7687 demand reform. It is abundantly clear that Our current aviation system is broken, which and baggage security personnel, I would have these airport screeners are the front line in September 11th demonstrated. This substitute to ask if that would be so bad for the Amer- aviation security and therefore are as impor- legislation will move us toward dramatically ican traveling public. Don’t American air pas- tant as the thousands of men and women in improving our current system by securing both sengers deserve to feel as secure in our air- the other areas of law enforcement and citizen our airplanes and airports. Airplanes would in- ports as they do when visiting a Federal court- protection. crease their cockpit security and add more house? I suggest they do. Security at our Fed- Mr. Chairman, it is imperative that we turn federal Air Marshals, while airports would eral courthouses are provided by the Federal airplane screeners into a professional, highly screen ALL baggage and these screeners Protective Services, an entity of the Federal skilled, highly trained law enforcement work- would be well qualified for the task. government. I submit that air travelers are en- force to ensure the best possible security for American’s deserve better screeners than titled to the same level of security. all airline passengers and crews. the ones they have now. A glaring example of The Senate bill does not provide airport se- I urge my colleagues to support Mr. OBER- just how bad these screeners are took place curity personnel with the job protections estab- STAR’S substitution amendment. in my home city, at the Philadelphia Inter- lished under the Civil Service System. The bill Ms. LEE. Mr. Chairman, I rise to voice my national Airport. provides little tolerance for any security em- support for the Democratic substitute offered In 1998, the Airport notified the Federal ployee who fails to perform his or her job thor- by Mr. OBERSTAR and Mr. GANSKE. Aviation Administration about the questionable oughly and accurately. To say that federaliza- The events of September 11th have made it background of Argenbright Security employ- tion of the airport security workforce will only critical that this Congress pass legislation that ees. An investigation was conducted and the reward lazy, incompetent, and overpaid secu- will meet our needs in ensuring safe travel in company was ultimately convicted of falsifying rity personnel is a total distortion. our skies. This Democratic bill will pull existing employment documents. Agrenbright had not Another argument raised by the majority is security systems up by their roots and improve conducted the required background checks, that the Leadership proposal models the sys- them dramatically by putting well-trained, pro- issued security badges and consequently tem used in European countries and Israel. I fessional federal law enforcement agents in hired convicted criminals. Argenbright was have no disagreement with that argument. The charge of airport and airplane security. People fined $1.2 million dollars and the perpetrators weakness in the assertion, however, is that want this and they deserve this. the same security contractors serving the na- In my district, I have seen first-hand what were imprisoned. Shockingly, it has now been discovered that tion’s airports today are the same security enhanced security measures can do and have contractors found at most international air- heard about the plans to further strengthen se- Argenbright Security is still not conducting proper background checks of its employees, ports. curity measures. We must provide the appro- These contractors may work well overseas therefore risking the safety of all American’s. priate resources to strengthen and implement but in providing for our homeland security, This is unacceptable. expanded aviation security measures, particu- they have failed. Look at the record. Turnover larly since they must be sustained over a long If the Philadelphia International Airport had not conducted random audits of the screening among initial security personnel exceeds 400 period of time—this is vital. All baggage and percent at some airports. Contractors fail to firm, none of this would have been discovered. cargo must be screened. This is a basic secu- conduct criminal background checks on the It is not the Airports responsibility to ensure rity measure that should be standard—it could people they hire. In fact, one company was re- proper screening, it is the security firms, and save lives. cently fined for hiring security personnel with they have continually failed in their job. Millions of people, customers and workers, prior arrest records. The pattern is clear. Cur- This is just one reason that I firmly believe have come to rely on airline travel, air cargo, rent security contractors hire security per- our nation’s airport screeners should be fed- aircraft recreation and tourism, and we have to sonnel at minimum wages to provide the flying eral employees. Our national security depends do all we can to ensure their safety. As we en- public minimum airline security. Do I want on consistent, enforceable aviation security hance security in our airports and on aircraft, these same companies to be rewarded with standards that ensure the safety of all Ameri- we cannot forget the employees who face lay- larger contracts, so they can cover higher cans. offs. overhead costs because of stricter require- We would not even consider contracting our A large number of these workers are minori- ments? ties. They must be given employment priority. for FBI, CIA or Capitol Police employees. We No! The private sector has failed to make They should be afforded the first opportunities hire trained Federal professionals for these America’s air transport system secure, and it to be retrained under these new regulations vital positions and we should do the same for is now the responsibility of the Federal gov- and they should be provided the first oppor- our airport screeners. ernment to ensure the security of our airports. tunity to enter into our civil society workforce. By hiring Federal Law Enforcement officers Another aspect of H.R. 3150 which I find As we move to federalize our aviation secu- to conduct screening, we take a step toward particularly offensive is a provision that will ex- rity, we must ensure that the civil liberties of increasing the confidence of our flying public. empt all corporate interests from liability from federal employees and airline passengers will The sooner we take responsibility for aviation the September 11 assault. The families and not erode—this includes federal employee pro- security; the sooner American’s will take to the survivors of the World Trade Center and the tections. sky once again. Pentagon tragedies will have little recourse to I must also express my concern about the Mr. Chairman, aviation security is National seek accountability for the negligent acts of a five-year citizenship requirement in this legisla- security and I urge my colleagues to vote in corporation which may have encouraged the tion that is not mandated by any other federal favor of the Democratic Substitute Amend- terrorists to succeed in prosecuting their at- agencies. There are many legal residents in ment. tacks on innocent Americans. In other words, this country who vote and pay taxes. If they Ms. KILPATRICK. Mr. Chairman, I rise in this bill will protect even a private airport bag- clear all back ground checks, they must not be support of the amendment being offered by gage screening company that may ultimately discriminated against for these positions. We the gentleman from Minnesota (Mr. OBER- be found to have recklessly allowed a break- cannot set a double standard which will have STAR), and I intend to vote against this bill un- down in security protocols. negative ramifications for many aviation secu- less the Oberstar Amendment is incorporated In early October, this body passed the Air rity workers. in this bill. The other side of the aisle argues Transportation System Stabilization Act. I op- I am not convinced that this mandate will that federalization of passenger and baggage posed that bill because it represented a bail- guarantee the trust worthiness or skill of the screeners is not in the best interest of pro- out of the airline industry and a Federal wage screener workforce. Again, I look forward to moting an efficient security process at our na- protection program for highly paid airline ex- working with my colleagues to comprehen- tion’s airports. Covering these jobs under the ecutives. It did NOTHING for rank and file air- sively assess and remedy this matter as this umbrella of the Federal government, they line industry employees dislocated in the wake policy is implemented. We must work together argue, only makes government unnecessarily of September 11 attack. Once again, the to make our skies safe, boost confidence in bigger and makes it impossible to dismiss Leadership is sponsoring a bill that rewards the airlines, and help our economy, the Amer- Federally-employed security personnel for corporate interests and ignores the wage re- ican people, and the country. mal- or misfeasance. Those arguments are placement and health insurance coverage The Democratic bill will do this—I strongly bogus, and the leadership of this Chamber needs of dislocated airline workers. urge my colleagues to vote ‘‘yes’’ for the should be ashamed of itself for deliberately Mr. Chairman, this bill does little to restore Democratic substitute. distorting the terms of the Senate-passed Air- the passengers’ confidence in the safety and Mr. BORSKI. Mr. Chairman, I rise today in line Security bill. security of the national air transport system, strong support of the Democratic Substitute Even if the Senate-passed bill proposed ex- and it protects corporate interests for past fail- Amendment. tending federal job protections to passenger ures to protect the air traveling public. For

VerDate 13-OCT-2001 00:24 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 9920 E:\CR\FM\A01NO7.084 pfrm02 PsN: H01PT2 H7688 CONGRESSIONAL RECORD — HOUSE November 1, 2001 these reasons, Mr. Chairman, I urge my col- passed unanimously by the Senate three Frank Luther Roemer Frost Lynch Ross leagues to support the amendment by Mr. weeks ago. Ganske Maloney (CT) Rothman OBERSTAR and, failing that, oppose the pas- The Oberstar substitute would place respon- Gephardt Maloney (NY) Roukema sage of the underlying bill, H.R. 3150. sibility for aviation security with the Federal Gonzalez Markey Roybal-Allard Ms. McCOLLUM. Mr. Chairman, I rise today Government to ensure that professional law Gordon Mascara Rush Green (TX) Matheson Sabo in support of the Democratic substitute to enforcement agents are in charge of securing Hall (OH) Matsui Sanchez strengthen the security measures at our na- our nation’s airports. A competent, well Harman McCarthy (MO) Sanders tion’s airports and in our nation’s skies. It is equipped, well trained, and well qualified law Hastings (FL) McCarthy (NY) Sandlin critical that we pass aviation security legisla- Hill McCollum Sawyer enforcement force is what is so desperately Hilliard McDermott Schakowsky tion that protects our national security, en- needed to restore the confidence of the Amer- Hinchey McGovern Schiff sures passenger safety, and restores Amer- ican public in flying. In addition, the Oberstar Hinojosa McIntyre Scott ica’s confidence in our aviation system. substitute would increase the placement of Hoeffel McKinney Serrano Holden McNulty Sherman Our nation has taken significant steps to ap- Federal Air Marshals on both domestic and Holt Meehan Shows propriately respond to the events of Sep- international flights, enhance cockpit security, Honda Meek (FL) Skelton tember 11th, and I am proud of how Congress and provide airline crews with intensive Hooley Meeks (NY) Slaughter has worked together in our war against ter- Hoyer Menendez Smith (NJ) counter-terrorism training. Mr. Speaker, this bi- Inslee Millender- Smith (WA) rorism. Now, however, we must take the nec- partisan aviation security substitute amend- Israel McDonald Snyder essary step of making the federal government ment would remedy one of the most major Jackson (IL) Miller, George Solis directly responsible for protecting airline pas- identified problems with the current airport se- Jackson-Lee Mink Spratt (TX) Mollohan Stark sengers and ensuring that air travel anywhere curity system, that of low wages and high turn- Jefferson Moore Stenholm in the United States complies with the most over amongst security screeners. Ensuring John Moran (VA) Strickland stringent safety standards and regulations. higher pay for and job stability amongst secu- Johnson, E.B. Morella Stupak Aviation security is a matter of national se- Jones (OH) Murtha Tanner rity screeners would improve the competency Kanjorski Nadler Tauscher curity and the United States doesn’t ‘‘contract and control of airport security. Kaptur Napolitano Taylor (MS) out’’ the security forces that defend and pro- Mr. Chairman, as the Delegate from Guam, Kennedy (RI) Neal Thompson (CA) tect our nation. We would never consider con- I represent a community whose economy is Kildee Oberstar Thompson (MS) tracting out the duties of the U.S. Customs Kilpatrick Obey Thurman significantly dependent on tourism. Our tour- Kind (WI) Olver Tierney Service, Border Patrol or local police depart- ism industry is unavoidably linked to and driv- Kleczka Owens Towns ments, and it makes no sense to do so with en by the airline industry, and without its effi- Kucinich Pallone Turner airport screeners, who act as the front line in LaFalce Pascrell Udall (CO) cient and consistent functioning, our economy Lampson Pastor Udall (NM) aviation security. suffers. Our potential visitors must and need Langevin Payne Vela´ zquez Safety at our nation’s airports is of critical to feel safe in flying, or else they will forfeit Lantos Pelosi Visclosky importance. I support the appropriate federal- their travel experiences. For those of us who Larsen (WA) Peterson (MN) Waters ized role of placing federal security personnel Larson (CT) Phelps Watson (CA) live in Guam or the other insular areas, travel Leach Pomeroy Watt (NC) and equipment in every American airport. A by air is our way to and from the mainland for Lee Price (NC) Waxman professionally trained security force with a na- business, for pleasure, or to see loved ones. Levin Rahall Weiner Lewis (GA) Ramstad Wexler tional screening and oversight standard is ab- It is our duty, it is our responsibility to ensure solutely necessary to give confidence to air Lipinski Rangel Wolf their safety and to restore their confidence in Lofgren Reyes Woolsey travelers and airline industry employees. flying. I urge adoption of the Oberstar sub- Lowey Rivers Wu Securing our nation’s airspace allows trav- stitute. Lucas (KY) Rodriguez Wynn elers to not only take advantage of the bene- Mr. MICA. Mr. Chairman, I yield NOES—218 fits and ease of air service, but is at the core back the balance of my time. of our 21st Century economy. A strong avia- Aderholt Davis, Tom Hobson The CHAIRMAN. All time for debate tion system also has a major secondary com- Akin Deal Hoekstra has expired. Armey DeLay Horn mercial impact—through travel agencies, taxi The question is on the amendment in Bachus DeMint Hostettler and chauffeur services, and the hospitality Baker Diaz-Balart Houghton the nature of a substitute offered by sector, to name a few. Restoring faith in our Ballenger Doolittle Hulshof the gentleman from Minnesota (Mr. Barr Dreier Hunter nation’s aviation system is essential to com- OBERSTAR). Bartlett Duncan Hyde mercial health and vitality. The question was taken; and the Barton Ehlers Isakson In the past, Congress has passed aviation Bass Ehrlich Issa security measures but failed to fully implement Chairman announced that the noes ap- Bereuter English Istook peared to have it. Biggert Everett Jenkins them. It is clear we must go farther now. Any- Bilirakis Ferguson Johnson (CT) thing approaching the status quo is absolutely RECORDED VOTE Blagojevich Flake Johnson (IL) not acceptable. In the end, we must be able Mr. OBERSTAR. Mr. Chairman, I de- Blunt Fletcher Johnson, Sam mand a recorded vote. Boehlert Foley Jones (NC) to look back on this debate and know that de- Boehner Forbes Keller spite our differences in the process, we have A recorded vote was ordered. Bonilla Fossella Kelly achieved one common goal: a stronger, safer The vote was taken by electronic de- Bono Frelinghuysen Kennedy (MN) national aviation system. vice, and there were—ayes 214, noes 218, Brady (TX) Gallegly Kerns Brown (SC) Gekas King (NY) Mr. UNDERWOOD. Mr. Chairman, after not voting 1, as follows: Bryant Gibbons Kingston weeks of delay I am pleased that the House [Roll No. 423] Burr Gilchrest Kirk Burton Gillmor Knollenberg leadership has finally decided to act on this vi- AYES—214 tally important issue, that of improving the se- Buyer Gilman Kolbe Abercrombie Boyd Davis (IL) Callahan Goode LaHood curity at our nation’s airports, but I am dis- Ackerman Brady (PA) DeFazio Calvert Goodlatte Largent appointed that they have chosen to move for- Allen Brown (FL) DeGette Camp Goss Latham ward with a bill that squanders our opportunity Andrews Brown (OH) Delahunt Cannon Graham LaTourette Baca Capps DeLauro Cantor Granger Lewis (CA) to make a substantive difference in enhancing Baird Capuano Deutsch Capito Graves Lewis (KY) aviation safety and security. Tonight, we have Baldacci Cardin Dicks Castle Green (WI) Linder a chance to do this right and that is why I rise Baldwin Carson (IN) Dingell Chabot Greenwood LoBiondo in opposition to the underlying bill, H.R. 3150, Barcia Carson (OK) Doggett Chambliss Grucci Lucas (OK) Barrett Clay Dooley Coble Gutierrez Manzullo and in strong support of Mr. Oberstar’s sub- Becerra Clayton Doyle Collins Gutknecht McCrery stitute amendment. The fundamental flaw with Bentsen Clement Edwards Combest Hall (TX) McHugh H.R. 3150 as brought to this floor is that it Berkley Clyburn Emerson Cooksey Hansen McInnis Berman Condit Engel Cox Hart McKeon comes up short of restoring America’s con- Berry Conyers Eshoo Cramer Hastert Mica fidence in the security of our airports and air- Bishop Costello Etheridge Crane Hastings (WA) Miller, Dan planes. The bill fails to reassure the public that Blumenauer Coyne Evans Crenshaw Hayes Miller, Gary it is safe to fly and that is why I urge passage Bonior Crowley Farr Cubin Hayworth Miller, Jeff Borski Cummings Fattah Culberson Hefley Moran (KS) of the Oberstar substitute, a measure which is Boswell Davis (CA) Filner Cunningham Herger Myrick identical to S. 1447, the Aviation Security Act, Boucher Davis (FL) Ford Davis, Jo Ann Hilleary Nethercutt

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.087 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7689 Ney Rogers (MI) Tancredo to report the same back to the House forth- ‘‘(10) ensure the adequacy of security meas- Northup Rohrabacher Tauzin with with the following amendment: ures for the transportation of mail and Norwood Ros-Lehtinen Taylor (NC) Strike all after the enacting clause and in- cargo; Nussle Royce Terry sert the following: ‘‘(11) oversee the implementation, and en- Ortiz Ryan (WI) Thomas Osborne Ryun (KS) Thornberry SECTION 1. SHORT TITLE; AMENDMENTS TO sure the adequacy, of security measures at Ose Saxton Thune TITLE 49, UNITED STATES CODE. airports; Otter Schaffer Tiahrt (a) SHORT TITLE.—This Act may be cited as ‘‘(12) oversee the implementation, and en- Oxley Schrock Tiberi the ‘‘Transportation Security Enhancement sure the adequacy, of background checks for Paul Sensenbrenner Toomey Act of 2001’’. airport security screening personnel, individ- Pence Sessions Traficant (b) AMENDMENTS TO TITLE 49, UNITED uals with unescorted access to secure areas Peterson (PA) Shadegg Upton STATES CODE.—Except as otherwise specifi- of airports, and other transportation secu- Petri Shaw Vitter cally provided, whenever in this Act an rity personnel; Pickering Shays Walden amendment or repeal is expressed in terms of Pitts Sherwood Walsh ‘‘(13) develop standards for the hiring, Platts Shimkus Wamp an amendment to, or repeal of, a section or training, and retention of airport security Pombo Shuster Watkins (OK) other provision of law, the reference shall be screening personnel; and Portman Simmons Watts (OK) considered to be made to a section or other ‘‘(14) carry out such other duties, and exer- Pryce (OH) Simpson Weldon (FL) provision of title 49, United States Code. cise such other powers, relating to transpor- Putnam Skeen Weldon (PA) SEC. 2. TRANSPORTATION SECURITY ADMINIS- tation security as the Under Secretary con- Quinn Smith (MI) Weller TRATION. siders appropriate, to the extent authorized Radanovich Smith (TX) Whitfield (a) IN GENERAL.—Chapter 1 is amended by by law. Regula Souder Wicker adding at the end the following: Rehberg Stearns Wilson ‘‘(f) ACQUISITIONS.— Reynolds Stump Young (AK) ‘‘§ 114. Transportation Security Administra- ‘‘(1) IN GENERAL.—The Under Secretary is Riley Sununu Young (FL) tion authorized— Rogers (KY) Sweeney ‘‘(a) IN GENERAL.—The Transportation Se- ‘‘(A) to acquire (by purchase, lease, con- demnation, or otherwise) such real property, NOT VOTING—1 curity Administration shall be an adminis- tration of the Department of Transportation. or any interest therein, within and outside Dunn ‘‘(b) UNDER SECRETARY.— the continental United States, as the Under b 1959 ‘‘(1) APPOINTMENT.—The head of the Ad- Secretary considers necessary; ministration shall be the Under Secretary of ‘‘(B) to acquire (by purchase, lease, con- Mrs. MYRICK, Mr. BASS and Mr. Transportation for Security. The Under Sec- demnation, or otherwise) and to construct, RADANOVICH changed their vote from retary shall be appointed by the President, repair, operate, and maintain such personal ‘‘aye’’ to ‘‘no.’’ by and with the advice and consent of the property (including office space and patents), Ms. SOLIS changed her vote from Senate. or any interest therein, within and outside ‘‘no’’ to ‘‘aye.’’ ‘‘(2) QUALIFICATIONS.—The Under Secretary the continental United States, as the Under So the amendment in the nature of a must— Secretary considers necessary; substitute was rejected. ‘‘(A) be a citizen of the United States; and ‘‘(C) to lease to others such real and per- sonal property and to provide by contract or The result of the vote was announced ‘‘(B) have experience in a field directly re- lated to transportation or security. otherwise for necessary facilities for the wel- as above recorded. ‘‘(3) TERM.—The term of office of an indi- fare of employees of the Administration and b 2000 vidual appointed as the Under Secretary to acquire maintain and operate equipment shall be 5 years. for these facilities; The CHAIRMAN. Under the rule the ‘‘(c) LIMITATION ON PECUNIARY INTERESTS.— ‘‘(D) to acquire (by purchase, lease, con- Committee rises. The Under Secretary may not have a pecu- demnation, or otherwise) and to construct, Accordingly, the Committee rose; niary interest in, or own stock in or bonds repair, operate, and maintain research and and the Speaker pro tempore (Mr. of, a transportation or security enterprise, testing sites and facilities; and THORNBERRY) having assumed the or an enterprise that makes equipment that ‘‘(E) in cooperation with the Administrator could be used for security purposes. chair, Mr. HASTINGS of Washington, of the Federal Aviation Administration and ‘‘(d) FUNCTIONS.—The Under Secretary Chairman of the Committee of the the heads of other Administrations in the shall be responsible for security in all modes Department of Transportation, to utilize the Whole House on the State of the Union, of transportation, including— research and development facilities of those reported that that Committee, having ‘‘(1) carrying out chapter 449, and section Administrations, including the facilities of had under consideration the bill (H.R. 40119, relating to civil aviation security; and the Federal Aviation Administration located 3150) to improve aviation security, and ‘‘(2) security responsibilities over nonavia- in Atlantic City, New Jersey. for other purposes, pursuant to House tion modes of transportation that are exer- ‘‘(2) TITLE.—Title to any property or inter- Resolution 274, he reported the bill cised by Administrations of the Department est therein acquired pursuant to this sub- back to the House with an amendment of Transportation (other than the Federal section shall be held by the Government of Aviation Administration). adopted by the Committee of the the United States. ‘‘(e) ADDITIONAL DUTIES AND POWERS.—In ‘‘(g) TRANSFERS OF FUNDS.—The Under Sec- Whole. addition to carrying out the functions speci- retary is authorized to accept transfers of The SPEAKER pro tempore. Under fied in subsection (d), the Under Secretary unobligated balances and unexpended bal- the rule, the previous question is or- shall— ances of funds appropriated to other Federal dered. ‘‘(1) receive, assess, and distribute intel- agencies (as such term is defined in section The question is on the amendment. ligence information related to transpor- 551(1) of title 5) to carry out functions trans- The amendment was agreed to. tation security; ferred, on or after the date of enactment of ‘‘(2) assess threats to transportation; The SPEAKER pro tempore. The this section, by law to the Under Secretary. ‘‘(3) develop policies, strategies, and plans ‘‘(h) REGULATIONS.— question is on the engrossment and for dealing with threats to transportation se- ‘‘(1) IN GENERAL.—The Under Secretary is third reading of the bill. curity; authorized to issue, rescind, and revise such The bill was ordered to be engrossed ‘‘(4) make other plans related to transpor- regulations as are necessary to carry out the and read a third time, and was read the tation security, including coordinating coun- functions of the Administration. third time. termeasures with appropriate departments, ‘‘(2) FACTORS TO CONSIDER.—In determining agencies, and instrumentalities of the United whether to issue, rescind, or a revise a regu- MOTION TO RECOMMIT OFFERED BY MR. States Government; lation under this section, the Under Sec- OBERSTAR ‘‘(5) serve as the primary liaison for trans- retary shall consider, as one factor in the Mr. OBERSTAR. Mr. Speaker, I offer portation security to the intelligence and final determination, whether the costs of the a motion to recommit. law enforcement communities; regulation are excessive in relation to the The SPEAKER pro tempore. Is the ‘‘(6) on a day-to-day basis, manage and pro- enhancement of security the regulation will gentleman from Minnesota opposed to vide operational guidance to the field secu- provide. In making such determination, the the bill? rity resources of the Administration, includ- Under Secretary shall not undertake a cost Mr. OBERSTAR. I am, Mr. Speaker. ing Federal Security Managers as provided benefit analysis that places a monetary The SPEAKER pro tempore. The by section 44933; value on human life or attempts to estimate Clerk will report the motion to recom- ‘‘(7) enforce security-related regulations the number of lives that will be saved by the and requirements; regulation. mit. ‘‘(8) identify and undertake research and ‘‘(3) LIMITATION.—The Under Secretary The Clerk read as follows: development activities necessary to enhance shall not decide against issuing a regulation Mr. OBERSTAR moves to recommit the bill transportation security; under this section because the regulation H.R. 3150 to the Committee on Transpor- ‘‘(9) inspect, maintain, and test security fa- fails to satisfy a quantitative cost-benefit tation and Infrastructure with instructions cilities, equipment, and systems; test.

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.078 pfrm01 PsN: H01PT2 H7690 CONGRESSIONAL RECORD — HOUSE November 1, 2001

‘‘(4) EMERGENCY PROCEDURES.— SEC. 3. REVIEW AND RECOMMENDATION. ment with the Under Secretary to transfer ‘‘(A) IN GENERAL.—Notwithstanding any (a) COMMENCEMENT OF REVIEW.—Not later any contract the carrier has entered into other provision of law or executive order (in- than 6 months after the date of enactment of with respect to carrying out such function. cluding an executive order requiring a cost- this Act, the President shall commence a re- In entering into any such agreement, the benefit analysis) if the Under Secretary de- view of whether security would be enhanced Under Secretary shall include such terms termines that a regulation or security direc- by transfer of the Transportation Security and conditions as are necessary to ensure tive must be issued immediately in order to Administration to another Department or that the Under Secretary has the authority protect transportation security, the Under Office in the United States Government. to oversee performance of the contractor, to Secretary shall issue the regulation or secu- (b) REPORT.—Not later than 1 year after supervise personnel carrying out screening rity directive without providing notice or an the date of enactment, the President shall at an airport, and to require the replacement opportunity for comment. report to Congress on the conclusions of unsatisfactory personnel.’’. ‘‘(B) REVIEW BY TRANSPORTATION SECURITY reached in the review and on recommenda- SEC. 5. SPECIAL PERSONNEL SYSTEM FOR OVERSIGHT BOARD.—Any regulation or secu- tions for any legislation needed to carry out SCREENERS. rity directive issued under this paragraph a recommended change. (a) DEVELOPMENT.—The Under Secretary of shall remain effective unless disapproved by SEC. 4. IMPROVED PASSENGER SCREENING Transportation for Security shall develop a the Transportation Security Oversight Board PROCESS. personnel system for screeners employed by established under section 44951 or rescinded Section 44901 of title 49, United States the Transportation Security Administration by the Under Secretary. Code, is amended to read as follows: governing such matters as their compensa- tion and benefits and the authority of the ‘‘(i) PERSONNEL AND SERVICES; COOPERA- ‘‘§ 44901. Screening passengers and property Administration to suspend or terminate such TION BY UNDER SECRETARY.—In carrying out ‘‘(a) IN GENERAL.—The Under Secretary of employees. the functions of the Administration, the Transportation for Security shall be respon- (b) GUIDING PRINCIPLES.—In developing the Under Secretary shall have the same author- sible for the screening of all passengers and personnel system, the Under Secretary— ity as is provided to the Administrator of the property that will be carried in an aircraft in (1) shall not be required to follow laws and Federal Aviation Administration under sub- air transportation or intrastate air transpor- regulations governing Federal civil service sections (l) and (m) of section 106. tation and for issuing implementing regula- employees or other Federal employees; and ‘‘(j) ACQUISITION MANAGEMENT SYSTEM.— tions. The screening must take place before (2) shall be guided by the following prin- The acquisition management system estab- boarding of such passengers and loading of ciples: lished by the Administrator of the Federal property and be carried out by security (A) the need to establish levels of com- Aviation Administration under section 40110 screening personnel using equipment and pensation which will attract employees with shall apply to acquisitions of equipment and processes approved for that purpose by the competence and expertise comparable to materials by the Transportation Security Under Secretary. other Federal inspectors and law enforce- Administration, except that subject to the ‘‘(b) FEDERAL SECURITY SCREENING PER- ment personnel; requirements of such section, the Under Sec- SONNEL.—Except as provided in subsection (B) the need for the Administration to retary may make such modifications to the (c), the Under Secretary shall carry out the have suspension and termination authority acquisition management system with re- screening function under subsection (a) which will ensure that security will not be spect to such acquisitions of equipment and using— compromised and that the screener work materials as the Under Secretary considers ‘‘(1) employees of the Transportation Secu- force will be composed of employees with a appropriate.’’. rity Administration who are citizens of the high level of competence and dedication to (b) CONFORMING AMENDMENT.—The analysis United States; or their responsibilities; and for chapter 1 is amended by adding at the ‘‘(2) employees of another department, (C) the need for employees to be protected end the following: agency, or instrumentality of the United against arbitrary or unsubstantiated deci- States Government who are citizens of the sions which result in the permanent loss of ‘‘114. Transportation Security Administra- United States, with the consent of the head their jobs; except that the Under Secretary tion.’’. of the department, agency, or instrumen- shall ensure that the procedures developed to (c) POSITION OF UNDER SECRETARY IN EXEC- tality. protect employees are consistent with the UTIVE SCHEDULE.—Section 5313 of title 5, ‘‘(c) TRANSITION PERIOD.— need to maintain security at all times and, United States Code, is amended by adding at ‘‘(1) IN GENERAL.—As soon as practicable, in establishing the procedures, shall consider the end the following: but not later than the last day of the 1-year the procedures established in private sector ‘‘The Under Secretary of Transportation period beginning on the date of enactment of firms for employees with important safety for Security’’. the Transportation Security Enhancement and security responsibilities. (d) REFERENCES TO FAA IN CHAPTER 449.— Act of 2001, the Under Secretary shall carry SEC. 6. SECURITY PROGRAMS. Chapter 449 is amended— out the screening function under subsection Section 44903(c) is amended— (1) in section 44904(b)(5) by striking ‘‘the (a) using solely Federal security screening (1) in the first sentence of paragraph (1) by Administration’’ and inserting ‘‘the Trans- personnel described in subsection (b). In such inserting after ‘‘at each of those airports’’ portation Security Administration’’; 1-year period, screening functions may be the following: ‘‘, including at each location (2) in the second sentence of section performed by personnel other than Federal at those airports where passengers are 44913(a)(1) by striking ‘‘of the Administra- security screening personnel (including per- screened,’’; tion’’ and inserting ‘‘of the Transportation sonnel provided by a contractor under an (2) in paragraph (2)(C)(i) by striking ‘‘shall Security Administration’’; agreement with the Under Secretary). Dur- issue an amendment to air carrier security (3) in section 44916(a)— ing such 1-year period, the Under Secretary programs to require’’ and inserting ‘‘shall re- (A) in the first sentence by striking ‘‘Ad- shall begin to assign Federal security screen- quire’’; and ministrator’’ and inserting ‘‘Under Secretary ing personnel to airports as soon as prac- (3) by adding at the end the following: of Transportation for Security’’; and ticable. ‘‘(3) ANNUAL REVIEW AND APPROVAL.—On an (B) in the second sentence by striking ‘‘Ad- ‘‘(2) RESPONSIBILITIES OF AIR CARRIERS.—In annual basis, the Administrator shall review, ministration’’ and inserting ‘‘Transportation the 1-year period referred to in paragraph (1), and approve or disapprove, the security pro- Security Administration’’; until otherwise directed by the Under Sec- gram of an airport operator.’’. (4) in each of sections 44933(a) and 44934(b) retary, an air carrier, intrastate air carrier, SEC. 7. EMPLOYMENT STANDARDS AND TRAIN- by striking ‘‘Assistant Administrator for or foreign air carrier shall continue to carry ING. Civil Aviation Security’’ and inserting out the screening of passengers and their (a) EMPLOYMENT STANDARDS.—Section ‘‘Under Secretary’’; property in accordance with the require- 44935(a) is amended— (5) in section 44934(b)(1) by striking ‘‘As- ments of this section (including regulations (1) in the first sentence by inserting ‘‘, per- sistant Administrator’’ and inserting ‘‘Under issued to carry out this section), as in effect sonnel (including Federal employees) who Secretary’’; on the day before the date of enactment of screen passengers and property,’’ after ‘‘air (6) by striking sections 44931 and 44932 and the Transportation Security Enhancement carrier personnel’’; the items relating to such sections in the Act of 2001. During the period in which car- (2) by striking ‘‘and’’ at the end of para- analysis for such chapter; riers continue to be responsible for such graph (4); (7) by striking ‘‘Administrator’’ each place screening, the Under Secretary shall use (3) by striking the period at the end of it appears in such chapter (except in sub- Federal security screening personnel to sup- paragraph (5) and inserting a semicolon; and sections (f) and (h) of section 44936) and in- plement the screening personnel provided by (4) by adding at the end the following: serting ‘‘Under Secretary’’; the carriers and oversee the screening proc- ‘‘(6) citizenship requirements, including re- (8) by striking ‘‘Administrator’s’’ each ess as necessary to ensure the safety and se- quirements consistent with section 44901(b), place it appears in such chapter and insert- curity of operations. when appropriate; ing ‘‘Under Secretary’s’’; and ‘‘(3) ASSIGNMENT OF CONTRACTS.—Upon re- ‘‘(7) minimum compensation levels, when (9) by striking ‘‘of the Federal Aviation quest of the Under Secretary, an air carrier, appropriate; Administration’’ each place it appears in intrastate air carrier, or foreign air carrier ‘‘(8) a preference for the hiring of any indi- such chapter (except in section 44936(f)) and carrying out a screening function described vidual who is employed as an airport secu- inserting ‘‘of Transportation for Security’’. in subsection (a) may enter into an agree- rity screener on the date of enactment of the

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.090 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7691 Transportation Security Enhancement Act (G) for screeners performing manual after consultation with the heads of other of 2001 and is qualified for the position; and searches of cargo, the ability to use tools Federal agencies and departments, personnel ‘‘(9) a preference for the hiring of any indi- that allow for opening and closing boxes, from those agencies and departments, on a vidual who is a former employee of an air crates, or other common cargo packaging; reimbursable or nonreimbursable basis, to carrier and whose employment with the air (H) for screeners performing screening of provide air marshal service.’’. carrier was terminated as a result of a reduc- cargo, the ability to stop the transfer of sus- (b) CONFORMING AMENDMENT.—The analysis tion in the workforce of the air carrier and pect cargo onto passenger air carriers; and for chapter 449 is amended by adding after is qualified for the position.’’. (I) for screeners performing pat-down or the item relating to section 44916 the fol- (b) EMPLOYMENT STANDARDS FOR SCREEN- hand-held metal detector searches of per- lowing: ERS.—Section 44935 is amended by adding at sons, sufficient dexterity and capability to the end the following: thoroughly conduct those procedures over a ‘‘44917. Deployment of Federal air mar- shals.’’. ‘‘(g) TRAINING FOR ALL SCREENERS, SUPER- person’s entire body. VISORS, AND INSTRUCTORS.— (3) COMMAND OF ENGLISH LANGUAGE.—A SEC. 9. ENHANCED SECURITY MEASURES. ‘‘(1) IN GENERAL.—The Under Secretary screener shall be able to read, speak, write, (a) IN GENERAL.—Subchapter I of chapter shall require any individual who screens pas- and understand the English language well 449 is further amended by adding at the end sengers and property pursuant to section enough to— the following: 44901, and the supervisors and instructors of (A) carry out written and oral instructions such individuals, to have satisfactorily com- regarding the proper performance of screen- ‘‘§ 44918. Enhanced security measures pleted all initial, recurrent, and appropriate ing duties; ‘‘(a) IN GENERAL.—The Under Secretary of specialized training necessary to ensure (B) read English language identification Transportation shall take the following ac- compliance with the requirements of this media, credentials, airline tickets, docu- tions to enhance aviation security: section. ments, air waybills, invoices, and labels on ‘‘(1) After consultation with the Adminis- ‘‘(2) ON-THE-JOB PORTION OF SCREENER’S items normally encountered in the screening trator of the Federal Aviation Administra- TRAINING.—Notwithstanding paragraph (1), process; tion, develop and implement methods to— the Under Secretary may permit an indi- (C) provide direction to and understand ‘‘(A) restrict the opening of a cockpit door vidual, during the on-the-job portion of and answer questions from English-speaking during a flight; training, to perform security functions if the persons undergoing screening or submitting ‘‘(B) modify cockpit doors to deny access individual is closely supervised and does not cargo for screening; and from the cabin to the cockpit; make independent judgments as to whether (D) write incident reports and statements ‘‘(C) use video monitors or other devices to persons or property may enter secure areas and log entries into security records in the alert pilots in the cockpit to activity in the or aircraft or whether cargo or mail may be English language. cabin; and loaded aboard aircraft without further in- (d) MORE STRINGENT EMPLOYMENT STAND- ‘‘(D) ensure continuous operation of an air- spection. ARDS.—The Under Secretary of Transpor- craft transponder in the event of an emer- ‘‘(3) EFFECT OF SCREENER’S FAILURE OF OP- tation for Security has the authority to im- gency. ERATION TEST.—The Under Secretary may pose at any time more stringent require- ‘‘(2) Provide for the installation of tech- not allow an individual to perform a screen- ments to individuals referred to in sub- nology in an aircraft cabin to enable flight ing function after the individual has failed section (c) than those minimum require- crews to discreetly notify the pilots in the an operational test related to that function ments in subsection (c). case of a security breach occurring in the until the individual has successfully com- SEC. 8. DEPLOYMENT OF FEDERAL AIR MAR- cabin. pleted remedial training.’’. SHALS. ‘‘(3) Enhance security for secured areas of (c) MINIMUM EMPLOYMENT STANDARDS FOR (a) IN GENERAL.—Subchapter I of chapter airports, including— SCREENING PERSONNEL.—Beginning on the 449 is amended by adding at the end the fol- ‘‘(A) requiring screening of all persons, ve- 30th day following the date of enactment of lowing: hicles, and other equipment before entry this Act, subject to subsection (d), the fol- ‘‘§ 44917. Deployment of Federal air marshals into a secured area; lowing requirements, at a minimum, shall ‘‘(a) IN GENERAL.—The Under Secretary of ‘‘(B) requiring catering companies and apply to an individual (including a Federal Transportation for Security under the au- other companies whose employees have ac- employee) who screens passengers or prop- thority provided by section 44903(d) shall— cess to a secured area to develop security erty, or both (in this subsection referred to ‘‘(1) provide for appropriate deployment of programs; as a ‘‘screener’’). Federal air marshals on passenger flights of ‘‘(C) requiring that all persons, including (1) EDUCATION.—A screener shall have a air carriers in air transportation or intra- persons who are accompanied by persons high school diploma, a general equivalency state air transportation; holding an identification card, seeking ac- diploma, or a combination of education and ‘‘(2) provide for appropriate background cess to a secured areas be issued identifica- experience that the Under Secretary has de- and fitness checks for candidates for ap- tion cards, following background checks, termined to have equipped the individual to pointment as Federal air marshals; criminal history record checks, and checks perform the duties of the screening position. ‘‘(3) provide for appropriate training, su- of Federal security databases; (2) BASIC APTITUDES AND PHYSICAL ABILI- pervision, and equipment of Federal air mar- ‘‘(D) revalidating approvals of all persons TIES.—A screener shall have basic aptitudes shals; previously authorized to entered a secured and physical abilities (including color per- ‘‘(4) require air carriers providing flights area, including full background and criminal ception, visual and aural acuity, physical co- described in paragraph (1) to provide seating history record checks and checks of Federal ordination, and motor skills) and shall for a Federal air marshal on any such flight security databases; have— without regard to the availability of seats on ‘‘(E) maximizing use of enhanced tech- (A) the ability to identify the components the flight; nology, such as biometrics, to positively that may constitute an explosive or an in- ‘‘(5) establish procedures to ensure that verify the identity of persons entering a se- cendiary device; Federal air marshals are made aware of any cured area; and (B) the ability to identify objects that ap- armed or unarmed law enforcement per- ‘‘(F) improving procedures to ensure that pear to match those items described in all sonnel on a flight; identification cards which are revoked can- current regulations, security directives, and ‘‘(6) establish a program to permit Federal, not be utilized. emergency amendments; State, and local law enforcement officers to ‘‘(4) Develop alternative sources of explo- (C) for screeners operating X-ray and ex- be trained to participate in the Federal air sive detection equipment for screening bag- plosives detection system equipment, the marshals program of the Administration as gage, mail, and cargo and maximize the use ability to distinguish on the equipment mon- volunteers when such officers are otherwise of such equipment by ensuring that equip- itors the appropriate images; traveling in an aircraft operated by an air ment already installed at an airport is used (D) for screeners operating any screening carrier; and to its full capacity and by developing and equipment, the ability to distinguish each ‘‘(7) in establishing the qualifications for implementing a program to purchase addi- color displayed on every type of screening positions as Federal air marshals, establish a tional equipment so that, not later than 3 equipment and explain what each color sig- maximum age for initial employment which years after the date of enactment of this sec- nifies; is high enough to allow qualified retiring law tion, all baggage, mail, and cargo will be in- (E) the ability to hear and respond to the enforcement officials to fill such positions. spected by such equipment. spoken voice and to audible alarms gen- ‘‘(b) FLIGHTS IN FOREIGN AIR TRANSPOR- ‘‘(5) Establish a uniform system of identi- erated by screening equipment in an active TATION.—The Under Secretary shall work fication for all State and local law enforce- checkpoint or other screening environment; with appropriate aeronautic authorities of ment personnel to use in obtaining permis- (F) for screeners performing manual foreign governments under section 44907 to sion to carry weapons in aircraft cabins and searches or other related operations, the address security concerns on passenger in obtaining access to a secured area of an ability to efficiently and thoroughly manip- flights in foreign air transportation. airport. ulate and handle such baggage, containers, ‘‘(c) INTERIM MEASURES.—Until the Under ‘‘(6) Work with intelligence and law en- cargo, and other objects subject to security Secretary completes implementation of sub- forcement agencies to develop procedures to processing; section (a), the Under Secretary may use, ensure that air carrier and airport systems

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.090 pfrm01 PsN: H01PT2 H7692 CONGRESSIONAL RECORD — HOUSE November 1, 2001 have necessary law enforcement and na- tions that the Under Secretary may have for lication of notice of such fee in the Federal tional security intelligence data, to enhance enhancing transportation security.’’. Register and begin collection of the fee with- the effectiveness of their security programs. (b) CONFORMING AMENDMENT.—The analysis in 60 days of the date of enactment of this ‘‘(7) Ensure that the Computer Assisted for chapter 449 is amended by inserting after Act, or as soon as possible thereafter. Passenger Pre-Screening System of the the item relating to section 44917 the fol- ‘‘(2) SUBSEQUENT RULEMAKING.—After im- Transportation Security Administration in- lowing: posing a fee in accordance with paragraph cludes necessary intelligence information, is ‘‘44918. Enhanced security measures.’’. (1), the Under Secretary shall conduct a rule- used to evaluate all passengers before they (c) REPEAL OF EXISTING REPORTING RE- making proceeding on imposition and collec- board an aircraft, and includes procedures to QUIREMENT.— tion of the fee in accordance with the re- ensure that selectees of such system and (1) IN GENERAL.—Section 44938 is amended— quirements of section 553 of title 5 and shall their carry-on and checked baggage are ade- (A) in the section heading by striking ‘‘Re- issue a final rule to continue or modify im- quately screened. ports’’ and inserting ‘‘Report’’; and position or collection of the fee, or both. ‘‘(8) Restrict carry-on baggage to one piece (B) by striking ‘‘(a) TRANSPORTATION SECU- ‘‘(e) FEES PAYABLE TO UNDER SECRETARY.— of carry-on baggage, plus one personal item, RITY.—’’ and all that follows through ‘‘(b) All fees imposed and amounts collected per passenger (including children under the SCREENING AND FOREIGN AIR CARRIER AND under this section are payable to the Under age of 2); except exempt any child safety seat AIRPORT SECURITY.—The Administrator’’ and Secretary of Transportation for Security. to be used during a flight to restrain a child inserting ‘‘The Under Secretary of Transpor- ‘‘(f) RECEIPTS CREDITED TO ACCOUNT.—Not- passenger under 40 pounds or 40 inches and tation for Security’’. withstanding section 3302 of title 31, any fee any assistive device for a disabled passenger. collected under this section— (2) CHAPTER ANALYSIS.—The analysis for ‘‘(9) After consultation with the Adminis- chapter 449 is amended by striking the item ‘‘(1) shall be credited to a separate account trator of the Federal Aviation Administra- relating section 44938 and inserting the fol- established in the Treasury; tion, develop procedures and authorize equip- lowing: ‘‘(2) shall be available immediately for ex- ment for flight crews and cabin crews to use penditure but only to pay the costs of activi- to defend an aircraft against acts of violence ‘‘44938. Report.’’. ties and services for which the fee is im- or piracy. SEC. 10. CRIMINAL HISTORY RECORD CHECK FOR posed; and ‘‘(10) Develop realistic crew training pro- SCREENERS AND OTHERS. ‘‘(3) shall remain available until expended. grams as follows: Section 44936(a) is amended— ‘‘(g) REFUNDS.—The Under Secretary may ‘‘(A) No later than 30 days after the date of (1) in paragraph (1)(E)(iv)(II) by striking refund any fee paid by mistake or any enactment of this paragraph and in consulta- the period at the end and inserting ‘‘; except amount paid in excess of that required.’’. tion with the Federal Aviation Administra- that at such an airport, the airport operator, (b) CONFORMING AMENDMENT.—The analysis tion, appropriate law enforcement, security, air carriers, and screening companies may for chapter 449 is amended by adding after and terrorism experts, and air carrier, pilot, elect to implement the requirements of this the item relating to section 44938 the fol- and flight attendant representatives, develop subparagraph in advance of the effective lowing: a realistic crew training program to prepare date if the Under Secretary approves of such ‘‘44939. Passenger and baggage screening crew members for current threat conditions. early implementation and if the airport op- fee.’’. ‘‘(B) Require air carriers to train all crew erator, air carriers, and screening companies SEC. 12. AUTHORIZATION OF APPROPRIATIONS members not later than 60 days after such amend their security programs to conform FOR OPERATIONS. date of enactment. those programs to the requirements of this (a) IN GENERAL.—Subchapter II of chapter ‘‘(C) Required crew training shall include, subparagraph.’’; and 449 is further amended by adding at the end but not be limited to— (2) in paragraph (2) by striking ‘‘or airport the following: ‘‘(i) determination of the seriousness of operator’’ and inserting ‘‘airport operator, or ‘‘§ 44940. Authorization of appropriations for any occurrence; screening company’’. operations ‘‘(ii) crew communication and coordina- SEC. 11. PASSENGER AND BAGGAGE SCREENING tion; FEE. ‘‘(a) OPERATIONS OF TRANSPORTATION SECU- RITY ADMINISTRATION.—There are authorized ‘‘(iii) self-defense; (a) IN GENERAL.—Subchapter II of chapter ‘‘(iv) use of Transportation Security Ad- 449 is amended by adding at the end the fol- to be appropriated such sums as may be nec- ministration approved protection devices as- lowing: essary for the operations of the Transpor- signed to crewmembers, including appro- tation Security Administration, including ‘‘§ 44939. Passenger and baggage screening priate certifications for use of such devices; the functions of the Administration under fee and section 44901(d) if the fees imposed under sec- ‘‘(v) psychology of terrorism to cope with ‘‘(a) GENERAL AUTHORITY.— tion 44939 are insufficient to cover the costs hijacker behavior and passenger reaction. ‘‘(1) PASSENGER FEES.—The Under Sec- of such functions. ‘‘(D) Develop a plan for updating the train- retary of Transportation for Security shall ‘‘(b) AIRCRAFT SECURITY.—There is author- ing program and retraining crew members as impose a fee on passengers in air transpor- ized to be appropriated $500,000,000 to the each new security threat becomes known. tation and intrastate air transportation to Secretary of Transportation to make grants ‘‘(11) Require training of gate, ticket, and pay for the costs of the screening of pas- to air carriers to (1) modify cockpit doors to curbside agents to respond appropriately sengers and property pursuant to section deny access from the cabin to the pilots in when the system referred to in paragraph (7) 44901(d). Such costs include salaries and ex- the cockpit, (2) use video monitors or other identifies a passenger as a threat to security. penses, training, and equipment acquisition, devices to alert the cockpit crew to activity ‘‘(12) Establish a toll-free telephone num- operation, and maintenance. in the passenger cabin, and (3) ensure contin- ber for air carrier and airport employees and ‘‘(2) AIR CARRIER FEES.— uous operation of the aircraft transponder in their customers to use to report instances of ‘‘(A) AUTHORITY.—In addition to the fee the event the crew faces an emergency. Such inadequate security. imposed pursuant to paragraph (1), the sums shall remain available until expended. ‘‘(13) Require effective 911 emergency call Under Secretary may impose a fee on air car- ‘‘(c) AIRPORT SECURITY.—There is author- capabilities for telephones serving passenger riers to pay for the costs of providing secu- ized to be appropriated $500,000,000 for fiscal aircraft and trains. rity for air carriers and their passengers and year 2002 to the Secretary to reimburse air- ‘‘(14) In consultation with the Federal crews. port operators for direct costs that such op- Aviation Administration, require that all ‘‘(B) LIMITATION.—The amounts of fees col- erators incurred to comply with new, addi- pilot licenses incorporate a photograph of lected under this paragraph may not exceed, tional, or revised security requirements im- the license holder and appropriate biometric in the aggregate, the amounts paid in cal- posed on airport operators by the Federal imprints. endar year 2000 by air carriers for security Aviation Administration on or after Sep- ‘‘(15) Provide for background checks, described in paragraph (1), adjusted for infla- tember 11, 2001. Such sums shall remain criminal history record checks, and checks tion. available until expended.’’. against Federal security data bases of indi- ‘‘(b) SCHEDULE OF FEES.—In imposing fees (b) CONFORMING AMENDMENT.—The analysis viduals seeking instruction in flying aircraft under subsection (a), the Under Secretary for chapter 449 is amended by adding after that weigh more than 12,500 pounds. shall ensure that the fees are directly related the item relating to section 44939 the fol- ‘‘(16) Require training of employees of a to the Transportation Security Administra- lowing: flight school to recognize suspicious cir- tion’s costs of providing services rendered. ‘‘44940. Authorization of appropriations for cumstances and activities for individuals en- ‘‘(c) LIMITATION ON FEE.—Fees imposed operations.’’. rolling in or attending flight school and to under subsection (a)(1) may not exceed $2.50 (c) SECURITY FACILITY FEES.—Section 40117 notify the Administration. on a 1-way trip in air transportation or is amended by adding at the end the fol- ‘‘(b) REPORT.—Not later than 6 months intrastate air transportation. lowing: after the date of enactment of this section, ‘‘(d) IMPOSITION OF FEE.— ‘‘(l) INCREASED SECURITY.— and annually thereafter, the Under Sec- ‘‘(1) IN GENERAL.—Notwithstanding the ‘‘(1) IN GENERAL.—The Secretary may au- retary shall transmit to Congress a report on procedural requirements of section 553 of thorize an eligible agency to impose an addi- the progress of the Under Secretary in evalu- title 5, the Under Secretary shall impose the tional security facility fee of up to $1 on ating and taking actions under subsection fee under subsection (a)(1), and may impose a each paying passenger of an air carrier or (a), including any legislative recommenda- fee under subsection (a)(2), through the pub- foreign air carrier boarding an aircraft at an

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.090 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7693

airport the agency controls, to reimburse the ‘‘(c) DUTIES.—The Council shall provide ad- tivities. The report shall focus on the Ad- agency for direct costs the agency incurs to vice and counsel to the Under Secretary on ministration’s main programs and contain comply with new, additional, or revised secu- issues which affect or are affected by the op- recommendations, as necessary, for further rity requirements imposed on airport opera- erations of the Transportation Security Ad- legislation. tors by the Federal Aviation Administration ministration. The Council shall function as a SEC. 15. TECHNICAL CORRECTION. on and after September 11, 2001. resource for management, policy, spending, Section 106(a) of the Air Transportation ‘‘(2) PROCEDURES.—Notwithstanding any and regulatory matters under the jurisdic- Safety and System Stabilization Act (P.L. provisions of this section, the Secretary tion of the Transportation Security Admin- 107–42) is amended by striking ‘‘February 1, shall develop special procedures for approval istration. 2001’’ and inserting ‘‘February 1, 2002’’. of any application under this subsection ‘‘(d) ADMINISTRATIVE MATTERS.— SEC. 16. ALCOHOL AND CONTROLLED SUB- which will promptly authorize a fee under ‘‘(1) MEETINGS.—The Council shall meet on STANCE TESTING. this subsection if there is a reasonable basis a regular and periodic basis or at the call of Chapter 451 is amended— for concluding that an agency is likely to the Chairperson or the Under Secretary. (1) by striking ‘‘contract personnel’’ each incur increased costs for security require- ‘‘(2) ACCESS TO DOCUMENTS AND STAFF.—The place it appears and inserting ‘‘personnel’’; ments which justify the fee.’’. Under Secretary may give the Council appro- (2) by striking ‘‘contract employee’’ each SEC. 13. TRANSPORTATION SECURITY OVER- priate access to relevant documents and per- place it appears and inserting ‘‘employee’’; SIGHT BOARD. sonnel of the Administration, and the Under (3) in section 45106(c) by striking ‘‘contract (a) IN GENERAL.—Chapter 449 is amended Secretary shall make available, consistent employees’’ and inserting ‘‘employees’’; by adding at the end the following: with the authority to withhold commercial (4) by inserting after section 45106 the fol- ‘‘SUBCHAPTER III—TRANSPORTATION and other proprietary information under sec- lowing: SECURITY OVERSIGHT BOARD tion 552 of title 5 (commonly known as the ‘Freedom of Information Act’), cost data as- ‘‘§ 45107. Transportation security administra- ‘‘§ 44951. Transportation Security Oversight tion Board sociated with the acquisition and operation of security screening equipment. Any mem- ‘‘(a) TRANSFER OF FUNCTIONS RELATING TO ‘‘(a) IN GENERAL.—There is established a TESTING PROGRAMS WITH RESPECT TO AIR- board to be known as a ‘Transportation Se- ber of the Council who receives commercial PORT SECURITY SCREENING PERSONNEL.—The curity Oversight Board’. or other proprietary data from the Under authority of the Administrator of the Fed- ‘‘(b) MEMBERSHIP.— Secretary shall be subject to the provisions eral Aviation Administration under this ‘‘(1) NUMBER AND APPOINTMENT.—The Board of section 1905 of title 18, pertaining to unau- shall be composed of 5 members as follows: thorized disclosure of such information. chapter with respect to programs relating to ‘‘(A) The Secretary of Transportation (or ‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.— testing of airport security screening per- the Secretary’s designee). The Council shall elect a Chairperson and a sonnel are transferred to the Under Sec- ‘‘(B) The Attorney General (or the Attor- Vice Chairperson from among the members, retary of Transportation for Security. Not- ney General’s designee). each of whom shall serve for a term of 2 withstanding section 45102(a), the regula- ‘‘(C) The Secretary of the Treasury (or the years. The Vice Chairperson shall perform tions prescribed under section 45102(a) shall Secretary’s designee). the duties of the Chairperson in the absence require testing of such personnel by their ‘‘(D) The Secretary of Defense (or the Sec- of the Chairperson. employers instead of by air carriers and for- retary’s designee). ‘‘(4) TRAVEL AND PER DIEM.—Each member eign air carriers. ‘‘(E) One member appointed by the Presi- of the Council shall be paid actual travel ex- ‘‘(b) APPLICABILITY OF CHAPTER WITH RE- dent to represent the National Security penses, and per diem in lieu of subsistence SPECT TO EMPLOYEES OF ADMINISTRATION.— Council or the Office of Homeland Security. expenses when away from his or her usual The provisions of this chapter that apply with respect to employees of the Federal ‘‘(2) CHAIRPERSON.—The Chairperson of the place of residence, in accordance with sec- Board shall be the Secretary of Transpor- tion 5703 of title 5. Aviation Administration whose duties in- tation. ‘‘(5) DETAIL OF PERSONNEL FROM THE ADMIN- clude responsibility for safety-sensitive func- ‘‘(c) DUTIES.—The Board shall— ISTRATION.—The Under Secretary shall make tions shall apply with respect to employees ‘‘(1) review any regulation or security di- available to the Council such staff, informa- of the Transportation Security Administra- rective issued by the Under Secretary of tion, and administrative services and assist- tion whose duties include responsibility for Transportation for security under section ance as may reasonably be required to enable security-sensitive functions. The Under Sec- 114(h)(4) within 30 days after the date of the Council to carry out its responsibilities retary of Transportation for Security, the issuance of such regulation or directive; under this section. Transportation Security Administration, ‘‘(2) share intelligence information with ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT and employees of the Transportation Secu- the Under Secretary; NOT TO APPLY.—The Federal Advisory Com- rity Administration whose duties include re- ‘‘(3) review— mittee Act (5 U.S.C. App.) does not apply to sponsibility for security-sensitive functions ‘‘(A) plans for transportation security; the Council.’’. shall be subject to and comply with such pro- ‘‘(B) standards established for performance (b) CONFORMING AMENDMENT.—The analysis visions in the same manner and to the same of airport security screening personnel; for chapter 449 is amended by adding at the extent as the Administrator of the Federal ‘‘(C) compensation being paid to airport se- end the following: Aviation Administration, the Federal Avia- curity screening personnel; ‘‘SUBCHAPTER III—TRANSPORTATION tion Administration, and employees of the ‘‘(D) procurement of security equipment; SECURITY OVERSIGHT BOARD Federal Aviation Administration whose du- ‘‘(E) selection, performance, and com- ‘‘44951. Transportation Security Oversight ties include responsibility for safety-sen- pensation of senior executives in the Trans- Board. sitive functions, respectively.’’; and portation Security Administration; and ‘‘44952. Advisory council.’’. (5) in the analysis for such chapter by in- serting after the item relating to section ‘‘(F) budget requests of the Under Sec- SEC. 14. AUTHORITY OF THE INSPECTOR GEN- retary; and ERAL. 45106 the following: ‘‘(4) make recommendations to the Under (a) IN GENERAL.—As provided by the In- ‘‘45107. Transportation Security Administra- Secretary regarding matters reviewed under spector General Act (5 U.S.C. App.) and other tion’’. paragraph (3). applicable statutes, the Inspector General of SEC. 17. CONFORMING AMENDMENTS TO SUB- ‘‘(d) QUARTERLY MEETINGS.—The Board the Department of Transportation (in addi- TITLE VII. shall meet at least quarterly. tion such other authority as the Inspector (a) RECORDS OF EMPLOYMENT OF PILOT AP- ‘‘(e) CONSIDERATION OF SECURITY INFORMA- General may have) shall have authority to PLICANTS.—Part A of subtitle VII is amend- TION.—A majority of the Board may vote to conduct the following: ed— close a meeting of the Board to the public (1) Audits of the Transportation Security (1) by moving subsections (f), (g), and (h) of when classified security information will be Administration’s programs, operations, and section 44936 from section 44936, inserting discussed. activities. them at the end of section 44703, and redesig- ‘‘§ 44952. Advisory council (2) Criminal investigations of alleged viola- nating them as subsections (h), (i), and (j), ‘‘(a) ESTABLISHMENT.—The Under Sec- tions of Federal laws or Department of respectively; and retary of Transportation for Security shall Transportation regulations pertaining to (2) in subsections (i) and (j) of section 44703 establish an advisory council to be known as aviation and other modes of transportation (as moved to the end of section 44703 by para- the ‘Transportation Security Advisory Coun- security. graph (1) of this subsection), by striking cil’. (3) Investigations into waste, fraud, abuse, ‘‘subsection (f)’’ each place it appears and in- ‘‘(b) MEMBERSHIP.—The Council shall be and any other allegations involving wrong- serting ‘‘subsection (h)’’. composed of members appointed by the doing within the Administration. (b) INVESTIGATIONS AND PROCEDURES.— Under Secretary to represent all modes of (b) REPORT.—Not later than 1 year after Chapter 461 is amended— transportation, transportation labor, organi- the date of enactment of this Act, and peri- (1) in each of sections 46101(a)(1), 46102(a), zations representing families of victims of odically thereafter, the Inspector General 46103(a), 46104(a), 46105(a), 46106, 46107(b), and transportation disasters, and other entities shall report to Congress on the implementa- 46110(a) by inserting after ‘‘(or’’ the fol- affected or involved in the transportation se- tion, efficiency, and effectiveness of the Ad- lowing: ‘‘the Under Secretary of Transpor- curity process. ministration’s programs, operations, and ac- tation for Security with respect to security

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.090 pfrm01 PsN: H01PT2 H7694 CONGRESSIONAL RECORD — HOUSE November 1, 2001 duties and powers designated to be carried (C) by striking ‘‘or Administrator’’ each the underlying bill. It creates a trans- out by the Under Secretary or’’; place it appears and inserting ‘‘, Under Sec- portation security administration, an (2) by striking ‘‘or Administrator’’ each retary, or Administrator’’; and intermodal security administration, place it appears and inserting ‘‘, Under Sec- (6) in each of sections 46313 and 46316 by in- transfers all modal functions within retary, or Administrator’’; serting after ‘‘(or’’ the following: ‘‘the Under (3) in section 46101(a)(2) by striking ‘‘of Secretary of Transportation for Security the Department of Transportation to Transportation or the’’ and inserting ‘‘, with respect to security duties and powers the Transportation Security Adminis- Under Secretary, or’’; designated to be carried out by the Under tration. It designates an Under Sec- (4) in section 46102(b) by striking ‘‘and the Secretary or’’. retary as a liaison to intelligence and Administrator’’ and inserting ‘‘, the Under Mr. OBERSTAR (during the reading). law enforcement communities. Secretary, and the Administrator’’; Mr. Speaker, I ask unanimous consent In establishing a screener workforce, (5) in section 46102(c) by striking ‘‘and Ad- it gives to the Under Secretary of ministrator’’ each place it appears and in- that the motion to recommit be consid- serting ‘‘, Under Secretary, and Adminis- ered as read and printed in the RECORD. Transportation authority to create the trator’’; The SPEAKER pro tempore. Is there rules of hiring, of firing, of moving peo- (6) in each of sections 46102(d) and 46104(b) objection to the request of the gen- ple around, create a separate force by inserting ‘‘the Under Secretary,’’ after tleman from Minnesota? apart from the civil service of the ‘‘Secretary,’’; There was no objection. United States with those protections (7) in the heading to section 46106 by strik- The SPEAKER pro tempore. The gen- that the Under Secretary chooses to es- ing ‘‘Secretary of Transportation and Admin- tleman from Minnesota (Mr. OBERSTAR) tablish so that we answer, as I proposed istrator of the Federal Aviation Administra- from the very outset a month ago, the tion’’ and inserting ‘‘Department of Trans- is recognized for 5 minutes in support portation’’; and of his motion to recommit. question of creating a whole new Fed- (8) in the item relating to section 46106 of Mr. OBERSTAR. Mr. Speaker, I yield eral civil service workforce. the analysis for such chapter by striking to the gentleman from Ohio (Mr. We put those mandates into this leg- ‘‘Secretary of Transportation and Adminis- KUCINICH). islation to require various security trator of the Federal Aviation Administra- Mr. KUCINICH. Mr. Speaker, this functions and to insist that timetables tion’’ and inserting ‘‘Department of Trans- Congress will push through any legisla- be met and deadlines be adhered to. We portation’’. tion to deal with the difficult times we take cost-benefit analysis out of secu- (c) ADMINISTRATIVE.—Section 40113 is amended— face, except a bill to help the 100,000 rity rulemaking so that the rules can- (1) in subsection (a)— laid-off airline industry workers. not be held up interminably as they (A) by inserting after ‘‘(or’’ the following: Congress passed a $15 billion airline have been for many years. ‘‘the Under Secretary of Transportation for bailout bill, and we gave the 100,000 Those in the Hispanic community Security with respect to security duties and laid-off airline employees absolutely who were concerned about the nation- powers designated to be carried out by the nothing. Today, the House of Rep- ality requirement, that is absent from Under Secretary or’’; and resentatives will pass an airline secu- this provision. It requires 10-year (B) by striking ‘‘or Administrator’’ and in- serting ‘‘, Under Secretary, or Adminis- rity bill, and laid-off airline workers criminal background checks on secu- trator’’; and will again receive absolutely nothing. rity screeners. The key thing here is (2) in subsection (d)— This is wrong, and our priorities are that it establishes a screener workforce (A) by inserting after ‘‘The’’ the following: backwards. We are ignoring airline that is pledged to the Constitution of ‘‘Under Secretary of Transportation for Se- workers who are responsible for mak- the United States, to the laws, trained curity or the’’; ing our trips safe. to the highest levels, a skilled work- (B) by striking ‘‘Administration’’ the sec- This motion to recommit will simply force established by the Under Sec- ond place it appears and inserting ‘‘Trans- give preference for the newly created portation Security Administration or Fed- retary. eral Aviation Administration, as the case airline security jobs to qualified airline Members want flexibility; we provide may be,’’; and workers who have been recently laid it in here. Why this was not accepted 3 (C) by striking ‘‘the Administrator de- off. weeks ago is beyond me. We have an cides’’ and inserting ‘‘the Under Secretary or A ‘‘yes’’ vote on this motion to re- opportunity now to vote for it. Mr. Administrator, as the case may be, decides’’. commit means Members believe that Speaker, I urge a vote in favor of this (d) PENALTIES.—Chapter 463 is amended— people, individual men and women, de- substitute that encompasses the pur- (1) in section 46301(d)(2)— serve the attention of Congress, not pose of security in a way that will (A) by striking ‘‘, chapter 449 (except sec- tions 44902, 44903(d), 44907(a)–(d)(1)(A) and just the airline companies. The 100,000 transcend everything that is in the un- (d)(1)(C)–(f), 44908, and 44909),’’; laid-off airline workers deserve a derlying bill. (B) by inserting after the first sentence the chance, and they deserve our vote. Mr. MICA. Mr. Speaker, I claim the following: ‘‘The Under Secretary of Trans- Mr. OBERSTAR. Mr. Speaker, once time in opposition. portation for Security may impose a civil again I want to express my great ap- The SPEAKER pro tempore. The gen- penalty for a violation of chapter 449 (except preciation and admiration for the gen- tleman from Florida (Mr. MICA) is rec- sections 44902, 44903(d), 44907(a)–(d)(1)(A), tleman from Iowa (Mr. GANSKE), who ognized for 5 minutes in opposition to 44907(d)(1)(C)–(f), 44908, and 44909) or a regula- stood on a matter of principle and the motion to recommit. tion prescribed or order issued under such stood against some very powerful Mr. MICA. Mr. Speaker, I appreciate chapter 449.’’; and (C) by inserting ‘‘Under Secretary or’’ be- forces within his own party. the indulgence of Members tonight. I fore ‘‘Administrator shall’’; On a matter of this significance, it is know Members want to go back to (2) in each of paragraphs (3) and (4) of sec- important to have a useful and far- their districts and see their constitu- tion 46301(d) by striking ‘‘Administrator’’ ranging debate. We had that today. I ents and their families. If there has each place it appears and inserting ‘‘Under offer as the motion to recommit a bill been any delay in this legislation, Secretary or Administrator’’; that we worked on in committee on a blame me. (3) in section 46301(d)(8) by striking ‘‘Ad- bipartisan basis, and on which we came Earlier I took the podium on the ministrator’’ and inserting ‘‘Under Sec- to disagreement on a major point of di- other side of the aisle, and I said that retary, Administrator,’’; (4) in section 46301(h)(2) by inserting after vergence on the Federal screener work- I pledge to work in a bipartisan man- ‘‘(or’’ the following: ‘‘the Under Secretary of force. No matter how many proposals I ner; and I have tried to do that and Transportation for Security with respect to offered to the chairman of the full have done that at all times with the security duties and powers designated to be committee and the chairman of the gentleman from Minnesota (Mr. OBER- carried out by the Under Secretary or’’; Subcommittee on Aviation, to which STAR). (5) in section 46311— they were agreeable, when they Members on my side of the aisle, I (A) by inserting after ‘‘Transportation,’’ brought it to the political leadership of want Members to know what a great the following: ‘‘the Under Secretary of their party, they were vetoed. human being the gentleman from Min- Transportation for Security with respect to We attempted to achieve a bipartisan nesota (Mr. OBERSTAR) is. I came as a security duties and powers designated to be carried out by the Under Secretary,’’; agreement, but what we have in the freshman and learned so much from the (B) by inserting after ‘‘Secretary,’’ each motion to recommit is a proposal that gentleman. He is a tremendous indi- place it appears the following: ‘‘Under Sec- I think is superior not only to the mo- vidual, and he put his heart and soul retary,’’; and tion that was just defeated, but also to into working with us. Because of some

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.090 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7695 other circumstances, we were not al- It has been 7 weeks since the attacks on Brady (PA) Jackson (IL) Owens Brown (FL) Jackson-Lee Pallone lowed to come forward with our legisla- the World Trade Center and the Pentagon, Brown (OH) (TX) Pascrell tion, and we all know sometimes poli- and the Republican leadership has been drag- Capps Jefferson Pastor tics gets in the way. ging their feet on aviation security legislation. Capuano John Payne But let me tell Members the most It’s outrageous and irresponsible, and the Cardin Johnson, E.B. Pelosi Carson (IN) Jones (OH) Peterson (MN) outstanding legacy that we can provide leadership stalled this legislation because they Carson (OK) Kanjorski Phelps as Members of Congress to the gen- oppose the federalization of security per- Clay Kaptur Pomeroy tleman from Minnesota (Mr. OBERSTAR) sonnel. Clayton Kennedy (RI) Price (NC) would be to get this right, to do this Clement Kildee Rahall The bill ensures that federal security per- Clyburn Kilpatrick Rangel right. They tried this in 1996, and they sonnel screen and check all individuals and Condit Kind (WI) Reyes did not get this right. They tried again baggage before boarding a plane. We Conyers Kleczka Rivers with another act in 2000, and we did not wouldn’t dream of contracting out the protec- Costello Kucinich Rodriguez Coyne LaFalce Roemer get it right. tion that our police provide, we wouldn’t dream Crowley Lampson Ross This time when Members go back to- of contracting out the protection our military Cummings Langevin Rothman morrow and look in the eyes of their provides, why in the world are the leaders of Davis (CA) Lantos Roybal-Allard constituents, who sent us here to do Davis (FL) Larsen (WA) Rush this body attempting to contract out our airport Davis (IL) Larson (CT) Sabo the very best job we can do, we can do security. Airport security forces must be reli- DeFazio Lee Sanchez nothing but the very best as far as able, standardized and verifiable. DeGette Levin Sanders aviation and transportation security. DeLauro Lewis (GA) Sandlin This will ensure that security screeners are Deutsch Lipinski Sawyer We have to get it right. more highly paid—rather than continuing the Dicks Lofgren Schakowsky Unfortunately, the provision by the practice of private contractors hiring personnel Dingell Lowey Schiff gentleman from Minnesota (Mr. OBER- for less than fast food, service wages who turn Doggett Lucas (KY) Scott STAR) and the motion to recommit will Dooley Luther Sherman over every six months. Experts including the Doyle Lynch Shows carry this transition process on for a General Accounting Office, the Federal Avia- Edwards Maloney (NY) Skelton year. Just look at the language. Our tion Administration, and the Transportation De- Engel Markey Slaughter proposal is 3 months. We give the Eshoo Mascara Smith (WA) partment have all indicated that low wages Etheridge Matheson Snyder President the flexibility that he asked and high turnover are the major problem in Evans Matsui Solis for and that he can deliver. We say the aviation security. Farr McCarthy (MO) Spratt employees may be Federal employees, Following Sept. 11th I’ve been meeting with Fattah McCarthy (NY) Stark and we give him that discretion. We Filner McCollum Strickland schools kids from the 9th District. Recently I Ford McDermott Stupak clearly set forth responsibilities in this asked them the question—Should the security Frank McGovern Tanner legislation that are so important. The forces that protect our airports be federalized Frost McIntyre Tauscher rulemaking provision that is so impor- Gephardt McKinney Thompson (CA) like the police and military? The kids resound- Gonzalez McNulty Thompson (MS) tant must be in the final legislation. ingly answered yes—it’s common sense, kids Gordon Meehan Thurman Mr. Speaker, everyone who voted on know it, the American public knows it, but my Green (TX) Meek (FL) Tierney the manager’s amendment must under- colleagues on the other side of the aisle don’t Gutierrez Meeks (NY) Towns stand that those provisions will be Hall (OH) Menendez Turner seen to. Harman Millender- Udall (CO) wiped out. The provisions for New York Under the bill, screener applicants will be Hastings (FL) McDonald Udall (NM) asked for by the Governor of New required to pass a rigorous selection examina- Hill Miller, George Vela´ zquez York, the provisions for New York that Hilliard Mink Visclosky tion, and complete classroom and on-the-job Hinchey Mollohan Waters Mayor Giuliani asked for will be wiped training. It also gives the government flexibility Hinojosa Moore Watson (CA) out. to suspend or terminate under-performing em- Hoeffel Moran (VA) Watt (NC) ployees. Consistent with existing law, federal Holden Murtha Waxman b 2015 Holt Nadler Weiner If you have general aviation in your screeners would not have the right to strike. Honda Napolitano Wexler district that is floundering because it Ask yourself—who do you want protecting Hooley Neal Woolsey you and your family, a federal security force or Hoyer Oberstar Wu has been closed down, the assistance Inslee Obey Wynn that is in our provisions only will be the lowest bidder. Airport security is national Israel Olver wiped out. All the corrections that security. were made to the Senate legislation The SPEAKER pro tempore (Mr. NAYS—227 will be wiped out, so we will not get THORNBERRY). Without objection, the Abercrombie Collins Gilman the best product in the end. previous question is ordered on the mo- Aderholt Combest Goode tion to recommit. Akin Cooksey Goodlatte I pledge to work with the gentleman Armey Cox Goss from Minnesota (Mr. OBERSTAR), the There was no objection. Bachus Cramer Graham gentleman from Illinois (Mr. LIPINSKI), The SPEAKER pro tempore. The Baker Crane Granger question is on the motion to recommit. Ballenger Crenshaw Graves with Minority Leader GEPHARDT, with Barr Cubin Green (WI) everyone in the House, if it takes us The question was taken; and the Bartlett Culberson Greenwood day and night, and I sat with the Presi- Speaker pro tempore announced that Barton Cunningham Grucci the noes appeared to have it. Bass Davis, Jo Ann Gutknecht dent today. He said he is willing to Bereuter Davis, Tom Hall (TX) wait until we get it right. Mr. OBERSTAR. Mr. Speaker, on Biggert Deal Hansen So I urge you to get it right this that I demand the yeas and nays. Bilirakis DeLay Hart time. We owe this to the American peo- The yeas and nays were ordered. Blagojevich DeMint Hastert Blunt Diaz-Balart Hastings (WA) ple. We have already had the issue The SPEAKER pro tempore. Pursu- Boehlert Doolittle Hayes solved in the last vote. Let us not go ant to clause 9 of rule XX, the Chair Boehner Dreier Hayworth into a motion to recommit and delay will reduce to 5 minutes the minimum Bonilla Duncan Hefley time for any electronic vote on the Bono Ehlers Herger this process forward. Let us work to- Brady (TX) Ehrlich Hilleary gether and let us do the best we can for question of the passage of the bill. Brown (SC) Emerson Hobson the people who sent us here. The vote was taken by electronic de- Bryant English Hoekstra Mr. LAMPSON. Mr. Speaker, I whole- vice, and there were—yeas 201, nays Burr Everett Horn Burton Ferguson Hostettler heartedly support the Democratic alternative of 227, not voting 5, as follows: Buyer Flake Houghton the aviation security bill. This measure is iden- [Roll No. 424] Callahan Fletcher Hulshof tical to S. 1447, the Aviation Security Act, Calvert Foley Hunter YEAS—201 Camp Forbes Hyde passed by the Senate unanimously on Octo- Ackerman Barcia Bishop Cannon Fossella Isakson ber 11. It places responsibility for aviation se- Allen Barrett Blumenauer Cantor Frelinghuysen Issa curity with the Federal Government to ensure Andrews Becerra Bonior Capito Gallegly Jenkins that professional law enforcement agents are Baca Bentsen Borski Castle Gekas Johnson (CT) Baird Berkley Boswell Chabot Gibbons Johnson (IL) in charge of securing the airports and air- Baldacci Berman Boucher Chambliss Gilchrest Johnson, Sam planes. Baldwin Berry Boyd Coble Gillmor Jones (NC)

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.185 pfrm01 PsN: H01PT2 H7696 CONGRESSIONAL RECORD — HOUSE November 1, 2001 Keller Otter Simpson Evans Kolbe Ross McGovern Pastor Stark Kelly Oxley Skeen Everett LaFalce Roukema McKinney Paul Stupak Kennedy (MN) Paul Smith (MI) Ferguson LaHood Royce McNulty Payne Tauscher Kerns Pence Smith (NJ) Flake Largent Rush Meehan Pelosi Thompson (CA) King (NY) Peterson (PA) Smith (TX) Fletcher Larsen (WA) Ryan (WI) Meek (FL) Rahall Thompson (MS) Kingston Petri Souder Foley Latham Ryun (KS) Meeks (NY) Rangel Thurman Kirk Pickering Stearns Forbes LaTourette Sawyer Menendez Reyes Tierney Knollenberg Pitts Stenholm Fossella Leach Saxton Millender- Rivers Towns Kolbe Platts Stump Frelinghuysen Lewis (CA) Schaffer McDonald Rodriguez Turner LaHood Pombo Sununu Frost Lewis (KY) Schiff Miller, George Rothman Udall (NM) Largent Portman Sweeney Gallegly Linder Schrock Mollohan Roybal-Allard Vela´ zquez Latham Pryce (OH) Tancredo Gekas Lipinski Sensenbrenner Murtha Sabo Visclosky LaTourette Putnam Tauzin Gibbons LoBiondo Serrano Nadler Sanchez Waters Leach Quinn Taylor (MS) Gilchrest Lucas (KY) Sessions Napolitano Sanders Watson (CA) Lewis (CA) Radanovich Taylor (NC) Gillmor Lucas (OK) Shadegg Neal Sandlin Watt (NC) Lewis (KY) Ramstad Terry Gilman Luther Shaw Oberstar Schakowsky Waxman Linder Regula Thomas Goode Maloney (NY) Shays Olver Scott Weiner LoBiondo Rehberg Thornberry Goodlatte Manzullo Sherwood Owens Sherman Wexler Lucas (OK) Reynolds Thune Gordon Matheson Shimkus Pallone Slaughter Woolsey Maloney (CT) Riley Tiahrt Goss McCollum Shows Pascrell Solis Wynn Manzullo Rogers (KY) Tiberi Graham McCrery Shuster McCrery Rogers (MI) Toomey Granger McHugh Simmons NOT VOTING—8 McHugh Rohrabacher Traficant Graves McInnis Simpson Delahunt Herger Riley McInnis Ros-Lehtinen Upton Green (WI) McIntyre Skeen Dunn Houghton Weldon (PA) McKeon Roukema Vitter Greenwood Mica Skelton Ganske McKeon Mica Royce Walden Grucci Miller, Dan Smith (MI) Miller, Dan Ryan (WI) Walsh Gutknecht Miller, Gary Smith (NJ) b 2039 Miller, Gary Ryun (KS) Wamp Hall (OH) Miller, Jeff Smith (TX) So the bill was passed. Miller, Jeff Saxton Watkins (OK) Hall (TX) Mink Smith (WA) Moran (KS) Schaffer Watts (OK) Hansen Moore Snyder The result of the vote was announced Morella Schrock Weldon (FL) Harman Moran (KS) Souder as above recorded. Myrick Sensenbrenner Weldon (PA) Hart Moran (VA) Spratt A motion to reconsider was laid on Nethercutt Sessions Weller Hastert Morella Stearns Ney Shadegg Whitfield Hastings (WA) Myrick Stenholm the table. Northup Shaw Wicker Hayes Nethercutt Strickland f Norwood Shays Wilson Hayworth Ney Stump Nussle Sherwood Wolf Hefley Northup Sununu PERSONAL EXPLANATION Ortiz Shimkus Young (AK) Hilleary Norwood Sweeney Osborne Shuster Young (FL) Hobson Nussle Tancredo Ms. DUNN. Mr. Speaker, on Thursday, No- Ose Simmons Hoeffel Obey Tanner vember 1, 2001, I was not present for rollcall Hoekstra Ortiz Tauzin NOT VOTING—5 votes 415 through 425 due to a family emer- Hooley Osborne Taylor (MS) gency. Had I been present, I would have Delahunt Ganske Serrano Horn Ose Taylor (NC) Dunn Istook Hostettler Otter Terry voted ‘‘yea’’ on rollcall No. 415, ‘‘yea’’ on roll- Hulshof Oxley Thomas call No. 416, ‘‘yea’’ on rollcall No. 417, ‘‘yes’’ Hunter Pence Thornberry b 2032 on rollcall No. 418, ‘‘yea’’ on rollcall No. 419, Hyde Peterson (MN) Thune ‘‘yea’’ on rollcall No. 420, ‘‘yea’’ on rollcall No. So the motion to recommit was re- Inslee Peterson (PA) Tiahrt Isakson Petri Tiberi 421, ‘‘No’’ on rollcall No. 422, ‘‘No’’ on rollcall jected. Israel Phelps Toomey No. 423, ‘‘No’’ on rollcall No. 424, and ‘‘yea’’ The result of the vote was announced Issa Pickering Traficant on rollcall No. 425. as above recorded. Istook Pitts Udall (CO) Jenkins Platts Upton f The SPEAKER pro tempore (Mr. John Pombo Vitter THORNBERRY). The question is on the Johnson (CT) Pomeroy Walden GENERAL LEAVE passage of the bill. Johnson (IL) Portman Walsh Mr. YOUNG of Alaska. Mr. Speaker, I The question was taken; and the Johnson, Sam Price (NC) Wamp Jones (NC) Pryce (OH) Watkins (OK) ask unanimous consent that all Mem- Speaker pro tempore announced that Keller Putnam Watts (OK) bers may have 5 legislative days within the ayes appeared to have it. Kelly Quinn Weldon (FL) which to revise and extend their re- Mr. OBERSTAR. Mr. Speaker, on Kennedy (MN) Radanovich Weller marks and include extraneous material Kennedy (RI) Ramstad Whitfield that I demand the yeas and nays. Kerns Regula Wicker on H.R. 3150. The yeas and nays were ordered. Kildee Rehberg Wilson The SPEAKER pro tempore. Is there The SPEAKER pro tempore. This Kind (WI) Reynolds Wolf objection to the request of the gen- will be a 5-minute vote. King (NY) Roemer Wu Kingston Rogers (KY) Young (AK) tleman from Alaska? The vote was taken by electronic de- Kirk Rogers (MI) Young (FL) There was no objection. vice, and there were—yeas 286, nays Kleczka Rohrabacher f 139, not voting 8, as follows: Knollenberg Ros-Lehtinen LEGISLATIVE PROGRAM [Roll No. 425] NAYS—139 YEAS—286 (Mr. FROST asked and was given per- Ackerman Cummings Jackson (IL) mission to address the House for 1 Abercrombie Boucher Crane Allen Davis (CA) Jackson-Lee Aderholt Boyd Crenshaw Baca DeFazio (TX) minute.) Akin Brady (TX) Cubin Baird DeGette Jefferson Mr. FROST. Mr. Speaker, I take this Andrews Brown (SC) Culberson Baldacci DeLauro Johnson, E.B. time to inquire about next week’s Armey Bryant Cunningham Barcia Deutsch Jones (OH) Bachus Burr Davis (FL) Becerra Doggett Kanjorski schedule. Baker Burton Davis (IL) Bentsen Doyle Kaptur I yield to the gentleman from Texas Baldwin Buyer Davis, Jo Ann Berkley Eshoo Kilpatrick (Mr. ARMEY), the majority leader. Ballenger Callahan Davis, Tom Berman Farr Kucinich Mr. ARMEY. Mr. Speaker, I am Barr Calvert Deal Berry Fattah Lampson Barrett Camp DeLay Blumenauer Filner Langevin pleased to announce that the House has Bartlett Cannon DeMint Borski Ford Lantos completed its legislative business for Barton Cantor Diaz-Balart Brady (PA) Frank Larson (CT) the week. Bass Capito Dicks Brown (FL) Gephardt Lee The House will next meet for legisla- Bereuter Cardin Dingell Brown (OH) Gonzalez Levin Biggert Carson (OK) Dooley Capps Green (TX) Lewis (GA) tive business on Tuesday, November 6, Bilirakis Castle Doolittle Capuano Gutierrez Lofgren at 12:30 p.m. for morning hour and 2 Bishop Chabot Dreier Carson (IN) Hastings (FL) Lowey p.m. for legislative business. The House Blagojevich Chambliss Duncan Clay Hill Lynch Blunt Clement Edwards Clayton Hilliard Maloney (CT) will consider a number of measures Boehlert Coble Ehlers Clyburn Hinchey Markey under suspension of the rules, a list of Boehner Combest Ehrlich Collins Hinojosa Mascara which will be distributed to Members’ Bonilla Condit Emerson Conyers Holden Matsui offices tomorrow. Bonior Cooksey Engel Costello Holt McCarthy (MO) Bono Cox English Coyne Honda McCarthy (NY) Mr. Speaker, Members will want to Boswell Cramer Etheridge Crowley Hoyer McDermott note that on Tuesday, no recorded

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.092 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7697 votes are expected before 6:30 p.m. I re- The leadership on both sides of the on Tuesday, November 6, 2001 for morn- peat that, in compliance with the wish- building have made a commitment to ing hour debate. es of the gentleman from Kansas (Mr. the 16th. So while I stress that it seems The SPEAKER pro tempore. Is there MORAN), there will be no recorded votes to be the universal goal and objective objection to the request of the gen- before 6:30 p.m. on Tuesday next. that we would complete our work on tleman from Texas? On Wednesday and the balance of the the 16th, that at this point is what I There was no objection. week, the House will consider the fol- must advise the gentleman is our tar- f lowing measures, subject to rules: H.R. get for completing our work. DISPENSING WITH CALENDAR 3167, the Freedom Consolidation Act of b 2045 WEDNESDAY BUSINESS ON 2001, that was marked up today in the WEDNESDAY NEXT Committee on International Relations; Mr. FROST. Mr. Speaker, reclaiming and the Department of Defense Appro- my time, I yield to the gentleman from Mr. ARMEY. Mr. Speaker, I ask priations Act for Fiscal Year 2002. Ap- Minnesota (Mr. OBERSTAR) for a ques- unanimous consent that the business propriators are also continuing to work tion. in order under the Calendar Wednesday on several conference reports. I am Mr. OBERSTAR. Mr. Speaker, I rule be dispensed with on Wednesday hopeful that the VA–HUD conference thank the gentleman for yielding. next. The SPEAKER pro tempore. Is there report, among others, will be ready for I would inquire of the distinguished objection to the request of the gen- consideration in the House early next majority leader whether it is possible that the Speaker will name conferees tleman from Texas? week. There was no objection. The Speaker also reports that he will on the just-passed aviation security be ready to name conferees on the For- bill. I see that the distinguished leader f eign Operations Appropriations Act, announced that the Speaker will be HONORING THE NEW JERSEY LAW which I will be happy to schedule for ready to name conferees on Foreign ENFORCEMENT OFFICERS ASSO- consideration next week as well. Operations Appropriations, but given CIATION I want to thank the gentleman for the urgency and the significance that Mr. FERGUSON. Mr. Speaker, I ask yielding. was referenced throughout the debate unanimous consent for the immediate Mr. FROST. Mr. Speaker, I would ask tonight, I would inquire of the distin- consideration of the resolution (H. Res. the distinguished majority leader, he guished majority leader if it is possible 224) honoring the New Jersey State has indicated that perhaps the VA– at an early time to name conferees. Law Enforcement Officers Association. HUD conference report will be ready Mr. ARMEY. Mr. Speaker, if the gen- The Clerk read the title of the resolu- for consideration. Are there other con- tleman from Texas will continue to tion. ference reports that the gentleman is yield, again, I would like to thank the The SPEAKER pro tempore. Is there optimistic about being considered next gentleman from Minnesota for the in- objection to the request of the gen- week? quiry and it is, in fact, a very impor- tleman from New Jersey? Mr. ARMEY. If the gentleman will tant point. While my remarks for this Mr. PAYNE. Mr. Speaker, reserving continue to yield, Mr. Speaker, yes, we colloquy were prepared prior to the the right to object, although I do not do have reason to expect the Transpor- final passage vote, I can advise the gen- intend to object, I yield to the gen- tation appropriations conference re- tleman that the Speaker talked to me tleman from New Jersey to explain the port, the Agriculture conference re- just before he left the floor and advised resolution. port, and the CJS conference report as me that he will seek to name conferees Mr. FERGUSON. Mr. Speaker, I rise well next week. as quickly as possible. today in support of my legislation, H. Mr. FROST. I would further ask the Mr. OBERSTAR. Mr. Speaker, if the Res. 224, honoring the New Jersey gentleman, do you expect fast-track gentleman from Texas (Mr. FROST) will State Law Enforcement Officers Asso- legislation on the floor next week? continue to yield, I hope that will be ciation. This legislation recognizes the Mr. ARMEY. If the gentleman will early in the week because of the ur- bravery and honor of the law enforce- continue to yield, Mr. Speaker, we are gency of getting together and closing ment officers of New Jersey and the having discussions about the Trade the rather significant gulf between the service those officers provide to the Promotion Authority legislation. two versions of the aviation security communities that they serve. While it is not currently scheduled to bill. The New Jersey State Law Enforce- be scheduled, I think it fair to advise Mr. ARMEY. Mr. Speaker, if the gen- ment Officers Association was formed the body that it is possible for consid- tleman will continue to yield, the gen- in 1938 and celebrates a history of serv- eration next week. tleman from Minnesota’s point is well ice and dedication to our citizens. Any Mr. FROST. I would ask the majority taken, and I think he would find the person who enforces the law of their leader, will there be votes next Friday? Speaker’s enthusiasm as I saw it ex- State or the ordinances of any munici- Can you determine that at this point? pressed to me would be in perfect com- pality is eligible for active membership Mr. ARMEY. Again, as the gen- pliance with your point. in this association. Currently, the asso- tleman continues to yield, Mr. Speak- Mr. FROST. Mr. Speaker, I thank the ciation includes members from Fed- er, we are hopeful that the DOD appro- gentleman from Texas. eral, State, county, and municipal law priations bill and other conference re- f enforcement agencies, including spe- ports may be available to us, in which cial and auxiliary police. case we would stay for votes on Friday; ADJOURNMENT TO MONDAY, Each year, the New Jersey State Law but as has been our circumstance re- NOVEMBER 5, 2001 Enforcement Officers Association holds cently, we would have to watch that as Mr. ARMEY. Mr. Speaker, I ask an Annual Awards and Recognition the week develops and advise Members unanimous consent that when the Dinner to pay tribute to law enforce- as quickly as we can during the week. House adjourns today, it adjourn to ment officers who have demonstrated Mr. FROST. I would ask the gen- meet at 2 p.m. on Monday next. heroic or unselfish acts of bravery tleman, when do we expect to wrap up The SPEAKER pro tempore (Mr. while in the line of duty. This past the session for the year? Do you think SIMPSON). Is there objection to the re- March the association celebrated its it will occur before Thanksgiving? quest of the gentleman from Texas? 10th awards dinner in recognition of Mr. ARMEY. Again, I thank the gen- There was no objection. the top officers in New Jersey and ac- tleman for the request; and if the gen- f knowledged their dedication in pro- tleman would continue to yield, Mr. tecting and serving the State. Speaker, we are currently operating HOUR OF MEETING ON TUESDAY, Mr. Speaker, the events of September under a continuing resolution that NOVEMBER 6, 2001 11, 2001 have shown all Americans that would take us to the 16th. Up at the Mr. ARMEY. Mr. Speaker, I ask our law enforcement officers serve at White House last week the President unanimous consent that when the great risk to their personal safety. We made it clear he would like to see us House adjourns on Monday, November are indebted to law enforcement offi- complete our work. 5, 2001, it adjourn to meet at 12:30 p.m. cers everywhere who are willing to die

VerDate 13-OCT-2001 00:24 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.191 pfrm02 PsN: H01PT2 H7698 CONGRESSIONAL RECORD — HOUSE November 1, 2001 to protect the innocent and to risk all Mr. HOLT. Mr. Speaker, I thank the mately get care in our hospitals and of their hopes and their dreams to en- gentleman from New Jersey (Mr. emergency clinics. In that respect, and sure the safety and well-being of our PAYNE), and I join in thanking the gen- in so many other respects, the fact of families. Many of our law enforcement tleman from New Jersey (Mr. FER- the matter is that we see the enormous officers in New Jersey have given their GUSON) for introducing this legislation. risks that our men and women in blue lives in the line of duty, and I stand This resolution was introduced sev- take on on a daily basis. September 11 today with my colleagues in the House eral months ago in August, but we have magnified that for us. The constant of Representatives to honor and praise had a strong reminder since then of the challenge we have magnifies that for these fallen heroes. The thoughts and need for this recognition, that State us. prayers of this Congress and the coun- after State, we are now reminded of Lastly, let me just say it is good to try remain with their families. how dependent we are on each other recognize the New Jersey Law Enforce- The men and women in New Jersey’s and how dependent we are on first re- ment Officers Association and their law enforcement community are an in- sponders and especially our police. members and others in uniform. I also tegral part of our society who have In New Jersey when the alarm believe we need to stand by them in earned the public’s trust. They are on sounds, police officers put their lives meaningful ways, in ways in which we the frontline in our schools and in our on hold and answer. They work day and assist them as part of that crucial first streets preserving the right of children night to keep order in the community responder network. We need to help to learn in schools that are free from and to protect our liberties and our them with resources for training in the violence and the rights of our citizens lives. new environment that we are in. We to safe communities everywhere. Mr. On September 11 and the days fol- need to help those communities that have exhausted their overtime budgets Speaker, I ask that my colleagues join lowing, they were active in emergency in this context so that we can be able me in recognizing the bravery and response and urban search and rescue, to keep those departments whole. honor of the law enforcement officers and day in and day out, they are in our of New Jersey and the services of those schools and in our neighborhoods, b 2100 officers to their communities. teaching children a respect for commu- We need to provide resources through I would like to commend my col- nity and a respect for orderly behavior. what has been our COPS program to league from New Jersey for joining me We owe them a great deal of thanks, deal with the new security threats. in support of this important resolution. and this is the least we can do tonight When we do those things, we truly I would also like to thank personally to pass this resolution in their honor. honor the individuals whose resolution the gentleman from New Jersey for his I thank the gentleman from New Jer- we seek to recognize today. leadership on this and a range of other sey (Mr. FERGUSON) for initiating this, Mr. PAYNE. Mr. Speaker, I thank issues that benefit all of the citizens of and I am proud to join him in it. the gentleman for those timely re- New Jersey. Mr. PAYNE. Mr. Speaker, I yield to marks. We appreciate the great work Mr. PAYNE. Mr. Speaker, further re- the gentleman from New Jersey (Mr. he has been doing in the Congress and serving the right to object, I rise this MENENDEZ). in the State of New Jersey. evening to commend the gentleman Mr. MENENDEZ. Mr. Speaker, I Mr. Speaker, I yield to the gentleman from New Jersey (Mr. FERGUSON) and thank the gentleman for yielding. I from New Jersey (Mr. FERGUSON). to acknowledge the tremendous work want to also thank the gentleman from Mr. FERGUSON. Mr. Speaker, I of the New Jersey State law enforce- New Jersey (Mr. FERGUSON) for putting thank the gentleman for yielding to ment officers. They do this work on a forth the resolution. me. daily basis, and we took this work for In the resolution it says two things I again want to commend my col- granted for many years. However, the that we are so accustomed to saying, leagues for joining us here on the floor most recent events on September 11 but I think we have now come to un- of the House to offer our praise and demonstrated their heroic effort when derstand in a very dramatic way how recognition for these men and women who work so hard to protect us and many of the law enforcement officers important that sentiment is. It says, as law enforcement officers serve at great protect our families. from New Jersey went to New York to Our districts, Mr. Speaker, in New attempt to save lives of citizens who risk to their personal safety, and whereas the citizens of New Jersey are Jersey are not far from New York City. were the unfortunate victims of a ter- So many of our constituents and fami- indebted to their law enforcement offi- rorist attack. We do owe them a debt of lies, people that we represent, were af- cers who are willing to die to protect gratitude for their sacrifice and com- fected very directly by the events of them and their families and to risk all mitment to save the lives of all citi- September 11. In my district alone we of their hopes and all of their dreams zens of our great country. lost 81 people. That is 81 families and to ensure the safety and well-being of These men and women work tire- communities who are grieving over the New Jersey’s communities. lessly and they work to try to serve the loss of loved ones. people of New Jersey and, in turn, they We have seen that time and time To see, in the hours and days and did risk their lives to ensure our per- again in New Jersey, and we have seen weeks following these tragedies, to see sonal safety. that certainly in the aftermath of Sep- the incredible service, the dedication, The people of New Jersey applaud the tember 11, the enormous risk that indi- the sacrifice of those who wear a law efforts of the law enforcement officers viduals who we come to rely upon, enforcement uniform has been truly ex- as they are willing to die even to pro- their everyday members of our commu- traordinary. tect the families of our State. nity, in a sense; we see them as we Some statistics, just to highlight the As a former educator, I recognize the walk our streets or as they patrol our incredible service of our men and men and women in law enforcement neighborhoods and we think of them in women in uniform: who are on the front lines of our the context when there is no great There are approximately 740,000 schools and our streets, who preserve harm and no great fear. But when sworn law enforcement officers serving the rights of our smallest citizens to events like September 11 take place, it in the United States today, the highest live in a safe community, our young magnifies for us the great risk that figure ever, and about 12 percent of people as they go to and from school. they take, and that risk is never that number are women. We must continue to support the work known when it is going to visit. There are a total of 1,555 law enforce- of the individuals who serve the people In my district, which is right across ment officers that died in the line of in New Jersey for law enforcement and from midtown Manhattan where we see duty in the last 10 years. That is an av- throughout the country, but we would the New York skyline view, where we erage of one death every 57 hours, or certainly like to highlight those coura- used to see the World Trade Center, about 156 a year. There were 150 police geous men and women from our great and now see the scar that has been left deaths in the year 2000, which rep- State of New Jersey. behind, we saw hundreds of police offi- resented a 12 percent increase from the With that, Mr. Speaker, I yield to the cers being part of the triage system 137 officers who died in 1999. These fig- gentleman from New Jersey (Mr. that brought individuals, over 1,000, to ures include the victims of the Sep- HOLT). the New Jersey side of the river to ulti- tember 11 terrorist attacks.

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.193 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7699 Based on the most recent figures, New Jersey police officers were deployed to many, especially in New Jersey, our law en- some 300 public safety officials are the Hudson River to assist the victims. forcement officials and emergency personnel missing, they are missing, as a result Every single day since then, they have been continue to serve the public tirelessly. I cannot of the September 11 tragedies, includ- working around-the-clock to bolster security in think of a better way to honor the work of law ing more than 50 law enforcement offi- the New Jersey-New York region. Specifically, enforcement personnel in New Jersey than by cers. Crimefighting has taken its toll. additional troopers have been mobilized to supporting H. Res. 224. Since the first recorded police death in augment security in airports, bridges, and tun- Mr. Speaker, I withdraw my reserva- 1792 there have been more than 15,000 nels, as well as to strengthen security at the tion of objection. law enforcement officers who have Salem Hope Creek and Oyster Creek Nuclear The SPEAKER pro tempore (Mr. given their lives in the line of duty. Generating Stations. New Jersey State Patrol SIMPSON). Is there objection to the re- These are some startling numbers, Marine units have also been deployed to pa- quest of the gentleman from New Jer- staggering numbers, but statistics are trol waterways, especially the waterways adja- sey? There was no objection. secondary when we see in real life the cent to the nuclear facilities. New Jersey State The Clerk read the Resolution, as fol- service and the dedication of the men Police have also increased their presence in lows: and women who serve us in law en- Atlantic City Hotels and other likely terrorist H. RES. 224 forcement. targets. We are very, very pleased and I am New Jersey officers have also had to deal Whereas more than 700,000 men and women across the Nation serve their fellow citizens very, very pleased to join my col- with thousands of calls in response to pubic in their capacity as guardians of peace; leagues in offering this resolution this fears about anthrax contamination. HAZMAT Whereas the law enforcement officers of evening. teams have been deployed across the state to New Jersey are recognized for their dedica- Mr. PAYNE. Mr. Speaker, I thank investigate actual anthrax incidents, as well as tion to promote, advance, and encourage co- the gentleman. We certainly once cruel hoaxes. In my own district, the Hamilton operation among all law enforcement offi- again would like to express our appre- police department has been working non-stop cers; ciation for the gentleman bringing this to protect and reassure local residents who Whereas law enforcement officers serve at resolution to the floor. great risk to their personal safety; have seen their very neighbors and co-work- Whereas the citizens of New Jersey are in- As it has been indicated, New Jersey ers exposed and even infected with anthrax. debted to their law enforcement officers, was very severely impacted by Sep- In our greatest hour of need, New Jersey who are willing to die to protect them and tember 11. The fourth plane that left law enforcement officers have filled the breach their families and to risk all of their hopes out of Newark Airport, which is in my and made us all proud. and all of their dreams to ensure the safety district, the PATH train that goes to Mr. Speaker, I ask that my colleagues join and well-being of New Jersey communities; the World Trade Center leaves Newark me in recognizing the bravery and honor of Whereas law enforcement officers of New and in 15 minutes or so it is at the site the law enforcement officers of New Jersey. Jersey have fallen in the line of duty, and the thoughts and prayers of the House of of what is ground zero, now. The New Jersey State Law Enforcement Offi- Representatives and the country remain So we are very closely involved. We cers Association is the voice of those who with the families of these men and women; feel the impact on our districts, and we dedicate their lives to protecting and serving Whereas the men and women in New Jer- once again would like to commend the our communities, and especially at this time of sey’s law enforcement community are on the men and women in blue. uncertainty, our law enforcement officers de- front line in our schools and on our streets, We had a service just on Wednesday. serve our full support. preserving the right of our children to learn I went back to the district in Newark. Mr. FRELINGHUYSEN. Mr. Speaker, today in schools that are free of violence and the We had a service at the University of I rise in strong support of H. Res. 224, a reso- right of our citizens to safe communities; Medicine and Dentistry, where we hon- and lution honoring the New Jersey State Law En- Whereas the members of the New Jersey ored policemen and firemen there on forcement Officers Association and all law en- State Law Enforcement Officers Association Wednesday. The concerned citizens of forcement officers in New Jersey. They serve are an integral part of our society, in whom the hospital did this. It was just con- and protect our state and local communities we have instilled public trust: Now, there- tinued recognition for the great work with bravery, pride, professionalism and honor fore, be it they have been doing. each and every day. Resolved, That the House of Representa- Mr. Speaker, once again I thank the The fine men and women who make up tives recognizes the bravery and honor of the gentleman. law enforcement officers of New Jersey, and New Jersey’s law enforcement agencies are the service of those officers to their commu- Mr. SMITH of New Jersey. exceptional people who do a very dangerous nities. Mr. Speaker, I rise today to express my job, often without fanfare or recognition. They The resolution was agreed to. strong support for House Resolution 224, put their own lives on the line so that our A motion to reconsider was laid on which honors more than 10,000 members of schools, streets, children and families are safe the table. the New Jersey State Law Enforcement Offi- from harm and danger. They are, as we have f cers Association. been reminded by their extraordinary response As a proud co-sponsor of this resolution, since September 11, true heroes. CONTINUATION OF SUDAN EMER- which was introduced prior to the September On September 11, thousands of police offi- GENCY—MESSAGE FROM THE 11th attacks, our respect for New Jersey’s law cers and emergency personnel from local PRESIDENT OF THE UNITED enforcement officers runs deep. Day in and communities across New Jersey were mobi- STATES (H. DOC. NO. 107–140) day out, these individuals routinely put their lized immediately and dispatched to help with The SPEAKER pro tempore laid be- life on the line—valor, courage and bravery the search and recovery efforts at Ground fore the House the following message are commonplace in their daily job. Zero. Our thanks and our gratitude goes out to from the President of the United Formed in 1938, The New Jersey State Law everyone who assisted in a time of such great States; which was read and, together Enforcement Officers Association celebrates a need. Our prayers are with the families of the with the accompanying papers, without rich tradition of service and dedication to our victims, which included police officers and fire- objection, referred to the Committee citizens. Individuals who enforce New Jersey’s fighters who rushed into the World Trade Cen- on International Relations and ordered state laws, and the ordinances of New Jersey ter to save lives. to be printed: municipalities, are eligible for active member- In recent weeks, I have had the opportunity To the Congress of the United States: ship. Currently, the Association includes mem- to personally thank a few of those police offi- Section 202(d) of the National Emer- bers from Federal, State, County and Munic- cers, fire and emergency personnel from my gencies Act (50 U.S.C. 1622(d)) provides ipal Law Enforcement Agencies, including Congressional District by presenting them with for the automatic termination of a na- Special and Auxiliary Police. flags that flew over the U.S. Capitol. Almost tional emergency unless, prior to the Mr. Speaker, the events of September 11, every one of the 57 communities I represent anniversary date of its declaration, the 2001 have shown all Americans that our law sent police officers, firefighters and EMT’s to President publishes in the Federal Reg- enforcement officers serve at great risk to their the site of the World Trade Center Disaster, ister and transmits to the Congress a personal safety. The men and women of New many of whom are volunteers. notice stating that the emergency is to Jersey’s law enforcement community are gen- Mr. Speaker, it has been more than two continue in effect beyond the anniver- uine community leaders who do a tough job months since the tragic events of September sary date. In accordance with this pro- and do it well. Within an hour of the attack, 11, and today, with anthrax a real threat for vision, I have sent the enclosed notice,

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.195 pfrm01 PsN: H01PT2 H7700 CONGRESSIONAL RECORD — HOUSE November 1, 2001 stating that the Sudan emergency is to There was no objection. dress himself. He has learned to eat, continue in effect beyond November 3, f and he has learned to eat with a fork 2001, to the Federal Register for publica- for the first time. It may not seem like tion. The most recent notice con- SPECIAL ORDERS a big accomplishment for most of us, tinuing this emergency was published The SPEAKER pro tempore. Under but for a child with autism, that is a in the Federal Register on November 2, the Speaker’s announced policy of Jan- monumental task. 2000 (65 Fed. Reg. 66163). uary 3, 2001, and under a previous order For the first time, Bonnie allows her The crisis between the United States of the House, the following Members hair to be brushed and no longer invol- and Sudan constituted by the actions will be recognized for 5 minutes each. untarily darts away from her care- and policies of the Government of givers. f Sudan, including continuing concern Bonnie and Willis are fortunate and The SPEAKER pro tempore. Under a about its record on terrorism and the blessed children. They receive profes- previous order of the House, the gen- prevalence of human rights violations, sional assistance and education to help tleman from New Jersey (Mr. PALLONE) including slavery, restrictions on reli- optimize their potential and learning is recognized for 5 minutes. gious freedom, and restrictions on po- capabilities. But many autistic chil- (Mr. PALLONE addressed the House. litical freedom, that led to the declara- dren are not as lucky. Many children His remarks will appear hereafter in tion of a national emergency on No- do not have access to health care and the Extensions of Remarks.) vember 3, 1997, has not been resolved. to therapy that they so desperately These actions and policies are hostile f need. to U.S. interests and pose a continuing While the national rates of children URGING MEMBERS TO SUPPORT being diagnosed with autism are in- unusual and extraordinary threat to FUNDRAISERS AND WALK-A- the national security and foreign pol- creasing dramatically, there remains THONS TO RAISE MONEY FOR no known cure nor cause for autism. icy of the United States. For these rea- AUTISM RESEARCH sons, I have determined that it is nec- Mr. Speaker, we need to continue to essary to continue the national emer- The SPEAKER pro tempore. Under a raise research funding for autism to gency declared with respect to Sudan previous order of the House, the gentle- find treatments and preventions for and maintain in force the comprehen- woman from Florida (Ms. ROS- this disability. The National Alliance for Autism Re- sive sanctions against Sudan to re- LEHTINEN) is recognized for 5 minutes. search, NAAR, is an organization spond to this threat. Ms. ROS-LEHTINEN. Mr. Speaker, last night while most American chil- whose mission it is to fund, promote, GEORGE W. BUSH. and support biomedical research for au- THE WHITE HOUSE, October 31, 2001. dren donned their costumes to cele- brate Halloween, Bonnie and Willis tism spectrum disorder. To fulfill its f Flick, the children pictured here, were commitment, every year throughout PERIODIC REPORT ON NATIONAL able to go trick-or-treating only as a our Nation the organization hosts EMERGENCY WITH RESPECT TO result of much preparation by their walk-a-thons to help raise vital re- SUDAN—MESSAGE FROM THE mother, Patience. search funds. PRESIDENT OF THE UNITED Bonnie and Willis are superheroes, This Saturday, I, along with many STATES (H. DOC. NO. 107–141) not because they were dressed as wiz- others, will be participating in Walk The SPEAKER pro tempore laid be- ards, but because of the efforts that Far for NAAR, which will be held in fore the House the following message they make each and every day in try- my congressional district at Crandon from the President of the United ing to fit into our world. It is difficult Park in Key Biscayne. States; which was read and, together for Bonnie and Willis to make sense of I congratulate the chairs of this with the accompanying papers, without our overwhelming and challenging en- year’s walk, Robert and Patricia objection, referred to the Committee vironment because they have a neuro- Cambo and Rain Vega, for their hard on International Relations and ordered logical disease called autism. work in putting together this year’s to be printed: Autism affects the development of event. I also encourage my colleagues the brain, especially in the areas of so- to remember the other Bonnie and To the Congress of the United States: Willises in their districts, and on their As required by section 401(c) of the cial interaction and communication skills. As a result, it is difficult for behalf to help promote awareness on National Emergencies Act, 50 U.S.C. autism so that each day we will be a 1641(c), and section 204(c) of the Inter- Bonnie and Willis to play with friends or to form relationships that most 11- step closer in banishing this debili- national Emergency Economic Powers tating disorder. Act (IEEPA), 50 U.S.C. 1703(c), I trans- and 13-year-olds have. mit herewith a 6-month periodic report Autism affects one out of every 500 f of the national emergency with respect individuals, and it is a spectrum dis- The SPEAKER pro tempore. Under a to Sudan that was declared in Execu- order, which means that it manifests previous order of the House, the gentle- tive Order 13067 of November 3, 1997, itself in different ways. woman from Georgia (Ms. MCKINNEY) is based upon information made available For example, Bonnie can read and is recognized for 5 minutes. (Ms. MCKINNEY addressed the to me. able to go to a special school called the House. Her remarks will appear here- GEORGE W. BUSH. Learning Experience in Miami. She is a after in the Extensions of Remarks.) THE WHITE HOUSE, October 31, 2001. more high-functioning autistic child. f But her brother, Willis, on the other f hand, is mostly nonverbal. Talking for The SPEAKER pro tempore. Under a APPOINTMENT OF MEMBER TO him is in small, almost guttural sounds previous order of the House, the gen- BOARD OF TRUSTEES OF CEN- that come as a result of hard work. Ex- tleman from Indiana (Mr. BURTON) is TER FOR RUSSIAN LEADERSHIP pressing emotions such as joy, anger, recognized for 5 minutes. DEVELOPMENT and frustration are extremely difficult (Mr. BURTON of Indiana addressed The SPEAKER pro tempore. Without for Willis. the House. His remarks will appear objection, pursuant to section 313(2)(a) However, Bonnie and Willis are a hereafter in the Extensions of Re- of Public Law 106–554, and upon the part of our world, not a world apart, as marks.) recommendation of the minority lead- this tee shirt reads. This is a tee shirt f er, the Chair announces the Speaker’s that we will be wearing as part of the The SPEAKER pro tempore. Under a appointment of the following Member Flick family team this Saturday when previous order of the House, the gentle- on the part of the House to the Board we walk for more autism research. woman from the District of Columbia of Trustees of the Center for Russian Each day Bonnie and Willis continue (Ms. NORTON) is recognized for 5 min- Leadership Development for a term of 3 to work hard to fit into our confusing utes. years: world. They have been blessed with (Ms. NORTON addressed the House. Mr. ROBERT E. (BUD) CRAMER, Jr., of wonderful teachers who have a great Her remarks will appear hereafter in Alabama. deal of patience, and today Willis can the Extensions of Remarks.)

VerDate 13-OCT-2001 00:24 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.112 pfrm02 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7701 POLITICAL PROFITEERING But watch as we engage developing (Mr. ABERCROMBIE addressed the The SPEAKER pro tempore. Under a countries in trade and investment, House. His remarks will appear here- previous order of the House, the gen- democratic developing countries are after in the Extensions of Remarks.) tleman from Ohio (Mr. BROWN) is rec- losing ground to dictatorships, to au- ognized for 5 minutes. thoritarian developing countries. f Mr. BROWN of Ohio. Mr. Speaker, Democratic nations such as India are think back to the late afternoon, early losing out to the authoritarian com- TRIBUTE TO THE HON. GERALD evening of September 11 when several munist nations such as China. Demo- B.H. SOLOMON gas stations in northeastern Ohio and cratic nations such as Taiwan are los- The SPEAKER pro tempore. Under across the Midwest and across the ing out to autocratic nations such as the Speaker’s announced policy of Jan- country raised their prices of gas to $4, Indonesia. uary 3, 2001, the gentleman from New $5, $6 a gallon. Some people would call In 1989, 57 percent of developing- York (Mr. GILMAN) is recognized for 60 that war profiteering. country exports in manufacturing But something else happened in this came from democracies. Since then the minutes as the designee of the major- Chamber in the last 8 weeks, some- share of developing country exports ity leader. thing perhaps not much different that from democracies fell 22 percent. Now Mr. GILMAN. Mr. Speaker, I thank some have called political profiteering. 65 percent of developing country ex- my colleagues for participating with us First, this Congress passed a bailout ports come from authoritarian coun- in this Special Order this evening to bill giving the airlines $15 billion, no tries. pay tribute to our former colleague, strings attached, no sacrifices from air- The fact is Western business inves- the gentleman from New York’s 22nd line executives, no assistance for the tors want to go to China, want to go to Congressional District, Gerald B.H. 100,000 laid-off workers, no dollars for Indonesia, want to go to countries Solomon. nor push toward any airline safety which are dictatorships because they I am pleased at this time to yield to measures. have docile workforces, authoritarian our distinguished majority leader, the Then last week, all in the name of re- governments, and they are very pre- gentleman from Texas (Mr. ARMEY). building the economy that has obvi- dictable for Western business. They do Mr. ARMEY. Mr. Speaker, I thank ously suffered a blow from September not want to go to India. They do not the gentleman from New York (Mr. 11, this Chamber voted tax cuts for the want to go to Taiwan. They do not GILMAN) for recognizing me. richest people in the country, and very want to go to South Korea; and they do This is kind of a solemn occasion. little for health care for laid-off work- not want to stay in this country many The Speaker, the gentleman in the ers, very little tax relief for those who times because we have strong environ- chair, will be proud to know that Ger- need it, most making $20,000, $30,000, mental laws, because labor unions can ald Solomon was born in 1930 in Okee- $40,000, $50,000 a year. organize and bargain collectively, be- chobee, Florida. Then this political profiteering cause we have free elections. Jerry Solomon grew up to be a fine reached new heights as this week the Western corporations want to invest man, a dedicated Marine, great Mem- United States Trade Representative in countries that have poor environ- ber of this body, friend and mentor, Bob Zoellick has begun to link fast mental standards, that have below-pov- sometimes disciplinarian to all of us. I track legislation, giving the President erty wages, that have no worker bene- had the privilege of arriving in the trade promotion authority, linking fits, that have no opportunities to bar- House of Representatives when Jerry that legislation to antiterrorism ac- gain collectively. Solomon had already been here and tivities, pointing out that most of us As American investment moves to working with him until he retired. I who oppose fast track are indifferent to those dictatorships where they do not watched him as he worked on behalf of terrorism, questioning a bit our patri- have the values that we have, where veterans with a heart that seemed to otism, and saying that we really do not they do not care about the workers and be just as big as can be; and he believed share American values if we do not the environment and food safety and in freedom, not only for America but support fast track because that is the all the things that we in this institu- for all the world. way to combat terrorism around the tion have fought for, American work- Gerald Solomon was always busy on world. ing families lose out. foreign policy matters. He was busy on Mr. Speaker, fast track, to be sure, Our trade agreements go to great veterans affairs. He was a strong pro- does not embody those American val- lengths to protect investors and prop- ponent of a strong defense, but he was ues that our U.S. Trade Representative erty rights. But these agreements do also a man with a big heart. And one of has indicated. Simply look at the up- not include enforceable provisions to the things that would always shine coming WTO, World Trade Organiza- protect workers, either in the United through with Jerry, especially when he tion, ministerial in Doha, Qatar. The States or abroad. was with his beautiful wife, Freda, and people in Qatar, where trade ministers Ambassador Zoellick’s call for a his children, was that he was a man from all around the world and prime blanket trade authority in the name of who had a heart for family. And that ministers and leaders from all around patriotism must be recognized for what too, I think, to many of us was an in- the world are converging, the people in it is, pure and simple political profit- spiration. Qatar have no freedom of speech, no eering. I have watched this country re- This is a tough job; this is a tough freedom of assembly, no freedom of re- spond to the events of September 11. place. It is tough on our lives. And to ligion, as pointed out by the gentle- The right response for American values have those colleagues that we have, woman from Ohio (Ms. KAPTUR) in a is to vote no on trade promotion au- Jerry Solomon being a perfect exam- Dear Colleague she sent around this thority. ple, that can meet all of the demands week; no freedom of association, and in f of this work, and especially the de- Qatar there are no free elections. The SPEAKER pro tempore (Mr. Yet, the World Trade Organization mands of travel that he met with for- PUTNAM). Under a previous order of the eign travel in his interests, and remain ignored these abuses of personal free- House, the gentleman from Michigan dom in selecting Qatar as the host for so thoroughly dedicated, devoted to his (Mr. STUPAK) is recognized for 5 min- wife. And many will remember that the World Trade Organization ministe- utes. rial. you did not have to look much further (Mr. STUPAK addressed the House. beyond the reflection of Freda and b 2115 His remarks will appear hereafter in Gerry’s eyes to see the definition of the Qatar’s human rights record is not in the Extensions of Remarks.) word adoration. He truly did love his line with American values, but it is fa- f family. miliar territory for many of corporate The SPEAKER pro tempore. Under a So he helped us in so many ways with America’s trading partners. Supporters previous order of the House, the gen- his presence, with his commitment, his of fast track say interaction with the tleman from Hawaii (Mr. ABERCROMBIE) sense of courage, his dedication, his developing world spreads democracy. is recognized for 5 minutes. legislative skills, his good judgment on

VerDate 13-OCT-2001 00:24 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.205 pfrm02 PsN: H01PT2 H7702 CONGRESSIONAL RECORD — HOUSE November 1, 2001 occasion, good advice on others, and re- dying day he wanted to know what he I want to relate one personal experi- straining hand on a few. Even his will- could do for his country. ence that I am sure his wife, Freda, ingness to himself accept the restrain- Jerry, I think every Member of this will remember very well. We traveled ing hand when that Marine Corps tem- body would agree that you did more together frequently since I had the perament would get out of control was than enough, and we will miss you. privilege to chair the delegation at the an example for the rest of us. And then Mr. GILMAN. Mr. Speaker, I thank encouragement of Jerry Solomon be- to combine that with the year-in, year- the gentlewoman from New York (Mrs. cause he was very busy with the Com- out example that yes, you too can meet MALONEY) for her kind words. mittee on Rules. We were having plane all the demands of this congressional Mr. Speaker, I am pleased to yield to trouble as we tried to take off from re- life and still remain devoted to a fam- one of Gerry’s colleagues, former col- fueling in the Azores on the way back ily life, where you can be cherished and league on the Committee on Inter- from a NATO meeting in Europe. We where you can cherish your family. national Relations, the former vice- had to return to the Azores because of We were sad when Jerry retired. chairman of the Committee on Inter- pressurization. We tried again. And Many of us talked about Jerry at that national Relations, the gentleman Jerry Solomon was stewing because he time. I remember saying to Jerry, from Nebraska (Mr. BEREUTER). had to get back here to chair a Com- Mr. BEREUTER. Mr. Speaker, I Jerry, you are like a boat when you mittee on Rules hearing. His wife tried thank the gentleman from New York come to this body. Everybody loves to calm him. My wife tried to calm (Mr. GILMAN) for yielding me this time you when you are brand new, but they him. Eventually about 6 hours later we to speak about my dear departed col- love you even more when you leave. got on to a transport plane, no seats, league and friend, Jerry Solomon. Jerry got a kick out of that. Jerry Solomon and I were elected to- just webbing and the floors. We enjoyed his celebration and we gether in 1978. We became friends and I I can recall and I am sure Freda will saw him off and on. I have to say, Mr. now count him as one of the very best recall how that ramrod straight-back Speaker, it was a blow to me the other friends I have ever had. His wife, Freda, Marine was lying back on the floor in day when I picked up the paper and saw and my wife, Louise, he and I shared a the cold on the deck of the transport that we had lost Jerry. I truly lost a friendship among us that simply grew plane and we worked our way back to friend. And like others here, I will miss over time to a point that I came to ap- Washington, D.C. so he could take over him. I guess we just did not expect it. preciate him in so very many ways. the responsibilities of the Committee We just do not expect to lose somebody The gentlewoman from New York on Rules and move some important leg- that seems so strong and so boisterous. (Mrs. MALONEY) had just talked about islation for the House. If I can again just thank the gen- his interest in doing whatever he could Jerry Solomon made many contribu- tleman from New York (Mr. GILMAN) to advance the best interest of our tions here. It is impossible to enu- for allowing me this little bit of time. country. Jerry Solomon was an un- merate them all. But of the things that If I could probably find two final words abashed flag-waving patriot. But he the gentleman from New York (Mr. to say to my friend, Jerry Solomon, I was a patriot in deed as well as word. GILMAN) and I had the privilege to do guess they would have to be semper fi. And we came to know that because of today is to offer an amendment to leg- Mr. GILMAN. Mr. Speaker, I thank his service on the Committee on Inter- islation that was pending and which we the majority leader for his kind re- national Relations, first of all, and passed unanimously from the com- marks. later the leadership he brought to the mittee encouraging and enumerating Mr. Speaker, I yield to the gentle- Congress through his chairmanship of the support for NATO expansion. woman from New York (Mrs. the House Committee on Rules. b 2130 MALONEY). His dedication to his family has been Mrs. MALONEY of New York. Mr. frequently mentioned. One of his chil- We amended that bill to name it for Speaker, I thank the gentleman from dren, the only one I am privileged to our colleague, our late departed col- New York (Mr. GILMAN) for organizing know, is Linda Solomon who has league Jerry Solomon, because he was this Special Order in memory of our played and continues to play a very such a leader in encouraging the en- colleague and fine friend. crucial role as the person in charge of largement of NATO both within the as- Mr. Speaker, last week New York and protocol for the Committee on Inter- sembly and here in the House of Rep- America lost a great patriot, a fierce national Relations, and she is a very resentatives. And because the House of advocate, a fine leader and legislator valued and respected and loved staff Representatives, of all of the entities and an extremely decent, kind and member for the committee. across the whole world, took the lead wonderful man. Whatever differences I want to speak about Jerry Sol- first in trying to push for NATO expan- we had on policy, I always admired omon, however, in a way that perhaps sion, and because Jerry Solomon Jerry Solomon and our differences I have a special opportunity and played a major role in assisting Presi- were never personal; they were merely knowledge. And that is to talk about dent Clinton at the Madrid Summit, based on policy disputes. his role in the NATO Parliamentary which considered for the first substan- He spoke and acted with tremendous Assembly. It was through Gerry’s en- tial time NATO expansion, for these conviction. One never needed to inter- couragement that I first became in- reasons we thought it was particularly pret what Jerry was saying. He was re- volved in 1984. He already as a young fitting. freshingly direct. He stuck to his guns, Member of the House was involved in So I want to thank the gentleman and I know my colleagues are going to this interparliamentary effort involv- from New York (Mr. GILMAN) for join- miss him as much as I will. ing the parliamentarians from the then ing me in that effort, for a suggestion Jerry led the Committee on Rules 16 NATO countries and later the 19 that was always followed through on, with distinction, decisiveness and fair- countries that now constitute NATO and for yielding me this time on behalf ness. His stewardship of that powerful and the associate members. He was of our beloved colleague, the late Jerry committee was a credit to this institu- very well respected in that body. We Solomon. We wish all the best possible tion. As a fellow New Yorker, Jerry have five major committees. He in the days ahead to Freda and his fam- was extremely gracious to me when I chaired for the maximum length of ily as they miss his physical presence came to Congress in 1993 and all the time the political committee, which here on Earth. years that we served together. He and I you might be surprised was the one Mr. GILMAN. I thank the gentleman shared a love of the Adirondacks and that dealt with the most controversial for his kind words on behalf of Jerry. I Upstate New York. He was devoted to subjects and had the widest area of am pleased now to yield to the gentle- his wife, Freda, and his family. Above coverage. That was in 1993 through woman from Ohio (Ms. KAPTUR), who all I will remember Gerry’s passion, an 1996. was kind enough to yield some time to ex-Marine, an entrepreneur, and a fa- Later, in 1997 and 1998 for the max- us this evening so that we could pro- ther of five. imum 2-year term, he served one of the ceed before her special order. Jerry had a rock-solid vision of the assemblies of vice presidents. He was Ms. KAPTUR. I would like to thank American way. He was true to that vi- extraordinarily effective in that venue our esteemed colleague, the gentleman sion in everything he did and to his just as he is and was in this House. from New York (Mr. GILMAN), and the

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.209 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7703 dean of the New York delegation, for voice. My deepest condolences to his mament, Representative to the North yielding me some time, as a Mid- family and the people of his home Atlantic Assembly, Chair of the Polit- westerner, a Buckeye, to place in the State. And once again I thank the dean ical Foreign Affairs Committee, Chair RECORD very sincere remarks in mem- of the New York delegation for this op- of the House NATO Observer Group, ory of the life of our beloved colleague, portunity. and the U.S. Task Force on POW-MIAs. Jerry Solomon, someone with whom I Mr. GILMAN. I thank the gentle- Jerry shone in business as brilliantly had the great privilege of serving for woman from Ohio for her kind words. as he did in Congress. His most recent over a decade and a half. I am now pleased to yield to the gen- business achievement was forming the When I first came to Congress as a tlewoman from Florida (Ms. ROS- Solomon Group, a successful con- young Member we began our service on LEHTINEN), a fellow member of the sulting firm providing advice and coun- the Committee on Veterans’ Affairs. He Committee on International Relations, sel to Fortune 500 companies and inter- was already there. And I remember as who served with Jerry for a number of national corporations worldwide. Be- a new Member his devotion, his com- years on our committee. fore serving in Congress, Jerry was also mitment, his seriousness and his Ms. ROS-LEHTINEN. Mr. Speaker, I a successful businessman, dealing with humor on the Committee on Veterans’ thank the gentleman for yielding to insurance, investment, and inter- Affairs. He then obviously moved over me, and it is with great sadness that I national trade. to Rules and became very involved join my other colleagues in noting the We were fortunate to have known there, rising to chair the committee. passing of former Congressman Gerald Jerry and to have had him as a con- I think I will always remember Jerry Solomon, one of the most effective and gressional leader, but it is his commu- coming through these doors with those committed Members that this body has nity that will miss him the most. I am big brown folders. And I do not know ever had. And although we are sad in certain that the love and the kindness how he got all those papers, but they noting his passing, we should take this that he expressed to the people in his were always like a foot thick and they opportunity really to celebrate his pro- district, in his State, will be forever re- had like a rubber band or a tie or some- ductive and fruitful life as a husband, membered and cherished. He said that thing. The papers never seemed to fall as a father, as a Member of Congress, his greatest enjoyment came from suc- out. He would kind of grip them, like as a businessman, as a civic leader, and cessfully helping people back home in that. It must have been an old duffle as a mentor. his district cope with problems that bag Marine trick or something, but he With devotion and love, Congressman they had with the Federal bureaucracy. carried those folders all over the floor. Solomon shared his life with his high His selflessness and commitment to And what a great patriot. What a pa- school sweetheart, Freda, and later civic duty was demonstrated by his triot. He loved this country so much. with his five children, including Linda, service as a volunteer fireman; his in- And I agree with what my sister col- who works in our Committee on Inter- volvement with the Boy Scouts of league, the gentlewoman from New national Relations, and his six grand- America, spanning over 50 years; his York (Mrs. MALONEY) has said. His de- children. Although our Nation mourns founding of the Queensbury Kiwanis termination and his directness was re- the loss of this great leader, his family, Club and the Queensbury Jaycees; his freshing. It was so refreshing. Some- as noted in their own words, lost a active membership in his local Elks times you didn’t want to be at the end deeply loving husband, father and Lodge, Free and Accepted Masons when it had a barb, but you always grandfather. Lodge, the Royal Arch Masons, and the knew that he would level with you. The spirit of love permeated all fac- Joseph Warren Council. Through all of And he had such a way of carrying ets of his life. During his spectacular these activities, Jerry touched the himself. He kind of pitched his shoul- career in the House of Representatives, lives of many who have also aspired to ders here, and he looked like he plant- spanning over two decades, Jerry greatness, and numerous other honors ed himself on the floor. He always worked tenacious on issues benefiting that we cannot name tonight, for Jerry stood his ground. not only his district in New York but truly served as a mentor to many of us. Many people will talk about Jerry benefiting the entire country. Love for I am proud to pay tribute to this de- getting a little red faced and excited at his work and devotion to his country voted leader, to this patriot, and to ex- times, but I also remember his humor, were the impetus for his efforts here in press my heartfelt condolences to his the great sense of humor that he had. Congress. An example was his support family and friends. May they find peace And in some of the issues we got in- of a balanced budget, of which he was a and comfort in the knowledge that he volved in, you needed to have a great proponent long before it became in made significant differences in the sense of humor. vogue, so that our country could be fis- lives of everyone whom he touched and I remember his great friendship and cally sound and responsible. that he was an inspiration to those of support on all of the economic ques- His love for the American people led us who also serve. He will forever be re- tions that we faced as a country, his him during his tenure as chairman of membered as a patriot, as an Amer- deep concern about the workers in his the Committee on Rules to streamline ican, always a proud Marine. community who had been thrown out many areas of the House and reduce Semper fi, Jerry Solomon. of work, his mastery of international the size and the power of Congress to Mr. GILMAN. Mr. Speaker, I thank trade law, and his work with us in try- remain true to our belief that individ- the gentlewoman from Florida, the dis- ing to right the wrongs that existed in uals and not Congress are vested with tinguished chairman of the Sub- trade policy so that we would pay at- power. committee on International Operations tention to those who paid the price of Jerry’s love for recognizing our coun- and Human Rights, for her very kind trade laws that are out of balance, try’s veterans was the impetus for au- words. truly, and do not pay enough attention thoring the bill creating the Depart- I am pleased to now yield to the gen- to workers. He really fought for the ment of Veterans’ Affairs, for co-au- tleman from Illinois (Mr. SHIMKUS). workers of his State and our country. thoring the GI bill, and fighting to es- Mr. SHIMKUS. Semper fi. Always So I just wanted to say to his wife tablish the Saratoga National Vet- faithful. There is no better phrase to Freda, to his five children, and they eran’s Cemetery. describe Jerry Solomon. He was always used to sit down in the dining room Work during his tenure in Congress faithful to his family, he was always here all the time and dine together, his was not limited to legislative efforts faithful to his God, he was always love for you shown always. And I can only. Jerry also led many task forces, faithful to NATO, to our NATO allies, still see his smiling face. What a boards, and represented us in impor- and to the cause of NATO enlargement. square-jawed, patriotic, truly caring tant global organizations. My col- And I bring a warm heartfelt thanks gentleman he was, and it was my great league, the gentleman from Nebraska from the Baltic countries of Estonia, privilege to have served with him. (Mr. BEREUTER), mentioned some of Latvia, and Lithuania, whose role in I thank the people of New York for those. For example, he was the Chair of NATO enlargement was always cham- renewing his election many, many, the National Defense Task Force, he pioned by Congressman Solomon. many years, allowing him to gain the was the Congressional Advisor to the He was always faithful to this insti- seniority here where he was given true United Nations Session on Disar- tution, he was always faithful to the

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.211 pfrm01 PsN: H01PT2 H7704 CONGRESSIONAL RECORD — HOUSE November 1, 2001 Boy Scouts of America, his beloved Ma- of Jerry Solomon’s belief as to how Mr. GILMAN. Mr. Speaker, I thank rine Corps, this country, and our be- this country should conduct foreign the gentleman. I yield to the gen- loved flag. His booming voice left this policy. tleman from California (Mr. COX), the floor on his retirement, and on his I recall all the debates we had on the chairman of our Republican Policy death his voice has left this world. But nuclear freeze; the idea that somehow Committee. the echoes of his booming voice will if we would just show a little more pas- Mr. COX. Mr. Speaker, when Chair- continue to ring: Duty, honor, country, sivism, if we would simply halt and not man Jerry Solomon died last Friday, or let’s step outside. do anything while the Soviet Union America lost one of freedom’s great I personally remember, always, one built 758 big ICBMs during the 1970s friends. time when I heard ‘‘Shimkus, you and early 1980s, that somehow they Jerry had been leading the congres- voted wrong,’’ right here on this floor. would reciprocate because of our kind- sional charge to put the last nail in the And the gentlewoman from Florida ness and our good personalities and coffin of Soviet communism for many (Ms. ROS-LEHTINEN) has left the floor, they in fact would start to build down years when I began working with him but I think the vote was on Radio their nuclear inventory. here on Capitol Hill in 1988. Decades Marti. You know what? He was right. b 2145 earlier he had taken more direct action I was not a classmate of Jerry’s, I volunteering as a Marine during the But Jerry Solomon believed you was not on his committee, and I am Korean War. could only achieve peace by having not from his State. I am just a veteran, In more recent years, it was my strength. He was on the floor, as was like Jerry, who loves his country. Sem- privilege to work with Jerry to pro- the gentleman from New York (Mr. per fi, Jerry Solomon. I will miss you. mote freedom in place of communism GILMAN) and the gentleman from Ne- Mr. GILMAN. Mr. Speaker, I thank in the People’s Republic of China. It braska (Mr. BEREUTER), during the nu- the gentleman from Illinois (Mr. was Jerry’s leadership, more than any- clear freeze debate that took place over SHIMKUS). thing else, that permitted this House 3 or 4 weeks, holding out until we im- I am pleased to yield to the gen- to act unanimously to put together the pressed upon the American people, and tleman from California (Mr. HUNTER), Select Committee on National Secu- I think the leadership of the Soviet the chairman of the Subcommittee on rity that I, the gentleman from Ne- Union, that we intended to remain Military Research and Development of braska (Mr. BEREUTER), and others strong and become stronger. Through the Committee on Armed Services, a from both sides of the aisle served the leadership of Ronald Reagan, they good colleague of Jerry Solomon’s. upon. It was Jerry’s help, as chairman called up at one point, and the Soviets Mr. HUNTER. Mr. Speaker, I thank of the Committee on Rules, in struc- said can we talk. We did talk and that my colleague for yielding me the time, turing that select committee of this led to the first arms reduction agree- and I thank all my colleagues for their Congress that paved the way for the ments. That set the tone for the talks wonderful and eloquent words. I was that are going on today, that will re- unanimous and bipartisan result that listening to them back in my office, sult in further reductions to our nu- we achieved, and for the implementa- and that is why I came over also, to clear stockpiles, as well as the Rus- tion by the Congress and the execution pay tribute to Jerry. sians’. of every one of our recommendations. A number of folks have talked about Jerry Solomon was here at a critical In 1988, Jerry’s work on the Com- Jerry’s countenance and his optimism time in our history. He also believed in mittee on Policy’s policy for freedom and his appearance. And he was impres- the American patriot. I think one of brought us 11 separate pieces of legisla- sive because he had that big voice and Jerry’s great attributes was that he tion that were passed essentially he exerted that voice, and he had a wanted to remake America in his unanimously by this full House, and great leadership role in this House. But image. I mean that in a good way. again the gentleman from Nebraska he had this countenance and presence Jerry was a patriotic guy who served in (Mr. BEREUTER) worked very closely that I think, to some degree, was the United States Marine Corps, and he with the chairman of the Committee America’s presence. He was optimistic. wanted to make sure that every young on Rules, as did the chairman of the He was always ready to help. He be- man had that opportunity. He wanted Committee on International Relations, lieved very deeply in principle. I would to make sure that every young man the gentleman from New York (Mr. hope that is how other nations would registered with the draft and every GILMAN), who has already spoken in view the United States. educational institution which took its this Special Order this evening. I can recall waging battles side-by- freedom to teach from the legacy of the In fact, Jerry Solomon dedicated his side with Jerry and with my buddies, 619,000 Americans who have died in this entire career to advancing human free- the gentleman from Nebraska (Mr. BE- last century, Jerry wanted to make dom, and he deserves credit for advo- REUTER) and the gentleman from New sure that those educational institu- cating policies supporting freedom in York (Mr. GILMAN) in the 1980s, when tions, if they wanted to receive any Central America, in Eastern Europe, Ronald Reagan came in. And that was largess from the Federal Government, and Central Europe. Jerry would be the such a joy for Jerry Solomon, because would make sure that they allowed a last, however, to tell us, mission ac- he was such an ardent supporter of this draft registration and a presence of complished. If Jerry were still here, he guy who believed in peace through military recruiters on their campuses. would be doing what he did every day, strength, President Ronald Reagan. This was Jerry Solomon, the patriot. exhorting the rest of us to work as We fought what were known as the He believed that every American had a hard as we could, as hard as he worked, Contra wars, and those were the wars duty to serve his country, and as usual to rededicate ourselves just as this in which we came into an era at a time led by example by doing it himself. tireless Marine did to see the end of when most of our Central American Jerry, you have left us in a different communism in the People’s Republic of neighbors had military dictatorships of era, a new era, with new threats, new China, to see the end of communism in one type or another. And through put- challenges, new dangers, and some re- Vietnam, in North Korea and Cuba. ting a shield around those countries, in ceding dangers. I think if this country Jerry did not live to see Fidel Castro terms of the foreign intervention, the will follow that model of optimism, of brought to justice, and yet he was an attempt by the Russians, then the So- help for others who need help, of rug- unwavering voice against appeasing viet Union, to try to move into our ged individualism, and of peace the Castro dictatorship to his last day. hemisphere, and giving some leader- through strength, that is the American He did not live to see America’s victory ship to those nations with respect to idea that we only achieve peace and in the war on terrorism that we are democracy, we ended up with fragile maintain peace in this world by being fighting right now; and yet all of the democracies in all those nations, which militarily strong and thereby being work that he did in this Chamber has heretofore had had military dictator- able to protect ourselves, and help oth- prepared us to win this war because his ships and, to some degree, tragic his- ers, if we follow that Jerry Solomon work and his leadership ensured that tories. But we did that by extending model, even in this new dangerous our fighting men and women will have the strong hand of American leader- world that we live in, we will come out what they need to see us through to ship, and that was, I think, reflective okay. victory.

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.213 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7705 Jerry was an active and invaluable letters staring us in the face, always the view that people everywhere should member of the House Republican Pol- ready to stand up vociferously for what be able to live in liberty, a view to icy Committee during the entirety of he believed in when it came to our Na- which he dedicated much of his life. my chairmanship from 1994 to 1998 tion’s defense, for veterans, and his Jerry had many legislative victories when he retired. As chairman of the never-ending fight against com- and some defeats, just as we all do; but Policy Committee, I will forever treas- munism. he never gave in when it came to mat- ure the opportunity I had to work with Last week, upon learning of the pass- ters which he felt involved principles, him as one of the chief leaders in the ing of our former colleague, President whether human rights in China, the House of Representatives, the chair- Bush said ‘‘Jerry Solomon was a true desecration of our American flag, or man of the Committee on Rules. I will patriot who will always be remembered the support of family dairy farms and be forever grateful for his tremendous as true to his creed, duty, honor and small businesses. contributions to the committee and country.’’ The President’s words re- Jerry would not forgive me, of this Congress in time, advice, wisdom, mind us that as our military goes into course, if I failed to mention his love and policy. battle against those who perpetrated for and devotion to the United States Jerry was also a practitioner of bi- the atrocities of September 11, our Marine Corps in which he served for partisanship at its best. He was a lead- troops are now relying on advanced several years. My wife, Georgia, joins ing Republican in the Congress, but he weapon systems and technologies that with me in extending our heartfelt con- was also a leading Member of the Con- Jerry Solomon fought to obtain for dolences to Jerry’s beloved wife, Freda, gress who promoted comity in this in- them. and to their children, Susan, Daniel, stitution every day. He worked with As a Marine veteran, Jerry Solomon Robert, Linda and Jeffrey. Linda has our colleagues, the gentlewoman from was proud to be labeled a hawk on de- served on our Committee on Inter- fense, consistently arguing that our California (Ms. PELOSI) and the gen- national Relations. And to his brother, Nation had to stay prepared and strong tleman from California (Mr. LANTOS), Richard, and their grandchildren. in pursuit of human rights around the for the new challenges in the post-Cold While our words may not assuage world. It was typical of Jerry that he War world. Today we fully recognize their sense of loss, we hope that they his wisdom in that policy. commended his ideological opposite, can take some comfort in our recogni- In 1998, Jerry Solomon successfully Congressman Ron Dellums, admiring tion of the rich, fruitful life that Jerry helped us raise our program of rewards lived and the way the world embraced him for his sincerity and his principled for any information leading to the ar- his spirit. opposition to the Gulf War, even as rest of terrorists to $2 million, four Jerry fought to do everything possible Jerry, when you left Congress some 3 times the maximum reward at that years ago, we in the Congress and in for victory in that same war. time, and now we are considering a re- Jerry Solomon’s bipartisanship was New York State and all those across ward of $25 million. I know how strong- not the feckless kind that seeks to the Nation missed you. We missed your ly Jerry believed that the money would shouting at us from across the floor, muzzle debate. Jerry understood that be well spent if it helped to stop even ‘‘We need that vote. One more for the only when all sides of an issue get a one act of terrorism against our Na- full airing is there a possibility to Gipper.’’ tion. He was right. May God bless you, Patriot Jerry achieve true national consensus. Mr. Speaker, along with many of us Solomon. You leave behind many fond When America lost Jerry Solomon, who have served here in the Congress, memories, a loving family, your de- America lost a hero. We owe him an Jerry Solomon sought to make our Na- voted staff and friends who will long enormous debt. Thanks to Jerry, tion better more prosperous and more miss you. Semper fi, Jerry. America’s men and women are so well secure. Let me cite some of his many Mr. FROST. Mr. Speaker, I rise today to ex- prepared and so well equipped today accomplishments during his 20 years of press may sadness at the passing of our that I have no doubt when we achieve congressional service: the promotion of former colleague Jerry Solomon. Jerry was a victory on today’s war on terrorism, we the director of Veterans Administra- can say thank you, Mr. Chairman. I tion to a cabinet level office; the pas- dedicated and hard-working Member of Con- wish Jerry were here tonight so we sage of legislation to reduce illegal gress, a loyal former Marine, a true fiscal con- could say personally what we all feel in drug use and to fight drug dealers; the servative, and he was my friend. I rise today our hearts. Mr. Chairman, we miss you. reform of the rules of the House; the to express my most sincere condolences to Mr. GILMAN. Mr. Speaker, I thank passage of legislation linking Federal Freda Solomon, a lovely and gentle lady with the gentleman from California (Mr. student aid to registration in selective whom I spent many pleasant hours, and to COX) for his eloquent words. service; his chairmanship of our House their children and grandchildren. Jerry always Mr. Speaker, first I want to thank all task force on prisoners of war and worked too hard, but I have to believe that he of my colleagues who participated in missing in action; his passage of legis- always did so because he believed so pas- this tribute to one of our great heroes, lation to compel reform at the United sionately in this Nation and wanted to make Jerry Solomon. Nations; creating the Saratoga Na- sure that its ideals and goodness were pre- Mr. Speaker, in the House, in the tional Veterans Cemetery, where he served and protected for his family, for mine, Senate, in Washington, in New York has recently been buried; representa- as well as for every other American family. State and overseas, many of us were tion of the House in the political arm Jerry also believed passionately that ideals deeply saddened to learn late last week of the NATO Alliance for some 18 years embodied in the democratic form of govern- of the loss of our former colleague, where he served with the gentleman ment we practice in the United States were Jerry Solomon. In New York State’s from Nebraska (Mr. BEREUTER). worthy of export. Given his long-term commit- capital, in Albany, Jerry was an assem- Today in honoring Jerry, the gen- ment to the protection of freedom through his blyman noted for his energy, deter- tleman from Nebraska (Mr. BEREUTER) active participation in the North Atlantic As- mination and his commitment. It was, and I introduced in our Committee on sembly, it was natural that he be given the therefore, no surprise to those of us International Relations, as the gen- role of ranking Republican Member when who knew him when he subsequently tleman indicated, and it was the com- former Speaker Foley created the Special brought those same characteristic mittee on which Jerry served for many Task Force on the Development of Parliamen- traits to bear as a Member of Congress years, we introduced and adopted a tary Institutions in Eastern Europe shortly after and as a distinguished chairman of the measure, The Gerald B.H. Solomon the demise of communist governments in Po- Committee on Rules. Freedom Consolidation Act, which pro- land, Hungary, and Czechoslovakia in 1989 Jerry came to the House in January motes the continuing enlargement of and 1990. Jerry worked closely with me during 1979 serving here for 2 decades, dili- NATO; and that measure will soon be the four years I had the honor to chair the gently and meritoriously representing brought to the floor. Task Force, and in 1995 and 1996 carried on his constituents in the 22nd Congres- In 1998, Jerry authored a book enti- the work we had started. He took a keen inter- sional District in upstate New York. tled ‘‘The NATO Enlargement Debate: est in our work and saw, quite correctly, that He came to the floor of the House plac- 1990–1997: The Blessings of Liberty.’’ the United States Congress could play an ex- ing his large accordion Solomon folder, His allusions to our own Constitu- ceptionally valuable role in the development of placing it on a desk with those large tion’s preamble was meant to convey new parliaments in countries that had, for 50

VerDate 13-OCT-2001 00:24 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00075 Fmt 7634 Sfmt 9920 E:\CR\FM\K01NO7.215 pfrm02 PsN: H01PT2 H7706 CONGRESSIONAL RECORD — HOUSE November 1, 2001 years, lived behind the Iron Curtain. I will al- heart and memory. Rather than mourn our a member of Congress, he was an unrelenting ways be grateful for his help, his suggestions, loss let us be glad he lived and we knew him. defender of the American flag—the symbol of and his counsel during the years we worked My deepest sympathy to his wife and his our nation that has engendered so much unity on that project. It was a truly bipartisan effort, family—especially his daughter Linda. and pride in these trying times. in fact, it was an American effort. We did Ms. HARMAN. Mr. Speaker, I join my col- I remember Chairman Solomon fondly for so something valuable, and it did not matter that leagues in paying tribute to our late colleague, many things, perhaps best of all because he Jerry and I rarely agreed on much in the legis- Gerald Solomon. shared my passion for adoption. He was dedi- lative arena. We knew we were doing some- Jerry was a very special individual, Rep- cated to helping children find permanent, lov- thing special and we knew we were doing resentative and friend. Others have described ing homes. In fact, he was invaluable in aiding something for the good of our families, and for his reputation as ‘‘the pit bull of the House.’’ two of my constituents in their fight to keep the families of the world. I want to describe how encouraging and war, their adopted children. I know that they re- Jerry did work too hard. He was probably he was under that rough exterior. member him as I do—as an advocate for fami- born to work too hard, but he was also born As chairman of the Rules Committee, Jerry lies. to be a Marine. He was so proud of his serv- had enormous influence as gatekeeper of the Here in the House, we remember Chairman ice to his country in uniform and that pride kinds and number of amendments that could Solomon for his service to our country. He never left him. We saw it every day in his ram- be entertained on the House floor. was also a husband, a father, and our friend. rod straight Marine posture, in his dedication Many a time, I testified before him and the He will be missed. to the men and women who served before Committee—pleading the merits of the amend- Mr. BILIRAKIS. Mr. Speaker, I would like to and who serve today, and in his dedication to ment I wanted to offer to some bill. take this opportunity to pay tribute to my his country. It is fitting that he has been laid I particularly remember the repeated ap- former colleague and friend, Representative to rest in the Saratoga National Cemetery, pearances that Bill Brewster, Mike Crapo and Gerald Solomon, and express my deep sorrow since he was instrumental in its establishment. I made to the Committee to pitch the impor- for the recent loss of this great American. And so, Mr. Speaker, I extend my condo- tance of our ‘‘deficit reduction lock box’’ Jerry Solomon faithfully represented the lences to Freda and to his children and grand- amendment. Our amendment would designate constituents of New York’s Twenty-Second children. They should be proud of him and all and ‘‘lock’’ all savings from amendments cut- Congressional District for 20 years. First elect- he did in service to his Nation, to the flag, and ting spending to deficit reduction. ed in 1978, Jerry distinguished himself as a to his family. He was the true embodiment of On every appropriation bill, we asked that champion of conservative values in the House Semper Fi. our amendment be made in order. of Representatives. For years he fought for Mr. HYDE. Mr. Speaker, it is with a sense In all cases, Jerry was attentive—even after smaller and more accountable government, of profound sadness and a touch of nostalgia I starting sporting a ‘‘where’s the money’’ but- opposing policies which would threaten liberty. and deep admiration that I take the floor today ton on my lapel and when it was clear from Jerry was never afraid to speak his mind to speak about a man who served his country the outset that our amendment would not be and take strongly held positions on important and this House with vigor distinction. Jerry made in order. issues. He vehemently opposed the North Solomon was a man who took the concept of Each time we testified, Jerry was encour- American Free Trade Agreement (NAFTA) service to country to its highest plan. He was aging of our efforts and supportive of the goal and favored an end to China’s most favored deeply committed to keeping America the bas- of our amendment—even as he and his Com- nation trade status. He argued for creation of tion of democracy which the founding fathers mittee denied the waivers necessary for us to the line-item veto, defended constitutional envisioned. offer it. rights, and chastised young people who ig- As anyone who met Jerry knows, he served He loved my moniker—‘‘mother of the nored their responsibilities. Whether or not you proudly, and with great honor in the United lockbox.’’ We chuckled that it had many fa- always agreed with his position on the issues, States Marines. Semper Fi was more than just thers, but only one mother. you always had to admire the boldness which a slogan to Jerry. He took those words to be In fact, Jerry understood the importance of his code of conduct both in the Marines and characterized his commitment to the causes in the fiscal discipline we were proposing and I later as a Member of the House. It was a true which he believed. think he winked many times as a way to en- As a former Marine and Korean War vet- badge of dignity and commitment for him. When Jerry was elected to Congress, he courage us—even though the act of denying eran, Jerry served the interests of our Armed was exultant in having found another way to us the opportunity to offer the amendment em- Forces and veterans as a member of the serve his country. While he was dedicated to barrassed him and other fiscal watchdogs in House Veterans’ Affairs Committee. As the the constituents who so wisely chose to send his party. ranking Republican on the Committee in the him to Congress, he was ever mindful of the In time, of course, and with behind-the- 1980s, Jerry helped pass the 1984 G.I. Bill of responsibilities he bore as a United States scences help, the deficit reduction lockbox Rights, an important tool which served to in- Congressman. He realized that every vote he amendment was indeed made in order to one crease veterans’ benefits and attract quality made, and every action he took, affected the appropriation bill. And the House also consid- recruits to the military. I was honored to serve nation as a whole. While some Members find ered the lockbox as a separate bill. The author with Jerry on this Committee during my first this responsibility to be a heavy burden, Jerry of that bill was Jerry Solomon himself. terms in Congress. relished in having the opportunity to do things Even after he left Congress, Jerry continued Many would argue that Jerry’s greatest to make America a better place to live and to great the ‘‘mother of the lockbox’’ with a achievement in Congress was his ascension work and a stronger example of the glories of hearty laugh, a twinkle in his eye, and words to Chairman of the House Rules Committee. our democracy. of encouragement. While he certainly served this body, the legis- When he became chairman of the Com- We will miss you Jerry. lative process, and our country well in this po- mittee on Rules, Jerry’s responsibilities ex- Ms. PRYCE of Ohio. Mr. Speaker, I rise sition, I would maintain that his greatest panded. He was clearly up to the task. He today to honor our friend and colleague from achievement was the dedication with which he took this extra assignment knowing how im- Glens Falls, New York, Gerald Solomon. served his constituents for two decades. portant it would be, but also well aware of the I had the honor to serve with Chairman Sol- Mr. Speaker, it is with great sadness that I enhanced burden it would carry. Jerry man- omon on the Rules Committee. He was a offer my most heartfelt sympathy to the Sol- aged to walk the tightrope of being a fair and strong leader for our committee who stood omon family. For while America has lost a equitable chairman, and still keeping the mis- firmly on his policy beliefs and was respected great man, they have lost a great husband, fa- sion of the majority in mind. He was a key for it. He was unyielding and passionate on ther, grandfather, brother, and uncle. member of leadership, and used that position the important issues. I can tell you, there were May his memory be eternal! to continue his never ending quest for a better many times that I was glad to have him in my Mr. WOLF. Thank you, Mr. Speaker. I ap- America. corner. preciate the opportunity to participate this The House has lost a tremendous asset, I During his twenty years of service in the evening in a special order to remember Jerry have a lost friend, and this nation has lost a House, Chairman Solomon was a tireless ad- Solomon. We were all saddened to learn of great patriot. How comforting it would be in vocate for the people of the 22nd district of his passing last weekend and extend to his these times of national stress to have Jerry New York. He was a true and dedicated public wife Freda and his children and grandchildren here to lead and inspire us in all the chal- servant—in every best sense, a patriot. our deepest sympathy. lenges ahead. He served in the United States Marine Jerry was a friend and colleague. I had the When someone you love dies, he is no Corps and exemplified its true spirit. He was privilege of serving with him for 18 years until longer where he was—he is with you, in your always faithful to the corps and his country. As he retired from the House in 1998. I also had

VerDate 13-OCT-2001 00:24 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00076 Fmt 7634 Sfmt 9920 E:\CR\FM\A01NO7.115 pfrm02 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7707 the honor of working with him on several left Congress have I thought ‘‘where’s Sol- vodka was consumed that day celebrating the major issues over the years. We both had se- omon when you need him?’’ When confronted American presence that it didn’t matter what rious reservations about the nature of U.S. re- with issues of the day, especially now when plane we flew on. Jerry got the job done. lations with the People’s Republic of China patriotism is so much in the forefront. The dis- Jerry’s energy was legendary, he never saw (PRC). play of our flag these days is just what he a hill he didn’t charge; some say he made hills In fact, in the mid-1980’s, Jerry Solomon in- loved. where none existed just so he could charge troduced legislation prohibiting the export of I am reminded of Jerry daily—or at least up them. To Freda and family go our love and U.S.-built satellites to the PRC. He argued that whenever the Rules Committee meets (so per- support and the certain knowledge that Jerry exporting these satellites to China would place haps I should say nightly given our recent rests comfortably atop the Lord’s hill now. at risk our most sensitive military technology. schedule) because his portrait in the com- b 2200 Ten years later we knew Jerry was right. The mittee room is positioned so he looks right Chinese were stealing this satellite and missile over my shoulder—so close, he could whisper GENERAL LEAVE technology and had used it to upgrade their in my ear, which I am sure he will. Mr. GILMAN. Mr. Speaker, I ask ICBMs. Jerry left his marks of fairness and dyna- unanimous consent that all Members Needless to say, Jerry was a very effective mism and good spirit on the committee—they may have 5 legislative days within legislator. Dozens of important laws are on the last today under David Dreier’s able leader- which to revise and extend their re- books which are authored by Jerry Solomon. ship. Jerry wasn’t perfect. He failed to con- marks on this special order. Laws aimed to helping the American family by vince me that milk marketing orders were a The SPEAKER pro tempore (Mr. encouraging young people not to get involved good thing. He never could get David Dreier to PUTNAM). Is there objection to the re- with illegal drugs, the law which elevated the agree to his views on trade. But, he ran a tight quest of the gentleman from New Veterans Administration to a cabinet level de- ship, even had his own phraseology, designed York? partment, and the Solomon Amendment, de- to save words and make the point. ‘‘step out There was no objection. nying student aid to people who refuse to reg- side,’’ and ‘‘taking you out to the woodshed’’ f ister with the Selective Service. The list goes are phrases that had meaning when Jerry UNITED STATES INCREASING DE- on and on. spoke. PENDENCY ON IMPORTED PE- A few weeks ago I visited the operations The Washington Post this week labeled him TROLEUM center for the FBI and on the wall was a large a ‘‘blunt conservative,’’ A more politically cor- wanted poster for Osama bin Laden, offering rect paper would have used ‘‘straight-talking The SPEAKER pro tempore. Under a reward of $5 million for information leading patriot.’’ Political correctness was not his way the Speaker’s announced policy of Jan- to his arrest. It was Jerry Solomon who put but Honest-to-God concern for people and his uary 3, 2001, the gentlewoman from the terrorist reward law on the books. country were. Ohio (Ms. KAPTUR) is recognized for 60 When we look at what this country is facing Many of us here today traveled with Jerry minutes as the designee of the minor- today we are hard pressed not to think of and Freda to far off places—some places I’d ity leader. Jerry. A few years back some people thought barely heard of—to serve our Nation’s Inter- Ms. KAPTUR. Mr. Speaker, as we Jerry Solomon was a throwback to some other est. Somehow it just doesn’t seem normal to complete our commemoration this time because he was so patriotic. Not today. get on a Codel plane without having Jerry and evening of our dear colleague Congress- He loved America and as a Marine would Freda leading the way. Early on, I found out man Jerry Solomon of New York, I am have died for his country. that Jerry had discovered the best maple ice reminded that his patriotism and his Jerry sponsored legislation to prohibit the cream is found in Gander, Newfoundland. It devotion to duty inspired us all, and as desecration of the American flag. It is a sym- was never a surprise to find ourselves on a we confront this latest test of Amer- bol of what unites us as a people and what is plane that needed to refuel in Gander. He ica’s will and position in the world and best about America. Who can forget the fire- really loved that maple ice cream. what is just for all people, I am re- men in New York raising that flag at Ground My favorite recollection dealing with Euro- minded of a book that I have been re- Zero, the crater where the World Trade Center pean Parliamentarians—which we did a lot— reading called Sacred Rage that puts in once towered in tandem over the city. occurred one otherwise quite Sunday mid-win- context some of the forces that are In Jerry’s Capitol Hill office there were ter morning in Brussels. A certain self-approv- arrayed against the United States and shelves covered with firemen’s helmets from ing Euro-speaker took some serious liberties our interests now and the entire issue many of the small towns in his upstate New describing U.S. foreign policy to belittle our of terrorism and its roots. York district. He respected and honored our country at a fairly high level gathering of influ- In that book by Robin Wright, much firemen. Today, everyone appreciates them. ential parliamentarians. Without a note, Jerry is discussed, including some of the reli- Jerry always honored and respected our po- instantly stood up, delivered a magnificent, gious fervor that has been promoted lice, our veterans and our men and women in passionate oration tracking in some detail and directed against the people of the uniform. Jerry had a real appreciation for how American sacrifice and contribution to Europe United States, some of the hatred of difficult and important their work is. Today all from WWI to the Cold War. It was so stun- U.S. policies in the Middle East that Americans appreciate them. ningly effective that our European colleagues are at the basis of some of the antip- Jerry Solomon wore an American flag lapel were literally ‘‘speechless’’—a condition in athy toward our country and our peo- pin every day for the 20 years he served as which European parliamentarians have not ple, but also the economic a Member of Congress. Today we all wear found themselves before or since. underpinnings of the unrest in the Mid- them. On another occasion in Bucharest, I dle East and Central Asia and how di- Jerry Solomon was a true patriot and a watched Jerry take on Mr. Zhirinovski—a one- rectly it is tied to petroleum and oil. good friend. He embodied his Marine Corps time Russian presidential candidate—who was This evening I am going to spend a motto—semper fidelis—‘‘always faithful.’’ I will making particularly obnoxious remarks about little bit of time talking about that be- miss him. the United States without cause. Jerry made cause, as the American people under- Mr. GOSS. I am submitting my speech that short work of him as he did of anyone show- stand better some of the underpinnings I gave, Mr. Speaker, at the Honorable Gerald ing disrespect to our country. of the terror, we can get a clearer sense Solomon’s funeral. Jerry always got the job done—somehow. of new directions to set in order to Were I a fully finished disciple of Jerry Sol- One day in the Ukraine, our delegation was build a more peaceful world for the fu- omon I would now set out right here on the offered a visit to Sevastopol, Russia Fleet ture. lectern a big accordion file with ‘‘Solomon’’ Headquarters on the Black Sea. This had This evening I wanted to talk about written boldly across the front—this was his been an ‘‘off-limits’’ area—so we were eager the United States’ increasing depend- hallmark. The funny thing is—he didn’t need to go, but the Ukrainians were adamant we ency on imported fuel and petroleum, it—everyone knew when Jerry was in the must go on their plane (a well used Russian and I have two charts here that de- room. It will be easy to remember Jerry—so model) rather than our own Codel plane. Jerry scribe it very clearly. active, so involved in so many things. He dutifully took a vote of the delegation—which This is a chart dating back to the touched so many lives—family, colleagues, was unanimous—to go only if we could use mid-1980s and each year showing an in- marines, veterans, the people of the 22nd dis- our plane. Jerry ‘‘fixed it.’’ We arrived at the crease in the amount of imported oil trict and so many others. It will be very hard airport dawn the next day—got on the Ukrain- that comes into our country, and in not to miss him. How many times since Jerry ian plane and flew to Sevastopol. So much spite of conservation efforts, in spite of

VerDate 13-OCT-2001 00:42 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.120 pfrm02 PsN: H01PT2 H7708 CONGRESSIONAL RECORD — HOUSE November 1, 2001 other things that we have done, more The United States Department of En- In addition to those kind of efforts, I miles per gallons and so forth, we have ergy itself has warned us that depend- have introduced other legislation that become more and more dependent on ence on foreign oil has cost our econ- will deal with America’s long-term en- imports of petroleum to drive this omy deeply. Price manipulation, if you ergy dependence. One piece of legisla- economy. think about it, by the OPEC cartel tion would expand and rename what we We imported 1.2 billion barrels of oil from 1979 to 1991 cost our economy over call the Strategic Petroleum Reserve in 1982, but last year, 3.3 billion bar- $4 trillion. One of the earlier speakers and rename it the Strategic Fuels Re- rels, and so we have nearly tripled in this evening talked about September serve to allow that reserve to also ac- the last 20 years our dependency on im- 11, and in some places in our country cess ethanol and biodiesel, not just ported petroleum. Serious work on al- the price per gallon going up to over $4 crude oil and petroleum. The biofuels ternative fuels has been largely ig- a gallon. Think about the price manip- initiative would authorize the Sec- nored, while billions of dollars in tax ulation that my colleagues might have retary of Agriculture to provide loans subsidies and profits have accrued to seen in their own communities, in their for production distribution, develop- the oil industry. own towns and think about all those ment and storage of biofuels beyond The second chart that I have gives a dollars and how much wiser it would the Strategic Petroleum Reserve. sense of our entire petroleum usage in have been had we invested those here These fuels provide the American this country, which is the red set of at home in domestic production. farmer with new market opportunities, bars here, and this is just the last dec- America’s foreign policy, particu- and their mass production could pro- ade from 1992 to the present showing larly in the Middle East, has been vide the rural areas of this Nation with that the number has been rising slow- heavily influenced by the extraction the economic infusion of jobs and in- ly, the usage has been rising slowly in and removal of oil, and in fact, oil has vestment that has been dreamed about total petroleum consumption, but the become a distorting proxy for our for- but has not occurred for generations. yellow bar underneath shows how eign policy. It clouds it. It creates a With a bill that has been introduced in much is imported of that total, and my situation where we cannot see politi- the other body by Senator RICHARD colleagues can see that our total con- cally clearly enough in that region of LUGAR of Indiana, it is my great hope sumption is going up but the amount of the world. We ought to remove it as a that for the first time we can look at imported fuel is going up as a larger proxy for our foreign policy, and we this biofuels initiative and make it a share of that. In each single year of the ought to make a commitment to do it. central pillar in new agriculture legis- 1990s and last year, it has gone up to Becoming energy self-sufficient here lation that will clear this year for our now almost half of total usage in this at home makes global economic sense, great Nation. country, and over half of what is im- too, because over the next 15 years the If you think about commodity crises ported comes from the Middle East. world oil reserves will begin dimin- and their levels today, it is clear that Last year, the United States im- ishing. They have reached their peak in more can and should be done to utilize ported more than 3.3 billion barrels of terms of availability on the face of the those domestic surpluses to produce crude oil, and our largest supplier, globe, and prices will rise even higher new fuels for this economy. Economic Saudi Arabia, actually sold us over 557 with each barrel pumped. There is no security is provided by the increased million barrels. America’s addiction to more opportune time for our Nation to utilization of renewable biofuels and imported oil threatens our freedom of get serious. would provide significant economic action. It saps the lifeblood from our Putting America on a sound energy benefits. economy, and truly, it distorts our for- footing will require national leader- According to our own Department of eign policy goals. ship, and it will require the active in- Agriculture, a sustained annual mar- What an irony of modern history that volvement of our Federal Government ket of 100 million gallons of just bio- while our country’s bombs fall on and our State governments. The goal diesel would result in a $170 million in- Iraq’s no fly zone, our Nation continues should be to make each State in our crease in income to farmers, and that to purchase an estimated $15 billion Union energy independent to the great- is a very small increase. worth of Iraqi crude annually. That is est extent possible and eliminate Fed- Ethanol, biodiesel and other alter- really something to think about. eral requirements that discourage al- native fuels also provide us with envi- America’s addiction to imported oil ternative fuels. ronmental security. Biodiesel contains threatens our freedom of action with- If you look at our defense budget, no sulfur or aromatics associated with out question. A couple of decades ago just the cost of maintaining the oil air pollution, and the use of biodiesel when President Jimmy Carter warned supply lines from the Middle East at a provides a 78.5 percent reduction in about America’s growing energy de- minimum costs us over $50 billion a carbon dioxide emissions compared to pendence on the outside world, our Na- year, $50 billion a year. That has to do petroleum diesel, and when burned in a tion responded by creating the Depart- with military emplacements that have conventional engine, provides substan- ment of Energy with the goal of put- been stationed in that part of the tial reduction in unburned hydro- ting America on a course to be more world, ships that patrol, planes that carbons, carbon monoxide and particu- self-sufficient. fly, et cetera. Imagine if we could be late matter. Conservation saved millions of bar- investing that kind of money here at For too long we have been uncreative rels per day, and more fuel efficient home to make ourselves energy self- and cynical about the opportunities cars stemmed the growing usage of oil, sufficient. that alternative energy sources provide but truly, Americans were never really The State of Minnesota, and I just re- us. Some day, not so far from now, the committed to being energy inde- turned from there, is leading the way oil reserves will be tapped dry. Alter- pendent, and we fell asleep as to the in new ethanol producing plants that native energy sources like ethanol, bio- risks, again as these charts attest. We are also creating new value added for diesel, solar energy, wind power, geo- are more dependent now on imported our depressed world countryside. The thermal, fuel cells, clean coal and hy- oil than at any time in our history. Federal Government really needs to brids will provide us with new opportu- Half the oil, as I mentioned, that we take a look at Minnesota, and every nities to become more energy inde- consume is imported, and half of that other governor should take a look at pendent and to determine our own des- comes from OPEC, from the OPEC car- Minnesota. They are doing so much to tiny, not be forced to shape the foreign tel. We spend $86 billion on our oil encourage the use of renewable fuels, policy and economic domestic policy of habit every year, and in the meantime, and I sort of felt as I went through this Nation based on imported petro- those dollars are foregone for domestic Minnesota and I looked at these var- leum. investment opportunities in alter- ious farmer co-ops that were producing I have been active on this issue for native fuels for America’s independ- this ethanol, I thought I was seeing a quite a while. Last year, as I men- ence such as biodiesel, ethanol, clean modern day incarnation of Benjamin tioned, during the appropriations com- coal, the range of alternatives that ex- Franklin or Thomas Edison. They are mittee markup, we had an amendment ists if we but had the will to apply tinkering around and finding an answer which would have increased the appro- them. and applying it in that great State. priated amount for renewable energy

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.217 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7709 programs by $106 million. It failed in propped up by the dollars that come dian legislators had expressed concerns committee, but an amendment I co- from inside this economy. Now, we can- that the slowdowns at our borders, sponsored with former Congressman not cut them off tomorrow, it would much like on the Mexican border, were Matt Salmon increased that funding by create a terribly disruptive situation in impacting commerce. an additional $40 million. that part of the world. But it is high We have become so interconnected in We just have to be vigilant, and if time that the United States thought all of our border states, particularly one looks at the Strategic Petroleum very hard about how it is going to live you think of California and Texas, but Reserve, which I referenced a little bit up to the promise of our founders, and in the Midwest, Michigan, as well as earlier in my remarks tonight, if we that is our own new Declaration of my home State of Indiana, Ohio, Illi- think about that reserve, it should Independence, recognizing how our nois, New York State and all of New hold about 700 million barrels of crude. independence is being subscribed by England, are very interconnected with It only has 545 million barrels today, forces that perhaps because of inertia the Canadian trade. We have gained al- sufficient to push the United States we have let overwhelm us, but now, most as many jobs in our trade with from wild price swings for a period of particularly at this time in our his- Canada as we have lost to Mexico in In- approximately 53 days. None of the fuel tory, to be wise enough and to have diana, and in Texas they have gained in that reserve is biobased. In fact, 92 enough foresight and enough deter- from Mexico, but lost some to Canada. percent of the Strategic Petroleum Re- mination to wean ourselves off of this That is what the North American Free serve has been purchased from foreign dangerous dependence on imported pe- Trade Agreement was originally con- sources; 41.9 percent from Mexico; 24 troleum. ceived to do, and ironically seems to in percent from the United Kingdom; and To think that we have major mili- a way that many of us were skeptical over a fifth from the Middle East, the tary presence in the Middle East, not about, be working, but only if our bor- OPEC-producing Nations. because of Enduring Freedom, that has ders work. The Strategic Petroleum Reserve come on recently, but major military At the same time, I as cochair with should also include the development of presence to patrol those oil lanes and Susan Whalen of the House side of the alternatives to our Nation’s reliance on to make sure that that product gets to Transborder Sub Group in our Cana- petroleum. our shores, should cause every single dian Parliamentary Conference, as I pointed out, we are not going to back b 2215 American to think very hard. What does that mean to our children’s fu- off on our drug war, we are not going to Every single part of our government ture? What does it mean to the inde- back off on illegal immigration be- should be asking the question, how can pendence of this country? cause of the trade thing. we move America toward a more inde- Think about the fact that $50 billion We have to figure out how we can pendent future? How can we make our to $100 billion of taxes paid every year have adequate means to move com- economy more secure in the years by the people of this country go di- merce and the people moving across ahead? rectly into our defense budget to sup- the border and still protect our bor- This is a primary source of insta- port the petroleum industry, which is ders. That was long before September bility. Since the economically dam- largely now every year more and more 11. We had agreed to hold a number of aging Arab oil embargoes of 1973 and an imported product into this market. hearings on the border. After talking 1974 and 1979, to the current recession Would it not be wiser to spend those with the gentleman from Arizona (Mr. which was precipitated by rising oil dollars here at home, using our inge- KOLBE) and the gentleman from North prices that began in 1999, the economic nuity, using our promise, using our Carolina (Mr. BALLENGER) and those in stability of the United States has too hopes for a better future, and investing the U.S.-Mexico Parliamentary Ex- often in modern history been shaken every single dime here at home where change as well, we decided to do some by economic forces outside our borders. it would create ripple effects into our on the south border. How long is it going to take us to wise economy and cut our very dangerous At this point, we are at least going to up? dependence on imported petroleum? do the Detroit-Windsor corridor, the Legislation here should shift our de- Mr. Speaker, I want to thank those Buffalo-Toronto corridor, the Seattle- pendence away from foreign petroleum who have listened this evening. I think Vancouver in the north, as well as the as our primary energy source to alter- that this is absolutely the most impor- New York-Montreal, Boston-Montreal native renewable domestic fuels. Cur- tant economic issue that faces us as we corridors, and on the Mexican border, rently the United States annually con- try to move toward peace and resolu- the California crossings, Nogales to El sumes about 164 billion gallons of vehi- tion of the very serious threat that is Paso-Juarez and the Monterey zone. cle fuels and 5.6 billion gallons of heat- facing our country from the Middle To get a picture of what is happening ing oil. In 2000, 52.9 percent of these East. But unless one understands this on our borders, our first hearings were fuels were imported. That means every piece of the equation, one will never be held this past weekend at Highgate time you go to the gas station and you able to understand how to lead us to a Springs in Vermont, which is the I–89 fill your tank with gasoline, half of more secure and independent future. corridor where Montreal, Quebec City what you pay goes offshore to one of f come down and into Boston and New those oil cartel interests. Does that England, and at Champlain, New York, make you feel good? Would you not BORDER, DRUG AND ANTI- on Monday morning on the I–87 cor- rather be investing those dollars in TERRORIST POLICIES ridor where Montreal comes down to this country? The SPEAKER pro tempore (Mr. New York City. Since 1983, the United States impor- PUTNAM). Under the Speaker’s an- We also visited the border control re- tation of petroleum and its derivatives nounced policy of January 3, 2001, the gional command center. Twenty-four has nearly tripled, rising from 1.25 bil- gentleman from Indiana (Mr. SOUDER) states are coordinated out of Bur- lion barrels in 1983 to a level of 3.3 bil- is recognized for 60 minutes. lington, Vermont, the U.S. Coast lion barrels in the Year 2000. Mr. SOUDER. Mr. Speaker, tonight I Guard Center on Lake Champlain, and If we think about the benefits of con- would like to focus on our border poli- the southern border crossing between tinued development and utilization of cies and drug and anti-terrorism poli- I–89 and I–87. ethanol and biodiesel, they involve en- cies and want to share a number of The first zone highlights from these ergy security for our country, eco- things that we have been working on, first hearings highlighted certain nomic security based on independence and hope to continue to do this as we things that are likely to be repeated as that we grow and process here at home, are in session the rest of this year. we do other hearings. One, there is in- and environmental security. First, I want to begin with a series of sufficient staffing for customs, INS and In terms of the Middle East and the hearings that we are working with on Border Patrol. Two, the current staff is situation we are now facing with En- the north and south borders. The ac- working overtime and having vacation during Freedom, there is absolutely no tual conception for this idea came out leave canceled, which is exhausting question that every single one of those of the U.S.-Canada Parliamentary Con- them and also reaching the overtime Gulf oil states, their economies are ference last May. Some of the Cana- limits in some cases. You can do that

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.219 pfrm01 PsN: H01PT2 H7710 CONGRESSIONAL RECORD — HOUSE November 1, 2001 for a short period, but not for 10 years, Then if you look at it from the perspec- Montreal. He crossed clear across Can- if we are in a long-term war with ter- tive of border security, Winnipeg, ada and tried to slip in through a ferry rorists. Three, because of the pay grade International Falls, as well as Thunder boat to Port Angeles, Washington, and benefit restrictions, many INS Bay and Grand Portage at the top of coming across the water, in the Straits agents are leaving the agency. Four, Minnesota flows down toward Min- of Juan de Fuca. few receive language bonuses, some neapolis-St. Paul, going toward Chi- This is not easy, and those who think even who are bilingual. cago. You also have the Edmonton and we can easily seal the border are mak- We have a different kind of problem. Calgary areas in Alberta that come ing a serious mistake. But it is not to We have looked at this in different across all that open space in Montana, say it is impossible. ways, but the State Department test and then Maine and North Dakota. Let me get into some of the specific difficulty, which is one of the ways we On the southern border with Mexico, challenges at the border hearings we give language bonuses, is probably too you have San Diego-Tijuana moving had this week. At Highgate, Vermont, stiff for what we need for conversa- east all the way to Yuma. Then you they have new facilities but not enough tional language at the border. Thus, we have a sector of where Tucson and personnel to staff them. So they were had one case of a person I talked to, be- Nogales moving through New Mexico looking at our backups on a Sunday cause with Quebec there at that north- towards El Paso-Juarez, and then an- night, even though there are estimates ern border, French becomes critical. other heavily crossed area that feeds ranging of commerce being down ap- Yet at the same time one person who into Monterey and the zone where so proximately 30 percent right now. The grew up in Quebec, whose first lan- many American industries have lo- question is if we continue to tighten guage was French, could not pass the cated across the Mexico border, cross- the boarders, particularly if we have State Department test. ing at Laredo, McAllen and Browns- any other terrorist incidents, and the This leads us to the question of we ville. terrorists are not American citizens, are not even sure whether our govern- You have one gap running from El they are people who are coming in from ment employees, including maybe Paso down to Laredo where Eagle Pass outside. Members of Congress, could pass the is that is a kind of a no-man’s zone, State Department English test, be- and no major highways connecting, and b 2230 cause it is testing things beyond con- a lot of Desert, but has also been a versational level. What we really need pressing point. Furthermore, we have this Quebec at the boarders are conversational So when you say your goal is to seal Gold BC Bud marijuana as well as Ec- level, to be able to identify things and the border, it is not that easy when you stasy and methamphetamines heading certain key phrases, like, for example, look at the total number of mileage. In to New York and Boston through these anthrax. So we have fewer people tak- this description that I just gave you, it border crossings, they are not things ing language training where we actu- is not just that, it is the airports and it that come from inside the United ally need it because of this difficulty. is the water. We have major customs States. And this Quebec Gold and BC For example, in this north zone, and facilities obviously watching the Gulf Bud is selling in many places higher I am going to point out later it is im- of Mexico, the entire East Coast of the than cocaine, it is not marijuana, it is portant because Montreal has been a United States, as well as the West much more potent than traditional center for a lot of these terrorists to Coast of the United States, all of the marijuana, and is as dangerous as co- move around at different border cross- airports. caine. ings and different ways in the United Let me give you an example as I al- So if we are going to seal these bor- States, we do not have anybody in the luded to earlier. In the specific cross- ders, at least to some degree and keep entire zone who can speak Farsi. We ings we worked in Vermont and New the commerce going, we have to have only have one at a regional head- York, you have a crossing at I–87 that enough personnel to open more lanes. quarters who can understand Arabic. is the Maine corridor. Then you have a We cannot simultaneously say that we For that matter, you could conceivably little bit of land and water from Lake want commerce to work, we want more have anthrax or illegal narcotics sit- Champlain. Then you have a small sta- American jobs, we do not want to de- ting in your front seat and as long as it tion that up until we went on high press our economy; and, by the way, we is in a language that the Border Patrol alert only had one person there and do not want terrorists, illegal drugs or the INS agent cannot read, theoreti- was only open for part of a day. Then and illegal products in the United cally it could get through. We need to you have more Lake Champlain. Then States and immigration problems; we have more language understanding, you have a crossing at I–89 that is a want the border secure, without saying certainly like Spanish on the southern major crossing. And then a whole se- then we are going to put sufficient peo- border, or French on some of our bor- ries of small crossings, some of which ple to keep all the lanes open where we ders as well. are unmanned and some of which have have built the facilities and able to do Also infrastructure needs are signifi- one person and now have a little bit that. Now, at Champlain, they still cant, but they differ by station. Trade more pressure on them. need more personnel, but they have we also learned is the lifeblood of the You look and say, boy, that water in more personnel; their backups were border communities, and it is down and there, I wonder if somebody could move less, substantially less, but their traf- it is going far beyond just the border through the water? Or think of the St. fic is way down as well. The question is communities. Lawrence River and the area called what will happen when the traffic picks Let me step back for a minute and 10,000 Islands. Or at the Great Lakes, up, but there they do not have the fa- look at the border perspective in a big- anybody who has crossed at Souix St. cilities. There the trucks were backing ger way. The U.S. customs has, along Marie, you see Manitoulin Island in up and they need a new truck facility with INS, border crossings from basi- there and the crossing from Manitoulin to be able to process the trucks. At cally Seattle or the Blaine crossing, all Island and jumping over to some of the Highgate they have new equipment the way up to the northeast corner of northern Michigan places is basically a coming in for scanning and they are Maine. There are hundreds of crossings. row boat. making some progress with that as In addition, some of those run along Similarly, in Puget Sound, anybody well at Champlain, but those are im- water, such as the St. Lawrence River from the Northwest can understand portant things, because in the trucks is or Lake Champlain or Puget Sound. that there are lots of islands there. a great place to stick illegal narcotics. Some of them have natural barriers, And if you have any doubt that we are They find them in the axles, they find and some of them are just woods or vulnerable there, remember had it not them in tires, they find them packaged open space like in Maine and Montana. been for an extremely vigilant customs inside other containers. But among The major ones, as I mentioned, that officer highlighted in the PBS special other things, you can hide illegal im- we are looking at on the Canadian side aired last weekend, that one of the mil- migrants and terrorists in the back of are Vancouver, Seattle, Toronto as it lennium bombers targeting LAX Air- those trucks as well. Often they find goes to Buffalo and Niagara, Montreal port was captured at Port Angeles, people sneaking in inside those trucks as it comes down, and Detroit-Windsor. who, by the way, was coming from too.

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.221 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7711 Third, single-person staffing and not they have to go wider and wider, just murders compared to 25 last September 24 hours is not acceptable at key bor- like we have worked with immigration and directly attributed it to the fact der crossings. Short term, we are dou- policy along the Mexican border, it is that so many policemen had been ble staffing and keeping them open 24 easier to catch somebody going taken off of traditional law enforce- hours. But unless we get more agents, through open desert than it is when ment and moved towards antiterrorism this is not going to work. they get lost in a crowd at San Ysidro efforts. Twelve people died because we Fourth, we have lots of unmanned at the San Diego crossing. were chasing things that did not hap- roads in a variety of ways and we cover The same thing in the north country. pen in Philadelphia. That has been re- them with a variety of mixes: Of mon- You may think you can walk through peated all over America. We cannot do itors, of roadblocks, of local people the mountains or in the woods of more things with the same number of identifying, and it actually works pret- Maine or Vermont or upstate New people without diverting resources ty well, but we need some additional Hampshire, but there are several from one place to another. People are help. The news media has been really things working against you. One, it is dying daily because of drugs; children fond of particularly picking on the cold there a lot of the year. You are are being abused, wives are being beat- Vermont border right now as well as, going to leave foot prints, even snow- en, all sorts of things are happening in to some degree, the New York border shoe prints. You are going to have to our country. If we do not have ade- because of some incidents that have oc- eventually hook up with the car, and quate law enforcement or if that law curred. But what has not been told is we are monitoring, and the other thing enforcement is chasing anthrax hoaxes that in almost all the cases, the news are the locals. Just like on airplanes, or worried about things they pre- media has been caught. Even though where the private citizens on the plane viously did not have to deal with, and they originally did not think that they need to be watchful as well, the same we have to reconcile this that if we are were being caught, they were being thing is true on the borders. It is amaz- going to do more law enforcement, tracked and eventually caught. Part of ing in these tight knit local commu- then we are going to need more agents. the argument is how fast they were nities, they know when somebody And if we are going to get more agents, caught. But in some of the places, they strange is coming across and they re- given how hard it is to hold, retain, are actually legal, because the road port it. To the degree that American and recruit agents now, some changes runs along the border on the Canadian citizens join in, we can, in fact, make are going to need to be made. side, and only if one takes a right turn many of these borders much more se- Well, like what? One, for the INS or a left turn, depending on the place cure than one would think at first Border Patrol, they need a waiver of into U.S. territory and then do not re- glance. the overtime cap. I mentioned earlier port, is one violating the law. So it can Now, on October 17, our sub- at the borders that we visited this past take, even when we are doing the right committee also held a hearing entitled, weekend, they are nearing the over- thing and tracking appropriately, 10 to Keeping a Strong Federal Law Enforce- time cap. They have people with no va- 15 minutes before somebody catches ment System that featured U.S. Immi- cations and they are working overtime, you, because you were not illegal most gration and Naturalization Service, the and yet we capped them out of over- of the time, and some of the media has INS Director James Zieglar, as well as time, so that is not even going to be an been reporting has, quite frankly, been Assistant Commissioner at U.S. Cus- option. Then, what are we going to do? inaccurate. We have done a better job toms and the Assistant Director of U.S. In late November, early December, we of protecting the border than one Marshals. They made several key are going to say okay, we have used up would think, but we still need addi- points. Because bottom line is, we can- all of our overtime, we do not have any tional things, because as we put the not control or seal the border if we do a little, I guess we will now just open pressure on, so will those who want to not have the agents. up the borders completely. I do not violate the law, including terrorists. In Congress, we passed this really think so. We have to address this rap- Fifth, the water. In Lake Champlain bold bill. We said we want 3,000 new idly. we obviously need a little bit better Border Patrol and INS agents. Well, Secondly, we need comprehensive pay protection, but in fact we have a pretty that sounds real great until we get to reform. Part of the problem is that INS good method of watching, we just need the point of last week, we did not add and Border Patrol they are topped out a little bit of additional protection on agents, we lost 5 agents just before we at a G9 and anybody who has been the eastern part of the lake, the north- had one meeting. What we were told at there a while if they have an option east part of the lake. these hearings is up to 67 percent of the like oh, tonight, more sky marshals, Sixth, we have an Indian reservation agents are looking at leaving in the where do sky marshals come from? over by Mecina to the west that is co- next couple of years, and we are talk- They come from Border Patrol and operative, but because it is in effect an ing about adding them. This is our INS, but we just said we are going to independent Nation, we treat Indian frontline of defense. hire 3,000 more of them but we are tak- reservations differently than other Well, what are some of the problems? ing them and moving them to sky mar- areas as far as border crossing, and We have 6,000 miles of border and 300 shals. We have to figure out how we are even though the local tribal council points of entry. The budget calls for going to get people in both places, has cooperated, it is problematic how 3,000 to 3,500 new Border Patrol agents which means, for example, recruitment to deal with this, particularly when and immigration inspectors. In 1999, bonuses. there is, in Canada they call them the INS had to attract 75,000 applicants to In San Francisco, because of the cost first nations, when they have a res- fill 2,000 positions. Of those 2,000 posi- of living and the shortage of appli- ervation on the other side, because the tions, 37 percent were former military. cants, they had to have $5,000 bonuses law enforcement policies are different. Now, they say they do not recruit from and then they got the applicants. In So it takes excellent cooperation. the military, but, in fact, they recruit the year 2000 they used $2,000 recruiting Seventh is just walking in the woods. from people who are retired, and many bonuses. Just sitting on the border is Because they have caught a lot of peo- people who retire are looking at wheth- not the most exciting thing and then ple carrying these potent drugs in er it is going to be a satisfactory job, being held accountable if one person in backpacks just walking through the so people who have job options will every 500,000 slip through, it is dif- woods across the border. Now, this be- leave the military, and re-enlistment ficult. If we do not pay adequately, we comes problematic. But remember has become a big problem. 30 percent are not going to be able to recruit peo- what I said is we caught many of them. come from local law enforcement. That ple. We also need law enforcement sta- The interesting thing here is the rea- was one of the debates we had here to- tus for INS inspectors. They are ex- son, and this could depress us to listen, night on the Airline Security Act. If pected to do law enforcement work; because this is just the Vermont and the Federal Government nationalizes they are expected to catch criminals, the New York zone here, but the en- all security at the airport, where are and yet at the same time, we do not couraging thing is if we can con- the guards going to come from? pay them that way. centrate the pressure at the major Last week, last Sunday, to be exact, We also need to really raise the earn- crossings and fan them out so that Philadelphia reported that they had 37 ings caps, and we also need language

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.223 pfrm01 PsN: H01PT2 H7712 CONGRESSIONAL RECORD — HOUSE November 1, 2001 bonuses. I referred to that earlier. We university will not help. The only way that the State Department listed as need some changes in how those lan- we learn usually is after they have funding or supporting terrorism, and guage bonuses are worked. It is not committed a felony. That is how we there are seven, then those students that they are not good, they are 3 per- learn whether somebody has violated ought to be tracked, those workers cent of their salary. But if they are their visa. So we need to get a better ought to be tracked, and those guests viewed as unachievable and not rel- system with that. ought to be tracked. evant to your job, then nobody seeks What I would suggest, because not We ought to know if they have over- the bonuses. We should be seeking every student is obviously a case at stayed or violated the terms of their that, and if we tie that to people’s pay; risk here, and we are not talking about visa, and it ought to be reported to the if we say, look, we will give you 5 per- American citizens or immigrants who government by their sponsor if they cent more if you learn Farsi. It would have come to America and are going to know that they have violated it. It is make me feel more secure if we had college, let us get this straight. We are not their sponsor’s responsibility to people on the borders who speak Farsi, talking about people who are here be- track them, but it is to let the govern- and if we are going to give them a pay cause of the free nature of our country. ment know, and the INS will track. raise, let us tie it to something, but let Just like when our students go over- There ought to be a penalty if you do us make it achievable. They do not seas, they are a guest in that country, not report. have to be a teacher in Farsi; they need and when they go overseas, there are Furthermore, in addition to those to be able to understand it and have certain criteria that they have to fol- terrorist countries, we ought to add Af- basic communication with somebody low. ghanistan. Right now Afghanistan is who is crossing the border, or Arabic or For example, let me tie this to an- not on the terrorist list. It kind of sur- Spanish or French or whatever lan- other incident, and I mentioned one of prised me when I heard that, because guage we need, the Asian languages on the terrorists. A number of years ago, we do not recognize the Taliban. Since the West Coast in particular, but in- when we were looking at stolen Chi- we do not recognize there is a govern- creasingly across the country. nese secrets which basically made us ment there, they are not on the terror We also had a hearing this week stu- much more vulnerable to attack from lists. dent on visas in the Committee on Edu- China, the son of the equivalent of the It would not be too hard to come up cation and the Workforce, and let me head of the CIA of China had come to with another list, and that is if the make a couple of points with that. the United States. The way we turned country is not themselves a terrorist First, let me put it in context. The this up in the Committee on Govern- threat but there is reason to believe only real way we are going to stop ter- ment Reform is we were investigating that that country is the home nation of rorists and, for that matter, illegal Johnny Chung and he worked for him. a lot of terrorists. drugs, is before it gets to the United He was a lower level in the process of Let us take, for example, Saudi Ara- States. One of the chief planners of the where the money got laundered and he bia, where I believe 15 of the 17 were September 11 attacks was on a student was very open with us, and it may be, from; that then students from that visa, was not a student. How can we I am not saying the son was a risk, but country, even though their government protect ourselves if people are here on the plain fact of the matter is he was may be completely innocent, that we visas that they have jumped, and no- enrolled at a university in Los Angeles, track them. In other words, let us look body reports it? So I would suggest sev- did not show up, we lost him. We lost at the facts. If you are a terrorist na- eral things. First, let me state one the son of the CIA. tion and certified as such by our State other problem. Department, or you are Afghanistan 2245 Foreign students, of which we have b with the Taliban, or you are from hundreds of thousands, or we have at Now, do Members think China, when Saudi Arabia right now, you are at least several hundred thousand plus, George Bush, Senior, was head of the much more likely risk if you have vio- apply to multiple universities, just like CIA, and George W., if he had visited in lated your visa, and we are not talking we do in the United States and our kids China to be a student, do Members about people who are following the law. do. Presumably, the student may tell think China would have lost George W., I would place a bet right now that the university, I think most of them ei- being a student there? I do not think the average American thought this was ther put a down payment down, they so. It is incredible that at a time in the already happening. We would have pay it, they get a dorm, they get their very period when our secrets were sto- thought that if there was a student classes, but right now, the government len, we did not know where the son of from a country certified for terrorism requires that the student, when they the head of their CIA was in the United and they had a work visa or a student get their visa, say what university they States because it was not reported that visa or a tourist visa, Members prob- are going to, but the university is not he did not show up on a student visa. ably thought that once they were here told they are coming, so the university So this has happened before. It is not longer than they were supposed to be, could have a student headed for UCLA new, and it happens a number of times, or were not doing what they were sup- or Indiana University, the University but we are looking for a needle in a posed to be, that we know. Well, we do of Notre Dame, and they might have it haystack in the terrorist question un- not. It is time we fix that right away. on the student visa, but the university less, what I would suggest is that they I also want to comment on the role of may very well not know they are com- start with a simple process. the Canadian parliament, the Mexi- ing. So one thing we need to fix is to The INS does not have enough people cans, and the commerce. let the university know that the stu- to look up everybody who jumps their As I mentioned, we started this proc- dent got the visa in that university’s visa. This is not just students, it also ess through the parliament groups. name. applies to workers and when somebody Both sides of the border are interested Then, the university has an obliga- sponsors a visitor. They ought to be in fixing this. We know the impor- tion to let the United States Govern- held accountable for notifying the gov- tance. The Plattsburgh Chamber of ment know: did the student actually ernment if they have jumped. Commerce leader said that $1.4 billion check in and start classes? Did the stu- We need to give additional dollars in trade in that community of 80,0000 dent drop out? And/or did the student then to the INS. I said, we cannot get people. graduate? In other words, once they the borders covered, the basic work Fourteen percent of the people who have completed the criteria on their covered even for felons, so if we are work in the area work for a Canadian- visa or fail on the criteria of their visa, going to put a new thing on them, we owned companies. I have multiple Ca- they are the first line of defense to let have to give them the money to be re- nadian-owned companies in Fort the government know. They do not sponsible. Wayne, which is 140 miles from the have to be a law enforcement agency. It is a waste of money to do this for Windsor-Detroit border. It is not their job to go out and find the everybody right now because every- We have become totally inter- student, but the government does not body is not at risk, but how about if we connected in big cities, and in Michi- know where to find them or whether start something simple: If you are a gan Texas, Arizona, far more than Indi- they have even jumped the visa if the student from a terrorist nation, one ana. We all know there needs to be a

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.224 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7713 stake. The Canadian parliament now is Wal-Mart. We have to build it. There is talked to one of the members who had working on an antiterrorism law and a backlog of orders because we do not left the FARC, I will never forget this, are working on their immigration laws, have right now as big a military estab- Mark Sanford and the gentleman from but they have different traditions and lishment as we have had before. It Illinois (Mr. BLAGOJEVICH), two other we have to work through it. takes a while to get the helicopters Members, we were waiting for the gen- If we are going to have accelerated built, and the new Huey IIs, we do not tleman from Illinois (Speaker border passes, background checks, fast just all of a sudden ramp up an assem- HASTERT), then Congressman, to arrive passes, they need to understand they bly line like G.I. Joe. These are not lit- in his helicopter. are going to have to make changes in tle plastic toys. I did not mean a real We were talking to this young kid their countries just like we are, be- person G.I. Joe, which we cannot ramp who just left the FARC. He was an en- cause the American people as well as up, either. We have to do training. forcer. We asked him if he had ever the people in their countries are not It is not a plastic toy. These are real shot anybody. He said yes. We asked, going to tolerate living in fear of nuts. helicopters which are complicated. It ‘‘Why did you shoot him?’’ He said, Now, I want to also talk tonight, in takes a while to get there. ‘‘The guy was behind in his payments.’’ addition to the terrorism on the bor- We do not know whether Plan Colom- What do you mean? ‘‘He was a coca der, a little bit about our anti-nar- bia does not work. We will know more grower and he was not paying us the cotics efforts. In our subcommittee, we in 6 to 12 months. What we know is the amount that he was supposed to pay have oversight of narcotics. It is a lot Colombians were bravely fighting a us. I warned him twice and then shot like terrorism. We are going to learn battle, and we had aid there, but not him. He did not pay his bills.’’ ‘‘What how difficult it is to fight terrorism, the size of the aid we are talking do you mean, he did not pay his bills? because if Members think the drug war about. You do not shoot him for that.’’ We was hard, the antiterrorism war is If we are successful in putting pres- were told that, yes, we told him if he going to be even harder because there sure on Colombia, we know the pat- did not pay the tribute money we were are fewer people and they have more tern. They are going to move to Ecua- going to shoot him. What did you do? targets. At least in drugs we know the dor, move to Bolivia, move to Peru, He was an older man. We went to the networks and know where it is coming move to Brazil. So that is why this restaurant. I went up behind him and from. year the House appropriated $670-some we killed him. And he said, ‘‘Look, he Number one, it is coming from Co- million out of the President’s $707- did not pay his bills.’’ lombia, the heroin and cocaine. It is some million request, the bulk of Now, if you are a farmer and they are then coming either through the Carib- which goes first to Colombia, that is coming in killing your family or kid- bean corridor or the Pacific corridor or the biggest battle; second to Peru; napping them or maiming them, it is by air. Depending on our successes, third to Bolivia, where we know they pretty tough to walk in and say, by the sometimes when we put the pressure on have been before and could potentially way, we want you to plant palm hearts. the Caribbean, it moves to the Pacific. come back; and fourth to Ecuador, First, we have to get order. Then When we put pressure on the Pacific, it which is on a watch list. once we get order in Colombia, then we moves to the Caribbean. So what did the other body do? The need to go in and help them get or It used to be all through the Andean other day they cut it another couple make a living, because if we do not Indian region, but Bolivia got most of hundred million dollars, and they cut help them make a living, they are theirs eradicated. We need to make Colombia first, Peru second, and left in going to go right back to what they sure that stays firm. In Peru, they got for Bolivia and Ecuador, which is fine, were doing before. That is why we have most eradicated but it is coming back. but they are three and four. money to help build the legal system. It has moved to Colombia. Chances are If this budget does not get fixed, we Right now the judges are intimi- overwhelming, about 90-some percent, will have put $1 billion into Plan Co- dated. They killed one-third of them if you have heroin in your community, lombia, then cut the follow-up plan, back in the days when the movie Clear as every community basically does, if and wasted the money, basically. and Present Danger highlighted it. At you have cocaine in your community, What is the point? Can we not ever the same time, they shoot the judges, as every community basically does, it see past our nose? Are we going to be and they have destroyed and killed is coming from Colombia. We know inevitably constantly repeating our much of the legal system. People are where it is at. We have to get it there. Vietnam problems, where we get into, intimidated. There are brave souls They are having a war in that coun- and this is not exactly like Vietnam, fighting away, but we have to rebuild a try. We have had a big controversy in but when I say that, it is like the respect for law and work with the peo- this Congress about the so-called Plan antiterrorism war or the war on drugs. ple. Colombia. We passed over $1 billion, We do just enough to fail. When we fi- Colombia is the oldest democracy in and if I have heard it once, I have nally get ahead of the curve, we some- South America. Because of our drug heard it 50 times on this floor when we how decide we are going to be off on habits, they have had serious problems debated the Andean initiative this another adventure and do not finish in their country. We need to get the year, how can we keep pouring money the job. Andean initiative because if this proc- into Colombia. Plan Colombia did not In the case of Colombia, we need this ess works in Colombia, it is going to work. assistance because, first, we have to move as it always does. As we heard in our drug task force stop the terrorizing before we can plant People say if you legalize drugs in today from Rand Beers who heads alternative crops. People say they the United States it is going to go international narcotics for the State want to plant alternative crops. It is away, like the people who are making Department, I am going to have to re- just like a kid on a street corner. If he all this money are going to say, right, call this from memory because I do not can make $600 an hour as a lookout, he I am going to go broke now. No, they have it written down, but of the is not going to take minimum wage at are going to step people up to other Blackhawks that we put in our pack- McDonald’s unless the risk of being a things. We are not going to legalize co- age, four arrived in September, two for lookout is too high, and then maybe he caine and heroin, even if we legalize the CNP and two for the military, and will take the job at McDonald’s. But marijuana, which would be a huge mis- six more will arrive by the end of the we are not going to pay him $600 an take. year. hour at McDonald’s. So it is important now. We are hav- Of the Huey helicopters that we had The same calculation goes into a ing a big debate in Congress. We under- in the budget, they are arriving in Jan- coca grower. If they are going to plant stand if we cut back the Andean initia- uary. palm hearts, they are not going to tive, that the net result of this is going In other words, how can Plan Colom- make the same as coca, but they want to be more terror on our streets at bia fail when it is not there yet? I am to plant legal things. They want a de- home, more cases like what we have tired of hearing how Plan Colombia cent living for their family. heard in our hearings from mothers failed. When we budget for a heli- If they are going to get shot, and whose husbands were whacked out on copter, we do not just pull it out of a when we were in Colombia and we drugs and came home and beat them

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.226 pfrm01 PsN: H01PT2 H7714 CONGRESSIONAL RECORD — HOUSE November 1, 2001 and their kids, or used up all their chart that I do not have with me to- something we have been talking to the money for health care and for edu- night showed directly that in 1992 to South American and Central American cation to fuel their drug habits; or as I 1994, with the combination of the sig- countries about, our drug habits be- have talked to former and current drug nals we sent from our top down of ‘‘I cause of irresponsible leaders in the addicts, when they need money, they did not inhale,’’ and joking about it, to media and in political offices and peo- just go out and rob somebody, mug the movies, to the music, and then, ple in the TV industry, because of our them, or kill them if necessary to get combined with our reduction in source usage, they now have produced such a the money. country interdiction in the drug budg- supply in these countries that the use We visited juvenile detention centers ets from 1992 to 1994, the drug use in is increasing and doubling in many of and had some young guys tell us, one the United States soared at such a these countries. of them had killed somebody when he level that to get back to that in 2001, This article this week in the Wash- was stealing his car to fund his drug we have to have a 50 percent reduction ington Post, which I would ask to be habit. The question was, why did you from where we are at to get back to inserted in the RECORD, says ‘‘Mexico kill the person? He said, what does it where it was when President Clinton finds drug abuse is now its problem matter? I will be dead by the time I am first took office in 1992, a 50 percent re- too.’’ 25, anyway. duction. Let me read from one of the para- So when we look at that, it is a tough b 2300 graphs: ‘‘Mexico used to think that thing. If we cannot get it in the source people like this Arellano were an countries, then it moves out into the A 50 percent reduction. That is how American nightmare. By Mexico’s bad it was. And it was directly cor- Pacific and the Caribbean. Then we reckoning, Americans were the ones related. In 2 years it soared that much. come back to the border question I was using drugs. And their insatiable de- And what we saw was the purity soar. talking about before. Once it gets to mand was the reason that violent car- We saw the price go down, and we saw the border, it is like looking for a nee- tels, which continue to conduct daily the use go up. In 1995 and 1996 it started dle in a haystack in a city. assassinations on the border, existed to stabilize. In the last years of the We dare not cut back the Andean ini- here. Places like Tijuana, where people Clinton administration with General tiative any further than we have al- did not even use drugs, were suffering McCaffrey as drug czar we started to ready cut it back. I know there are because coke-heads from Malibu to make progress again; but we have chal- many money pressures, but we have to Maine could not get enough, it was lenges. simultaneously say if we are going to I want to read from The New York said. But that is changing fast. Mexico go after terrorism, we are not going to Times Magazine from this past week- is not now the only major transit point go after terrorism at cutting back on end about a man named Adam Sorkin, for drugs shipped into the United illegal narcotics. who is the key person behind ‘‘West States. It has a growing demand prob- Alcohol and illegal drugs account for, Wing’’; and I am just going to read out lem of its own.’’ in every district, every city in this of this magazine. As you may know he [From the Washington Post, Oct. 31, 2001] country, 70 percent to 85 percent of all was busted again. This article talks MEXICO FINDS DRUG ABUSE IS NOW ITS crime, including child abuse and do- about how he has a drug habit. It also PROBLEM, TOO mestic violence. If we are going to get shows the problem with our drug treat- TIJUANA STREETS TEEM WITH ADDICTED YOUTHS at other sins in the society, we have to ment program because he has been (By Mary Jordan) get rid of the enablers. through a treatment program, and he TIJUANA, MEXICO.—Berenice Arellano Gil Let me talk a little further about a is cynical about ever being cured; yet celebrated her 29th birthday by doing what couple of other things. The DEA has fi- she does most days: She slipped $3 into an- they keep saying he is cured. other addict’s hand on a downtown street nally started to crack down on some of Quote: ‘‘While Sorkin seems to derive the medicinal marijuana problems. We corner and bought a two-inch vial filled with a very similar kind of relief from writ- crack cocaine. have had a huge problem in this coun- ing hyper-articulate dialogue and from ‘‘I feel like a dog running wild on the free- try with so-called medicinal mari- inhaling crack, he keeps his two worlds way, not knowing if I am going to make it juana. There is nothing medicinal separate. That is not to say he never off the road alive,’’ she said, cupping her about marijuana. Lots of poisonous writes about drugs. His teleplays are hands around the smoking white powder and things have some good ingredients in sprinkled with roach clips and bong inhaling deeply, letting the crack fill her them. lungs and surge into her brain. pipes and all the references are slyly She opened her glassy eyes, looked toward There is no medicinal marijuana. appreciative. Five weeks into the West There are components inside mari- the United States, beyond a metal fence a Wing pilot this year, a high priced call few yards away, and her story tumbled out. juana, as there are in arsenic and other girl whom we will soon come to appre- She had a good life once in Los Angeles, in- things, that are healthy. But in Cali- ciate for her intelligence and strength stalling carpet for $10 an hour, but she got fornia, this has become a way, for ex- of character, greets the day by lighting caught and deported and despair led to ample, they got into one housing addi- up a joint and saying, ‘It is not like I crack, and at least now she has cut back and tion where it looked from the air like am a drug person. I just love pot.’’’ is spending only $10 a day on her habit in- it was a housing addition, but they We in Congress can work and work at stead of the $100 she used to waste, and she were all fake homes growing quantities it, but if we have the producers of hates her job making $5 a day working in a of marijuana. restaurant but will never, never, never again ‘‘West Wing’’ and other people, ‘‘West have sex with a stranger to make a few In my home State of Indiana, where Wing,’’ by the way, is a tired, formerly bucks for crack, and you just can’t believe they have what is more commonly creative TV show that is basically try- how hard it is to get unhooked. called ditchweed, they have now been ing to rehash what former President ‘‘It’s my birthday, you know,’’ she said. bringing in BC Bud and mixing it with Bill Clinton would do if he was facing Mexico used to think that people like Indiana ditchweed. Indiana has become the crises that they can develop each Arellano were an American nightmare. By the fifth largest exporter in the United week; and it is starting to become old, Mexico’s reckoning, Americans were the States of marijuana, and it is shipping ones using the drugs, and their insatiable de- but it is entertaining in many ways. mand was the reason that violent cartels— to the east and west coast mixed with But it is also here from the producer which continue to conduct daily assassina- this BC Bud, and we are talking about bragging about working in pro-drug tions on the border—existed here. Places like in Indiana a raid just like in Colombia. statements. Tijuana, where people didn’t even use drugs, They plant it in the corn and it is not What kind of example is this? How were suffering because cokeheads from even necessarily that the farmer knows are we supposed to fight it on the one Malibu to Maine couldn’t get enough, it was it is there. They plant the marijuana hand when our TV producers glamorize said. inside the corn. It is hidden under drug use on television. Then we wonder But that is changing fast. Mexico is now there. You have to catch it with dif- not only the major transit point for drugs why we are failing the drug war when shipped into the United States, it has a ferent screening methods from the air people call it medicine, when TV pro- growing demand problem of its own. While or ocean, or from tips. It is extraor- ducers glamorize it. drug consumption in Mexico is still far below dinary how wishy-washy some of our Furthermore, to quote an article this that in the Untied States, it began climbing leaders back here are. And my favorite week in the Washington Post, which is in the mid-1990s at an alarming rate.

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.228 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7715 This gritty city of 1.2 million is Mexico’s Two people who have been treated in such supposedly an anti-song that turned drug-use capital. Between 1993 and 1998, gov- centers said in interviews that techniques out not to be an anti-drug song at a ernment surveys found a five-fold increase in there include dousing addicts with ice-cold second level, that people who do that the number of people saying they had used water, beating them and chaining them to type of thing are responsible not only drugs in the past month. For 1998, the last make sure they don’t flee. Several Tijuana year the survey was conducted. 15 percent of newspapers recently ran photos of teenage for the deaths in the United States but Tijuana youths said they had tried cocaine, addicts chained down in one of the centers. elsewhere too because much of this is heroin or other drugs—three times the na- The youths had been placed there with the psychological in whether behavior that tional average. permission of their parents, who said they is seen is approved or not approved. Since then, far more people have begun didn’t know where else to turn. There is another wave that we are trying drugs, particularly crystal meth- Such techniques are ‘‘not uncommon’’ in trying to address. Clearly amphetamine. There are now hundreds of Ti- the private centers, said Enrique Durantes, a methamphetamines and Ecstasy have juana crack houses, alleyways and street psychiatrist who heads Tijuana’s drug pre- become a huge problem in the United corners where people gather to snort, smoke vention program in the city’s health min- or inject drugs. istry. ‘‘We are totally against this method.’’ States, and we are doing the best we ‘‘It’s a dramatic problem affecting the He said more federal funding is desperately can to address these things as well. We quality of life here.’’ said Victor Clark needed to open rehabilitation centers that will continue to work at that as they Alfaro, a prominent human rights advocate. use accepted treatment techniques. Last come in from countries like the Neth- ‘‘Many of these people steal to get money for year the federal government issued national erlands. There they say legalization drugs. People are afraid of what people will regulations and guidelines for drug rehabili- has worked well. Yes, they are shipping do when they are high on crack and crystal tation centers, but officials said there has it to us. We would not have the stuff meth.’’ He said poor addicts are most visible been little effort to enforce them. coming through Canada and through because they often use drugs in the street. ‘‘The government is leaving in the hands of But he said middle-class children are taking [private groups] the process of rehabilita- our borders and through other ways in them, too—in homes and discos at parties, tion,’’ said Clark Alfaro. ‘‘They are closing the United States if they were not out of their public eye. their eyes to human rights violations that doing that. The increasing drug use is generally traced occur there.’’ The New York Times, ‘‘Violence rises to a change in the practices of Mexican traf- Arellano, the crack addict, said she would as club drug spreads throughout the fickers who ship drugs into the United not enter a private rehabilitation center. streets.’’ In Fort Wayne, Indiana, ‘‘War States. In the mid-1990s, according to Mexi- ‘‘They are horrible. It’s not like you have in on meth, number of labs raised to can law enforcement officials, the traffickers the States. No, no, never, never, will I go record highs.’’ Here is from Fresno: started paying local employees—those who into one of those places. I must try to get handled such jobs as fueling planes and rent- unhooked myself.’’ ‘‘Meth dump discovered.’’ There they ing warehouses—partly in drugs. Those peo- A recent tour of open-air drug markets in have a law because so many little kids ple needed to create their own market, and Tijuana found many people inhaling crystal have been burned to death with labs ex- they began selling drugs in their home meth or crack and a new injecting heroin. ploding, these giant labs. USA Today: towns. Most of the users were in their twenties. One ‘‘Ecstasy drug trade turns violent.’’ At the same time, the price of cocaine and man sat on the curb on Ninos Heroes Street, Just the other night there was a other drugs has fallen. Drugs used to be be- the hood of a parka pulled over his face on a yond the means of poor youths from the Ti- ‘‘Dateline’’ special on some of this po- day when the temperature was near 80 de- tency. We have a huge problem in the juana barrios, but a vial of crack now sells grees, a vial of crack supped in his hands. for as little as $2—and a heroin injection A half-block away, Manuel Lopez, 32, United States. We do not just have costs a $5 to $10, depending on quality, ac- slouched against an abandoned house, high problems with anthrax, which is scary, cording to interviews with addicts here. on a combination of crystal meth and crack, where four people have died. We have They said the most popular drug is the known as a ‘‘speedball.’’ He was too incoher- people overdosing, terrorizing their cheapest: crystal methamphetamine, or ent to speak. Another man in much the same families, terrorizing their neighbor- ‘‘ice,’’ a synthetic drug that goes for $1 to $2 condition wandered into traffic on Inter- hoods every day because of illegal nar- a hit. national Highway, nearly getting run over Some Mexican law enforcement officials cotics. before his friends pulled him back. The ranking member of the sub- say the problem has become far worse since Police in Tijuana have long been connected the Sept. 11 terror attacks in the United to major drug traffickers. Now those corrupt committee from Maryland (Mr. States. U.S. border security has sharply in- links extend to street-corner drug dealers, CUMMINGS) has said it well. We are al- creased, making it harder for the cartel to who say that association has created new ready under chemical attack. The move their cocaine, marijuana and heroin bribery patterns. chemical attack is illegal narcotics. across the border. That has led to concern Money paid to the police by drug cartels is The way we address trying to protect that the backlog is being dumped in Mexican often carefully orchestrated. High-ranking our borders from the terrorists, from towns, where youths have a growing appetite officers decide how big the bribe should be, for drugs. coming up with strong law enforce- and how it should be distributed within the ment and in tracking and anti-drugs is U.S. law enforcement officials say they ranks. But now cops on the street are taking doubt the border security has curtailed drug ‘‘express bribes’’ from local dealers, pock- going to be the same way we catch the trafficking. They note that U.S. street prices eting a relatively small amount of money terrorists coming in our midst. for drugs have not risen, a sign of steady sup- without consulting or sharing with other of- We are working in multiple ways. ply. ficers. One dealer said that as the recession This week in the committees alone we But Pedro Jose Penaloza, who oversees has set in, more police officers have become have done the postal. We did the stu- crime prevention efforts in Mexico’s attor- open to taking bribes to look the other way. dent tracking. We have done field hear- ney general’s office, recently said that ‘‘the Mexican police officials deny publicly that consumption of cocaine in the entire country ings at the border. We did airport secu- their officers take bribes. But many officers rity tonight. We are doing the best we has risen alarmingly since the Sept. 11 at- on the street readily admit that they take tacks.’’ He said the ‘‘sealing of the northern bribes to augment their low salaries. can to try to address it. We cannot stop border by the United States’’ has led traf- Clark Alfaro said a man who manufactures every terrorist. We cannot stop every fickers to drop the price of cocaine and other crystal meth in a Tijuana laboratory re- illegal drug. But we will do the best we drugs normally destined for the United cently complained to him that he had paid can and with the cooperation; and the States and flood the market in Mexico. the police a $9,000 bribe because they threat- In Mexico, drug consumption is seen large- support of people in their home neigh- ened to shut down his lab. the man was upset ly as a health problem and is rarely pros- borhoods, we in fact can make because the cops wanted $20,000 and he had to ecuted. In most places it is not a crime to progress. We will never eliminate sin in bargain hard to bring down their price. consume small amounts. But despite concern America; but if we work together, we over health, the government has devoted lit- Our problem has now spread through- certainly can limit it. tle money to treatment or rehabilitation, fo- out Central and South America and f cusing instead on prevention efforts, which throughout other parts of the world be- are far less expensive. cause we could not get control of our SPECIAL ORDERS GRANTED Clark Alfaro said there are about 80,000 ad- problems; it has now spread. And so the By unanimous consent, permission to dicts in Tijuana and the city’s 50 private re- blood on the hands of those who die to habilitation centers have room for 3,000. To address the House, following the legis- many, these places, often run by former ad- illegal narcotics, of those who say lative program and any special orders dicts or church workers with no formal marijuana is not a big deal, doing heretofore entered, was granted to: training in rehabilitation, are notorious for crack is a cool thing, who write songs (The following Members (at the re- harsh treatment. like the song ‘‘Heroine Girl’’ that was quest of Mr. BROWN of Ohio) to revise

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\A01NO7.125 pfrm01 PsN: H01PT2 H7716 CONGRESSIONAL RECORD — HOUSE November 1, 2001 and extend their remarks and include 801(a)(1)(A); to the Committee on Energy and AG77) received October 12, 2001, pursuant to extraneous material:) Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on 4473. A letter from the Regulations Coordi- Mr. PALLONE, for 5 minutes, today. Energy and Commerce. nator, Department of Health and Human 4482. A letter from the Chairman, Council Ms. MCKINNEY, for 5 minutes, today. Services, transmitting the Department’s of the District of Columbia, transmitting a Ms. NORTON, for 5 minutes, today. final rule—Substance Abuse and Mental copy of D.C. ACT 14–155, ‘‘Advisory Neighbor- Mr. BROWN of Ohio, for 5 minutes, Health Services Administration Mental hood Commissions Annual Contribution today. Health and Substance Abuse Emergency Re- Temporary Amendment Act of 2001’’ received Mr. STUPAK, for 5 minutes, today. sponse Criteria (RIN: 0930–AA09) received Oc- November 1, 2001, pursuant to D.C. Code sec- Mr. ABERCROMBIE, for 5 minutes, tober 12, 2001, pursuant to 5 U.S.C. tion 1—233(c)(1); to the Committee on Gov- today. 801(a)(1)(A); to the Committee on Energy and ernment Reform. (The following Members (at the re- Commerce. 4483. A letter from the Chairman, Council 4474. A letter from the Attorney-Advisor, of the District of Columbia, transmitting a quest of Mr. FERGUSON) to revise and NHTSA, Department of Transportation, copy of D.C. ACT 14–156, ‘‘Insurance Eco- extend their remarks and include ex- transmitting the Department’s final rule— nomic Development Temporary Amendment traneous material:) Anthropomorphic Test Dummy; Occupant Act of 2001’’ received November 1, 2001, pur- Ms. ROS-LEHTINEN, for 5 minutes, Crash Protection [Docket No. NHTSA–2000– suant to D.C. Code section 1—233(c)(1); to the today. 8057] (RIN: 2127–AH87) received October 11, Committee on Government Reform. Mr. HULSHOF, for 5 minutes, Novem- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the 4484. A letter from the Chairman, Council ber 6. Committee on Energy and Commerce. of the District of Columbia, transmitting a 4475. A letter from the Principal Deputy copy of D.C. ACT 14–154, ‘‘Cooperative Pur- Mr. BURTON of Indiana, for 5 minutes, Associate Administrator, Environmental chasing Agreement Temporary Amendment today. Protection Agency, transmitting the Agen- Act of 2001’’ received November 1, 2001, pur- f cy’s final rule—Approval and Promulgation suant to D.C. Code section 1—233(c)(1); to the of Implementation Plans; New York Ozone Committee on Government Reform. ENROLLED BILL SIGNED State Implementation Plan Revision; Delay 4485. A letter from the Chairman, Council Mr. Trandahl, Clerk of the House, re- of effective date and extension of comment of the District of Columbia, transmitting a ported and found truly an enrolled bill period [Region 2 Docket No. 233, FRL–7084–3] copy of D.C. ACT 14–152, ‘‘Closing of a Public Alley in Square 2140, S.O. 99–228, Act of 2001’’ of the House of the following title, received October 12, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on En- received November 1, 2001, pursuant to D.C. which was thereupon signed by the ergy and Commerce. Code section 1—233(c)(1); to the Committee Speaker. 4476. A letter from the Principal Deputy on Government Reform. H.R. 2925. An act to amend the Reclama- Associate Administrator, Environmental 4486. A letter from the Chairman, Council tion Recreation Management Act of 1992 in Protection Agency, transmitting the Agen- of the District of Columbia, transmitting a order to provide for the security of dams, fa- cy’s final rule—Approval and Promulgation copy of D.C. ACT 14–153, ‘‘Closing of a Por- cilities, and resources under the jurisdiction of State Plans For Designated Facilities and tion of a Public Alley in Square 209, S.O. of the Bureau of Reclamation. Pollutants: Vermont; Negative Declaration 2000–48, Act of 2001’’ received November 1, [Docket No. VT–020–1223a; FRL–7077–4A] re- 2001, pursuant to D.C. Code section 1— f ceived October 12, 2001, pursuant to 5 U.S.C. 233(c)(1); to the Committee on Government ADJOURNMENT 801(a)(1)(A); to the Committee on Energy and Reform. Commerce. 4487. A letter from the Director, Office of Mr. SOUDER. Mr. Speaker, I move 4477. A letter from the Principal Deputy Procurement and Assistance Management, that the House do now adjourn. Associate Administrator, Environmental Department of Energy, transmitting a report The motion was agreed to; accord- Protection Agency, transmitting the Agen- on the Federal Activities Inventory Reform ingly (at 11 o’clock and 6 minutes p.m.) cy’s final rule—Clean Air Act Final Approval Act; to the Committee on Government Re- under its previous order, the House ad- Of Operating Permits Program; State of form. journed until Monday, November 5, Maine [ME–063–7012a; A–1–FRL–7085–5] re- 4488. A letter from the Acting Division Chief, Marine Mammal Conservation Divi- 2001, at 2 p.m. ceived October 12, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and sion, Office of Protected Resources, National f Commerce. Oceanic and Atmospheric Administration, 4478. A letter from the Principal Deputy transmitting the Administration’s final EXECUTIVE COMMUNICATIONS, Associate Administrator, Environmental rule—Taking and Importing Marine Mam- ETC. Protection Agency, transmitting the Agen- mals; Taking Marine Mammals Incidental to Under clause 8 of rule XII, executive cy’s final rule—Approval and Promulgation Construction and Operation of Offshore Oil communications were taken from the of Air Quality Implementation Plans and and Gas Facilities in the Beaufort Sea Speaker’s table and referred as follows: Designation of Areas for Air Quality Plan- [Docket No. 990901241–0116–02; I.D. 123198B] ning Purposes; Pennsylvania; Redesignation (RIN: 0648–AM09) received October 16, 2001, 4469. A letter from the Assistant General of Pittsburgh-Beaver Valley Ozone Non- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Counsel, Department of the Treasury, trans- attainment Area to Attainment and Ap- mittee on Resources. mitting the Department’s final rule—Resolu- proval of Miscellaneous Revisions [PA175– 4489. A letter from the Acting Division tion Funding Corporation Operations (RIN: 4179; FRL–7079–6] received October 12, 2001, Chief, Marine Mammal Conservation Divi- 1550–AA79) received October 16, 2001, pursu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sion, Office of Protected Resources, National ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on Energy and Commerce. Oceanic and Atmospheric Administration, on Financial Services. 4479. A letter from the Principal Deputy transmitting the Administration’s final 4470. A letter from the General Counsel, Associate Administrator, Environmental rule—Taking and Importing Marine Mam- Federal Emergency Management Agency, Protection Agency, transmitting the Agen- mals; Taking Marine Mammals Incidental to transmitting the Agency’s final rule—Sus- cy’s final rule—Criteria for Classification of Operation of a Low Frequency Sound Source pension of Community Eligibility [Docket Solid Waste Disposal Facilities and Prac- by the North Pacific Acoustic Laboratory No. FEMA–7769] received October 12, 2001, tices and Criteria for Municipal Solid Waste [Docket No. 00801223–1204–03; I.D. 062000A] pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Landfills: Disposal of Residential Lead-Based (RIN: 0648–AO24) received October 16, 2001, mittee on Financial Services. Paint Waste [FRL–7076–4] (RIN: 2050–AE86) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4471. A letter from the Director, OSHA Di- received October 12, 2001, pursuant to 5 mittee on Resources. rectorate of Safety Standards, Department U.S.C. 801(a)(1)(A); to the Committee on En- 4490. A letter from the Acting Director, Of- of Labor, transmitting the Department’s ergy and Commerce. fice of Sustainable Fisheries, NMFS, Na- final rule—Occupational Injury and Illness 4480. A letter from the Principal Deputy tional Oceanic and Atmospheric Administra- Recording and Reporting Requirements Associate Administrator, Environmental tion, transmitting the Administration’s final [Docket No. R–02A] (RIN: 1218–AC00) received Protection Agency, transmitting the Agen- rule—Atlantic Highly Migratory Species; At- October 24, 2001, pursuant to 5 U.S.C. cy’s final rule—Clean Air Act Full Approval lantic Bluefin Tuna Fisheries [I.D. 092001A] 801(a)(1)(A); to the Committee on Education of Operating Permit Program; District of Co- received October 16, 2001, pursuant to 5 and the Workforce. lumbia [DC-T5–2001–01a; FRL–7085–8] received U.S.C. 801(a)(1)(A); to the Committee on Re- 4472. A letter from the Director, Regula- October 12, 2001, pursuant to 5 U.S.C. sources. tions Policy and Management Staff, FDA, 801(a)(1)(A); to the Committee on Energy and 4491. A letter from the Program Analyst, Department of Health and Human Services, Commerce. FAA, Department to Transportation, trans- transmitting the Department’s final rule— 4481. A letter from the Director, Office of mitting the Department’s final rule—Air- Food Labeling: Health Claims; Plant Sterol/ Congressional Affairs, Nuclear Regulatory worthiness Directives; Raytheon Aircraft Stanol Esters and Coronary Heart Disease Commission, transmitting the Commission’s Company Beech Models 1900, 1900C, and 1900D [Docket Nos. 00P–1275 and 00P–1276] received final rule—List of Approved Spent Fuel Stor- Airplanes [Docket No. 2001–CE–20–AD; October 12, 2001, pursuant to 5 U.S.C. age Casks: NAC-UMS Revision (RIN: 3150– Amendment 39–12433; AD 2001–18–07] (RIN:

VerDate 13-OCT-2001 18:52 Nov 02, 2001 Jkt 099060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K01NO7.232 pfrm01 PsN: H01PT2 November 1, 2001 CONGRESSIONAL RECORD — HOUSE H7717 2120–AA64) received October 11, 2001, pursu- By Mr. LANGEVIN (for himself, Mr. tracts, and for other purposes; to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ABERCROMBIE, Mr. BERMAN, Mr. mittee on Financial Services, and in addi- on Transportation and Infrastructure. BLAGOJEVICH, Mr. CAPUANO, Ms. CAR- tion to the Committee on the Judiciary, for 4492. A letter from the Chief, Regulations SON of Indiana, Mrs. CHRISTENSEN, a period to be subsequently determined by Unit, Internal Revenue Service, transmitting Mr. COYNE, Mr. CROWLEY, Mr. the Speaker, in each case for consideration the Service’s final rule—Saver’s Tax Credit DELAHUNT, Mr. ENGEL, Ms. ESHOO, of such provisions as fall within the jurisdic- for Contributions by Individuals to Employer Mr. EVANS, Mr. FARR of California, tion of the committee concerned. Retirement Plans and IRAs (Announcement Mr. FILNER, Mr. FRANK, Mr. HOEFFEL, By Mr. ACEVEDO-VILA (for himself, 2001–106) received October 12, 2001, pursuant Mr. HONDA, Mr. KENNEDY of Rhode Is- Ms. MCKINNEY, Mr. GUTIERREZ, and to 5 U.S.C. 801(a)(1)(A); to the Committee on land, Mr. KLECZKA, Mr. KIRK, Mr. Mr. MENENDEZ): Ways and Means. CLAY, Mr. LANTOS, Ms. LEE, Mrs. H.R. 3212. A bill to require Secretary of De- 4493. A letter from the Secretaries, Depart- MCCARTHY of New York, Ms. MCCOL- fense to expand the range maintenance pro- ments of Defense and Veterans Affairs, LUM, Mr. MCGOVERN, Ms. MCKINNEY, gram of the Department of Defense regarding transmitting a report on the implementation Mrs. MINK of Hawaii, Mr. MORAN of the removal of unexploded ordnance and mu- of the health resources sharing portion of Virginia, Mr. NADLER, Mr. PASCRELL, nitions constituents from live impact areas the ‘‘Department of Veterans Affairs and De- Mr. PAYNE, Ms. PELOSI, Mr. RUSH, of military training ranges to include any partment of Defense Health Resources Shar- Ms. SCHAKOWSKY, Ms. SOLIS, Mr. underwater portions of the live impact areas; ing and Emergency Operations Act’’ for Fis- STARK, Mr. TIERNEY, Mr. TOWNS, Mr. to the Committee on Armed Services. cal Year 2000, pursuant to 38 U.S.C. 8111(f); WAXMAN, Mr. WEINER, Mr. WEXLER, By Mr. ACEVEDO-VILA (for himself, jointly to the Committees on Armed Serv- and Ms. WOOLSEY): Ms. MCKINNEY, Mr. FALEOMAVAEGA, ices and Veterans’ Affairs. H.R. 3207. A bill to amend title 18, United Mrs. CHRISTENSEN, Mr. GUTIERREZ, 4494. A letter from the Regulations Coordi- States Code, to prohibit the manufacture or Mr. TOWNS, and Mr. MENENDEZ): nator, Centers for Medicare and Medicaid importation, or transfer by a licensed fire- H.R. 3213. A bill to authorize the Secretary Services, Department of Health and Human arms dealer, of a pistol that does not have a of Agriculture to acquire and manage lands Services, transmitting the Department’s chamber load indicator and, in the case of a in the Commonwealth of Puerto Rico to pro- ‘‘Major’’ final rule—Medicare Program; Revi- semiautomatic pistol that has a detachable vide for the protection of critical aquifers sions to Payment Policies and Five-Year Re- magazine, a mechanism that prevents the and watersheds that serve as a principal view of and Adjustments to the Relative pistol from being fired when the magazine is water supply for Puerto Rico, and for other Value Units Under the Physician Fee Sched- not attached; to the Committee on the Judi- purposes; to the Committee on Resources. ule for Calendar Year 2002 [CMS–1169–FC] ciary. By Mr. BILIRAKIS (for himself and Mr. (RIN: 0938–AK57) received October 31, 2001, By Mr. CALVERT (for himself and Mr. EVANS): pursuant to 5 U.S.C. 801(a)(1)(A); jointly to DOOLEY of California): H.R. 3214. A bill to amend the charter of the Committees on Energy and Commerce H.R. 3208. A bill to authorize funding the AMVETS organization; to the Com- and Ways and Means. through the Secretary of the Interior for the mittee on the Judiciary. 4495. A letter from the Assistant Secretary implementation of a comprehensive program By Mr. GOODLATTE (for himself, Mr. for Legislative Affairs, Department of State, in California to achieve increased water BOUCHER, Mr. SMITH of Texas, Ms. transmitting notification that the President yield and environmental benefits, as well as JACKSON-LEE of Texas, Mr. OXLEY, proposes to exercise his authority under sec- improved water system reliability, water Mr. LAFALCE, Mr. LEACH, Mr. WOLF, tion 614(a)(1) of the Foreign Assistance Act quality, water use efficiency, watershed Mr. ROEMER, Mr. GIBBONS, Mr. BACH- of 1961, as amended (the ‘‘Act’’), to authorize management, water transfers, and levee pro- US, Mrs. JO ANN DAVIS of Virginia, the provision of additional funds to Paki- tection; to the Committee on Resources, and Mr. DUNCAN, Mr. FLETCHER, Mr. stan, pursuant to 22 U.S.C. 2364(a)(1); jointly in addition to the Committee on Transpor- FORBES, Mr. GOODE, Mr. GRAHAM, Mr. tation and Infrastructure, for a period to be to the Committees on International Rela- LEWIS of Kentucky, Mr. PITTS, Mr. subsequently determined by the Speaker, in tions and Appropriations. ROGERS of Michigan, Mr. SHADEGG, each case for consideration of such provi- 4496. A letter from the Fiscal Assistant Mr. SWEENEY, Mr. TAUZIN, Mr. sions as fall within the jurisdiction of the Secretary, Department of the Treasury, VITTER, Mr. WAMP, Mr. PETERSON of committee concerned. transmitting the Department’s annual re- Pennsylvania, Mrs. KELLY, and Mr. By Mr. SMITH of Texas (for himself, ports in the March 2000, March 2001, and June HASTINGS of Florida): Mr. SENSENBRENNER, Mr. CONYERS, 2001 Treasury Bulletin, pursuant to 26 U.S.C. H.R. 3215. A bill to amend title 18, United Mr. WOLF, Mr. SCOTT, and Mr. FER- 9602(a); jointly to the Committees on Ways States Code, to expand and modernize the GUSON): and Means, Energy and Commerce, Transpor- prohibition against interstate gambling, and H.R. 3209. A bill to amend title 18, United tation and Infrastructure, Education and the for other purposes; to the Committee on the States Code, with respect to false commu- Workforce, Resources, and Agriculture. Judiciary. nications about certain criminal violations, By Mr. CASTLE: f and for other purposes; to the Committee on H.R. 3216. A bill to amend the Richard B. the Judiciary. Russell National School Lunch Act to ex- PUBLIC BILLS AND RESOLUTIONS By Mr. OXLEY (for himself, Mr. clude certain basic allowances for housing of Under clause 2 of rule XII, public BAKER, Mrs. ROUKEMA, Mr. BACHUS, an individual who is a member of the uni- bills and resolutions were introduced Mrs. KELLY, Mr. BENTSEN, Mr. ROYCE, formed services from the determination of Mr. MALONEY of Connecticut, Mr. and severally referred, as follows: eligibility for free and reduced price meals of LUCAS of Oklahoma, Mr. POMEROY, a child of the individual; to the Committee By Mr. COBLE (for himself and Mr. Mr. NEY, Mr. BARR of Georgia, Mr. on Education and the Workforce. BERMAN): GILLMOR, Mr. WELDON of Florida, Mr. By Mr. FORD: H.R. 3204. A bill to restore Federal rem- RYUN of Kansas, Mr. RILEY, Mr. H.R. 3217. A bill to allow consumers a tem- edies for infringements of intellectual prop- JONES of North Carolina, Mr. OSE, porary 2-week grace period for payment of erty by States, and for other purposes; to the Mrs. BIGGERT, Mr. GREEN of Wis- bills due to the extraordinary circumstances Committee on the Judiciary. consin, Mr. SHAYS, Mr. SHADEGG, Mr. resulting from the disruptions and general By Mr. CONYERS (for himself, Mr. FOSSELLA, Mr. GARY G. MILLER of uncertainty surrounding United States mail, GRAVES, Mr. BERMAN, and Mr. CAN- California, Mr. CANTOR, Mr. GRUCCI, and for other purposes; to the Committee on NON): Mr. FERGUSON, Mr. ROGERS of Michi- Financial Services. H.R. 3205. A bill to enhance the border se- gan, Mr. TIBERI, Mr. FOLEY, and Mr. By Mr. KANJORSKI (for himself, Mrs. curity of the United States, and for other ISSA): CUBIN, Mr. SHERWOOD, Mr. NEY, Mr. purposes; to the Committee on the Judici- H.R. 3210. A bill to ensure the continued fi- HOLDEN, Mr. GEKAS, Ms. KAPTUR, Ms. ary, and in addition to the Committees on nancial capacity of insurers to provide cov- HART, Mr. MURTHA, and Mr. BORSKI): Intelligence (Permanent Select), Inter- erage for risks from terrorism; to the Com- H.R. 3218. A bill to amend the Internal Rev- national Relations, Government Reform, mittee on Financial Services, and in addi- enue Code of 1986 to allow a credit against Ways and Means, and Transportation and In- tion to the Committees on Ways and Means, income tax to holders of bonds issued to fi- frastructure, for a period to be subsequently and the Budget, for a period to be subse- nance land and water reclamation of aban- determined by the Speaker, in each case for quently determined by the Speaker, in each doned mine land areas; to the Committee on consideration of such provisions as fall with- case for consideration of such provisions as Ways and Means. in the jurisdiction of the committee con- fall within the jurisdiction of the committee By Mr. LINDER (for himself, Mr. cerned. concerned. CHAMBLISS, and Ms. HARMAN): By Mrs. ROUKEMA: By Mr. TOOMEY (for himself, Mr. H.R. 3219. A bill to enable the Centers for H.R. 3206. A bill to authorize the Govern- LEACH, Mr. KANJORSKI, Mr. OXLEY, Disease Control and Prevention to carry out ment National Mortgage Association to Mr. LAFALCE, and Mr. BAKER): its responsibilities efficiently, including guarantee securities backed by certain con- H.R. 3211. A bill to revise the banking and with regard to responding to bioterrorism, ventional mortgages; to the Committee on bankruptcy insolvency laws with respect to by authorizing additional appropriations for Financial Services. the termination and netting of financial con- designing, constructing, and equipping new

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facilities and renovating existing facilities of Secretary of Agriculture and the Secretary H.R. 2121: Mr. BERMAN, Mr. ACKERMAN, Mr. such Centers, and for other purposes; to the of Health and Human Services should work BROWN of Ohio, and Mr. BEREUTER. Committee on Energy and Commerce. to improve cooperation and eliminate dupli- H.R. 2166: Ms. ESHOO and Mr. LEWIS of By Mr. PAUL: cation in the area of food safety inspection, Georgia. H.R. 3220. A bill to improve aviation secu- and for other purposes; to the Committee on H.R. 2173: Mr. PRICE of North Carolina. rity, and for other purposes; to the Com- Agriculture, and in addition to the Com- H.R. 2308: Mr. CARSON of Oklahoma. mittee on Transportation and Infrastruc- mittee on Energy and Commerce, for a pe- H.R. 2329: Ms. VELAZQUEZ. ture, and in addition to the Committees on riod to be subsequently determined by the H.R. 2357: Mr. CANNON, Mr. HERGER, and the Judiciary, Ways and Means, and Rules, Speaker, in each case for consideration of Mr. NETHERCUT. for a period to be subsequently determined such provisions as fall within the jurisdic- H.R. 2380: Ms. WOOLSEY, Mr. LANTOS, Ms. by the Speaker, in each case for consider- tion of the committee concerned. JACKSON-LEE of Texas, Mrs. MEEK of Florida, ation of such provisions as fall within the ju- By Mr. BILIRAKIS (for himself, Ms. Ms. DEGETTE, and Ms. HARMAN. risdiction of the committee concerned. BALDWIN, and Mr. CROWLEY): H.R. 2395: Mr. MR. RANGEL. By Mrs. ROUKEMA: H. Con. Res. 259. Concurrent resolution ex- H.R. 2578: Mr. BECERRA, Mrs. DAVIS of Cali- H.R. 3221. A bill to establish a temporary pressing the sense of Congress regarding the fornia, Mrs. CLAYTON, Mr. DINGELL, Mr. moratorium on the issuance of visas for non- relief efforts undertaken by charitable orga- FRANK, Mr. FROST, and Mr. OWENS. immigrant foreign students and other ex- nizations and the people of the United States H.R. 2610: Mrs. JOHNSON of Connecticut, change program participants and to improve in the aftermath of the terrorist attacks Mr. ROGERS of Michigan, Mr. PRICE of North reporting requirements for universities against the United States that occurred on Carolina, Mr. LANTOS, Mr. QUINN, and Mr. under the foreign student monitoring pro- BISHOP. gram; to the Committee on the Judiciary. September 11, 2001; to the Committee on Transportation and Infrastructure. H.R. 2623: Mr. CAPUANO and Mr. OWENS. By Mr. TANCREDO: H.R. 2638: Ms. RIVERS. H.R. 3222. A bill to limit the number of H1– By Ms. WATERS (for herself, Ms. LEE, H.R. 2706: Mr. THOMPSON of California. B nonimmigrant visas issued in any fiscal Mr. KUCINICH, Mr. RANGEL, Mr. JACK- H.R. 2768: Mr. CROWLEY and Mr. STENHOLM. year; to the Committee on the Judiciary. SON of Illinois, and Ms. KILPATRICK): H.R. 2799: Mr. RODRIGUEZ. By Mr. UDALL of New Mexico (for H. Con. Res. 260. Concurrent resolution ex- H.R. 2850: Mr. NEY. himself, Mrs. WILSON, Mr. KILDEE, pressing the sense of the Congress that the H.R. 2887: Mr. LANTOS. Mr. YOUNG of Alaska, Mr. SKEEN, Mr. trade and economic development policies of H.R. 2897: Mr. RANGEL. KENNEDY of Rhode Island, Mr. the United States should respect and support H.R. 2902: Mr. FILNER. HAYWORTH, Mr. GEORGE MILLER of the rights of African farmers with respect to H.R. 2908: Mrs. MCCARTHY of New York. California, and Mr. THOMPSON of Cali- their agricultural and biological resources, traditional knowledge, and technologies; to H.R. 2945: Mr. ISRAEL. fornia): H.R. 2946: Mr. KING, Mr. SERRANO, and Mrs. H.R. 3223. A bill to authorize the Secretary the Committee on International Relations, ROYBAL-ALLARD. of the Interior, through the Bureau of Rec- and in addition to the Committee on Ways H.R. 2964: Mr. COOKSEY. lamation, to construct the Jicarilla Apache and Means, for a period to be subsequently H.R. 2969: Mr. CROWLEY. Nation Municipal Water Delivery and Waste- determined by the Speaker, in each case for H.R. 2980: Mr. LOBIONDO. water Collection Systems in the State of consideration of such provisions as fall with- H.R. 2989: Mrs. LOWEY, Mr. TIBERI, Mr. New Mexico, and for other purposes; to the in the jurisdiction of the committee con- KENNEDY of Rhode Island, and Mr. ISAKSON. Committee on Resources. cerned. H.R. 2999: Ms. NORTON and Mr. CLAY. By Mrs. WILSON (for herself, Mr. f H.R. 3006: Mr. HOSTETTLER, Mr. RYUN of SKEEN, and Mr. GIBBONS): Kansas, Mr. SCHAFFER, Mr. VITTER, Mr. H.R. 3224. A bill to amend the Safe Drink- ADDITIONAL SPONSORS ing Water Act to establish a program to pro- TANCREDO, Mr. FORBES, and Mr. MCCRERY. vide assistance to small communities for use Under clause 7 of rule XII, sponsors H.R. 3011: Mr. TOWNS. in carrying out projects and activities nec- were added to public bills and resolu- H.R. 3012: Mr. POMEROY. essary to achieve or maintain compliance tions as follows: H.R. 3014: Mr. MALONEY of Connecticut, Mr. MCNULTY, Mr. FROST, Mrs. MINK of Hawaii, with drinking water standards; to the Com- H.R. 28: Mr. MCINTYRE. mittee on Energy and Commerce. Mrs. MALONEY of New York, Mr. TIERNEY, H.R. 162: Ms. LEE and Mr. BRADY of Penn- and OWENS. By Ms. JACKSON-LEE of Texas: sylvania. H.R. 3225. A bill to express the sense of H.R. 3026: Mrs. CAPPS, Mr. LUTHER, and Mr. H.R. 303: Mr. OSBORNE. Congress that a uniform standard for declar- STUPAK. H.R. 424: Mrs. JONES of Ohio and Mr. CAL- ing levels of alert in cases of emergencies H.R. 3030: Mr. CALVERT and Mr. OSBORNE. VERT. should be developed for Federal agencies, H.R. 3041: Mr. KELLER. H.R. 440: Mr. UNDERWOOD. and to require the Comptroller General to H.R. 3046: Mr. BARCIA, Mr. SIMMONS, and H.R. 525: Mr. BAIRD. conduct a study of how such a uniform Ms. BROWN of Florida. H.R. 783: Mr. SIMMONS. standard may be implemented; to the Com- H.R. 3054: Mr. BURTON of Indiana, Mr. H.R. 848: Mr. BOUCHER and Mr. FLETCHER. mittee on Transportation and Infrastruc- SERRANO, Mr. WALSH, Mr. OBERSTAR, Ms. H.R. 951: Mr. SHUSTER and Mr. SAXTON. ture. VELAZQUEZ, Mr. ENGEL, Mr. JONES of North H.R. 959: Ms. MILLENDER-MCDONALD. By Ms. JACKSON-LEE of Texas: Carolina, Mr. BLAGOJEVICH, Mrs. MCCARTHY H.R. 3226. A bill to direct the Comptroller H.R. 975: Mr. KIRK. of New York, Mr. PASCRELL, Ms. BERKLEY, General of the United States to conduct a H.R. 1051: Mr. BORSKI. Mr. MASCARA, Mr. JACKSON of Illinois, Mr. study regarding children directly affected by H.R. 1143: Mr. EVANS. DEFAZIO, Mr. SABO, Mr. CUMMINGS, Mr. CAR- the terrorist attacks against the United H.R. 1169: Mr. GONZALEZ and Mr. BACA. SON of Oklahoma, Mr. SIMMONS, Mr. BOS- States on September 11, 2001; to the Com- H.R. 1178: Mrs. WILSON. WELL, Ms. MCKINNEY, Mr. MANZULLO, Mr. mittee on Education and the Workforce. H.R. 1202: Mr. BOUCHER and Mr. BORSKI. GRUCCI, Mr. FOLEY, Ms. MILLENDER-MCDON- By Ms. JACKSON-LEE of Texas: H.R. 1287: Ms. MCKINNEY. ALD, and Mr. FOSSELLA. H.R. 3227. A bill to amend the Safe Drink- H.R. 1296: Mr. SHUSTER. H.R. 3062: Mr. SCHAFFER and Mr. REY- ing Water Act to provide for research on H.R. 1331: Mr. CRAMER. NOLDS. methods to combat biological contamination H.R. 1354: Mr. MASCARA. H.R. 3067: Ms. HOOLEY of Oregon and Mr. of public drinking water supplies, and for H.R. 1356: Mr. SMITH of Washington. LARSEN of Washington. other purposes; to the Committee on Energy H.R. 1436: Mr. DAVIS of Illinois, Mr. JACK- H.R. 3072: Mr. WATT of North Carolina and and Commerce. SON of Illinois, and Mrs. LOWEY. Mrs. CLAYTON. By Mr. SMITH of Michigan (for him- H.R. 1522: Mr. GORDON. H.R. 3077: Mr. BARR of Georgia. self, Mrs. CLAYTON, Mr. HOSTETTLER, H.R. 1606: Mr. UDALL of Colorado and Mr. H.R. 3088: Mr. KNOLLENBERG, Mr. LEWIS of Mr. BARTLETT of Maryland, Mr. MCGOVERN. California, Mr. SAXTON, Mr. HUNTER, Mr. WATTS of Oklahoma, Mr. EHLERS, Mr. H.R. 1810: Mr. CAPUANO and Mrs. DAVIS of SMITH of Michigan, Mr. GEKAS, Mr. ISSA, and LEWIS of Kentucky, Mr. FLETCHER, Illinois. Mr. LOBIONDO. Mr. GREENWOOD, Mr. MANZULLO, Mr. H.R. 1822: Mr. LARSEN of Washington. H.R. 3094: Mr. ENGLISH. GUTKNECHT, Mr. BEREUTER, Mr. H.R. 1841: Mr. FORBES, Mr. BECERRA, and H.R. 3101: Mr. MOORE and Mr. UNDERWOOD. SHAYS, Ms. BROWN of Florida, Mr. Mr. MEEHAN. H.R. 3103: Mr. WYNN. HOYER, Mr. PETERSON of Minnesota, H.R. 1948: Mr. DAVIS of Illinois and Mr. H.R. 3105: Mr. ARMEY. Mr. PAUL, Mr. PITTS, Mr. ROHR- PALLONE. H.R. 3106: Mr. SERRANO, Mrs. MINK of Ha- ABACHER, Mrs. JO ANN DAVIS of Vir- H.R. 1956: Mr. HOLDEN, Mr. JEFFERSON, and waii, and Mr. RANGEL. ginia, Mr. KERNS, Mr. FLAKE, Mr. Mr. WICKER. H.R. 3110: Ms. JACKSON-LEE of Texas, Ms. CANTOR, Mr. ISSA, Mrs. NAPOLITANO, H.R. 1975: Mr. PRICE of North Carolina. ESHOO, and Mr. ISRAEL. Mr. BLUMENAUER, Mr. COX, Mr. WU, H.R. 1978: Ms. LEE. H.R. 3111: Mr. LIPINSKI. Mr. BARCIA, and Mr. CHABOT): H.R. 2071: Mr. CLYBURN. H.R. 3113: Mr. UNDERWOOD, Mr. WAXMAN, H. Con. Res. 258. Concurrent resolution ex- H.R. 2117: Mr. DICKS. Ms. SLAUGHTER, and Mr. HONDA. pressing the sense of the Congress that the H.R. 2118: Mr. KENNEDY of Rhode Island. H.R. 3130: Mrs. MORELLA.

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H.R. 3131: Mr. JOHN, Mr. PRICE of North Florida, Mr. SAWYER, Mr. ALLEN, and Mr. H. Res. 243: Mr. SOUDER. Carolina, Mr. LANTOS, and Ms. SOLIS. SHAYS. H. Res. 255: Mr. BENTSEN, Mr. DEFAZIO, Mr. H.R. 3161: Mrs. DAVIS of California, Ms. H.J. Res. 67: Mr. HOLT, Mr. MATESON, Mr. FRANK, Mrs. LOWEY, Mr. OSBORNE, Ms. RIV- RIVERS, and Mr. BOSWELL. SMITH of Washington, Mr. LEACH, Mr. RYAN ERS, Mr. ROTHMAN, and Mr. TERRY. H.R. 3163: Mr. PALLONE, Mr. ENGEL, and of Wisconsin, Mr. SIMMONS, Mr. ABER- f Mr. MCNULTY. CROMBIE, Mr. WEINER, Mr. CAPUANO, Ms. H.R. 3166: Ms. KAPTUR and Mr. UNDERWOOD. HOOLEY of Oregon, Mr. SHOWS, Mr. UDALL of DELETIONS OF SPONSORS FROM H.R. 3167: Mr. BILIRAKIS. Colorado, Mr. MURTHA, Mr. BROWN of Ohio, PUBLIC BILLS AND RESOLUTIONS H.R. 3175: Mr. RAHALL, Mrs. ROUKEMA, and Mr. STUPAK, Mr. FARR of California, Ms. Mr. GRUCCI. PELOSI, Mr. WAXMAN, Ms. ESHOO, Ms. WA- Under clause 7 of rule XII, sponsors H.R. 3181: Mr. DEAL of Georgia, Mr. STUMP, TERS, Mr. PETERSON of Minnesota, Mr. were deleted from public bills and reso- and Mr. GOODE. LANGEVIN, Mr. BARCIA, Mr. FATTAH, Mr. H.R. 3188: Mr. BECERRA and Mr. LEWIS of lutions as follows: HOEFFEL, Ms. HART, and Mr. UDALL of New Georgia. H.R. 981: Mr. CALLAHAN, Mr. KOLBE, Mrs. Mexico. H.R. 3194: Mr. BONIOR, Mr. CROWLEY, Mr. NORTHUP, Mr. SKEEN, Mr. LAHOOD, and Mr. H. Con. Res. 26: Mr. DOYLE. MOORE, Mr. GONZALEZ, Mr. BROWN of Ohio, GOODE. H. Con. Res. 181: Ms. BALDWIN and Mr. KIL- Mr. ISRAEL, Mr. DAVIS of Illinois, Mr. FORD, DEE. f Mr. PASTOR, Mr. UDALL of New Mexico, Mr. H. Con. Res. 220: Mr. STUMP. EVANS, Mr. HOYER, Mr. KIND, Mr. MCINTYRE, H. Con. Res. 228: Ms. NORTON. AMENDMENTS Mr. HOLDEN, Ms. MCCOLLUM, Mr. PASCRELL, H. Con. Res. 238: Ms. CARSON of Indiana. Under clause 8 of rule XVIII, pro- Mr. KLECZKA, Mr. DOYLE, Mr. BAIRD, Mr. H. Con. Res. 242: Mr. BERMAN, Ms. MCCAR- posed amendments were submitted as LARSON of Connecticut, Mr. HASTINGS of THY of Missouri, Ms. KAPTUR, Mr. GILMAN, Florida, Mr. BALDACCI, Mr. LANGEVIN, Mr. Ms. DELAURO, Mr. PUTNAM, Mr. OXLEY, Mr. follows: RAHALL, Ms. KAPTUR, Mr. BORSKI, Mr. HOLT, ROHRABACHER, Mr. SMITH of New Jersey, Mr. DOD APPROPRIATIONS BILL Mr. MASCARA, Mr. MCDERMOTT, Ms. BEREUTER, Mr. GALLEGLY, Mr. CHABOT, Mr. OFFERED BY: MR. FILNER DELAURO, Mr. CONYERS, Mr. FRANK, Mr. ACKERMAN, Mr. BALLENGER, Mr. MARKEY, Mr. AMENDMENT NO. 3: In title X (the emer- NEAL of Massachusetts, Mr. OLVER, Ms. HOEFFEL, Ms. PELOSI, Ms. BERKLEY, Mr. gency supplemental provisions), in the item SCHAKOWSKY, Mr. MALONEY of Connecticut, PAYNE, Mr. HILLIARD, Ms. LEE, Mr. WEXLER, relating to ‘‘DEPARTMENT OF JUSTICE— Mr. INSLEE, Ms. HOOLEY of Oregon, Mrs. Mrs. NAPOLITANO, Mr. LEACH, and Mr. ROYCE. IMMIGRATION AND NATURALIZATION SERVICE— THURMAN, Mr. BRADY of Pennsylvania, Mr. H. Con. Res. 249: Mr. TOWNS, Mr. MEEKS of SALARIES AND EXPENSES’’, insert before the CLEMENT, Mr. TAYLOR of Mississippi, Ms. New York, Mr. ENGEL, Ms. SLAUGHTER, Mr. period at the end the following: LOFGREN, Ms. BERKLEY, Mr. RODRIGUEZ, Mr. WYNN, Mr. SERRANO, and Mr. NADLER. EDWARDS, Mr. GREEN of Texas, Mr. GUTIER- H. Con. Res. 254: Mr. DOYLE, Mr. PETERSON : Provided, That, of the amount provided REZ, Mr. BLUMENAUER, Mr. MEEKS of New of Pennsylvania, Ms. HART, Mr. ENGLISH, Mr. under this heading, $20,000,000 shall be for the York, Mr. SHOWS, Mr. ACKERMAN, Mr. WATT SHUSTER, Mr. SHERMAN, and Mr. PLATTS. hiring of additional inspectors for the United of North Carolina, Mr. LYNCH, Mr. BENTSEN, H. Con. Res. 256: Mr. VISCLOSKY and Mr. States-Mexico border to respond to increased Ms. LEE, Mr. CUMMINGS, Mr. HOEFFEL, Mr. DOYLE. security needs and to maintain the max- KANJORSKI, Mr. SANDLIN, Mr. VISCLOSKY, Mr. H. Res. 98: Mr. LANTOS and Mr. OWENS. imum number of border inspection lanes BERRY, Mr. MORAN of Virginia, Mr. REYES, H. Res. 224: Mr. MENENDEZ. open while providing the maximum amount Mr. OSE, Mr. KING, Mr. JOHN, Mrs. MEEK of H. Res. 235: Mr. ENGEL and Mr. OWENS. of security for the United States.

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate agreed to the conference reports on Energy and Water Develop- ment Appropriations, Treasury, Postal Service, and General Govern- ment Appropriations, and the Legislative Branch Appropriations. The House passed H.R. 3150, Airport Security Federalization Act. The House agreed to the conference report on H.R. 2647, Legislative Branch Appropriations. The House agreed to the conference report on H.R. 2311, Energy and Water Appropriations. Senate Inhofe Amendment No. 2018, to amend the fund- Chamber Action ing levels for certain activities under the Impact Aid Routine Proceedings, pages S11299–S11398 program under the Elementary and Secondary Edu- Measures Introduced: Nineteen bills and two reso- cation Act of 1965. Page S11324 lutions were introduced, as follows: S. 1609–1627, Reid (for Bingaman/Domenici) Amendment No. and S. Res. 175–176. Page S11362 2062, to provide for an election of an annuity under Measures Reported: section 377 of title 28, United States Code, for any S. 1428, to authorize appropriations for fiscal year qualified magistrate judge. Pages S11324–26 2002 for intelligence and intelligence-related activi- Reid (for Sessions/Helms) Amendment No. 2063, ties of the United States Government, the Commu- to require the Inspector General of the Department nity Management Account of the Director of Central of Health and Human Services to audit all Federal Intelligence, and the Central Intelligence Agency amounts allocated for AIDS prevention programs and Retirement and Disability System, with amend- to report to Congress concerning programs offering ments. (S. Rept. No. 107–92) Page S11361 sexually explicit workshops using any of such Measures Passed: amounts. Pages S11324–26 Reid (for Sessions) Amendment No. 2064, to pro- Honoring Penn State Coach Joe Paterno: Senate agreed to S. Res. 175, honoring Penn State football vide for a study and report regarding Federal student loan disbursements to students attending foreign coach Joe Paterno. Page S11309 schools. Pages S11324–26 Labor/HHS/Education Appropriations Act: Senate Reid (for Brownback/Roberts) Amendment No. continued consideration of H.R. 3061, making ap- 2065, to provide clarifying language regarding Sec- propriations for the Departments of Labor, Health tion 134 of H.R. 2217, with respect to Indian gam- and Human Services, and Education, and related ing industry. Pages S11324–26 agencies for the fiscal year ending September 30, 2002, taking action on the following amendments Reid (for Clinton) Amendment No. 2066, to pro- vide funding for services for children relating to cri- proposed thereto: Pages S11300–09, S11310–17, S11320–29, S11340–44, S11345–51 ses. Pages S11324–26 Adopted: Reid (for Torricelli) Amendment No. 2067, to ex- By 81 yeas to 19 nays (Vote No. 317), Landrieu press the sense of the Senate concerning the provi- Amendment No. 2058, to redistribute certain funds sions of assistance for airport career centers to enable under title I of the Elementary and Secondary Edu- such centers to serve workers in the airline and re- cation Act of 1965. Pages S11308–09, S11310–14, S11315 lated industries who have been dislocated as a result D1081

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of the September 11, 2001 attack on the World ing public safety workers affected by the terrorist at- Trade Center. Pages S11324–26 tacks of September 11, 2001. Pages S11350–51 Reid (for Torricelli) Amendment No. 2068, to ex- Harkin (for Hatch/Reid/Domenici) Amendment press the sense of the Senate concerning assistance No. 2083, to provide funding for cancer prevention for individuals with disabilities who require voca- and screening programs under the Radiation Expo- tional rehabilitation services as a result of the Sep- sure Compensation Act Amendments of 2000. tember 11, 2001 attack on the World Trade Center. Pages S11350–51 Pages S11324–26 Harkin (for Bingaman) Amendment No. 2084, to Reid (for Torricelli) Amendment No. 2069, to ex- provide funding for Hispanic education programs. press the sense of the Senate regarding reimburse- Pages S11350–51 ment of certain hospitals testing and treating indi- Harkin (for Smith (NH)) Amendment No. 2085, viduals for exposure to anthrax. Pages S11324–26 to express the sense of the Senate concerning research Reid (for Torricelli) Amendment No. 2070, to ex- on, and services for individuals with, post-abortion press the sense of the Senate regarding lead poi- depression and psychosis. Pages S11350–51 soning screenings and treatments under the medicaid Harkin (for Lieberman) Amendment No. 2086, to program. Pages S11324–26 Reid (for Torricelli) Amendment No. 2071, to ex- amend the Public Health Service Act to provide a press the sense of the Senate that States should be short title for a children’s traumatic stress program. authorized to use SCHIP funds for lead poisoning Pages S11350–51 screenings and treatments. Pages S11324–26 Harkin Amendment No. 2087, to modify the cal- Reid (for Torricelli) Amendment No. 2072, to ex- culation of State expenditures for eligible States press the sense of the Senate that the Secretary of under title IV of the Higher Education Act of 1965. Health and Human Services should establish a bonus Pages S11350–51 program for improvement of childhood lead screen- Rejected: ing rates. Pages S11324–26 By 46 yeas to 54 nays (Vote No. 316), Gregg/ Subsequently, the amendment was modified. DeWine Amendment No. 2056, to provide funding Pages S11324–26, S11345 for targeted grants under the Elementary and Sec- Reid (for Specter) Amendment No. 2073, to ondary Education Act of 1965. strike provisions regarding allowable use of federal Pages S11300–08, S11314–15 funds for stem cell research. Pages S11324–26 By 40 yeas to 59 nays (Vote No. 318), Hutch- Harkin (for Miller) Amendment No. 2076, to inson/Nickles Amendment No. 2074, to prohibit the provide current year funding for the National Skills use of funds under the National Labor Relations Act Standards Board. Pages S11350–51 for the finding of unfair labor practices relating to Harkin Amendment No. 2077, to provide for ad- certain no-solicitation or no-access rules. ministrative expenses reduction from departmental Pages S11326–29 management for the Department of Labor, Depart- Kyl Amendment No. 2075, to provide that the ment of Health and Human Services, and the De- Federal government give priority to Indian, Military partment of Education. Pages S11350–51 and Impact Aid schools when it allocates funds for Harkin (for Feingold) Amendment No. 2078, to school renovation and repair. (By 57 yeas to 41 nays provide for increased funding for automatic external (Vote No. 319), Senate tabled the amendment.) defibrillators in rural communities, offset by admin- Page S11341 istrative cost reductions. Pages S11350–51 Pending: Harkin (for Graham) Amendment No. 2079, to provide additional funding to carry out the Ecstasy Daschle Amendment No. 2044, to provide collec- tive bargaining rights for public safety officers em- Anti-Proliferation Act of 2000. Pages S11350–51 Harkin (for DeWine/Rockefeller) Amendment No. ployed by States or their political subdivisions. 2080, to increase the appropriation for the Pro- Page S11300 moting Safe and Stable Families program. Gramm Modified Amendment No. 2055 (to Pages S11350–51 Amendment No. 2044), to preserve the freedom and Harkin (for Landrieu) Amendment No. 2081, to constitutional rights of firefighters, law enforcement increase the appropriation for the Close Up Fellow- officers and public safety officers. ship Program. Pages S11350–51 Pages S11300, S11302 Harkin (for Clinton) Amendment No. 2082, to Energy and Water Development Appropria- make funding available under title V of the Public tions—Conference Report: By 96 yeas to 2 nays Health Service Act for mental health providers serv-

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(Vote No. 320), Senate agreed to the conference re- Special Political Affairs in the United Nations, with port on H.R. 2311, making appropriations for en- the rank of Ambassador. Page S11398 ergy and water development for the fiscal year end- Messages From the House: Page S11361 ing September 30, 2002, clearing the measure for Page S11300 the President. Pages S11333–37, S11338–40, S11344 Measures Placed on Calendar: Treasury, Postal Service, and General Govern- Executive Communications: Page S11361 ment Appropriations—Conference Report: By 83 Executive Reports of Committees: Pages S11361–62 yeas to 15 nays (Vote No. 321), Senate agreed to the Additional Cosponsors: Pages S11362–63 conference report on H.R. 2590, making appropria- tions for the Treasury Department, the United States Statements on Introduced Bills/Resolutions: Postal Service, the Executive Office of the President, Pages S11363–90 and certain Independent Agencies, for the fiscal year Additional Statements: Pages S11360–61 ending September 30, 2002, clearing the measure for Amendments Submitted: Pages S11390–96 the President. Pages S11329–33, S11344–45 Notices of Hearings/Meetings: Pages S11396–97 Legislative Branch Appropriations—Conference Report: Senate agreed to the conference report on Authority for Committees to Meet: Page S11397 H.R. 2647, making appropriations for the Legisla- Privilege of the Floor: Page S11397 tive Branch for the fiscal year ending September 30, Record Votes: Six record votes were taken today. 2002, clearing the measure for the President. (Total—321) Pages S11315, S11329, S11344–45 Pages S11397–98 Recess: Senate met at 10 a.m., and recessed at 8:09 Messages From the President: Senate received the p.m., until 10 a.m., on Friday, November 2, 2001. following messages from the President of the United States: Transmitting, pursuant to law, a notice stating Committee Meetings that the emergency declared with respect to the Government of Sudan on November 3, 1997 is to (Committees not listed did not meet) continue in effect beyond November 3, 2001; to the BUSINESS MEETING Committee on Banking, Housing, and Urban Affairs. (PM–53) Page S11361 Committee on Agriculture, Nutrition, and Forestry: On Transmitting, pursuant to law, the Periodic Re- Wednesday, October 31, Committee ordered favor- port on the National Emergency with respect to ably reported S. 1519, to amend the Consolidated Sudan for the period beginning May 2001 and end- Farm and Rural Development Act to provide farm ing October 2001; to the Committee on Banking, credit assistance for activated reservists. Housing, and Urban Affairs. (PM–54) Page S11361 Also, committee approved the credit title provi- sions, which will assist beginning farmers and ranch- Nominations Received: Senate received the fol- ers gain greater access to federal farm lending pro- lowing nominations: grams, of the new federal farm bill, and announced Kenneth P. Moorefield, of Florida, to be Ambas- the following subcommittee assignments: sador to the Gabonese Republic. Subcommittee on Production and Price Competitiveness: Frederick R. Heebe, of Louisiana, to be United Senators Conrad (Chairman), Daschle, Baucus, Lin- States Attorney for the Eastern District of Louisiana coln, Miller, Dayton, Roberts (Ranking Member), for the term of four years. Helms, Cochran, Fitzgerald, and McConnell. David Preston York, of Alabama, to be United Subcommittee on Marketing, Inspection, and Product States Attorney for the Southern District of Alabama Promotion: Senators Baucus (Chairman), Leahy, for the term of four years. Conrad, Lincoln, Nelson, Wellstone, Fitzgerald John D. Ong, of Ohio, to be Ambassador to Nor- (Ranking Member), Helms, Cochran, Roberts, and way. Thomas. Richard S. Williamson, of Illinois, to be an Alter- Subcommittee on Forestry, Conservation, and Rural Re- nate Representative of the United States of America vitalization: Senators Lincoln (Chairman), Leahy, to the Sessions of the General Assembly of the Daschle, Baucus, Stabenow, Dayton, Crapo (Ranking United Nations during his tenure of service as Alter- Member), McConnell, Thomas, Allard, and Hutch- nate Representative of the United States of America inson. for Special Political Affairs in the United Nations. Subcommittee on Research, Nutrition, and General Leg- Richard S. Williamson, of Illinois, to be Alternate islation: Senators Leahy (Chairman), Conrad, Miller, Representative of the United States of America for Stabenow, Ben Nelson, Wellstone, McConnell

VerDate 11-MAY-2000 00:18 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D01NO1.PT2 pfrm04 PsN: D01NO1 D1084 CONGRESSIONAL RECORD — DAILY DIGEST November 1, 2001 (Ranking Member), Allard, Hutchinson, Crapo, and Nelson, and Mr. Bement was introduced by Rep- Helms. resentative Morella. BUSINESS MEETING CLEAN POWER ACT Committee on Armed Services: Committee ordered favor- ably reported S. 1428, to authorize appropriations Committee on Environment and Public Works: Com- for fiscal year 2002 for intelligence and intelligence- mittee concluded hearings on S. 556, to amend the related activities of the United States Government, Clean Air Act to reduce emissions from electric pow- the Community Management Account of the Direc- erplants, focusing on the bill’s impact on the envi- tor of Central Intelligence, and the Central Intel- ronment, economy, energy supply, achievement of ligence Agency Retirement and Disability System, regulatory and statutory goals, including the Na- with an amendment. tional Ambient Air Quality Standards, and relevant costs and benefits, after receiving testimony from DEPOSIT INSURANCE REFORM: RETIREMENT ACCOUNTS Representative Boehlert; Jeffrey R. Holmstead, As- sistant Administrator for Air and Radiation, Envi- Committee on Banking, Housing, and Urban Affairs: ronmental Protection Agency; Mary J. Hutzler, Act- Subcommittee on Financial Institutions concluded ing Administrator, Energy Information Administra- oversight hearings to examine the expansion of fed- tion, Department of Energy; Michael O. Callaghan, eral deposit insurance coverage for retirement ac- West Virginia Department of Environmental Protec- counts, after receiving testimony from L. William tion, Charleston; Kenneth A. Colburn, New Hamp- Seidman, CNBC–TV, Washington, D.C., former shire Department of Environmental Services, Con- Chairman of the Federal Deposit Insurance Corpora- cord; David Ouimette, Colorado Department of Pub- tion and the Resolution Trust Corporation; Howell lic Health and the Environment, Denver; and Brock E. Jackson, Harvard Law School, Cambridge, Massa- chusetts; and Glenn C. Dahlke, Dahlke Financial M. Nicholson, North Carolina Department of Envi- Group, Glastonbury, Connecticut. ronment and Natural Resources, Raleigh. Hearings continue on Thursday, November 15. RAIL TRANSPORTATION SAFETY Committee on Commerce, Science, and Transportation: INFRASTRUCTURE SECURITY Committee concluded hearings to examine certain Committee on Environment and Public Works: Com- initiatives to provide improved safety and security mittee concluded hearings on legislative proposals to measures for the national rail transportation system, promote infrastructure security, chemical site secu- including related measures S. 1550 (pending on Sen- rity, and economic recovery for the city of New ate calendar), and S. 1530, after receiving testimony York, after receiving testimony from Michael D. from Senators Biden, Carper, Durbin, and Gramm; Brown, Acting Deputy Director, Federal Emergency Allan Rutter, Administrator, Federal Railroad Ad- Management Agency; F. Joseph Moravec, Commis- ministration, and Mark R. Dayton, Deputy Assistant Inspector General, both of the Department of Trans- sioner, Public Buildings Service, General Services portation; George D. Warrington, President and Administration; David A. Sampson, Assistant Sec- Chief Executive Officer, National Railroad Passenger retary of Commerce for Economic Development; Corporation (Amtrak); and Edward R. Hamburger, Richard A. Meserve, Chairman, Nuclear Regulatory Association of American Railroads, Frank Turner, Commission; Herbert L. Mitchell, Associate Admin- American Short Line and Regional Railroad Associa- istrator for Disaster Assistance, Small Business Ad- tion, and Edward Wytkind, Transportation Trades ministration; and Marianne L. Horinko, Assistant Department (AFL–CIO), all of Washington, D.C. Administrator, Office of Solid Waste and Emergency Response, Environmental Protection Agency. NOMINATIONS Committee on Commerce, Science, and Transportation: NOMINATION Committee concluded hearings on the nomination of Committee on Finance: Committee ordered favorably R. David Paulison, of Florida, to be Administrator reported the following business items: of the United States Fire Administration, Federal Emergency Management Agency, and the nomina- S. 942, to authorize the supplemental grant for tion of Arden Bement, Jr., of Indiana, to be Director population increases in certain states under the tem- of the National Institute of Standards and Tech- porary assistance to needy families program for fiscal nology, Department of Commerce, after the nomi- year 2002; and nees testified and answered questions in their own The nomination of Jo Anne Barnhart, of Dela- behalf. Mr. Paulison was introduced by Senator Bill ware, to be Commissioner of Social Security.

VerDate 11-MAY-2000 00:18 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D01NO1.PT2 pfrm04 PsN: D01NO1 November 1, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1085 BUSINESS MEETING Puerto Rico, to be Special Counsel for Immigration- Committee on Health, Education, Labor, and Pensions: Related Unfair Employment Practices, Sharee M. Committee ordered favorably reported the following Freeman, of Virginia, to be Director, Community business items: Relations Service, Leura Garrett Canary, to be S. 721, to amend the Public Health Service Act United States Attorney for the Middle District of to establish a Nurse Corps and recruitment and re- Alabama, Paul K. Charlton, to be United States At- tention strategies to address the nursing shortage, torney for the District of Arizona, Jeffrey Gilbert with an amendment in the nature of a substitute; Collins, to be United States Attorney for the Eastern S. 1597, to amend the Public Health Service Act District of Michigan, William S. Duffey, Jr., to be to establish programs to alleviate the nursing profes- United States Attorney for the Northern District of sion shortage, with an amendment in the nature of Georgia, Dunn Lampton, to be United States Attor- a substitute; and ney for the Southern District of Mississippi, Alice S. 1094, to amend the Public Health Service Act Howze Martin, to be United States Attorney for the to provide for research, information, and education Northern District of Alabama, William Walter Mer- with respect to blood cancer, with an amendment in cer, to be United States Attorney for the District of the nature of a substitute. Montana, Thomas E. Moss, to be United States At- torney for the District of Idaho, J. Strom Thurmond, NOMINATIONS Jr., to be the United States Attorney for the District Committee on the Judiciary: Committee ordered favor- of South Carolina, Maxwell Wood, to be United ably reported the nominations of Edith Brown Clem- States Attorney for the Middle District of Georgia, ent, of Louisiana, to be United States Circuit Judge and Drew Howard Wrigley, to be United States At- for the Fifth Circuit, M. Christina Armijo, to be torney for the District of North Dakota, all of the United States District Judge for the District of New Department of Justice. Mexico, Karon O. Bowdre, to be United States Dis- trict Judge for the Northern District of Alabama, INTELLIGENCE Stephen P. Friot, to be United States District Judge Select Committee on Intelligence: On Wednesday, Octo- for the Western District of Oklahoma, Larry R. ber 31, committee held closed hearings on intel- Hicks, to be United States District Judge for the ligence matters, receiving testimony from officials of District of Nevada; and Juan Carlos Benitez, of the intelligence community. h House of Representatives yea-and-nay vote of 421 yeas to 2 nays, Roll No. Chamber Action 415. Pages H7596–99 Measures Introduced: 24 public bills, H.R. Legislative Branch Appropriations Conference 3204–3227; and 3 resolutions, H. Con. Res. Report: The House agreed to the conference report 258–260, were introduced. Pages H7717–18 on H.R. 2647, making appropriations for the Legis- Reports Filed: No reports were filed today. lative Branch for the fiscal year ending September Journal: Agreed to the Speaker’s approval of the 30, 2002, by a yea-and-nay vote of 374 yeas to 52 Journal of Tuesday, Oct. 31 by a recorded vote of nays, Roll No. 417. Pages H7609–15, H7616–17 380 ayes to 33 noes with 1 voting ‘‘present’’, Roll H. Res. 273, the rule that waived points of order No. 418. Pages H7593, H7617 against the conference report was agreed to on Oct. Energy and Water Appropriations Conference 31, 2001. Report: The House agreed to the conference report Airport Security Federalization Act: The House on H.R. 2311, making appropriations for energy and passed H.R. 3150, to improve aviation security by water development for the fiscal year ending Sep- a yea-and-nay vote of 286 yeas to 139 nays, Roll tember 30, 2002, by a yea-and-nay vote of 399 yeas No. 425. Pages H7631–96 to 29 nays, Roll No. 416. By a yea-and-nay vote of 201 yeas to 227 nays, Pages H7599–H7609, H7615–16 Roll No. 424, rejected the Oberstar motion that Agreed to H. Res. 272, the rule that waived sought to recommit the bill to the Committee on points of order against the conference report by a Transportation and Infrastructure with instructions

VerDate 11-MAY-2000 00:18 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D01NO1.PT2 pfrm04 PsN: D01NO1 D1086 CONGRESSIONAL RECORD — DAILY DIGEST November 1, 2001 to report it back forthwith with an amendment in Presidential Messages: Read the following mes- the nature of a substitute that sought to establish sages from the President: the Transportation Security Enhancement Act and Continuation of the National Emergency Re create the Transportation Security Administration. Sudan: Message wherein he transmitted a notice Pages H7689–96 that the Sudan emergency is to continue in effect be- Agreed to the Young of Alaska amendment that yond November 3, 2001—referred to the Committee makes various technical changes, authorizes airlines on International Relations and ordered printed H. to use technologies to create a secure and expedited Doc. 107–140; and Pages H7699–H7700 passenger screening process, and extends $1.5 billion authorized for airport security to 2003 by a recorded Six Month Periodic Report on the National vote of 223 ayes to 202 noes, Roll No. 421. Emergency Re Sudan: Message wherein he trans- Pages H7656–61 mitted a 6 month periodic report on the National Rejected the Oberstar amendment No. 2 printed Emergency with respect to Sudan—referred to the in H. Rept. 107–264 that sought to incorporate the Committee on International Relations and ordered text of S. 1447, to improve aviation security, as printed H. Doc. 107–141. Page H7700 passed the Senate by a recorded vote of 214 ayes to Amendments: Amendment ordered printed pursu- 218 noes, Roll No. 423. Pages H7661–89 ant to the rule appears on page H7719. Earlier, during debate on the Oberstar amend- Quorum Calls—Votes: Six yea-and-nay votes and ment, rejected the DeFazio motion that the Com- five recorded votes developed during the proceedings mittee rise by a recorded vote of 11 ayes to 402 today and appear on pages H7598–99, H7615–16, noes, Roll No. 422. Pages H7681–82 H7616–17, H7617, H7628–29, H7629–30, H7661, The House agreed to H. Res. 274, the rule that H7681–82, H7688–89, H7695–96, and H7696. provided for consideration of the bill by voice vote. Earlier the House agreed to the Reynolds amend- Adjournment: The House met at 10 a.m. and ad- ment that makes in order substitute text in lieu of journed at 11:06 p.m. Young of Alaska amendment No. 1 printed in H. Rept. 107–264 by a recorded vote of 379 ayes to 50 Committee Meetings noes, Roll No. 420. Pages H7617–30 AMERICAN WORKER—RETIREMENT Earlier agreed to order the previous question on SECURITY amendment and the rule by a yea-and-nay vote of Committee on Education and the Workforce: Sub- 218 yeas to 207 nays, Roll No. 419. Pages H7628–29 committee on Employer-Employee Relations held a Legislative Program: The Majority Leader an- hearing on Retirement Security for the American nounced the Legislative program for the week of Worker: Opportunities and Challenges. Testimony Nov. 5. Pages H7696–97 was heard from William J. Scanlon, Director, Health Meeting Hour—Monday, Nov. 5: Agreed that Care Services, GAO; and public witnesses. when the House adjourns today, it adjourn to meet OSHA at 2 p.m. on Monday, Nov. 5, 2001 in pro forma Committee on Education and the Workforce: session. Page H7697 Sub- committee on Workforce Protections held a hearing Meeting Hour—Tuesday, Nov. 6: Agreed that on the Role of Consensus Standard Setting Organiza- when the House adjourns on Monday, Nov. 5 it ad- tions With OSHA. Testimony was heard from pub- journ to meet at 12:30 p.m. on Tuesday, Nov. 6, lic witnesses. 2001 for morning hour debate. Page H7697 BIOTERRORISM PREPAREDNESS Calendar Wednesday: Agreed to dispense with the PROGRAMS Calendar Wednesday business of Wednesday, Nov. 7. Page H7697 Committee on Energy and Commerce: Subcommittee on Oversight and Investigations held a hearing entitled Honoring the New Jersey State Law Enforce- ‘‘A Review of Federal Bioterrorism Preparedness Pro- ment Association: The House agreed to H. Res. grams: Building an Early Warning Public Health 224, honoring the New Jersey State Law Enforce- Surveillance System.’’ Testimony was heard from ment Officers Association. Pages H7696–99 Claire Broome, M.D., Senior Advisor, Integrated Center for Russian Leadership Development: The Health Information Systems, Office of the Director, Chair announced the Speaker’s appointment of Rep- Centers for Disease Control and Prevention, Depart- resentative Cramer to the Board of Trustees of the ment of Health and Human Services; Anita Barry, Center for Russian Leadership Development for a M.D., Director, Communicable Disease Control, term of three years. Page H7700 Public Health Service, State of Massachusetts; Arthur

VerDate 11-MAY-2000 00:34 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D01NO1.PT2 pfrm04 PsN: D01NO1 November 1, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1087 M.D., Director, Communicable Disease Control, SERVICES ACQUISITION REFORM Public Health Service, State of Massachusetts; Arthur Committee on Government Reform: Subcommittee on J. Davidson, M.D., Director, Public Health Technology and Procurement Policy held a hearing Informatics, Public Health Department, State of Col- on Moving Forward with Services Acquisition Re- orado; Alan P. Zelicoff, Senior Scientist, Center for form: A Legislative Approach to Utilizing Commer- National Security and Arms Control, Sandia Na- cial Best Practices. Testimony was heard from Wil- tional Laboratories; and public witnesses. liam Woods, Acting Director, Acquisition and Sourcing Management, GAO; Angela Styles, Admin- REFORMULATED GASOLINE—USE OF MTBE istrator, Office of Federal Procurement Policy, OMB; Committee on Energy and Commerce: Subcommittee on Stephen Perry, Administrator, GSA; Diedre Lee, Di- Oversight and Investigations held a hearing entitled rector, Procurement, Department of Defense; and ‘‘Issues Concerning the Use of MTBE in Reformu- public witnesses. lated Gasoline: An Update.’’ Testimony was heard MISCELLANEOUS MEASURES from Jeffery Holmstead, Assistant Administrator, Air Committee on International Relations: Ordered reported, and Radiation, EPA; Robert S. Kripowicz, Acting as amended, the following bills: H.R. 2998, Radio Assistant Secretary, Fossil Energy, Department of Free Afghanistan Act of 2001; H.R. 3167, Freedom Energy; John Stephenson, Director, Natural Re- Consolidation Act of 2001; and H.R. 3169, Inter- sources and Environment, GAO; Robert Hirsch, As- national Disability and Victims of Landmines, Civil sociate Director, Water, U.S. Geological Survey, De- Strife and Warfare Assistance Act of 2001. partment of the Interior; Denise Chamberlain, Dep- The Committee also favorably considered the fol- uty Secretary, Air, Recycling and Radiation Protec- lowing measures and adopted a motion urging the tion, Department of Environmental Protection, State Chairman to request that they be considered on the of Pennsylvania; and public witnesses. Suspension Calendar: H.R. 3189, Export Extension Act of 2001; H.R. 2121, Russian Democracy Act of DOT KIDS NAME ACT 2001; H. Con. Res. 102, Hunger to Harvest Resolu- Committee on Energy and Commerce: Subcommittee on tion: A Decade of Concern for Africa; H. Con. Res. Telecommunications and the Internet held a hearing 211, commending Daw Aung San Suu Kyi on the on H.R. 2417, Dot Kids Name Act of 2001. Testi- 10th anniversary of her receiving the Nobel Peace mony was heard from Nancy J. Victory, Adminis- Prize and expressing the sense of Congress with re- trator and Assistant Secretary, National Tele- spect to the Government of Burma; and H. Con. communications and Information Administration, Res. 242, recognizing Radio Free Europe/Radio Lib- Department of Commerce; and public witnesses. erty’s success in promoting democracy and its con- tinuing contribution to United States national inter- GIVING CONSUMERS CREDIT ests. Committee on Financial Services: Subcommittee on Fi- AFGHAN PEOPLE—AMERICA’S ASSISTANCE nancial Institutions and Consumer Credit held a Committee on International Relations: Held a hearing on hearing entitled ‘‘Giving Consumers Credit: How is America’s Assistance to the Afghan People. Testi- the Credit Industry Treating its Customers?’’ Testi- mony was heard from the following officials of the mony was heard from Dolores S. Smith, Director, Department of State: Andrew Natsios, Adminis- Division of Consumer and Community Affairs, Board trator, AID; and Alan Kreczko, Acting Assistant of Governors, Federal Reserve System; Elaine Kolish, Secretary, Bureau of Population, Refugees and Mi- Assistant Director, Bureau of Consumer Protection, gration; and public witnesses. Division of Enforcement, FTC; and public witnesses. BASIC PILOT EXTENSION ACT; PRIVATE RELIEF MEASURES NATIONAL VACCINE INJURY COMPENSATION PROGRAM Committee on the Judiciary: Subcommittee on Immi- gration and Claims approved for full Committee ac- Committee on Government Reform: Held a hearing enti- tion H.R. 3030, Basic Pilot Extension Act of 2001. tled ‘‘The National Vaccine Injury Compensation The Subcommittee also considered pending pri- Program: Is It Working as Congress Intended?’’ Tes- vate relief bills. timony was heard from Thomas Balbier, Director, Vaccine Injury Compensation Program, Department MISCELLANEOUS MEASURES of Health and Human Services; Paul Harris, Deputy Committee on Resources: Subcommittee on National Assistant Attorney General, Civil Division, Depart- Parks, Recreation and Public Lands held a hearing ment of Justice; and public witnesses. on the following bills: H.R. 1606, to amend section

VerDate 11-MAY-2000 00:18 Nov 03, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D01NO1.PT2 pfrm04 PsN: D01NO1 D1088 CONGRESSIONAL RECORD — DAILY DIGEST November 1, 2001 507 of the Omnibus Parks and Public Lands Man- TERRORIST ATTACKS—SSA’S RESPONSE agement Act of 1996 to authorize additional appro- Committee on Ways and Means, Subcommittee on So- priations for historically black colleges and univer- cial Security held a hearing on the SSA’s response to sities, to decrease the matching requirement related the September 11 terrorist attacks. Testimony was to such appropriations; and H.R. 2388, National heard from Representative Kelly; and the following Heritage Areas Policy Act of 2001. Testimony was officials of the SSA: Larry G. Massanari, Acting heard from Representative Clyburn; Katherine Ste- Commissioner; and James G. Huse Jr., Inspector venson, Associate Director, Cultural Resource Stew- General. ardship and Partnerships, National Park Service, De- partment of the Interior; and public witnesses. Joint Meetings BUDGET RESPONSIBILITY AND AUTHORIZATION—NATIONAL DEFENSE EFFICIENCY ACT Conferees met in closed session to resolve the dif- Committee on Rules: Ordered reported, as amended, ferences between the Senate and House passed H.R. 981, Budget Responsibility and Efficiency Act versions of S. 1438, to authorize appropriations for of 2001. fiscal year 2002 for military activities of the Depart- ment of Defense, for military constructions, and for U.S. ENERGY SECURITY defense activities of the Department of Energy, to Committee on Science: Subcommittee on Energy held a prescribe personnel strengths for such fiscal year for hearing on U.S. Energy Security: Options to De- the Armed Forces, but did not complete action crease Petroleum Use in the Transportation Sector. thereon, and recessed subject to call. Testimony was heard from David Garman, Assistant f Secretary, Energy Efficiency and Renewable Energy, Department of Energy; R. James Woolsey, former COMMITTEE MEETINGS FOR Director, CIA; and public witnesses. FRIDAY, NOVEMBER 2, 2001 (Committee meetings are open unless otherwise indicated) COMPETITIVE TELECOMMUNICATIONS SERVICES—SMALL BUSINESS ACCESS Senate Committee on Small Business: Subcommittee on Regu- Committee on Appropriations: Subcommittee on Labor, latory Reform and Oversight held a hearing on Health and Human Services, and Education, to hold hear- Small Business Access to Competitive Telecommuni- ings to examine issues concerning smallpox, 9 a.m., SD–192. cations Services. Testimony was heard from public Committee on Health, Education, Labor, and Pensions: Sub- witnesses. committee on Children and Families, to hold hearings to examine the support of children in times of crisis, 10 TEA 21 SUCCESS STORIES a.m., SD–106. Committee on Transportation and Infrastructure: Sub- committee on Highways and Transit held a hearing House on TEA 21 Success Stories. Testimony was heard Committee on Government Reform, Subcommittee on the from Pete K. Rahn, Secretary, State Highway and District of Columbia, hearing on ‘‘Emergency Prepared- Transportation Department, State of New Mexico; ness in the Nation’s Capital,’’ 10 a.m., 2154 Rayburn. William D. Ankner, Director, Department of Trans- Joint Meetings portation, State of Rhode Island; David A. Galt, Di- Joint Economic Committee: to hold hearings on the em- rector of Highways, Department of Transportation, ployment-unemployment situation for October, focusing State of Montana; Joseph L. Perkins, Commissioner, on the Bureau of Labor Statistics employment data for in- Department of Transportation and Public Facilities, dustry sectors such as manufacturing, construction, and State of Alaska; Jeffrey A. Warsh, Executive Direc- services, and evaluate the economic situation following tor, Transit, State of New Jersey; and public wit- the events of September 11, 9:30 a.m., 2360 Rayburn nesses. Building.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED SEVENTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 3 through October 31, 2001 January 3 through October 31, 2001

Senate House Total Civilian nominations, totaling 826, disposed of as follows: Days in session ...... 144 116 . . Confirmed ...... 425 ′ Time in session ...... 1,023 hrs. 735 hrs., 39 .. Unconfirmed ...... 172 Congressional Record: Withdrawn ...... 67 Pages of proceedings ...... 11,297 7,592 . . Returned to White House ...... 162 Extensions of Remarks ...... 1,978 . . Public bills enacted into law ...... 15 43 58 Other Civilian nominations totaling 2,099, disposed of as follows: Private bills enacted into law ...... 1 . . 1 Confirmed ...... 1,188 Bills in conference ...... 14 10 . . Unconfirmed ...... 660 Measures passed, total ...... 287 419 706 Returned to White House ...... 251 Senate bills ...... 56 13 . . Air Force nominations, totaling 6,780, disposed of as follows: House bills ...... 55 184 . . Senate joint resolutions ...... 7 5 . . Confirmed ...... 6,726 House joint resolutions ...... 8 12 . . Unconfirmed ...... 8 Senate concurrent resolutions ...... 28 4 . . Returned to White House ...... 46 House concurrent resolutions ...... 30 64 . . Army nominations, totaling 6,138, disposed of as follows: Simple resolutions ...... 103 137 . . Confirmed ...... 5,939 Measures reported, total ...... 174 247 421 Unconfirmed ...... 91 Senate bills ...... 102 2 . . Returned to White House ...... 108 House bills ...... 19 155 . . Senate joint resolutions ...... 5 . . . . Navy nominations, totaling 5,591, disposed of as follows: House joint resolutions ...... 5 . . Confirmed ...... 5,518 Senate concurrent resolutions ...... 12 . . . . Unconfirmed ...... 44 House concurrent resolutions ...... 11 . . Returned to White House ...... 29 Simple resolutions ...... 36 74 . . Special reports ...... 20 8 . . Marine Corps nominations, totaling 3,611, disposed of as follows: Conference reports ...... 9 . . Confirmed ...... 3,571 Measures pending on calendar ...... 98 46 . . Unconfirmed ...... 19 Measures introduced, total ...... 1,880 3,807 5,687 Returned to White House ...... 21 Bills ...... 1,600 3,203 . . Joint resolutions ...... 26 71 . . Summary Concurrent resolutions ...... 80 257 . . Total Nominations carried over from the First Session ...... 0 Simple resolutions ...... 174 276 . . Total Nominations Received this Session ...... 25,045 Quorum calls ...... 3 4 . . Total Confirmed ...... 23,367 Yea-and-nay votes ...... 315 237 . . Total Unconfirmed ...... 994 Recorded votes ...... 173 . . Total Withdrawn ...... 67 Bills vetoed ...... Total Returned to White House ...... 617 Vetoes overridden ......

* These figures include all measures reported, even if there was no accom- panying report. A total of 91 reports have been filed in the Senate, a total of 264 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, November 2 2 p.m., Monday, November 5

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Monday: Pro forma session. ing business.

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