[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[House]
[Pages H9886-H9896]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AVIATION SECURITY AND ANTITERRORISM ACT OF 1996
Mr. COX of California. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 3953) to combat terrorism.
The Clerk read as follows:
H.R. 3953
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Aviation
Security and Antiterrorism Act of 1996''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
TITLE I--AVIATION SECURITY
Sec. 101. Interim deployment of commercially available explosive
detection equipment.
Sec. 102. Authority for criminal history records checks.
Sec. 103. Audit of performance of background checks for certain
personnel.
Sec. 104. Performance standards for airport security personnel.
Sec. 105. Passenger profiling.
Sec. 106. Authority to use certain funds for airport security programs
and activities.
Sec. 107. Assessment of cargo.
Sec. 108. Assignment of FBI agents to high-risk airports.
Sec. 109. Supplemental screening.
Sec. 110. Supplemental explosive detection.
Sec. 111. Enhanced security for small airplanes
Sec. 112. Civil aviation security review commission.
TITLE II--ANTITERRORISM
Sec. 201. Addition of terrorist offenses as RICO predicates.
Sec. 202. Enhanced Privacy Act and wiretap penalties.
Sec. 203. Combatting international state terrorism.
Sec. 204. Implementation of the Antiterrorism and Effective Death
Penalty Act of 1996.
Sec. 205. Taggants in black and smokeless powder.
Sec. 206 National Commission on Terrorism.
TITLE I--AVIATION SECURITY
SEC. 101. INTERIM DEPLOYMENT OF COMMERCIALLY AVAILABLE
EXPLOSIVE DETECTION EQUIPMENT.
Section 44913(a) of title 49, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Until such time as the Administrator determines that
equipment certified under paragraph (1) of this subsection is
commercially available and has successfully completed
operational testing as provided in 49 United States Code
44913(a)(1), the Administrator shall facilitate the
deployment of
[[Page H9887]]
commercially available explosive detection devices that the
Administrator approves and determines will enhance aviation
security significantly. The Administrator shall require that
equipment deployed under this paragraph be replaced by
equipment certified under paragraph (1) when equipment
certified under paragraph (1) becomes commercially
available.''.
SEC. 102. AUTHORITY FOR CRIMINAL HISTORY RECORDS CHECKS.
Section 44936(a)(1) of title 49, United States Code. is
amended--
(1) by striking ``(1)'' and inserting ``(1)(A)'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively; and
(3) by adding at the end the following:
``(B) The Administrator shall require by regulation that an
employment investigation (including a criminal history record
check in cases in which the employment investigation reveals
a gap in employment of 12 months or more that the individual
does not satisfactorily account for) be conducted for
individuals who will be responsible for screening passengers
or property under this chapter and their supervisors.''.
SEC. 103. AUDIT OF PERFORMANCE OF BACKGROUND CHECKS FOR
CERTAIN PERSONNEL.
Section 44936(a) of title 49, United States Code, is
amended by adding at the end the following:
``(3) The Administrator shall provide for the periodic
audit of criminal history record checks conducted under
paragraph (1) of this subsection.''.
SEC. 104. PERFORMANCE STANDARDS FOR AIRPORT SECURITY
PERSONNEL.
Section 44935(a) of title 49, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (4); and
(2) by adding at the end the following:
``(6) performance standards for airport and airline
security personnel, including counter personnel; and
``(7) guidelines for encouraging the retention of security
personnel responsible for passengers and cargo.''
SEC. 105. PASSENGER PROFILING.
The Federal Aviation Administration, the Secretary of
Transportation, the intelligence community, and the law
enforcement community should continue to assist air carriers
in developing computer-assisted passenger profiling programs.
SEC. 106. AUTHORITY TO USE CERTAIN FUNDS FOR AIRPORT SECURITY
PROGRAMS AND ACTIVITIES.
(a) Authority To Use Funds.--Notwithstanding any other
provision of law, funds referred to in subsection (b) may be
used to expand and enhance air transportation security
programs and other activities at airports (including the
improvement of facilities and the purchase and deployment of
equipment) to ensure the safety and security of passengers
and other persons involved in air travel.
(b) Covered Funds.--The following funds may be used under
subsection (a):
(1) Project grants made under subchapter 1 of chapter 471
of title 49, United States Code.
(2) Passenger facility fees collected under section 40117
of title 49, United States Code.
SEC. 107. ASSESSMENT OF CARGO.
(a) In General.-- The Administrator of the Federal Aviation
Administration shall, in consultation with the appropriate
Federal agencies, review--
(1) the oversight by the Federal Aviation Administration of
inspections of shipments of mail and cargo by domestic and
foreign air carriers; and
(2) the need for additional security measures with respect
to such inspections; and
(3) the adequacy of inspection and screening of cargo on
passenger air carriers.
(b) Legislative Proposals.--The President shall submit
relevant legislative proposals to Congress, as may be
required.
SEC. 108. ASSIGNMENT OF FBI AGENTS TO HIGH-RISK AIRPORTS.
Section 44904 of title 49, United States Code, is amended
by adding at the end the following:
``(d) Responsibility of FBI Agents to Areas of High-Risk
Airports.--The Director of the Federal Bureau of
Investigation shall assure that agents of the Federal Bureau
of Investigation who are assigned to an area where there are
airports that are determined to be high-risk airports shall,
jointly with the Federal Aviation Administration, carry out
periodic threat and vulnerability assessments of security
every 3 years, or more frequently, as necessary, at such
airports.''.
SEC. 109. SUPPLEMENTAL SCREENING.
Section 44903(c) of title 49, United States Code, is
amended by adding at the end of the following new paragraph:
``(3) Use of dogs in screening.--
``(A) In general.--The law enforcement presence and
capability required under paragraph (1) shall include a
requirement that the operator of each major airport use dogs
or other appropriate animals to supplement existing equipment
used for screening passengers and cargo for plastic
explosives and other devices or materials which may be used
in aircraft piracy. If the Administrator determines that the
requirements of the preceding sentence will not significantly
enhance the safety and security of passengers and other
persons involved in air travel, the Administrator may modify
such requirements as appropriate. At the discretion of the
Administrator, the use of dogs at an airport may be deemed as
compliance with section 449913(a)(3) of this title.
``(B) Major airport defined.--In this paragraph, the term
`major airport' means an airport that is one of the largest
50 airports in the United States, as determined by the number
of passenger enplanements in calendar year 1995.''.
SEC. 110. SUPPLEMENTAL EXPLOSIVE DETECTION.
Section 44913(b) of title 49, United States Code, is
amended to read as follows:
``(b) Supplemental Explosive Detection.--
``(1) Grants.--The Secretary shall make grants for expenses
of training and evaluation of dogs for the explosive
detection K-9 team training program for the purpose of
detecting explosives at airports and aboard aircraft. Not
later than 180 days after the date of the enactment of the
Aviation Security Improvement Act of 1996, the Secretary
shall extend such program to the largest 50 airports in the
United States, as determined by the number of passenger
enplanements in calendar year 1995.
``(2) Funding.--There is authorized to be appropriated from
the Trust Fund for carrying out paragraph (1) such sums as
may be necessary for fiscal years beginning after September
30, 1996. Such funds shall remain available until
expended.''.
SEC. 111. ENHANCED SECURITY FOR SMALL AIRPLANES
Not later than 60 days after the date of the enactment of
this Act, the Administrator shall initiate a rulemaking to
revise section 108.5 and 108.7 of 14 C.F.R. with respect to
airplanes having a passenger seating configuration of less
than 61 to enhance the safety and security of air travel in
such airplanes.
SEC. 112. CIVIL AVIATION SECURITY REVIEW COMMISSION.
(a) Establishment.--There is established a commission to be
known as the Civil Aviation Security Review Commission
(hereinafter in this section referred to as the
``Commission'').
(b) Functions.--The Commission shall conduct a
comprehensive review of aviation security. Matters to be
studied by the Commission shall include the following:
(1) A review of the advisability of transferring
responsibilities of air carriers under Federal law for
security activities conducted on-site at airports to airport
operators or to appropriate entities independent of air
carriers.
(2) A review of whether baggage match requirements should
be imposed on air carriers providing interstate air
transportation and how baggage match can be accomplished to
enhance the safety and security of domestic air travel.
(3) A review of the cost and advisability of requiring
hardened cargo containers as a way to enhance aviation
security and reduce the required sensitivity of bomb
detection equipment.
(c) Membership.--The Commission shall be composed of 13
members, appointed from persons knowledgeable about civil
aviation in the United States and who are specifically
qualified by training and experience to perform the duties of
the Commission, as follows:
(1) 3 members appointed by the Secretary of Transportation,
in consultation with the Secretary of the Treasury.
(2) 10 members appointed by Congress as follows:
(A) 1 member appointed by each of the chairman and ranking
minority member of the Committee on Transportation and
Infrastructure of the House of Representatives.
(B) 1 member appointed by each of the chairman and ranking
minority member of the Committee on Appropriations of the
House of Representatives.
(C) 1 member appointed by each of the chairman and ranking
minority member of the Committee on Commerce, Science, and
Transportation of the Senate.
(D) 1 member appointed by each of the chairman and ranking
minority member of the Committee on Appropriations of the
Senate.
(E) 1 member appointed by each of the chairman and ranking
minority member of the Committee on Ways and Means of the
House of Representatives.
(d) Restriction on Appointment of Current Aviation
Employees.--A member appointed under subsection (c)(1) may
not be an employee of an airline, airport, aviation union, or
aviation trade association at the time of appointment or
while serving on the Commission.
(e) Timing of Appointments.--The appointing authorities
shall make their appointments to the Commission not later
than 30 days after the date of the enactment of this Act.
(f) Chairman.--In consultation with the Secretary of
Transportation, the Speaker of the House of Representatives
and the Majority Leader of the Senate shall designate a
chairman and vice chairman from among the members of the
Commission not later than 30 days after appointment of the
last member to the Commission.
(g) Period of Appointment and Vacancies.--Members shall be
appointed for the life of the Commission, and any vacancy on
the Commission shall not affect its powers but shall be
filled in the same manner, and by the same appointing
authority, as the original appointment.
(h) Quorum.--A majority of the members of the Commission
shall constitute a quorum to conduct business, but the
Commission may establish a lesser number for conducting
hearings scheduled by the Commission.
[[Page H9888]]
(i) Powers of the Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, administer such oaths, take
such testimony, and receive such evidence as the Commission
considers advisable to carry out its duties.
(2) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information or documents as the Commission considers
necessary to carry out its duties, unless the head of such
department or agency advises the chairman of the Commission,
in writing, that such information is confidential and that
its release to the Commission would jeopardize aviation
safety, the national security, or pending criminal
investigations.
(3) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(4) Travel and per diem.--Members and staff of the
Commission shall be paid travel expenses, including per diem
in lieu of subsistence, when away from his or her usual place
of residence, in accordance with section 5703 of title 5,
United States Code.
(j) Final Report.--Not later than 1 year after the date of
the appointment of the last member to the Commission under
subsection (c), the Commission shall submit to Congress and
the Administrator a final report on the findings of the
Commission with corresponding recommendations. Included with
this report shall be the independent audit required under
subsection (j).
(k) Authorization of Appropriations.--There is hereby
authorized to be appropriated $2,400,000 for activities of
the Commission to remain available until expended.
TITLE II--ANTITERRORISM
SEC. 201. ADDITION OF TERRORIST OFFENSES AS RICO PREDICATES.
(a) Title 18 Offenses.--Section 1961(1)(B) of title 18 of
the United States Code is amended by--
(1) inserting ``32 (relating to the destruction of
aircraft), section 37 (relating to violence at international
airports), section 115 (relating to influencing, impeding, or
retaliating against a Federal official by threatening or
injuring a family member), section'' after ``Section'';
(2) inserting ``section 351 (relating to Congressional or
Cabinet officer assassination,'' after ``section 224
(relating to sports bribery),'';
(3) inserting ``section 831 (relating to prohibited
transactions involving nuclear materials), section 844(f) or
(i) (relating to destruction by explosives or fire of
government property or property affecting interstate or
foreign commerce),'' after ``section 664 (relating to
embezzlement from pension and welfare funds),'';
(4) inserting ``section 930(c) (relating to violent attacks
against Federal buildings), section 956 (relating to
conspiracy to kill, kidnap, maim, or injure certain property
in a foreign country),'' after ``sections 891-894 (relating
to extortionate credit transactions),'';
(5) inserting ``section 1111 (relating to murder), section
1114 (relating to murder of United States law enforcement
officials), section 1116 (relating to murder of foreign
officials, official guests, or internationally protected
persons), section 1203 (relating to hostage taking),'' after
``section 1084 (relating to the transmission of gambling
information),'';
(6) inserting ``section 1361 (relating to willful injury of
government property), section 1363 (relating to destruction
of property within the special maritime and territorial
jurisdiction),'' after ``section 1344 (relating to financial
institution fraud),'';
(7) inserting ``section 1751 (relating to Presidential
assassination),'' after ``sections 1581-1588 (relating to
peonage and slavery),'';
(8) inserting ``section 1992 (relating to train wrecking),
section 2280 (relating to violence against maritime
navigation), section 2281 (relating to violence against
maritime fixed platforms),'' after ``section 1958 (relating
to use of interstate commerce facilities in the commission of
murder-for-hire),''; and
(9) inserting ``section 2332 (relating to terrorist acts
abroad against United States nationals), section 2332a
(relating to use of weapons of mass destruction), section
2332b (relating to acts of terrorism transcending national
boundaries), section 2332c (relating to use of chemical
weapon), section 2339A (relating to providing material
support to terrorists),'' after ``2321 (relating to
trafficking in certain motor vehicles or motor vehicle
parts),''.
(b) Non-Title 18 Offense.--Section 1961(1) of title 18 of
the United States Code is amended--
(1) by striking ``or'' before ``(E)'';
(2) by striking ``or'' before ``(F); and
(3) by inserting at the end the following: ``or (G) section
46502 of title 49, United States Code;''.
(c) Limitation to Civil RICO.--The amendments made by this
section shall not apply with respect to section 1964(c) of
title 18, United States Code.
SEC. 202. ENHANCED PRIVACY ACT AND WIRETAP PENALTIES.
(a) Enhancement of Privacy Act Criminal Penalties.--
Paragraphs (1) and (3) of section 552a(i) of title 5, United
States Code, are each amended by striking ``shall be guilty
of a misdemeanor'' and all that follows through the end of
the paragraph and inserting ``shall be fined under title 18,
imprisoned not more than 5 years, or both.''.
(b) Enhancement of Privacy Act Civil Damages.--Section
552a(g)(4)(A) of title 5, United States Code, is amended by
striking ``$1,000'' and inserting ``$5,000''.
(c) Enhancement of Wiretap Disclosure Criminal Penalty.--
Section 2511 of title 18, United States Code, is amended--
(1) in subsection (4)(a), by striking ``paragraph (b)'' and
all that follows through ``(5)'' and inserting ``this
section''; and
(2) by adding after paragraph (c) the following:
``(d) If the offense is an offense under paragraph (c) or
(e) of subsection (1), the offender shall be fined under this
title or imprisoned not more than 10 years, or both.''.
SEC. 203. COMBATTING INTERNATIONAL STATE TERRORISM.
(a) Sanctions Against Sponsors of International
Terrorism.--The Congress urges the President to commence
immediately diplomatic efforts, both in appropriate
international fora including the United Nations, and
bilaterally with allies of the United States, to establish a
multilateral sanctions regime against each of those nations
certified under section 6(j) of the Export Administration Act
of 1979 as having repeatedly provided support for acts of
international terrorism. The President shall report to
Congress, not later than 30 days after the date of the
enactment of this Act, and annually thereafter, on the extent
to which these diplomatic efforts have been successful.
(b) Action Plans for Designated Terrorist Nations.--The
President shall provide to the Congress within 30 days after
the date of the enactment of this Act an Action Plan for
inducing each of those nations certified under section 6(j)
of the Export Administration Act of 1979 as having repeatedly
provided support for acts of international terrorism to cease
their support for acts of international terrorism.
(c) Report on United States Counterterror and Antiterror
Intelligence Capabilities.--Not later than 60 days after the
date of the enactment of this Act, the President shall
provide to the Permanent Select Committees on Intelligence of
the Senate and the House of Representatives a report on the
capability of the United States intelligence community to
detect, assess, and eliminate international terrorist
activities, including an assessment of intelligence
collection policies and practices which affect the
counterterrorism and antiterrorism activities of the United
States intelligence community and of the resources provided
the intelligence community for such activities, together with
a plan to ensure enhanced human intelligence capabilities. To
the extent feasible, such report shall be unclassified and
made available to the public. Such report shall be
supplemented as necessary by a classified report or annex,
which shall be transmitted and maintained under appropriate
security procedures.
SEC. 204. IMPLEMENTATION OF THE ANTITERRORISM AND EFFECTIVE
DEATH PENALTY ACT OF 1996.
The Secretary of State is hereby directed, before October
1, 1996, to designate foreign terrorist organizations
pursuant to the amendment made by section 302 (relating to
international terrorism prohibitions) of the Antiterrorism
and Effective Death Penalty Act of 1996, and, if possible,
justified by the evidence, and consistent with the needs of
law enforcement and intelligence, the Secretary of the
Treasury shall freeze assets and the Attorney General shall
initiate the removal of known alien terrorists and criminals.
SEC. 205. TAGGANTS IN BLACK AND SMOKELESS POWDER.
(a) Amendment to 1996 Act To Include Black and Smokeless
Powder.--Notwithstanding the provisions to the contrary of
section 732 of the Antiterrorism and Effective Death Penalty
Act of 1996, (concerning the exclusion of black and smokeless
powder from the study described thereunder), the Director of
the National Institute of Justice shall contract for an
independent study of the feasibility, safety, and law
enforcement effectiveness of including taggants in black and
smokeless powder. The contract shall require the completion
of the study within one year after the date of the enactment
of this Act. The entity that conducts the study shall be
outside the executive branch of the Government and possess
the requisite expertise in explosives technology. The study
shall, in addition, draw upon expertise and science from
consultants in the areas of mining and other industries that
rely upon such explosives.
(b) Report to Congress.--Not later than 30 days after the
completion of the study conducted under subsection (a), the
Director shall submit the study to the Congress. If the
results of the study conducted under subsection (a) indicate
that the taggants--
(1) will not pose a risk to human life or safety;
(2) will substantially assist law enforcement officers in
their investigative efforts;
(3) will not substantially impair the quality of the
explosive materials for their intended lawful use;
(4) will not have a substantially adverse effect on the
environment; and
(5) the costs associated with the addition of the taggants
will not outweigh the benefits of their inclusion;
then the Director may submit to Congress recommendations for
legislation for the addition of taggants to black and
smokeless
[[Page H9889]]
powder manufactured in or imported into the United States, of
such character and in such quantity as the proposed
legislation may authorize or require.
SEC. 206. NATIONAL COMMISSION ON TERRORISM.
(a) Establishment.--There is established a commission to be
known as the National Commission on Terrorism (in this title
referred to as the ``Commission'').
(b) Membership.--
(1) Number and appointment.--
(A) Generally.--The Commission shall be composed of 9
members, appointed from persons specially qualified by
training and experience to perform the duties of the
Commission, as follows:
(i) 2 appointed by the Speaker of the House of
Representatives, and 1 appointed by the Minority Leader of
the House of Representatives;
(ii) 2 appointed by the Majority Leader of the Senate, and
1 appointed by the Minority Leader of the Senate; and
(iii) 3 appointed by the President of the United States.
(B) Timing of appointments.--The appointing authorities
shall make their appointments to the Commission not later
than 45 days after the date of enactment of this title.
(C) Designation of the chairman.--The President of the
United States shall designate a chairman from the members of
the Commission. The Speaker of the House of Representatives
and the Majority Leader of the Senate shall jointly designate
a Vice Chairman from the members of the Commission.
(D) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in
Commission membership shall not affect the exercise of the
Commission's powers, and shall be filled in the same manner
as the original appointment.
(c) Meetings.--
(1) In general.--In not later than 60 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold its first meeting. Subsequent
meetings shall be held at the call of the Chairman.
(2) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(d) Security Clearances.--Appropriate security clearances
shall be required for members of the Commission who are
private United States citizens. Such clearances shall be
processed and completed on an expedited basis by appropriate
elements of the executive branch of Government and shall, in
any case, be completed within 90 days of the date such
members are appointed.
(e) Application of Certain Provisions of Law.--In light of
the extraordinary and sensitive nature of its deliberations,
the provisions of the Federal Advisory Committee Act (5
U.S.C. App.), and the regulations prescribed by the
Administrator of General Services pursuant to that Act, shall
not apply to the Commission. Further, the provisions of
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act''), shall not apply to the
Commission; however, records of the Commission shall be
subject to the Federal Records Act and, when transferred to
the National Archives and Records Agency, shall no longer be
exempt from the provisions of such section 552.
(f) Duties of the Commission.--
(1) In general.--It shall be the duty of the Commission--
(A) to prepare and transmit the reports described in
paragraph (2);
(B) to examine the long-term strategy of the United States
in addressing the threat of international terrorism,
including intelligence capabilities, international
cooperation, military responses, and technological
capabilities;
(C) to examine the efficacy and appropriateness of Federal
efforts to prevent, detect, investigate, and prosecute acts
of terrorism, including--
(i) the coordination of counterterrorism efforts among
Federal departments and agencies, and Federal coordination of
law enforcement with state and local law enforcement in
responding to terrorism threats and acts;
(ii) the ability and utilization of counterintelligence
efforts to infiltrate and disable or disrupt international
terrorist organizations and their activities;
(iii) the impact of Federal immigration laws and policies
on acts of terrorism transcending national boundaries;
(iv) the effectiveness of present regulations and practices
relating to civil aviation safety and security to prevent
acts of terrorism, to include a study of the desirability of
assigning, on a permanent basis, personnel of the Federal
Bureau of Investigation at high-risk airports, and a study of
the practicality and desirability of transferring authority
for U.S. airport and security to an entity other than the
Federal Aviation Administration;
(v) the extent and effectiveness of present cooperative
efforts with foreign nations to prevent, detect, investigate
and prosecute acts of terrorism; and
(vi) the impact on present counterterrorism efforts due to
the failure to expend and utilize resources and authority
previously provided by Congress for the implementation of
enhanced counterterrorism activities and the reasons why
these resources have not been expended in a timely way; and
(D) to examine the capability of the United States
intelligence community to detect, assess, infiltrate,
disrupt, and eliminate international terrorist organizations
and activities, including an assessment of intelligence
collection policies and practices which affect the
counterterrorism and antiterrorism activities of the United
States intelligence community and of the resources provided
the intelligence community for such activities, together with
a plan to ensure enhanced human intelligence capabilities;
and
(E) to examine all present laws relating to the collection
and dissemination of personal information on individuals by
law enforcement or other governmental entities, and the
necessity for additional protections to prevent and deter the
inappropriate collection and dissemination of such
information.
(2) Reports.--
(A) Initial report.--Not later than 2 months after the
first meeting of the Commission, the Commission shall
transmit to the Committees on the Judiciary of the Senate and
the House of Representatives a report setting forth its plan
for the work of the Commission.
(B) Interim reports.--Prior to the submission of the report
required by subparagraph (C), the Commission may issue such
interim reports as it finds necessary and desirable.
(C) Final report.--No later than 6 months after the first
meeting of the Commission, the Commission shall submit to the
President and to the Committees on the Judiciary of the
Senate and the House of Representatives a report setting
forth the activities, findings, and recommendations of the
Commission, including any recommendations for the enactment
of legislation that the Commission considers advisable. To
the extent feasible, such report shall be unclassified and
made available to the public. Such report shall be
supplemented as necessary by a classified report or annex,
which shall be provided separately to the President and the
Committees on the Judiciary of the Senate and the House of
Representatives.
(g) Powers.--
(1) Hearings.--The Commission or, at its direction, any
panel or member of the Commission, may, for the purpose of
carrying out the provisions of this title, hold hearings, sit
and act at times and places, take testimony, receive
evidence, and administer oaths to the extent that the
Commission or any panel or member considers advisable.
(2) Information from federal agencies.--The Commission may
secure directly from any intelligence agency or from any
other Federal department or agency any information that the
Commission considers necessary to enable the Commission to
carry out its responsibilities under this section. Upon
request of the Chairman of the Commission, the head of any
such department or agency shall furnish such information
expeditiously to the Commission, unless the head of the
department or agency determines that doing so would threaten
national security, the health or safety of any individual, or
the integrity of an ongoing investigation or prosecution.
(3) Postal, printing and binding services.--The Commission
may use the United States mails and obtain printing and
binding services in the same manner and under the same
conditions as other departments and agencies of the Federal
Government.
(4) Subcommittees.--The Commission may establish panels
composed of less than the full membership of the Commission
for the purpose of carrying out the Commission's duties. The
actions of each such panel shall be subject to the review and
control of the Commission. Any findings and determinations
made by such a panel shall not be considered the findings and
determinations of the Commission unless approved by the
Commission.
(5) Authority of individuals to act for commission.--Any
member or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is
authorized to take under this title.
(h) Personnel Matters.--
(1) Compensation of members.--Each member of the Commission
who is a private United States citizen shall be paid, if
requested, at a rate equal to the daily equivalent of the
annual rate of basic pay payable for level V of the Executive
Schedule under section 5316 of title 5, United States Code,
for each day (including travel time) during which the member
is engaged in the performance of the duties of the
Commission. All members of the Commission who are Members of
Congress shall serve without compensation in addition to that
received for their services as Members of Congress.
(2) Travel expenses.--Each member of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(3) Staff.--
(A) In general.--The Chairman of the Commission may,
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service,
appoint a staff director and such additional personnel as may
be necessary to enable the Commission to perform its duties.
The staff director of the Commission shall be appointed from
private life, and such appointment shall be subject to the
approval of the Commission as a whole.
[[Page H9890]]
(B) Compensation.--The Chairman of the Commission may fix
the pay of the staff director and other personnel without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay fixed under this paragraph for
the staff director may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title
and the rate of pay for other personnel may not exceed the
maximum rate payable for grade GS-15 of the General Schedule.
(4) Detail of government employees.--Upon request of the
Chairman of the Commission, the head of any Federal
department or agency may detail, on a nonreimbursable basis,
any personnel of that department or agency to the Commission
to assist it in carrying out its administrative and clerical
functions.
(5) Procurement of temporary and intermittent services.--
The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
payable for level V of the Executive Schedule under section
5316 of such title.
(i) Payment of Commission Expenses.--The compensation,
travel expenses, per diem allowances of members and employees
of the Commission, and other expenses of the Commission shall
be paid out of funds available to the Attorney General for
the payment of compensation, travel allowances, and per diem
allowances, respectively, of employees of the Department of
Justice.
(j) Termination of the Commission.--The Commission shall
terminate 1 month after the date of the submission of the
report required by subsection (f)(2)(C).
The SPEAKER pro tempore. Pursuant to this rule, the gentleman from
California [Mr. Cox] and the gentleman from Michigan [Mr. Conyers] each
will control 20 minutes.
The Chair recognizes the gentleman from California [Mr. Cox].
{time} 1515
Mr. COX of California. Mr. Speaker, I ask unanimous consent that the
gentleman from Pennsylvania [Mr. Shuster] be permitted to control 6
minutes and that the gentleman from Illinois [Mr. Hyde] be permitted to
control 6 minutes of the time allocated to me.
The SPEAKER pro tempore (Mr. Hastert). Is there objection to the
request of the gentleman from California?
There was no objection.
Mr. COX of California. Mr. Speaker, I yield 2 minutes to the
gentleman from New York [Mr. Gilman], chairman of the Committee on
International Relations.
(Mr. GILLMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Speaker, I am pleased for this opportunity to speak
on the concise issue of international terrorism, which is so much on
the mind of our Nation today. As we move forward with this important
bill before us, let us be ever mindful of how we must most effectively
fight this scourge, especially on the international front.
I am particularly pleased that the bill before us (H.R. 3953) in
section 203 encourages the President to take greater steps to address
the problem of foreign government-sponsored international terrorism.
We must keep international terrorism at the top of our foreign policy
agenda, as the New York World Trade Center bombing in February 1993
made very clear. International terrorism has come to our own shores. In
addition, the recent attacks on American personnel in Saudi Arabia make
it clear that terrorist fear no boundaries or jurisdiction when going
after our vital interests. The struggle against terrorism is one which
all of the nations of the world must wage cooperatively together.
It is gratifying that at our direction and through Republican-led
efforts, the State Department was forced to maintain a high-level,
visible office of Coordinator for Counter Terrorism to help make known
to friendly nations, state sponsors of terrorism, and within the U.S.
bureaucracy that international terrorism is a high foreign policy
priority. We ought to be proud of those foresighted efforts to keep the
fight high on the foreign policy agenda of our State Department.
We must also help prevent easy entry into our Nation of members of
terrorist groups whose purpose is to harm our Nation. In the
counterterrorism bill that became law in April 1996, Congress included
an amendment to the Immigration and Nationality Act [INA] to exclude
entry into the U.S. based on ``mere membership'' in defined terrorist
groups. It is now law, despite a lukewarm response from the
administration.
Sadly, to date this law pertaining to designating terrorist groups
has yet to be implemented. I applaud the authors of the bill before us
who mandate that the process of defining terrorist groups, for both
fundraising and exclusion purposes, is to be put on the fast track and
completed by October 1.
Like the reluctance to support the mere membership provision, the
Administration was slow to support our efforts in the Congress on the
Iran-Libya sanctions bill. However, they came along. Next week the
President will sign that bill into law and give us added tools to
isolate and work against these rogue nations like Libya--responsible
for the deadly Pam Am 103 attack--and Iran, the leading state sponsor
of terrorism in the world.
These and other provisions in this Aviation Security and
Antiterrorism Act of 1996 will further the struggle against the evil of
terrorism.
Mr. CONYERS. Mr. Speaker, I am pleased to manage the bill, but I do
want to allocate a block of time to the gentleman from Minnesota [Mr.
Oberstar], ranking member of the Committee on Transportation and
Infrastructure.
Mr. Speaker, I yield 8 minutes to the gentleman from Minnesota [Mr.
Oberstar] and I ask unanimous consent that he be permitted to control
the time.
The SPEAKER pro tempore. Is thee objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas [Mr. DOGGETT].
Mr. DOGGETT. Mr. Speaker, conveniently omitted from today's
discussion of antiterrorism legislation is what occurred on this floor
in March of this year, the last time antiterrorism legislation was up
for our consideration.
At that time, under pressure from special interest lobby groups, a
key provision was stripped from the antiterrorism legislation. The bill
was ``eviscerated.'' That is not my word. It is the word of the very
distinguished, and he is distinguished, Republican chairman of the
Committee on the Judiciary. I want to quote his remarks from that
debate on March 13.
He said, ``If the Barr amendment passes, we eviscerate the bill. It
is a frail representation of what started out as a robust answer to the
terrorist menace.''
A few minutes later he said, ``With the Barr amendment, this is not
an antiterrorism bill.''
He was right. We have not had an antiterrorism bill this year. We had
the opportunity today to join in a bipartisan effort and offer ideas
from each side to deal with this national crisis, and it was rejected,
denying us the opportunity to contribute our ideas.
I think it was rejected because the same high-handedness and
extremism that apparently led one Republican Member to say right here
on the floor of the House, ``I trust Hamas more than I trust my own
Government.''
When you have that kind of attitude, you cannot come together and
work out reasonable solutions to fight terrorism. That is the
opportunity that has been lost in this Congress.
I will vote for this legislation today, but it does not do enough to
address this problem. All of us have watched these crime investigators
sift through the debris from a bombing, looking for clues in the
tiniest spaces and, yet, they are denied today a vital tool.
Mr. SHUSTER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we do not know yet what brought down TWA 800. But of
course the probabilities are that it was a bomb. We do not know who
planted the bomb at the Olympics. Maybe it was somebody mentally
deranged, maybe a terrorist. We do not know yet who killed our troops
in Saudi Arabia, but that clearly was an act of terrorism.
We do not need to know all the answers to these questions to know
that the American people expect action now, and this bill responds to
that demand from the American people.
This bill is not a panacea. It is but a step in the right direction.
Indeed, with
[[Page H9891]]
regard to the aviation security provisions of this bill, once again,
these have been crafted in a bipartisan basis, working with my
colleagues, particularly the ranking member of our committee, the
gentleman from Minnesota [Mr. Oberstar]. The majority and the minority
have been full partners in crafting the aviation security provisions
for this bill.
We need to emphasize that today there are serious gaps in our
aviation security system. Even though we have passed several pieces of
legislation in the past dealing with security, we need to focus more
attention on bomb detection capabilities and, indeed, an awful lot yet
remains to be done. So this bill is but a step in the right direction.
Mr. Speaker, I urge my colleagues to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield myself 1\1/2\ minutes.
Mr. Speaker, on Christmas Eve 1988, nearly Christmas Eve, the world
of aviation as we know it changed. People had felt secure against
skyjackings from the time in the late 1960's when we were experiencing
one skyjacking every 2 weeks.
Then the United States required the installation of metal detectors
and x-ray machines at major airports to screen passengers and their
carry-on baggage and skyjackings dropped off the horizon as a threat to
aviation in the domestic United States. But with the devastation of Pan
Am 103, in which 270 people died, people from 21 countries besides the
United States, the world of aviation changed. The new threat was
terrorist acts against the flag of the United States.
In the aftermath of Pan Am 103 a commission was created by this
Congress, in cooperation with the Bush administration, to look into the
causes and recommend actions to be taken to make aviation more secure.
We have in place a strong law to protect against terrorist actions. We
must understand that we are operating now in a world in which aviation
is the target of State-sponsored terrorism, and the American flag and
American air carriers and American passengers are its targets.
Mr. Speaker, we must enact strong legislation. I will deal with that
later in my further remarks.
Mr. SHUSTER. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Tennessee [Mr. Duncan].
Mr. DUNCAN. Mr. Speaker, I rise in strong support of this
legislation.
Over the years our Nation has become accustomed to terrorism and acts
of violence in other countries. But recent tragic events here at home,
in our great Nation, have underscored the fact that we live in a
dangerous world--and that we too are vulnerable to terrible acts of
violence more and more every day.
The World Trade Center, Oklahoma City, Atlanta, and the possibilities
of TWA flight 800 being blown out of the sky by a bomb, all of these
have brought terrorism to the forefront of our society.
The American people are demanding, and they deserve, every amount of
reasonable protection from acts of violence and terrorism that the
Federal Government can muster.
Mr. Speaker, the Aviation Security and Antiterrorism Act makes
several needed improvements to our Nation's aviation security system.
This legislation will require bomb-sniffing dogs to be used at the 50
largest airports in the Nation.
It directs the Federal Aviation Administration to deploy the best
available bomb detection equipment at airports here at home--similar to
equipment that is now being used at several airports in Europe and
Israel.
The bill also requires airport baggage screeners to undergo in-depth
security background checks before they are hired. We should require
that all these airport security people be U.S. citizens.
And, among many other provisions, the bill also directs the FBI to
work closely with the FAA on security measures at our Nation's
airports.
Mr. Speaker, as the Chair of the Aviation Subcommittee, I
wholeheartedly support this legislation. It addresses needed
improvements in aviation security that I believe a majority of
Americans will support. It is a good bill, a responsive bill, and I
urge every Member to support it.
Mr. CONYERS. Mr. Speaker, I yield 30 seconds to the gentleman from
North Carolina [Mr. Hefner], a member of the Committee on
Appropriations.
Mr. HEFNER. Mr. Speaker, this just shows how far we are into a
political campaign. Here we have a bill that nobody knows anything
about, that does nothing and, if you vote against it, you are going to
have commercials run against you that say you are soft on terrorism. In
the meantime, nothing is going to happen that deters terrorism.
This is a sad day in our country when people are out there grieving
because they have lost loved ones in these terrorist acts, and we are
doing something that absolutely does nothing. It is strictly a
political document. That is a sad day in this body.
Mr. HYDE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, as every one knows I strongly supported enhanced
authority for law enforcement to investigate, prosecute, and punish
terrorists. Specifically I believe Federal law enforcement ought to
have the necessary tools in terrorism cases, tools that are already
available in other types of criminal investigations. I am speaking
about multipoint wiretaps, temporary emergency wiretaps and pen
registers and trap and trace devices.
In the first session of this Congress, I introduced the Comprehensive
Antiterrorism Act of 1995, H.R. 1710, which did contain all of these
features. My bill was approved by the Committee on the Judiciary June
20, 1995 by a bipartisan vote of 23 to 12. Unfortunately, some of these
key elements were stricken from the final version of the law that was
signed by the President on April 24 of this year.
Today I have introduced similar legislation in the House of
Representatives as H.R. 3960, the Antiterrorism Law Enforcement
Enhancement Act of 1996. It is cosponsored by the gentleman from
Michigan, Mr. John Conyers, the gentleman from Florida, Mr. Bill
McCollum, and the gentleman from New York, Mr. Chuck Schumer.
Among other things, it would expand authority for multipoint
wiretaps, allow pen registers and trap and trace devices in
counterintelligence cases and authorize temporary emergency wiretaps in
terrorism cases.
{time} 1530
Obviously H.R. 3960 is a bipartisan initiative to make it clear we
intend to continue the effort to bring about the kind of law
enforcement enhancements necessary to effectively confront the
terrorist threat in our country. The recent events, TWA flight 800 and
the bombing at the Centennial Olympic Park in Atlanta, are examples why
Federal law enforcement needs these enhanced authorities.
Now I want to say the legislation before us, H.R. 3953, does contain
some very positive features which will assist us in countering
terrorism. Section 201 adds terrorist offenses as RICO predicates.
Section 202 provides increased penalties for violations of the Privacy
Act and for the unauthorized disclosure of information obtained through
a wiretap. Section 205 provides for a study of taggants in black and
smokeless powder under the auspices of the National Institute of
Justice. Section 206 authorizes the establishment of a National
Commission on Terrorism.
One important aspect of this issue, that is not part of the bill we
are considering this afternoon is funding for digital telephony. This
is a pivotal element of the antiterrorism effort that will enable the
FBI, the DEA, and other Federal law enforcement agencies to deal with
the changing technology in telecommunications. The funding is contained
in the Commerce, State, and Justice appropriations bill. Specifically,
it will give law enforcement access to digital and fiber-optic
telephone technology for criminal investigation purposes. I must admit
I have concerns about the implementation plan that is required of the
FBI by the language in the appropriations bill. We are not against
requiring the FBI to provide Congress with a plan, detailing how they
expect to proceed but we did not want to have language in the law which
would interfere with the prompt implementation of the digital telephony
statute.
Again, Mr. Speaker, this is very helpful legislation. But, I do want
to again stress that I consider H.R. 3953 to be
[[Page H9892]]
the beginning and not the end of this effort. The bottom line is that
more needs to be done to provide Federal law enforcement with the kind
of enhanced tools and authorities they need to effectively deal with
the threat of terrorism in the United States and abroad.
Mr. Speaker, I reserve the balance of my time.
Mr. CONYERS. Mr. Speaker, I associate myself with the remarks of the
distinguished chairman of the Committee on the Judiciary, and I yield 2
minutes to the gentleman from North Carolina [Mr. Watt], an
indefatigable member of the Committee on the Judiciary.
Mr. WATT of North Carolina. Mr. Speaker, I thank the ranking member
for yielding this time to me, and I may not take 2 minutes.
I want to express my disappointment, Mr. Speaker, that we are missing
an opportunity to deal with a serious issue by playing politics with
it. If we had come together and tried to deal with this issue in a way
that the American people deserve to have it dealt with, I think we
would have a much, much better bill on the floor today rather than this
bill, which all of us will go out and say deals with terrorism but all
of us, deep in our hearts and minds, really know does not serve the
purpose.
The litmus test for terrorism legislation, it seems to me, if we are
responding to what happened in New York and what happened in Atlanta,
is, can we craft some legislation that would have had an impact had it
been in place at the time those tragedies occurred?
I do not think we can say yes to that inquiry when we look at this
legislation. The part of the legislation that, had we put it in the
bill, would have dealt with the Atlantic situation, would have been the
tagging or taggants which would help identify the powder that was used
in the Atlanta situation, and we have the capacity to do that. We are
missing that opportunity by saying we are going to put this aside and
do a study on this issue which has been studied time after time after
time. We should be disappointed in ourselves in this legislation.
I am not going to vote against the legislation. But it is so far
below what we could have gotten if we had just worked together in this
body.
Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania [Mr. Gekas].
Mr. GEKAS. Mr. Speaker, I thank the gentleman for yielding this time
to me.
We have reached the stage in our history now where everyone must
recognize that airport security and antiterrorism issues are matters
for national security. Therefore any little thing that we can do to
tighten up security at our air facilities and to move against
terrorists on every front, giving as much authority as we can to our
law enforcement agencies, is not just a plus for antiterrorist activity
but also, I repeat, in the interest of national security.
There should not be one negative vote on this bill, not one, because
if we result in this bill in securing an airport, just one airport in
our country, it is worth a ``yes'' vote. So let us not criticize what
could have been in the bill or what might have been in the bill. This
will strengthen our airports. That is enough for a ``yes'' vote from
very Member of the Congress.
Mr. OBERSTAR. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Maryland [Mr. Hoyer].
Mr. CONYERS. Mr. Speaker, I yield 1 additional minute to the
distinguished gentleman from Maryland.
The SPEAKER pro tempore (Mr. Hastert). The gentleman from Maryland
[Mr. Hoyer] is recognized for 2 minutes.
(Mr. HOYER asked and was given permission to revise and extend his
remarks.)
Mr. HOYER. Mr. Speaker, I thank the gentleman for yielding this time.
In October of 1995 a demented person or persons, because of an
alleged grievance, killed 168 innocent human beings. Terrorism is a
problem and terrorism must be dealt with, met and defeated.
Like every other Member of this body, I presume I will vote for this
legislation.
The gentleman from Pennsylvania says if it goes one centimeter
forward to make us more secure it is perhaps worth voting for, and in
my perception it does not harm and therefore is worth voting for.
But it is a shame, my colleagues, that we did not, as the
distinguished gentleman from Illinois said so correctly back in March
and repeats today, that we did not take definitive, effective action to
enhance our ability to determine who is likely to commit a terrorist
act so that we are not responding to that act to determine who killed
one or a hundred or a thousand innocent people.
I would urge the individuals in the majority party who have the
control and who have presented this to us, frankly, on very short
notice, to work in a bipartisan fashion under the leadership of the
chairman of the Committee on the Judiciary, the distinguished gentleman
from Illinois [Mr. Hyde] to respond effectively and confront those who
are demented and who would attack and kill and make less secure this
great land.
In closing, let me say as an aside that I would hope we would also
focus in the airport security with the dogs, on the ATF's current
capability, and make sure that that is fully utilized now and in the
future.
Mr. COX of California. Mr. Speaker, I yield 1 minute to the gentleman
from San Diego, CA [Mr. Cunningham], the distinguished expert member of
the Committee on National Security.
Mr. CUNNINGHAM. Mr. Speaker, you want real tooth and nail to really
vote for the bill. A lot of us fly a lot, and I am an aviator myself,
and in this bill it gives the FBI the authority and the power to
protect our airways. It strengthens the security at airports, and under
the RICO statutes terrorists will fall under the same kind of stringent
examination that our racketeers do.
Let me tell my colleagues about a problem. This body and the Senate
mandated to the President that he not ship arms to Bosnia. There are
over 12,000 Mujahidin, Hamas and Jihad fighters in Bosnia, and I talked
to intel. They are real concerned that those weapons are going to end
up all over the world now. Did we forget that the World Trade Center
was blown up by a Hamas terrorist and a cleric?
We need to put some tooth in our bill, not just this one, but down
the line. The real challenge is to start here and let us work together
and finish the rest.
Mr. HYDE. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Georgia [Mr. Barr].
Mr. BARR of Georgia. Mr. Speaker, what America has done this past
week and what we in the Congress have done this past week is precisely
what we should do this past week, and that is to roll up our sleeves,
look at the problem, do what can be done now and leave for another day
more study and action later on other matters, but not to leave things
lying.
This is important legislation that is meaningful legislation and it
is balanced legislation. It contains no new wiretapping authority
whatsoever. There is no ill-advised, precipitous mandated taggant
requirement that could pose a danger to industry and to law enforcement
officers. There is no authority for the Government to obtain records
without court order. There is no authority for Government to gain
access to private encryption keys for computers.
What the bill does do is, it institutes real, meaningful, substantive
security measures that will benefit the American people immediately. It
forces the administration to do what it should have done already. This
is good legislation, it is conservative legislation, and I urge
colleagues on both sides of the aisle, of all political persuasions, to
support this meaningful legislation today.
Mr. CONYERS. Mr. Speaker, I yield 3 minutes to the gentleman from New
York [Mr. Schumer], ranking member of the Committee on the Judiciary,
former chairman of the Subcommittee on Crime and now presently ranking
member of the subcommittee.
(Mr. SCHUMER asked and was given permission to revise and extend his
remarks.)
Mr. SCHUMER. Mr. Speaker, I thank the gentleman from Michigan not
only for the time but for his yielding.
This is a pretty sad day in this Chamber. We are going to have a
unanimous vote for this bill. The unanimity speaks to the fact that we
have put together a series of noncontroversial cats and dogs that do a
little but not what we should do against terrorism.
[[Page H9893]]
I just hope that some of the families of people who lost their lives
in Oklahoma City, on TWA Flight 800, in Atlanta, are not watching today
because we know that they want us to do all we can to fight terrorism.
We know that law enforcement has told us they need multipoint wiretaps
and taggants, and we know that in an act that some would say is
politics and others would call much worse, those on the other side took
those out. They were unable to just have the guts to say, ``We do not
believe in those.''
Many on the other side are doing what they think is right. Some on
the other side do not have the guts to admit that they have eviscerated
what we should do about terrorism and instead put up a series of
smokescreen proposals, none of which are objectionable but only one of
which does anything real to fight terrorism, and that would have passed
here within the next few months anyway in terms of airport security.
So what we have today, my colleagues, is something that belies what
is wrong, that explains what is wrong with this Chamber, and that is
the inability of the broad membership both of this body and probably of
the country to pull together and do what is needed when we face
problems, enemies, and now sometimes even crises. What we are doing
here is an act at best of deception and at worse of cowardice.
{time} 1545
This is not a game. We are going to have other terrorist incidents
that affect us. Once again the head of the FBI would say, ``I wish we
had those multipoint wiretaps. I wish we had taggants so that incident
might not have occurred.'' Then perhaps once again we will all gather
together in a group and we will debate for 3 days in a little
conference room what we should do.
I pray to God that the result is not the same as what happened the
last two times: We end up with a hodgepodge of proposals, unstudied,
unexamined, and at best, marginally effective, and ignore what should
be done. Shame on us. We should be doing much, much more.
Mr. HYDE. Mr. Speaker, I am honored to yield 1 minute to the
distinguished gentleman from Florida [Mr. McCollum], chairman of the
Subcommittee on Crime of the Committee on the Judiciary.
(Mr. McCOLLUM asked and was given permission to revise and extend his
remarks.)
Mr. McCOLLUM. Mr. Speaker, contrary to my good friend, the gentleman
from New York, Chuck Schumer's comments, my judgment is this is a very
fine bill. It is one that is long overdue as a supplement to the
terrorism bill we passed in April. We must as a nation unite together
to fight terrorism. It is one of the three or four major criminal and
international concerns of this Nation as we move into the 21st century.
There are going to be lots of debates over the specific provisions of
how we go about doing this. Yes, I believe we ought to have multipoint
wiretap sources for the FBI to be able to tap more telephones, to get
at these terrorists. But there are a lot of other things we need and
they are in this bill today. There are going to be more things down the
road. We are going to have hearings on the wiretap in our Committee on
the Judiciary in the next month when we come back. I believe we will
produce much more substantive legislation in addition to this as we go
through this process.
Make no mistake, there is really good and important stuff in this
bill. It should be enacted today. As the chairman of the Subcommittee
on Crime and a member of the Committee on Intelligence, I pledge to my
colleagues and friends that we will work diligently to make sure that
terrorism is defeated in every possible source and on every possible
occasion.
Mr. CONYERS. Mr. Speaker, I yield 1 minute to the gentlewoman from
Texas, Ms. Sheila Jackson-Lee, who has done an enormously useful job on
the Committee on the Judiciary.
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the gentleman for
yielding time to me.
Mr. Speaker, I really rise this afternoon in the name of Alice Stubbs
Hawthorne. Who is being funeralized today, who passed at the Olympics
along with a Turkish reporter; the victims of Pan American 103; the
victims of TWA flight 800; Pam Lyncher, Myra Royal of Pan American 103;
and certainly Oklahoma City.
Mr. Speaker, this bill is a wimpish bill. I am saddened to say that
the House Republicans last year shut down the Government in December,
and now they are trying to shut us down on our ability to fight
terrorism. They have precluded us from having taggants to track the
bombs that may have been the cause of these tragic acts. They have
refused to harmonize the terrorism laws with criminal laws, a simple
gesture.
Mr. Speaker, I would simply say that what we must do, and I hope that
our colleagues will comply with what they have just said today, we must
go forward. I will vote for this bill, because there are certain
airport security provisions that will allow us to detect bomb devices,
but we are just beginning. This is a tiny step, and it is not a very
large step for Americans, but I am prepared to work to do better. I
hope my colleagues will join with me to do better for America.
Mr. Speaker, I must rise to express my views on the Aviation Security
and Antiterrorism Act of 1996. While I understand the urgency of
strengthening our current antiterrorism laws, I am concerned about the
process that the House leadership used to bring this bill to the House
floor without considerable input from members of the minority party and
the lack of any opportunity to amend the bill. Every Member of Congress
wants to end domestic terrorism but we must provide for some debate and
careful reflection on this bill before moving forward with provisions
that could undermine the traditional civil liberties of all Americans.
There are some good provisions to this bill and some bad provisions.
The bill enhances the penalties for Privacy Act violations from a
misdemeanor charge to a charge that would lead to imprisonment of not
more than 5 years. Additionally, the civil damages for violating the
Privacy Act would be increased from $1,000 to $5,000. With respect to
disclosures of wiretaps, this bill enhances the criminal penalties to
10 years for such disclosures.
The close monitoring of standards relating to airport security
personnel and authorizing additional funds for this purpose is also
something that all Members can agree. As a part of the security
procedures, however, the Federal Aviation Administration and the
Department of Transportation will work closely with the airlines on
developing computer-assisted passenger profiles programs. We must make
sure that such profiles do not lead to harassment of certain
individuals based upon their race, ethnicity or national origin.
I also support the provisions of the bill that require the United
States to work with other countries to combat international terrorism.
The development of a multilateral sanctions regime against nations that
provide support for acts of international terrorism is a good idea.
The bill requires the Department of Justice to order a study relating
to using taggants in black and smokeless powder. Taggants have been
studied over and over again and many experts believe that taggants are
effective. Hopefully, the result of this study will be issued prior to
the 1 year deadline. If it is determined that taggants are effective in
helping to identify the source of terrorism, it should be implemented
as soon as possible.
The addition of terrorist offenses as predicates for prosecution
under the racketeering statute [RICO] deserve careful study because we
already know that there are some problems in how the RICO statute has
been implemented.
Mr. Speaker, I urge my colleagues to carefully examine the provisions
of this bill before moving--casting their vote. It is important to
reduce the number of terrorist acts and limit the impact of such acts
but we must not unduly burden the rights that all Americans have
enjoyed over the years.
Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would like to clarify a provision of this bill in the
expectation this may become law. We want to make sure we do have a
clear understanding.
In section 106, is it the chairman's understanding that in the matter
of project grants, that grants for the expanded and enhanced security
programs provided for in section 106 would be to airport sponsor, just
as they are made today under the AIP Program; that such grants would
not be made to entities other than airport sponsor, such as airlines or
private companies? Is that the gentleman's understanding?
[[Page H9894]]
Mr. SHUSTER. Mr. Speaker, will the gentleman yield?
Mr. OBERSTAR. I yield to the gentleman from Pennsylvania.
Mr. SHUSTER. That is my interpretation of the language in section
106.
Mr. OBERSTAR. I thank the chairman of the committee.
Mr. Speaker, as I said at the outset during debate on the rule, we on
this side may not have been in on the takeoff, because this legislation
did sort of take shape and form and get rolling on its own, but we
certainly were in on the flight and in on the landing, and have had a
role, and I think a very constructive and positive role to play in each
stage of the formation of this legislation as far as the aviation
security part is concerned.
That is our committee jurisdiction. I want to again express my
appreciation to the chairman of the committee, the gentleman from
Pennsylvania [Mr. Shuster], for his partnership, and the gentleman from
California [Mr. Cox] for his very constructive intervention role that
he played at very important times in the evolution of this piece of the
legislation.
Mr. Speaker, I have had a very long involvement with aviation
security, going back to the years when I chaired the Subcommittee on
Investigations and Oversight with our then-ranking member, now Speaker
of the House, the gentleman from Georgia [Mr. Gingrich]; later, the
gentleman from Pennsylvania [Mr. Clinger]; and I worked very closely on
every aspect of aviation security in crafting the basic structural law,
the Aviation Security Act of 1990, which was crafted basically by the
Pan American 103 commission on which our former ranking member and dear
friend, Mr. Hammersmith, and I served.
With that perspective, I would just like to review some of the
provisions of this legislation before us now. I think, all in all, this
is basically a sound piece of legislation. Section 44913 which is
amended in title I, dealing with explosive detection equipment,
provides authority for the administrator of FAA to certify for
deployment explosive detection devices that are now commercially
available but that may not necessarily meet the standards we set for
the 1990 Security Act.
That will provide a measure of enhanced performance while we go
through, while we, the FAA and DOT, go through the very time-consuming
and technical process of certifying very advanced explosives detection
technology.
Section 102 deals with criminal background checks for screeners at
the Nation's airports. That is not now provided for in current law. I
think this is an important step forward. Pan American 103 commissioned
in the 1990 Security Act, did not deal with domestic terrorism, it
dealt with international acts. This fills an important hole in current
security.
I do want to emphasize that this section amends the 1990 Security
Act, which provides and requires a 10-year criminal background security
check for other airport and airline personnel, and that we are simply
folding this addition into that basic legislation.
Mr. Speaker, the section dealing with passenger profiling I think is
a good addition. We have clarified the language on section 106, the use
of funds to acquire, improve, deploy, and build the facilities
necessary to deploy detection devices.
Assessment of cargo I think is very important. The FBI provisions are
very good.
I do want to point out for my colleagues that the provision dealing
with small airports is going to result in some additional cost for
small airports from which passenger aircraft of less than 61 operate,
that will require costs for x-ray machines, metal detectors, screeners,
and installation costs.
Mr. Speaker, I reserve the balance of my time.
Mr. COX of California. Mr. Speaker, I yield 1 minute to the gentleman
from New Jersey [Mr. Saxton].
Mr. SHUSTER. Mr. Speaker, I also yield 1 minute to the gentleman from
New Jersey.
The SPEAKER pro tempore. The gentleman from New Jersey [Mr. Saxton]
is recognized for 2 minutes.
Mr. SAXTON. Mr. Speaker, let me just begin, and I had to smile when
my friend, the gentleman from New York, Charlie Schumer, and other
speakers on this side characterized what the Republican Party is trying
to do for national security as wimpish. I do not think anybody takes
that as a credible statement.
The provisions of this bill on aviation safety are certainly not
wimpish. The provisions on Federal racketeering statutes and the use of
them in regard to terrorist acts is not wimpish. The use of enhanced
telephone technology to catch terrorists and know what they are doing
is not wimpish. This is not a wimpish bill. In fact, it moves in the
right direction.
Mr. Speaker, I remember in 1990 then-Secretary of Defense Dick Cheney
coming to the Committee on Armed Services and saying, the world is
going to change, folks. The Soviet Union, the threats posed by the
Soviet Union are going to diminish, and other threats will become more
important. He was talking about regional threats and the threats posed
by terrorism.
On June 20, 21, and 22 of this year in Tehran a group of
international terrorists met in a conference. They formed an
organization known as the International Hezbollah, and they vowed to
ratchet up terrorist acts against the West, particularly against the
United States and our people overseas.
Shortly following that, a murder occurred in Egypt. It was an
American diplomat. This organization took credit. Some time after that
a bombing occurred in Dharhan at the airport. Nineteen Americans were
killed, and they took credit. Shortly after that an airplane fell out
of the sky over Long Island, and we do not know yet, but we suspect
there may be a connection there as well.
So what this bill does is simply to try to take us in the direction
of a more secure situation for our people overseas, our travelers, and
our people here at home. For those who think it does not go far enough,
fine. We will go further in the next bill. For those who object to a
provision of this, it is their right to object. But vote to support
this bill which moves in the right direction.
Mr. CONYERS. Mr. Speaker, I yield 30 seconds to the gentleman from
New York [Mr. Forbes].
Mr. FORBES. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, this legislation is woefully inadequate. I am sorry to
stand here today and say that. But unfortunately, the tragedy that we
have witnessed on Long Island, which is in my congressional district,
makes me very concerned about what is going on here.
Can we actually look in the eyes of any one of the families suffering
through this tragedy and tell them that this legislation would have
made their loved ones more secure? I suggest not. This is an
unfortunate and inadequate piece of legislation.
Mr. OBERSTAR. In the interests of advancing the cause here, Mr.
Speaker, I yield myself the balance of my time.
The SPEAKER pro tempore. The gentleman from Minnesota [Mr. Oberstar]
is recognized for 1 minute and 15 seconds.
{time} 1600
Mr. OBERSTAR. Mr. Speaker, I do so to address the Civil Aviation
Security Review Commission provision of this bill, 13 members, 1 year
to report. While I support the idea of a commission, I think this is
too many people, too long a time to report. The Pan Am 103 commission
did its job in 6 months.
In addition, I have some concerns about the amount of money
authorized to be spent on this commission. The Pan Am 103 commission
developed recommendations in less time, with a much more conservative
budget. The Pan Am commission achieved its mandate with a budget of $1
million. The commission in this bill has an authorized budget of $2.4
million. The cost anticipated in connection with the commission in this
bill are excessive.
As for what the commission should focus on, I would urge commission
members to look closely at the issue of how the financing of improved
security equipment and procedures should be handled. Who should be
responsible for incurring the cost that are inevitably associated with
improving airport security; airports, airlines, the Federal Government?
I very firmly believe that when the commission discussed potential
rulemaking in the area of airport security, the resulting
recommendations should be normative in nature. Cost benefit analyses
should not influence the discussions or recommendations of the
Commission. The costs associated with improved airport security must
ultimately be considered,
[[Page H9895]]
but I do not think that it is the role of the commission to do so. The
commission must develop and recommend optimal security recommendations
and let Congress and the administration weight those recommendations
against the costs and inconveniences associated with them.
One issue that must be considered is whether a positive bag match
should be required for passengers traveling domestically, as it is
currently required on international flights. Again, while there would
unquestionably be a significant impact on aviation in domestic markets
should such a bag match be imposed, the commission should, to the
extent possible, view a required domestic bag match with regard for
potential costs or inconveniences.
In closing, there is a question we must pose to the American public,
the executive branch, and this body. It is a question of political and
personal will. We all want a higher level of airport security. How much
is the public willing to pay? How much is the public willing to be
inconvenienced? The answer today may be, to paraphrase President
Kennedy, ``we are willing to pay any price, bear any burden.'' From
experience I know that the answer a year from now will likely be very
different. Now is when we must ask the question and formulate the
answer.
Mr. Speaker, I urge my colleagues to support this important
legislation.
Mr. CONYERS. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Washington [Mr. Dicks].
Mr. DICKS. Mr. Speaker, this morning instead of attending a meeting
he had requested with the director of Central Intelligence to discuss
activities to combat terrorism, the Speaker of the House chose to make
some comments which served no purpose other than to undercut bipartisan
efforts to pass a meaningful counterterrorism bill. To suggest that our
ability to collect human intelligence on terrorists and terrorist
organizations had been undermined by the Clinton administration is
simply not correct.
Perhaps the Speaker, an ex officio member of the Permanent Select
Committee on Intelligence, should reread the committee's report on the
fiscal year 1996 intelligence authorization bill. The report stated,
``Overall, the Committee believes that the work of the U.S.
intelligence agencies against terrorism has been an example of
effective coordination and information sharing.'' The report also
noted, ``The Committee, in its mark, has provided added support to the
Intelligence Community programs focused on the terrorist threat.''
The recent report of the Aspin-Brown commission on intelligence also
stated, ``U.S. intelligence has played key roles in helping other
countries identify and/or arrest several notorious terrorists,
including Carlos the Jackal in Sudan, the alleged ringleader of the
World Trade Center bombing, in the Philippines, the head of the Shining
Path terrorist group in Peru, and those involved in the bombing of Pan
Am 103.''
Mr. CONYERS. Mr. Speaker, I yield myself the balance of my time.
The SPEAKER pro tempore (Mr. Hastert). The gentleman from Michigan
[Mr. Conyers] is recognized for 1 minute.
Mr. CONYERS. Mr. Speaker, we began the attempt to do something during
the summer recess by meeting with the President of the United States
and the White House with our leadership, the ranking member of
judiciary, myself, Vice President, Attorney General, FBI Director, and
Speaker Gingrich was so amicable. Now we come to Friday, and he makes
this unusually vituperative attack upon the President and misleads the
American people on what has been going on here in our attempts to
combat antiterrorism.
We know what is happening here, and I hope that we can communicate
this to everyone else.
Mr. COX of California. Mr. Speaker, I yield myself the balance of my
time.
I will be brief in closing, because I know that several of our
colleagues wish to catch airplanes. We had been long scheduled to
adjourn today, but just a few days ago the President of the United
States asked the Congress, not just the House but the Senate as well,
not just Republicans but Democrats to do what we can before we go. As a
consequence, a task force of us comprising our leaders, committee
chairmen, ranking and majority members in the Senate and in the house,
representatives of the administration, including the President's chief
of staff, including the deputy attorney general, including
representatives from the FBI, the Department of State, and many
executive branch agencies worked here in this Capitol for long days and
long nights.
Much has been said about what we disagreed about. In truth, we did
disagree about two major items: This House sought to include in this
terrorism package a good-faith exception to the exclusionary rule so
that the evidence that will convict terrorists makes it into the
courtroom. We passed it five times on the floor of this House, but it
was not acceptable to our colleagues in the minority, on the Senate
side.
So notwithstanding that the good-faith exception to the exclusionary
rule that would permit evidence of terrorism to make it into the
courtroom has passed this House five times, it is not included in this
legislation; neither is wiretapping legislation that has passed the
Senate but has not passed this body. We were charged with a very
specific task, and that is to do as much as we can agree upon before we
leave and to do so, obviously, under procedures that require unanimous
consent in the other body and require us to bring it up under
suspension of the rules here.
Rather than dwell upon the two things that we disagreed on, we ought
to dwell on the score of things that we did agree upon, because there
is much good in this legislation.
As a result of this bill, the Federal Aviation Administration will
have immediate authority to put in place performance standards for
security personnel at our airports. The FBI does not presently do
threat and vulnerability assessments at our riskiest airports such as
JFK in New York, but as a result of this bill they will have the
immediate authority to do so.
As a result of this bill, airport improvement funds are authorized to
be used to fight terrorism and to provide security in our air transport
against terrorism.
As a result of this bill, we will now give our criminal prosecutors
in our Federal courts the same tools to fight terrorists they use to
fight racketeers and organized crime. I want to thank my colleagues,
Democrats and Republicans, in the House and in the Senate, and in the
administration for the hard work that we have done to bring us to this
point. This is amazing good work. It comes after long hours and late
nights. Yes, it comes after the imposition of virtually an unreasonable
deadline. But we persisted and we should be proud of this result.
Let us also say as we go out to campaign, in some cases against one
another in very partisan races, that in this we are united, because
this is as close as the 104th Congress will come to dealing with real
war. This is America's war against global terrorism. Is this the last
time we will address it? Absolutely not. It will require persistence
and eternal vigilance. Is this the best that we can do today?
Absolutely. We have every right to be proud of it and every reason to
vote for it. I urge my colleagues to vote ``aye'' on this Aviation
Security and Antiterrorism Act of 1996.
Mr. DeFAZIO of Oregon. Mr. Speaker, I have grave concerns with the
efficacy of the Federal Aviation Administration's measures to combat
terrorism aimed at aviation targets. Over the past decade I have made
these concerns known to both present and past administrators at the
FAA. We need to address these issues through comprehensive and well
thought out legislation. If this bill is a good faith attempt to pass
stop-gap-type legislation that we can reconsider and perfect in
September, then I support this effort. However, if this legislation is
being hailed as the ultimate solution to a serious problem, then this
bill is clearly a sham.
I understand the desire on the part of many Members of Congress to
react swiftly to recent tragedies such as the bombing in Atlanta last
week and the downing of TWA Flight 800 last month. We are all anxious
to adopt strong security measures to try and correct any current
deficiencies in aviation security. But we have had plenty of
opportunities to review this type of legislation. I supported many of
the measures recommended after the Lockerbie tragedy that have never
been adopted by the FAA. For example, we should have adopted
recommendations mandating screening of security personnel and
development of bomb resistant cargo containers in conjunction with
prompt deployment of effective bomb screening devices. However, the
United States remains years behind schedule in adopting these
proposals.
[[Page H9896]]
Aviation security is a serious matter concerning the life or death of
our citizens. It is far too serious to deal with in a slapdash bill
thrown together by Republican staff behind closed doors in a 24-hour
period. There are some provisions in this bill that I fully support and
do not find objectionable. I am pleased that the bill recommends a
commission on airline safety and security, although this seems to be
duplicative of the recently created Gore commission. Some provisions
are well intentioned but not practicable. There are other provisions
that are outright counterproductive.
We should not rush to a vote on this legislation on the pretext that
this is the most comprehensive effective step we can take to combat
terrorism particularly if it precludes more thoughtful legislation in
September.
Mr. LAZIO of New York. Mr. Speaker, although I rise today in support
of this bill, I must admit to experiencing, as Yogi Bera once put it,
deja vu all over again. This past spring we passed and the President
signed a compromise antiterrorism bill which I supported. There were
several provisions that were removed from that legislation that I would
have preferred remain, and I am disappointed that they are not included
in this bill today.
Rather, the proposal we are considering today only goes part of the
way in providing law enforcement the tools they need to combat this
threat of terrorism. The expanded law enforcement provisions that were
originally reported out of the Judiciary Committee, which are not being
considered here today, are not inconsistent with our constitutional
protections.
Instead, they are a measured response to a specific and increasing
threat. The truth is that as terrorists are becoming more
sophisticated, there are some of my colleagues who believe we should
unilaterally disarm ourselves, rather than improve our antiterrorism
capabilities.
Providing physical security is, as it should be, the first order of
business of any government. The preamble to the U.S. Constitution
states that the foundational reason the Federal Government formed is to
establish justice and insure domestic tranquility. Congress has in the
past provided law enforcement additional tools in order to meet
specific threats when conventional methods were insufficient, within
constitutional limitations.
Although I believe that the provisions in this bill regarding
aviation security are laudable, and some of the antiterrorism
provisions would be helpful, overall the remedies contained in this
bill are, quite frankly, a drop in the bucket.
For example, this bill calls for a separate study of black and
smokeless powder that will be relegated to the ash heap of other
Government studies. Instead, the bill should include these items as
part of the comprehensive study of explosives that is already provided
for by the antiterrorism law we passed in April, and regulations should
be implemented as soon as possible.
At this point in time, we still do not know the cause of the tragedy
of Flight 800 off the southern shore of Long Island. But we are
certainly aware of the acts of terrorism that occurred in Saudi Arabia,
and most recently at the Olympic games in Atlanta. How many more
terrorist incidents do we need before we take the steps needed to more
fully protect the public? I sincerely wish that this bill was tougher,
and that public policy interests were paramount.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California [Mr. Cox] that the House suspend the rules
and pass the bill, H.R. 3953.
The question was taken.
recorded vote
Mr. COX of California. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 389,
noes 22, not voting 22, as follows:
[Roll No. 401]
AYES--389
Abercrombie
Ackerman
Andrews
Archer
Armey
Bachus
Baesler
Baker (CA)
Baker (LA)
Baldacci
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bliley
Blute
Boehlert
Boehner
Bonior
Borski
Boucher
Brewster
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant (TN)
Bryant (TX)
Bunn
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cardin
Castle
Chabot
Chambliss
Chapman
Chenoweth
Christensen
Chrysler
Clay
Clayton
Clement
Clyburn
Coble
Coleman
Collins (GA)
Collins (IL)
Collins (MI)
Combest
Conyers
Cox
Coyne
Cramer
Crane
Crapo
Cremeans
Cubin
Cummings
Cunningham
Danner
Davis
de la Garza
Deal
DeLauro
DeLay
Dellums
Diaz-Balart
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Dornan
Doyle
Dreier
Duncan
Dunn
Durbin
Edwards
Ehrlich
Engel
English
Ensign
Eshoo
Evans
Everett
Ewing
Farr
Fattah
Fawell
Fazio
Fields (LA)
Fields (TX)
Filner
Flake
Flanagan
Foglietta
Foley
Forbes
Fowler
Fox
Frank (MA)
Franks (CT)
Franks (NJ)
Frelinghuysen
Frisa
Frost
Funderburk
Furse
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goodlatte
Goodling
Gordon
Goss
Graham
Green (TX)
Greene (UT)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefner
Heineman
Herger
Hilleary
Hilliard
Hinchey
Hobson
Hoke
Holden
Horn
Houghton
Hoyer
Hunter
Hutchinson
Hyde
Inglis
Istook
Jackson (IL)
Jackson-Lee (TX)
Jacobs
Jefferson
Johnson (CT)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Johnston
Jones
Kanjorski
Kaptur
Kasich
Kelly
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klug
Knollenberg
Kolbe
LaFalce
Lantos
Largent
Latham
LaTourette
Laughlin
Lazio
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lightfoot
Linder
Lipinski
Livingston
LoBiondo
Lofgren
Longley
Lowey
Lucas
Luther
Maloney
Manton
Manzullo
Markey
Martinez
Martini
Mascara
Matsui
McCarthy
McCollum
McDermott
McHale
McHugh
McInnis
McIntosh
McKeon
McKinney
McNulty
Menendez
Metcalf
Meyers
Mica
Millender-McDonald
Miller (CA)
Miller (FL)
Minge
Mink
Moakley
Molinari
Montgomery
Moorhead
Moran
Myrick
Nadler
Neal
Nethercutt
Neumann
Ney
Norwood
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Pryce
Quinn
Rahall
Ramstad
Rangel
Reed
Regula
Richardson
Riggs
Rivers
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Roybal-Allard
Royce
Rush
Sabo
Salmon
Sanders
Sawyer
Saxton
Schaefer
Schiff
Schroeder
Schumer
Scott
Seastrand
Sensenbrenner
Serrano
Shadegg
Shaw
Shays
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Solomon
Spence
Spratt
Stark
Stearns
Stokes
Studds
Stump
Stupak
Talent
Tanner
Tate
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas
Thompson
Thornberry
Thornton
Thurman
Torres
Torricelli
Towns
Traficant
Upton
Velazquez
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Wamp
Ward
Waters
Watt (NC)
Watts (OK)
Waxman
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wicker
Williams
Wilson
Wise
Wolf
Woolsey
Wynn
Yates
Zeliff
Zimmer
NOES--22
Allard
Bonilla
Bono
Coburn
Cooley
Costello
Ehlers
Hefley
Hoekstra
Hostettler
Klink
LaHood
Mollohan
Murtha
Myers
Radanovich
Sanford
Scarborough
Souder
Stockman
Tiahrt
Young (AK)
NOT VOTING--22
Beilenson
Bishop
Blumenauer
Brownback
Bunning
Clinger
Condit
DeFazio
Deutsch
Dickey
Ford
Gunderson
Lincoln
McCrery
McDade
Meehan
Meek
Morella
Quillen
Stenholm
Torkildsen
Young (FL)
{time} 1626
The Clerk announced the following pairs:
On this vote:
Mrs. Morella and Mr. Deutsch for, with Mr. DeFazio of
Oregon against.
Mr. POMBO and Mr. CRAPO changed their vote from ``no'' to ``aye.''
So (two-thirds having voted in favor thereof) the rules were
suspended and the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________