[Congressional Record Volume 147, Number 124 (Friday, September 21, 2001)]
[House]
[Pages H5894-H5918]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AIR TRANSPORTATION SAFETY AND SYSTEM STABILIZATION ACT
Mr. YOUNG of Alaska. Mr. Speaker, pursuant to House Resolution 244, I
call up the bill (H.R. 2926) to preserve the continued viability of the
United States air transportation system, and ask for its immediate
consideration.
The Clerk read the title of the bill.
The text of H.R. 2926 is as follows:
H.R. 2926
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Transportation Safety
and System Stabilization Act''.
TITLE I--AIRLINE STABILIZATION
SEC. 101. AVIATION DISASTER RELIEF.
(a) In General.--Notwithstanding any other provision of
law, the President shall take the following actions to
compensate air carriers for losses incurred by the air
carriers as a result of the terrorist attacks on the United
States that occurred on September 11, 2001:
(1) Subject to such terms and conditions as the President
deems necessary, issue Federal credit instruments to air
carriers that do not, in the aggregate, exceed
$10,000,000,000 and provide the subsidy amounts necessary for
such instruments in accordance with the provisions of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
(2) Compensate air carriers in an aggregate amount equal to
$5,000,000,000 for--
(A) direct losses incurred beginning on September 11, 2001,
by air carriers as a result of any Federal ground stop order
issued by the Secretary of Transportation or any subsequent
order which continues or renews such a stoppage; and
(B) the incremental losses incurred beginning September 11,
2001, and ending December 31, 2001, by air carriers as a
direct result of such attacks.
(b) Emergency Designation.--Congress designates the amount
of new budget authority and outlays in all fiscal years
resulting from this title as an emergency requirement
pursuant to section 252(e) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(e)). Such
amount shall be available only to the extent that a request,
that includes designation of such amount as an emergency
requirement as defined in such Act, is transmitted by the
President to Congress.
SEC. 102. AIR TRANSPORTATION STABILIZATION BOARD.
(a) Definitions.--In this section, the following
definitions apply:
(1) Board.--The term ``Board'' means the Air Transportation
Stabilization Board established under subsection (b).
(2) Financial obligation.--The term ``financial
obligation'' means any note, bond, debenture, or other debt
obligation issued by an obligor in connection with financing
under this section and section 101(a)(1).
(3) Lender.--The term ``lender'' means any non-Federal
qualified institutional buyer (as defined by section
230.144A(a) of title 17, Code of Federal Regulations (or any
successor regulation) known as Rule 144A(a) of the Securities
and Exchange Commission and issued under the Security Act of
1933, including--
(A) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986 (26 U.S.C.
4974(c)) that is a qualified institutional buyer; and
(B) a governmental plan (as defined in section 414(d) of
the Internal Revenue Code of 1986 (26 U.S.C. 414(d)) that is
a qualified institutional buyer.
(4) Obligor.--The term ``obligor'' means a party primarily
liable for payment of the principal of or interest on a
Federal credit instrument, which party may be a corporation,
partnership, joint venture, trust, or governmental entity,
agency, or instrumentality.
(b) Air Transportation Stabilization Board.--
(1) Establishment.--There is established a board (to be
known as the ``Air Transportation Stabilization Board'') to
review and decide on applications for Federal credit
instruments under section 101(a)(1).
(2) Composition.--The Board shall consist of--
(A) the Secretary of Transportation or the designee of the
Secretary;
(B) the Chairman of the Board of Governors of the Federal
Reserve System, or the designee of the Chairman, who shall be
the Chair of the Board;
(C) the Secretary of the Treasury or the designee of the
Secretary; and
(D) the Comptroller General of the United States, or the
designee of the Comptroller General, as a nonvoting member of
the Board.
(c) Federal Credit Instruments.--
(1) In general.--The Board may enter into agreements with 1
or more obligors to issue Federal credit instruments under
section 101(a)(1) if the Board determines, in its discretion,
that--
(A) the obligor is an air carrier for which credit is not
reasonably available at the time of the transaction;
(B) the intended obligation by the obligor is prudently
incurred; and
(C) such agreement is a necessary part of maintaining a
safe, efficient, and viable commercial aviation system in the
United States.
(2) Terms and limitations.--
(A) Forms; terms and conditions.--A Federal credit
instrument shall be issued under section 101(a)(1) in such
form and on such terms and conditions and contain such
covenants, representatives, warranties, and requirements
(including requirements for audits) as the Board determines
appropriate.
(B) Procedures.--Not later than 14 days after the date of
enactment of this Act, the Director of the Office of
Management and Budget shall issue regulations setting forth
procedures for application and minimum requirements, which
may be supplemented by the Board in its discretion, for the
issuance of Federal credit instruments under section
101(a)(1).
(d) Financial Protection of Government.--
(1) In general.--To the extent feasible and practicable,
the Board shall ensure that the Government is compensated for
the risk assumed in making guarantees under this title.
(2) Government participation in gains.--To the extent to
which any participating corporation accepts financial
assistance, in the form of accepting the proceeds of any
loans guaranteed by the Government under this title, the
Board is authorized to enter into contracts under which the
Government, contingent on the financial success of the
participating corporation, would participate in the gains of
the participating corporation or its security holders through
the use of such instruments as warrants, stock options,
common or preferred stock, or other appropriate equity
instruments.
(3) Deposit in treasury.--All amounts collected by the
Secretary of the Treasury under this subsection shall be
deposited in the Treasury as miscellaneous receipts.
SEC. 103. SPECIAL RULES FOR COMPENSATION.
(a) Documentation.--Subject to subsection (b), the amount
of compensation payable to an air carrier under section
101(a)(2) may not exceed the amount of losses described in
section 101(a)(2) that the air carrier demonstrates to the
satisfaction of the President, using sworn financial
statements or other appropriate data, that the air carrier
incurred. The Secretary of Transportation and the Comptroller
General of the United States may audit such statements and
may request any information that the Secretary and the
Comptroller General deems necessary to conduct such audit.
(b) Maximum Amount of Compensation Payable Per Air
Carrier.--The maximum total amount of compensation payable to
an air carrier under section 101(a)(2) may not exceed the
lesser of--
(1) the amount of such air carrier's direct and incremental
losses described in section 101(a)(2); or
(2) in the case of--
(A) flights involving passenger-only or combined passenger
and cargo transportation, the product of--
[[Page H5895]]
(i) $4,500,000,000; and
(ii) the ratio of--
(I) the available seat miles of the air carrier for the
month of August 2001 as reported to the Secretary; to
(II) the total available seat miles of all such air
carriers for such month as reported to the Secretary; and
(B) flights involving cargo-only transportation, the
product of--
(i) $500,000,000; and
(ii) the ratio of--
(I) the revenue ton miles or other auditable measure of the
air carrier for cargo for the latest quarter for which data
is available as reported to the Secretary; to
(II) the total revenue ton miles or other auditable measure
of all such air carriers for cargo for such quarter as
reported to the Secretary.
(c) Payments.--The President may provide compensation to
air carriers under section 101(a)(2) in 1 or more payments up
to the amount authorized by this title.
SEC. 104. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.
(a) In General.--The President may only issue a Federal
credit instrument under section 101(a)(1) to an air carrier
after the air carrier enters into a legally binding agreement
with the President that, during the 2-year period beginning
September 11, 2001, and ending September 11, 2003, no officer
or employee of the air carrier whose total compensation
exceeded $300,000 in calendar year 2000 (other than an
employee whose compensation is determined through an existing
collective bargaining agreement entered into prior to
September 11, 2001)--
(1) will receive from the air carrier total compensation
which exceeds, during any 12 consecutive months of such 2-
year period, the total compensation received by the officer
or employee from the air carrier in calendar year 2000; and
(2) will receive from the air carrier severance pay or
other benefits upon termination of employment with the air
carrier which exceeds twice the maximum total compensation
received by the officer or employee from the air carrier in
calendar year 2000.
(b) Total Compensation Defined.--In this section, the term
``total compensation'' includes salary, bonuses, awards of
stock, and other financial benefits provided by an air
carrier to an officer or employee of the air carrier.
SEC. 105. CONTINUATION OF CERTAIN AIR SERVICE.
(a) Action of Secretary.--The Secretary of Transportation
should take appropriate action to ensure that all communities
that had scheduled air service before September 11, 2001,
continue to receive adequate air transportation service and
that essential air service to small communities continues
without interruption.
(b) Essential Air Service.--There is authorized to be
appropriated to the Secretary to carry out the essential air
service program under subchapter II of chapter 417 of title
49, United States Code, $120,000,000 for fiscal year 2002.
(c) Secretarial Oversight.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary is authorized to require an air carrier
receiving direct financial assistance under this Act to
maintain scheduled air service to any point served by that
carrier before September 11, 2001.
(2) Agreements.--In applying paragraph (1), the Secretary
may require air carriers receiving direct financial
assistance under this Act to enter into agreements which will
ensure, to the maximum extent practicable, that all
communities that had scheduled air service before September
11, 2001, continue to receive adequate air transportation
service.
SEC. 106. REPORTS.
(a) Report.--Not later than February 1, 2001, the President
shall transmit to the Committee on Transportation and
Infrastructure, the Committee on Appropriations, and the
Committee on the Budget of the House of Representatives and
the Committee on Commerce, Science, and Transportation, the
Committee on Appropriations, and the Committee on the Budget
of the Senate a report on the financial status of the air
carrier industry and the amounts of assistance provided under
this title to each air carrier.
(b) Update.--Not later than the last day of the 7-month
period following the date of enactment of this Act, the
President shall update and transmit the report to the
Committees.
SEC. 107. DEFINITIONS.
In this title, the following definitions apply:
(1) Air carrier.--The term ``air carrier'' has the meaning
such term has under section 40102 of title 49, United States
Code.
(2) Federal credit instrument.--The term ``Federal credit
instrument'' means any guarantee or other pledge by the Board
issued under section 101(a)(1) to pledge the full faith and
credit of the United States to pay all or part of any of the
principal of and interest on a loan or other debt obligation
issued by an obligor and funded by a lender.
(3) Incremental loss.--The term ``incremental loss'' does
not include any loss that the President determines would have
been incurred if the terrorist attacks on the United States
that occurred on September 11, 2001, had not occurred.
TITLE II--AVIATION INSURANCE
SEC. 201. DOMESTIC INSURANCE AND REIMBURSEMENT OF INSURANCE
COSTS.
(a) In General.--Section 44302 of title 49, United States
Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``subsection (b)'' and inserting
``subsection (c)''; and
(B) by striking ``foreign-flag aircraft--'' and all that
follows through the period at the end of subparagraph (B) and
inserting ``foreign-flag aircraft.'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Reimbursement of Insurance Cost Increases.--
``(1) In general.--The Secretary may reimburse an air
carrier for the increase in the cost of insurance, with
respect to a premium for coverage ending before October 1,
2002, against loss or damage arising out of any risk from the
operation of an American aircraft over the insurance premium
that was in effect for a comparable operation during the
period beginning September 4, 2001, and ending September 10,
2001, as the Secretary may determine. Such reimbursement is
subject to subsections (a)(2), (c), and (d) of this section
and to section 44303.
``(2) Payment from revolving fund.--A reimbursement under
this subsection shall be paid from the revolving fund
established by section 44307.
``(3) Further conditions.--The Secretary may impose such
further conditions on insurance for which the increase in
premium is subject to reimbursement under this subsection as
the Secretary may deem appropriate in the interest of air
commerce.
``(4) Termination of authority.--The authority to reimburse
air carriers under this subsection shall expire 180 days
after the date of enactment of this paragraph.'';
(4) in subsection (c) (as so redesignated)--
(A) in the first sentence by inserting ``, or reimburse an
air carrier under subsection (b) of this section,'' before
``only with the approval''; and
(B) in the second sentence--
(i) by inserting ``or the reimbursement'' before ``only
after deciding''; and
(ii) by inserting ``in the interest of air commerce or
national security or'' before ``to carry out the foreign
policy''; and
(5) in subsection (d) (as so redesignated) by inserting
``or reimbursing an air carrier'' before ``under this
chapter''.
(b) Coverage.--
(1) In general.--Section 44303 of such title is amended--
(A) in the matter preceding paragraph (1) by inserting ``,
or reimburse insurance costs, as'' after ``insurance and
reinsurance''; and
(B) in paragraph (1) by inserting ``in the interest of air
commerce or national security or'' before ``to carry out the
foreign policy''.
(2) Discretion of the secretary.--For acts of terrorism
committed on or to an air carrier during the 180-day period
following the date of enactment of this Act, the Secretary of
Transportation may certify that the air carrier was a victim
of an act of terrorism and in the Secretary's judgment, based
on the Secretary's analysis and conclusions regarding the
facts and circumstances of each case, shall not be
responsible for losses suffered by third parties (as referred
to in section 205.5(b)(1) of title 14, Code of Federal
Regulations) that exceed $100,000,000, in the aggregate, for
all claims by such parties arising out of such act. If the
Secretary so certifies, the air carrier shall not be liable
for an amount that exceeds $100,000,000, in the aggregate,
for all claims by such parties arising out of such act, and
the Government shall be responsible for any liability above
such amount. No punitive damages may be awarded against an
air carrier (or the Government taking responsibility for an
air carrier under this paragraph) under a cause of action
arising out of such act.
(c) Reinsurance.--Section 44304 of such title is amended--
(1) by striking ``(a) General Authority.--''; and
(2) by striking subsection (b).
(d) Premiums.--Section 44306 of such title is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Allowances in Setting Premium Rates for
Reinsurance.--In setting premium rates for reinsurance, the
Secretary may make allowances to the insurance carrier for
expenses incurred in providing services and facilities that
the Secretary considers good business practices, except for
payments by the air carrier for the stimulation or
solicitation of insurance business.''.
(e) Conforming Amendment.--Section 44305(b) of such title
is amended by striking ``44302(b)'' and inserting
``44302(c)''.
SEC. 202. EXTENSION OF PROVISIONS TO VENDORS, AGENTS, AND
SUBCONTRACTORS OF AIR CARRIERS.
Notwithstanding any other provision of this title, the
Secretary may extend any provision of chapter 443 of title
49, United States Code, as amended by this title, and the
provisions of this title, to vendors, agents, and
subcontractors of air carriers. For the 180-day period
beginning on the date of enactment of this Act, the Secretary
may extend or amend any such provisions so as to ensure that
the entities referred to in the preceding sentence are not
responsible in cases of acts of terrorism for losses suffered
by third parties that exceed the amount of such entities'
liability coverage, as determined by the Secretary.
[[Page H5896]]
TITLE III--TAX PROVISIONS
SEC. 301. EXTENSION OF DUE DATE FOR EXCISE TAX DEPOSITS;
TREATMENT OF LOSS COMPENSATION.
(a) Extension of Due Date for Excise Tax Deposits.--
(1) In general.--In the case of an eligible air carrier,
any airline-related deposit required under section 6302 of
the Internal Revenue Code of 1986 to be made after September
10, 2001, and before November 15, 2001, shall be treated for
purposes of such Code as timely made if such deposit is made
on or before November 15, 2001. If the Secretary of the
Treasury so prescribes, the preceding sentence shall be
applied by substituting for ``November 15, 2001'' each place
it appears--
(A) ``January 15, 2002'', or
(B) such earlier date after November 15, 2001, as such
Secretary may prescribe.
(2) Eligible air carrier.--For purposes of this subsection,
the term ``eligible air carrier'' means any domestic
corporation engaged in the trade or business of transporting
(for hire) persons by air if such transportation is available
to the general public.
(3) Airline-related deposit.--For purposes of this
subsection, the term ``airline-related deposit'' means any
deposit of--
(A) taxes imposed by subchapter C of chapter 33 of such
Code (relating to transportation by air), and
(B) taxes imposed by chapters 21, 22, and 24 with respect
to employees engaged in a trade or business referred to in
paragraph (2).
(b) Treatment of Loss Compensation.--Nothing in any
provision of law shall be construed to exclude from gross
income under the Internal Revenue Code of 1986 any
compensation received under section 101(a)(2) of this Act.
TITLE IV--VICTIM COMPENSATION
SEC. 401. SHORT TITLE.
This title may be cited as the ``September 11th Victim
Compensation Fund of 2001''.
SEC. 402. DEFINITIONS.
In this title, the following definitions apply:
(1) Air carrier.--The term ``air carrier'' means a citizen
of the United States undertaking by any means, directly or
indirectly, to provide air transportation and includes
employees and agents of such citizen.
(2) Air transportation.--The term ``air transportation''
means foreign air transportation, interstate air
transportation, or the transportation of mail by aircraft.
(3) Claimant.--The term ``claimant'' means an individual
filing a claim for compensation under section 405(a)(1).
(4) Collateral source.--The term ``collateral source''
means all collateral sources, including life insurance,
pension funds, death benefit programs, and payments by
Federal, State, or local governments related to the
terrorist-related aircraft crashes of September 11, 2001.
(5) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment
opportunities) to the extent recovery for such loss is
allowed under applicable State law.
(6) Eligible individual.--The term ``eligible individual''
means an individual determined to be eligible for
compensation under section 405(c).
(7) Noneconomic losses.--The term ``noneconomic losses''
means losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of
domestic service), hedonic damages, injury to reputation, and
all other nonpecuniary losses of any kind or nature.
(8) Special master.--The term ``Special Master'' means the
Special Master appointed under section 404(a).
SEC. 403. PURPOSE.
It is the purpose of this title to provide compensation to
any individual (or relatives of a deceased individual) who
was physically injured or killed as a result of the
terrorist-related aircraft crashes of September 11, 2001.
SEC. 404. ADMINISTRATION.
(a) In General.--The Attorney General, acting through a
Special Master appointed by the Attorney General, shall--
(1) administer the compensation program established under
this title;
(2) promulgate all procedural and substantive rules for the
administration of this title; and
(3) employ and supervise hearing officers and other
administrative personnel to perform the duties of the Special
Master under this title.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to pay the
administrative and support costs for the Special Master in
carrying out this title.
SEC. 405. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.
(a) Filing of Claim.--
(1) In general.--A claimant may file a claim for
compensation under this title with the Special Master. The
claim shall be on the form developed under paragraph (2) and
shall state the factual basis for eligibility for
compensation and the amount of compensation sought.
(2) Claim form.--
(A) In general.--The Special Master shall develop a claim
form that claimants shall use when submitting claims under
paragraph (1). The Special Master shall ensure that such form
can be filed electronically, if determined to be practicable.
(B) Contents.--The form developed under subparagraph (A)
shall request--
(i) information from the claimant concerning the physical
harm that the claimant suffered, or in the case of a claim
filed on behalf of a decedent information confirming the
decedent's death, as a result of the terrorist-related
aircraft crashes of September 11, 2001;
(ii) information from the claimant concerning any possible
economic and noneconomic losses that the claimant suffered as
a result of such crashes; and
(iii) information regarding collateral sources of
compensation the claimant has received or is entitled to
receive as a result of such crashes.
(3) Limitation.--No claim may be filed under paragraph (1)
after the date that is 2 years after the date on which
regulations are promulgated under section 407.
(b) Review and Determination.--
(1) Review.--The Special Master shall review a claim
submitted under subsection (a) and determine--
(A) whether the claimant is an eligible individual under
subsection (c);
(B) with respect to a claimant determined to be an eligible
individual--
(i) the extent of the harm to the claimant, including any
economic and noneconomic losses; and
(ii) the amount of compensation to which the claimant is
entitled based on the harm to the claimant, the facts of the
claim, and the individual circumstances of the claimant.
(2) Negligence.--With respect to a claimant, the Special
Master shall not consider negligence or any other theory of
liability.
(3) Determination.--Not later than 120 days after that date
on which a claim is filed under subsection (a), the Special
Master shall complete a review, make a determination, and
provide written notice to the claimant, with respect to the
matters that were the subject of the claim under review. Such
a determination shall be final and not subject to judicial
review.
(4) Rights of claimant.--A claimant in a review under
paragraph (1) shall have--
(A) the right to be represented by an attorney;
(B) the right to present evidence, including the
presentation of witnesses and documents; and
(C) any other due process rights determined appropriate by
the Special Master.
(5) No punitive damages.--The Special Master may not
include amounts for punitive damages in any compensation paid
under a claim under this title.
(6) Collateral compensation.--The Special Master shall
reduce the amount of compensation determined under paragraph
(1)(B)(ii) by the amount of the collateral source
compensation the claimant has received or is entitled to
receive as a result of the terrorist-related aircraft crashes
of September 11, 2001.
(c) Eligibility.--
(1) In general.--A claimant shall be determined to be an
eligible individual for purposes of this subsection if the
Special Master determines that such claimant--
(A) is an individual described in paragraph (2); and
(B) meets the requirements of paragraph (3).
(2) Individuals.--A claimant is an individual described in
this paragraph if the claimant is--
(A) an individual who--
(i) was present at the World Trade Center, (New York, New
York), the Pentagon (Arlington, Virginia), or the site of the
aircraft crash at Shanksville, Pennsylvania at the time, or
in the immediate aftermath, of the terrorist-related aircraft
crashes of September 11, 2001; and
(ii) suffered physical harm or death as a result of such an
air crash;
(B) an individual who was a member of the flight crew or a
passenger on American Airlines flight 11 or 77 or United
Airlines flight 93 or 175, except that an individual
identified by the Attorney General to have been a participant
or conspirator in the terrorist-related aircraft crashes of
September 11, 2001, or a representative of such individual
shall not be eligible to receive compensation under this
title; or
(C) in the case of a decedent who is an individual
described in subparagraph (A) or (B), the personal
representative of the decedent who files a claim on behalf of
the decedent.
(3) Requirements.--
(A) Single claim.--Not more than one claim may be submitted
under this title by an individual or on behalf of a deceased
individual.
(B) Limitation on civil action.--
(i) In general.--Upon the submission of a claim under this
title, the claimant waives the right to file a civil action
(or to be a party to an action) in any Federal or State court
for damages sustained as a result of the terrorist-related
aircraft crashes of September 11, 2001. The preceding
sentence does not apply to a civil action to recover
collateral source obligations.
(ii) Pending actions.--In the case of an individual who is
a party to a civil action described in clause (i), such
individual may not submit a claim under this title unless
such
[[Page H5897]]
individual withdraws from such action by the date that is 90
days after the date on which regulations are promulgated
under section 407.
SEC. 406. PAYMENTS TO ELIGIBLE INDIVIDUALS.
(a) In General.--Not later than 20 days after the date on
which a determination is made by the Special Master regarding
the amount of compensation due a claimant under this title,
the Special Master shall authorize payment to such claimant
of the amount determined with respect to the claimant.
(b) Payment Authority.--This title constitutes budget
authority in advance of appropriations Acts and represents
the obligation of the Federal Government to provide for the
payment of amounts for compensation under this title.
(c) Additional Funding.--
(1) In general.--The Attorney General is authorized to
accept such amounts as may be contributed by individuals,
business concerns, or other entities to carry out this title,
under such terms and conditions as the Attorney General may
impose.
(2) Use of separate account.--In making payments under this
section, amounts contained in any account containing funds
provided under paragraph (1) shall be used prior to using
appropriated amounts.
SEC. 407. REGULATIONS.
Not later than 90 days after the date of enactment of this
Act, the Attorney General, in consultation with the Special
Master, shall promulgate regulations to carry out this title,
including regulations with respect to--
(1) forms to be used in submitting claims under this title;
(2) the information to be included in such forms;
(3) procedures for hearing and the presentation of
evidence;
(4) procedures to assist an individual in filing and
pursuing claims under this title; and
(5) other matters determined appropriate by the Attorney
General.
SEC. 408. LIMITATION ON AIR CARRIER LIABILITY.
(a) In General.--Notwithstanding any other provision of
law, liability for all claims, whether for compensatory or
punitive damages, arising from the terrorist-related aircraft
crashes of September 11, 2001, against any air carrier shall
not be in an amount greater than the limits of the liability
coverage maintained by the air carrier.
(b) Federal Cause of Action.--
(1) Availability of action.--There shall exist a Federal
cause of action for damages arising out of the hijacking and
subsequent crashes of American Airlines flights 11 and 77,
and United Airlines flights 93 and 175, on September 11,
2001. Notwithstanding section 40120(c) of title 49, United
States Code, this cause of action shall be the exclusive
remedy for damages arising out of the hijacking and
subsequent crashes of such flights.
(2) Substantive law.--The substantive law for decision in
any such suit shall be derived from the law, including choice
of law principles, of the State in which the crash occurred
unless such law is inconsistent with or preempted by Federal
law.
(3) Jurisdiction.--The United States District Court for the
Southern District of New York shall have original and
exclusive jurisdiction over all actions brought for any claim
(including any claim for loss of property, personal injury,
or death) resulting from or relating to the terrorist-related
aircraft crashes of September 11, 2001.
(c) Exclusion.--Nothing in this section shall in any way
limit any liability of any person who is a knowing
participant in any conspiracy to hijack any aircraft or
commit any terrorist act.
SEC. 409. RIGHT OF SUBROGATION.
The United States shall have the right of subrogation with
respect to any claim paid by the United States under this
title.
TITLE V--AIR TRANSPORTATION SAFETY
SEC. 501. INCREASED AIR TRANSPORTATION SAFETY.
Congress affirms the President's decision to spend
$3,000,000,000 on airline safety and security in conjunction
with this Act in order to restore public confidence in the
airline industry.
SEC. 502. CONGRESSIONAL COMMITMENT.
Congress is committed to act expeditiously, in consultation
with the Secretary of Transportation, to strengthen airport
security and take further measures to enhance the security of
air travel.
TITLE VI--SEPARABILITY
SEC. 601. SEPARABILITY.
If any provision of this Act (including any amendment made
by this Act) or the application thereof to any person or
circumstance is held invalid, the remainder of this Act
(including any amendment made by this Act) and the
application thereof to other persons or circumstances shall
not be affected thereby.
The SPEAKER pro tempore. Pursuant to House Resolution 244, the
gentleman from Alaska (Mr. Young) and the gentleman from Minnesota (Mr.
Oberstar) each will control 30 minutes.
The Chair recognizes the gentleman from Alaska (Mr. Young).
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Mr. Speaker, I have listened with great interest
to the debate on this legislation tonight. I commend those that brought
up points that are not in this bill. But as I heard the Speaker say and
the minority leader speak, this is just the beginning. I know there are
those of you who wanted more in this bill, and I understand that and I
would like to have had more in this bill, but I believe this is the
best way we can do the job and get this problem solved tonight.
The gentleman from Minnesota (Mr. Oberstar) and I last week
introduced a bill about this time on Friday night, and it was objected
to, and we are here tonight.
But if we do not do this, as I said then and I will say now, this
airline industry is in serious trouble. We will have an opportunity to
bring up a bill on security with the gentleman from Florida (Mr. Mica)
who is already working on it. That will happen next week if everything
goes all right, although it is a shortened week. We will have an
opportunity to think about those workers that lost those jobs. But may
I remind you, as it has been said today, that if we do not do anything,
there will not be any jobs to come back to.
The security issue is one that has been talked about and thought
about, discussed for many, many years. And now I think we are awakened
and we shall take care of that.
Mr. Speaker, I will suggest that if we do not do this legislation
tonight, the workers you are trying to protect, and which I am trying
to protect, will have nowhere to go. This is just the beginning of a
series of packages we hope that will come to the floor. I will do
everything in my jurisdiction.
May I remind my colleagues, one of the problems we had in this
legislation is we had different committees that had other
jurisdictional problems than what we are trying to do. I kept saying,
``If you don't want us to do it, you do it.'' Yet we had to step up,
the gentleman from Minnesota (Mr. Oberstar) and myself and the
leadership of this House, to say we are going to do this and we did
that.
We also had another effect. We had the other body. Working with the
other body is sometimes a very tedious process. What we have here
tonight is not perfect, but it will do the job. We will have an airline
industry. We will protect the workers. We do have the liability
provision in it. And this money is not going to be a bailout. It is
going to make sure that this airline industry survives.
Mr. Speaker, may I suggest, and I hope all Members will consider
voting ``yes'' on this legislation for the benefit of this country.
Mr. Speaker, we bring to the floor tonight a bill that will address
the threat to the continued stability and viability of our U.S. air
transportation system. It is the first critical step toward addressing
the financial burdens that last week's terrorist attacks put on our
transportation and related industries and their employees.
The terrorists who attacked our country last week, were trying to
destroy our way of life and our economy--we will not let them do that.
They have murdered thousands of innocent people, destroyed billions
of dollars in property and have dealt a terrible blow to an air
transportation system that is vital to the economic health of our
country.
On September 11, 2001, the FAA grounded every airplane in this
country within a two-hour period. This was necessary for the safety and
protection of our country and of our people.
I want to commend the FAA and the air traffic controllers for their
quick response and decisive action. I also want to commend the aviation
industry for their cooperation and willingness to put the safety of
others first.
Unfortunately, we are not facing a serious crisis in our air
transportation system. The reductions in schedules and flights have
started and layoffs are being implemented.
The capital markets are not coming to the aid of most of the
airlines. We are seeing the ripple effect in our economy as layoffs
occur in other related industries. Our economy is at risk. Our national
security is also at risk.
Last week, my colleague, Jim Oberstar and I introduced H.R. 2891 to
keep our U.S. air transportation system viable in the short term.
Unfortunately, the House did not pass the bill last Friday when it had
the chance. Since that time, we have conducted a hearing to document
the needs and to fine-tune the bill. The bill before us today reflects
much information that has been brought to light.
[[Page H5898]]
Mr. Speaker, today's bill is not the end. In the coming weeks we
intend to address other issues, including aviation security and the
economic impacts on other affected businesses and their employees.
H.R. 2926 authorizes the President to provide direct compensation and
loan guarantees to the air carriers.
This assistance is intended as a short term, emergency response to
keep the air transportation system operating for the benefit of the
American people.
We will soon take further action to address the vitally important
issue of aviation security. However, the bill now before us includes a
congressional affirmation of the President's authority to use the
emergency supplemental appropriations. The bill's language on using $3
billion of such funds sends a strong message of our resolve. These
funds should be used to beef up the sky marshall program, to address
other modes of transportation such as port security, and for other
activities that have an immediate impact.
The critical task before us is getting the airlines back to health so
that all communities, large and small, can continue to receive air
service. However, we also address the specific needs of small
communities. The bill includes strong support for continuing air
service to small communities. Authority and high priority is given to
assuring that service to small communities does not suffer. In
addition, we increase the authority for the ``essential air services''
program to $120 million.
The bill also is responsive to air carriers' requirement for
insurance during times of war. We modified the so-called ``war risk''
program to make it more flexible, such as making it applicable to
domestic flights as well as international flights.
The bill is also very responsive to victims of terrorist attacks,
whether those victims are on the aircraft or on the ground.
I know many of us are concerned about financial losses sustained by
other businesses. However, I urge you to focus on the issue of how best
to ensure the continued operation of our air transportation system. By
assuring the survival of the air carriers, other related industries,
and their employees, will gain a measure of economic stability.
We conducted hearings today and will conduct another next Tuesday to
continue the evaluation of airline security issues and other economic
issues. I want to assure members of this body that we will take
necessary steps to address those matters.
The current crisis requires this bill to become law as quickly as
possible to protect the well being of all Americans by preserving a
functioning air transportation system.
I urge the Members of this chamber to fully support the effort to
pass this legislation overwhelmingly.
Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield myself 30 seconds.
We are gathered here tonight because of one cataclysmic day in the
storied history of aviation. Not to rescue an industry from its
mistakes but to restore an industry because it was attacked as a symbol
of American democracy, of our freedom, and of our great, strong
economy. We are here to put back on its feet an industry that
represents 10 percent of our $7 trillion gross domestic product, a $700
billion sector of our economy, one without which all the rest of our
economy fails.
Mr. Speaker, I express my great appreciation for the chair of our
committee, the gentleman from Alaska, for the work that we have done
together to bring this bill here, and to the Speaker, as the Democratic
leader said a minute ago, who was so gracious and firm and showed real
leadership.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Missouri (Mr. Gephardt), the Democratic leader who has been a
tower of strength on our side.
{time} 2100
Mr. GEPHARDT. Mr. Speaker, this has been a very difficult process of
putting this bill together. A lot of people, I assume, out in the
public are asking why are we doing this for the airlines; there are a
lot of other industries that have been affected.
I urge us all to understand that airlines were affected uniquely in
this tragedy. Four planes were used as missiles of mass destruction;
and because of that, the government of the United States ordered 2,200
planes that were in the air at the time to get on the ground as fast as
they could, wherever they were, and that happened in about 2 hours.
When that happened and it persisted for the days after, the heart of
our economy was affected. Air transportation affects everything that we
do in our society. It affects every business and every enterprise and
every activity. So a dagger was put into the heart of our economy as
planes were put into these buildings.
So on this, because it is a national emergency, and what we acted on
last week, we have tried to act with unity and together, as we should,
as we must, as people expect us to. But I keep getting asked by people
in the media and the press, how long will this bipartisanship last? And
the truth is, I do not know the answer.
Then, I am always happy to tell them something that I think a lot of
our citizens and maybe even we tend to forget. We are here to disagree.
That is what we do. We do that because we each represent a half a
million people who all disagree most of the time. If we were not here
expressing their heartfelt views, democracy would not work and we would
not be doing our job. Disagreement is normal and healthy in our great,
vibrant democracy. If we were agreeing all the time the way we are
tonight, that would be abnormal and, in the long run, unhealthy.
Tonight, in my humble opinion, agreeing and acting to save this
industry and keep it going forward is in the highest and best interest
of all the people of our country.
There are good things in this bill, and I want the Members to know
that it is not an airline bill. It is a bill to keep these airlines
going. They are operating tonight at about 30 percent of the capacity
that they had the day before this event happened. So this is a bill to
not only shore up the airlines, it is to help the baggage people keep
their job and have a job in the next days and weeks hopefully. It helps
the ticket attendants. It helps the flight attendants. It helps the
pilots. It helps the hotel employees who are hoping that people will
come back to hotels and the food service and all of the people who have
been so deeply affected by this disaster.
It is also not the bill that I wanted. It has some glaring omissions
from my viewpoint, because while we are still trying to keep the people
that are working working, we have about 100,000 or more people tonight
who are not working, who have been laid off and are unemployed
unexpectedly.
So they are asking us, I think, tonight and when we go home they will
ask us, how can I get unemployment comp if they do not qualify for it?
Some of these folks do not. And further than that, how can I keep my
health care going? How can I protect my family? We need to consider
that and how we are going to get them trained to take other jobs if
this, God forbid, persists.
So we are learning tonight, in many ways, that bipartisanship is
hard. You cannot get everything you want. You never do. I guess we have
kind of gotten out of understanding what that means. It is kind of
maybe the way we have operated over the long period of time.
Bipartisanship means you get some things you really want and you give
up some things that you really want.
Finally, let me talk to my colleagues for a moment about what has
happened in this horror to our American family. Our American people
have been so violated by what happened on September 11, it has affected
all of us. The stories of the cell phone calls, the stories that New
York Members told me this afternoon of talking to their constituents,
calling a young man to say that you got your West Point appointment and
the young man saying my father is dead and that is the one thing in his
life he wanted to hear. The stories go on and on and they hurt. They
make us cry. I find myself crying at least two or three times a day,
and you do, too.
We have been so damaged by this, so violated, and we want answers. I
think of my own kids, how would I feel if one of them had been killed
or my wife, imagine the grief and the sadness; and we all want to find
somebody to blame.
One of the things that worries me the most and that I think about
every day, we cannot just lay this on the CIA or the FBI or somebody
else. We all failed. The prime responsibility of government is to keep
our people safe, and we failed the other day. Not by motive and design.
We failed as a people, and we are going to do better.
We are going to make our planes safe. We are going to make our
country
[[Page H5899]]
safer. We are going to have homeland defense. We are going to do better
than we did, and this bill that caps the airline liability, and this is
something we fought for last night, does not cap the damages that these
families who have lost so much can possibly get.
I hope tonight and in the days ahead, in the face of this unspeakable
hatred and evil, we, together with the American people, will
demonstrate love and compassion and tolerance in everything that we do
and say as we fight against this evil. At this time of incredible pain,
we must be at our best, so that the army of terrorists and evil never,
ever gains one more recruit. That is our mission, that is our
responsibility, and we will prevail.
Mr. YOUNG of Alaska. Mr. Speaker, I yield such time as he may consume
to the gentleman from Ohio (Mr. Oxley), the chairman of the Committee
on Financial Services, to engage in a colloquy.
Mr. OXLEY. Mr. Speaker, I rise to engage the gentleman from Alaska
(Mr. Young), the chairman of the Committee on Transportation and
Infrastructure, in a colloquy.
Mr. Speaker, I would like to applaud the gentleman for the legal
protections in the bill to get our airlines back in the air. But I
wanted to clarify that these protections are intended to limit
liability to reasonable levels and not in any way allow their transfer
to another deep pocket party.
Is this the gentleman's understanding?
Mr. YOUNG of Alaska. Mr. Speaker, will the gentleman yield?
Mr. OXLEY. I yield to the gentleman from Alaska.
Mr. YOUNG of Alaska. Mr. Speaker, that is my understanding.
Mr. OXLEY. Mr. Speaker, reclaiming my time, this bill also provides
critical stopgap insurance assistance for the airlines. Is it the
gentleman's understanding that any assistance by the Secretary of
Transportation is intended to be short term and focused on addressing
the uncertainty about further losses from an act of terrorism or war,
and that it is not intended to displace the private sector market or be
a long-term general insurance program?
Mr. YOUNG of Alaska. Mr. Speaker, if the gentleman will yield
further, the gentleman from Ohio is correct on both accounts.
Mr. OXLEY. Mr. Speaker, also I am concerned about the thousands of
passengers who have advance-purchased airline tickets on flights that
have been canceled or rescheduled as a result of the tragic events on
September 11, 2001. Airline passengers must not be left stranded when
flights are canceled. This is why I support the inclusion of language
in this legislation that would require airlines to honor tickets issued
by other airlines to the extent practicable. The language I support
would also direct airlines to make passengers whole for the price of
tickets on flights that are canceled or rescheduled.
I appreciate the gentleman's commitment to work with me and other
concerned Members in the next few weeks to address this problem with
legislation, if necessary. In the meantime, I trust the Federal
agencies will do everything possible to make sure that passengers get
their refunds they are entitled to or the alternative flights they
need.
I thank the gentleman profusely.
Mr. YOUNG of Alaska. Mr. Speaker, if the gentleman will continue to
yield, I can assure the gentleman that we will look into that. We will
also contact the airlines and make sure they try to do this
voluntarily. If they do not, we will make them do it in future
legislation.
Mr. OBERSTAR. Mr. Speaker, I yield such time as he may consume to the
gentleman from Washington (Mr. McDermott).
(Mr. McDERMOTT asked and was given permission to revise and extend
his remarks.)
Mr. McDERMOTT. Mr. Speaker, I rise against the bill.
Mr. Speaker, today, Congress blew an ideal opportunity to continue
the bipartisan unity it had so nobly demonstrated during the past ten
days. This bill could have provided critical aid to an industry in deep
financial crisis as well as to their laid-off workers. Instead,
Congress is handing airline executives golden parachutes while over
90,000 American workers--to date--are left without so much as a safety
net!
Congress may have blown an opportunity but the Republicans have
demonstrated their opportunistic aims. They neatly wrapped this one-
sided bill in a patriotic package, enveloped not by the American flag
mind you, but with the American Airlines logo. There is no question
that the airlines desperately need this bailout, but why should the
government shoulder the brunt of the responsibility--to resuscitate an
industry that has shown its true colors--how they feel about
unemployment insurance, job training, health benefits for their
displaced workforce and safety. Does anyone here seriously believe that
the American public will seriously consider returning to the airways
when they can't really be sure that these planes are safe or even
properly maintained. There isn't any money in this bill that ensures
the future safety of our citizens. After all, isn't this an industry
that resists government regulation and abhors collective bargaining
agreements. And now they are asking us to bail them out!
I cannot, in good conscience, vote in support of legislation that
doesn't include a package of worker relief benefits. It's time our
leadership got their priorities straight. They should have brought a
more responsible bill to the floor for our consideration and not wasted
this body's precious time.
Mr. OBERSTAR. Mr. Speaker, I yield such time as she may consume to
the gentlewoman from Hawaii.
(Mrs. MINK of Hawaii asked and was given permission to revise and
extend her remarks.)
Mrs. MINK of Hawaii. Mr. Speaker, I rise today with grave concerns
about this bill before the House today. We did not see this bill until
just before it was brought to the floor for consideration. This bill
falls far short of what the air travel industry as a whole requires.
People are not flying. Workers are being laid off at alarming rates.
In Hawaii, the beaches are empty and our State economy is in a state of
emergency.
Mr. Speaker, people will not fly until they feel safe. We can throw
as much money as we want at the airlines to cover their losses, but the
bottom line is that they will continue to lose money until public
confidence in security is regained. There is not a single mention about
security in this bill, except reference to a previously enacted relief
bill Congress passed last week which gave the President authority to do
what he wants.
America's confidence has been shattered with the growing array of
evidence that we have failed to adequately protect the flying public
from hijackers. Until we fix the problem, people will not get back into
airplanes. The federal government must assume control of the airline
passenger security. All safety personnel must be federal employees with
training and adequate wages. Trained, armed marshals must be on board
at all aircraft. Cockpit doors must be reconfigured to be secure and of
solid construction. The cockpit must also have a camera view of the
cabin area. All ground crews, baggage handlers, and all people with
access to the cabin must be security-cleared before hire.
I am committed to ensuring that the airlines function in the
aftermath of the terrorist attack, but this is not the time to only
pass a bill to bailout airlines whose financial problems are long term
and predate September 11, 2001. The airline industry's problems existed
well before the tragic events of September 11th. The federal
government's role should be to get people to fly again; not just to
bail out the airline industry.
This bill before us fails to take into account the workers who are
being laid off nationwide at staggering rates. These people deserve
protection. They should all be immediately eligible for 100%
unemployment compensation. Their health care plans should be extended
for themselves and their family. If we are going to take care of the
airlines, we must also take care of the workers who have been laid off
by the airlines because of this national crisis.
This bill needs to mention the federalization of airline passenger
security. Public confidence must be restored if the air industry is to
recover. There must be a provision that states the federal government
will give immediate and full unemployment compensation to laid off
workers for a full year. If the airline executives are to have their
compensation protected, so should all the airline employees who have
been laid off. We must act quickly and deliberately to restore the
public's trust and get people back into skies.
Mr. OBERSTAR. Mr. Speaker, I yield 5 minutes to the gentleman from
Illinois (Mr. Lipinski), the distinguished ranking member of the
Subcommittee on Aviation, who has been a strong and supportive partner
throughout this difficult process.
(Mr. LIPINSKI asked and was given permission to revise and extend his
remarks.)
Mr. LIPINSKI. Mr. Speaker, first of all I want to thank the gentleman
from Illinois (Speaker Hastert); our leader, the gentleman from
Missouri (Mr. Gephardt); the gentleman from Alaska (Mr. Young); and the
ranking member,
[[Page H5900]]
the gentleman from Minnesota (Mr. Oberstar), for their leadership and
cooperation in putting this legislation together. I know that they have
done the best that they possibly could; but, unfortunately, I feel very
strongly that I have to rise in opposition to this bill.
As ranking member of the Subcommittee on Aviation, I know how
important the aviation industry is to the economy of this Nation. I do
not want to see the planes stop flying. But let me tell Members, we do
not have to pass this legislation tonight. The real deadline is this
coming Wednesday, because Wednesday is the day when the airlines lose
their insurance. So we could work on this bill Saturday, Sunday,
Monday, Tuesday, and even Wednesday, to improve it and take care of
many of the concerns that people have, and the planes will keep flying
at least until then.
Now, the first way to improve this bill is by improving security. I
do not care how much money one gives to the air carriers. I do not care
how solvent one makes them. Unless we can get passengers back into
those planes, they are not going to be making any money, and the best
way to get people back into the planes is by proving to them that the
planes are safe and secure.
So what we should be doing in this legislation is passing some
dramatic safety improvements. We should be passing things such as
making the cockpit impregnable; we should be passing the federalizing
of the screeners; we should be passing not only an authorization, but
an appropriation to pay for 1,200 sky marshals.
{time} 2115
Nothing will deter terrorists more than sky marshals.
We also should be restricting carry-on luggage to one piece, thereby
reducing by 50 percent what a screener has to watch. If we did
something dramatic such as that, we would restore confidence in the
minds of the American traveling public, and they would get back on
these planes.
We could also take care of the 100,000 workers who have already lost
their jobs in the aviation industry. We could be getting them extended
unemployment compensation; we could be getting them health care; we
could be doing retraining for them; but no, unfortunately, we are
rushing this bill through tonight.
It is a shame; it is a mistake. I just hope and pray that the
promises that have been made for the future in regards to safety, in
regards to workers come to pass.
In closing, I would like to clear up one point that has been made on
this floor on numerous occasions. It has been stated that there is a
$300,000 cap on executives in the airline industry. That is totally
incorrect. What it states in the bill is that anyone making over
$300,000 cannot make anymore in 2001, in 2002 than they made in the
year 2000. So if they made $10 million, $15 million, $20 million, they
can still make that amount of money in 2001 and in 2002. That only
applies to people who take the low money, not people who get to direct
$5 billion in cash.
So I say to all my colleagues, we have time, if we really want a bill
that takes care of all Americans and not only the aircraft CEOs and the
air carriers, vote against this bill. We can pass a better bill by
Wednesday.
Mr. YOUNG of Alaska. Mr. Speaker, I yield such time as he may consume
to the gentleman from North Carolina (Mr. Hayes) for the purposes of a
colloquy.
Mr. HAYES. Mr. Speaker, I rise to enter into a colloquy with the
gentleman from Alaska on this bill and the future of general aviation.
Let me thank the chairman and ranking member, first of all, for the
work they have done on this important piece of legislation. The
country's air carriers are not only a vital part of our transportation
infrastructure, but they are of great importance to our national
security. However, they are not the only part of the aviation industry
that find themselves in dire straits following last week's horrible
attacks in New York and Washington. Many of those in general aviation
suffer as well. For example, some 3,500 flight schools will have lost
up to $245 million in revenue by this coming Tuesday due to the
continued ban on VFR training.
Mr. Speaker, while I believe it is important to address the problems
facing our air carriers, does the chairman of the committee also intend
to address the financial difficulties of other components of general
aviation in the near future?
Mr. YOUNG of Alaska. Mr. Speaker, will the gentleman yield?
Mr. HAYES. I yield to the gentleman from Alaska.
Mr. YOUNG of Alaska. Mr. Speaker, I thank the gentleman from North
Carolina for yielding.
General aviation is of vital importance to our Nation's economy. In
my home State of Alaska, general aviation aircraft are the only
pipeline bringing supplies to those living in remote areas, and we are
experiencing our small communities. We are experiencing a shortage of
pilots to fly those, and a failure of the flight school industry will
cause severe economic hardship to not only those in Alaska, but to
those living in remote areas of the U.S. Therefore, it is my intention
to present to this body by next week a bill, if possible, that will
provide real economic relief to those in need.
Mr. OBERSTAR. Mr. Speaker, will the gentleman yield?
Mr. HAYES. I yield to the gentleman from Minnesota.
Mr. OBERSTAR. Mr. Speaker, I thank the gentleman for yielding. I
share the views of the chairman. General aviation is a major sector of
our economy. There are some 345,000 general aviation pilots. I have
written the National Security Advisor, Condoleeza Rice, urging her to
lift the restrictions on VFR flights and boundaries of Class Bravo
airspace and for flight school operations anywhere in the country.
For these and many other reasons, I join the chairman and will work
with him to develop a relief package for those sectors of the aviation
industry not subject to the provisions of this bill.
Mr. YOUNG of Alaska. Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield 30 seconds to the gentleman from
New Jersey (Mr. Pascrell).
Mr. PASCRELL. Mr. Speaker, I rise in support of this legislation,
because I am voting ``yes'' for the 1.1 million workers still employed.
If we do not do this tonight, that 1.1 million workers is going to be
reduced accordingly. We cannot let them down. We will be back next week
to do our job for those who are going to be laid off or have been laid
off. With that, we will make another great step for America tonight.
This can be a good vote; let us make it a positive vote. Let us walk
out of this Chamber together.
Mr. Speaker, I rise in support of this legislation, but urge my
colleagues to remember that this is just a part of what we must do.
It is clear that without some short-term assistance, our aviation
industry will not survive the impact of last week's disastrous attacks
on our country. And as a critical part of our nation's economy, we must
act and act quickly. I'm voting for the workers still working.
The $5 billion in direct aid is extremely important to keep the
airlines afloat, and importantly, this is NOT a blank check.
We cannot and will not bail out the airlines for $3 billion in losses
they would have sustained without the tragic events of September 11th.
The safeguards are here to insure that.
Even more critical in this bill is the $10 billion dollars in loan
guarantees, so airlines such as Continental--so critical to my region--
can access much needed capital and establish lines of credit.
We are not only talking about the thousands of Continental jobs in
New Jersey. Keeping Continental solvent will ensure the economy of New
Jersey remains stable and is able to function.
Pharmaceuticals, Port Newark, small businesses such as the limousine
industry--these businesses count on the airlines to do their daily
business.
However, this package only took 10 days to come to the floor, and my
major worry is that we are only finding a remedy to half of the
problem.
This bill does nothing to address security measures, assistance for
laid off employees, and health benefits for families.
I expect that we will be as vigilant on these critical issues as we
were on this aid package.
In 10 days, if not sooner, I want to be back here on this Floor
considering a bill that will make my constituents feel safe in the air.
Congress must take action. As I am hearing from my constituents, the
security precautions must be in place before we can rebuild public
confidence in the system.
We are talking about using air marshals on domestic flights,
installing secure cockpit doors, and even federalization of airport
security screening run by the Justice Department.
[[Page H5901]]
Economic stability must go hand in hand with security.
I thank the leadership of the Transportation Committee for their hard
work on this important measure.
We need to ensure we are back on the floor soon to deal with security
measures dealing with all airports, both large and small.
We need to ensure we are back on the floor soon to provide assistance
to the tens of thousands of workers out of a job, and tens of thousands
of families without a source of income.
Only then can we ensure that the airlines will be on their way back
to stability.
Mr. YOUNG of Alaska. Mr. Speaker, I yield such time as he may consume
to the gentleman from Kansas (Mr. Tiahrt) for the purposes of a
colloquy.
Mr. TIAHRT. Mr. Speaker, our Nation faces a crisis; and today we are
acting with appropriate speed in dealing with that crisis. But in doing
so, we want to be sure that we are dealing with the entire air
transportation infrastructure. A major objective of this bill should be
to mitigate job loss within the air transportation industry and,
therefore, preserve the infrastructure of this crucial element of our
economy.
Many sectors of the air transportation industry would be subject to
economic dislocation and potential bankruptcy if they were exposed to
unlimited liability for the terrorist-related aircraft crashes of
September 11. This is not a problem for just the traditional air
carriers. This is a problem for the entire industry. For this reason,
we provided for an expanded definition of air carriers in section 402
of the bill. That would also apply to section 408.
I wish to make it clear that it is my understanding that this
expanded definition encompasses air transportation elements such as
aircraft manufacturers and aircraft components and parts manufacturers.
Mr. Speaker, is that the chairman's understanding also?
Mr. YOUNG of Alaska. Mr. Speaker, will the gentleman yield?
Mr. TIAHRT. I yield to the gentleman from Alaska.
Mr. YOUNG of Alaska. Mr. Speaker, in response to my colleague from
Kansas, I too am greatly concerned about this issue of potential
unlimited liability for the air transport industry. It is always my
intent to ensure adequate liability and protection for all transport
elements such as aircraft manufacturers and manufacturers of aircraft
components and parts. I had hoped we could have this specifically
addressed in this bill. However, I too agree that the definition of
``air carrier'' in section 402 should include those elements of air
transportation.
Mr. TIAHRT. Mr. Speaker, I thank the chairman. We cannot afford to
risk irreparable harm to the air transportation industry, and
subsequent economic impacts and job loss, by exposing the industry to
the spectre of unlimited liability for a terrorist attack. I thank the
chairman for his help in clarifying this important issue.
Mr. YOUNG of Alaska. Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield 30 seconds to the gentlewoman from
Texas (Ms. Eddie Bernice Johnson).
(Ms. EDDIE BERNICE JOHNSON of Texas asked and was given permission to
revise and extend her remarks.)
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, my 2 minutes has
been reduced to 30 seconds, so I will turn in my remarks. Two wrongs
simply do not make a right. I share Dallas/Fort Worth airport with the
gentleman from Texas (Mr. Barton), and I have three other airports. I
know how many people were laid off, but that will be fourfold or more
if we do not support the airlines tonight. It is for that reason that I
rise in support of this bill, and I have been working to make sure that
we come up with the other bill to support those persons who have
already lost their jobs.
Mr. Speaker, although I have some misgivings regarding what has not
been included in the bill, I rise in support of H.R. 2926 and urge its
passage by the House.
In the aftermath of the terrorist attacks on the World Trade Center
and the Pentagon, air carriers have reported sustaining nearly $1
billion in losses as a direct result of the Federal Government's order
that flights be grounded. While service has been restored, passengers
are still reluctant to fly. As a result, the airlines will certainly
suffer further losses from reduced demand. On Monday, the financial
markets responded predictably to this environment--the airlines lost
about 40% of their market capitalization on that day alone, and Morgan
Stanley wrote to the Treasury Secretary that the airline industry would
not have access to private capital markets unless the Federal
Government intervened.
H.R. 2926 is the intervention that the airlines need to stabilize
their financial situation and to help them weather this crisis. Unless
we act to pass H.R. 2926, some carriers face the very real possibility
of bankruptcy. We cannot let that happen. The airline industry is an
indispensable sector of the American economy, touching upon 10% of our
gross domestic product. Without aviation, other important sectors such
as aircraft manufacturing, hospitality, tourism, and countless others
cannot function efficiently.
We already see a glimpse here in the Washington, DC metropolitan area
how bankruptcies in the airline industry will affect businesses and
communities. Washington National Airport has still not been given
clearance to resume operations. As a result, the airport and other
businesses dependent on passenger flows have laid off thousands of
workers, and small businesses like restaurants and newsstands who cater
to passengers are idle and losing money. Unemployment lines in this
area are overflowing. We must act to pass H.R. 2926 to prevent this
situation from being replicated in cities across the country. Despite
the tax rebates, which my Democratic colleagues devised and which I
supported, the nation is already teetering on the brink of a recession.
If we do not act to stabilize our airlines, we risk plunging the
country into a full-scale depression and massive unemployment.
Indeed, I am most concerned about the individuals who work in the
airline industry and their families. They include the 140,000 employees
of American Airlines, whose headquarters and major hub operations are
located at DFW International Airport in my district. I am also
concerned about the 40,000 people who work at the airport and whose
jobs depend on American's survival. Two days ago, American announced
that they would have to lay off 20,000 of its workers, and I know what
kind of hardship they must be going through right now.
I have heard some of my colleagues object to this bill because it
does not contain language to provide relief to displaced workers. I too
want to ensure that workers have enough money to pay their rent and
mortgages, to buy food and clothes for their kids, and to keep their
health benefits while they are unemployed. I understand that Majority
Leader Daschle has promised to call up legislation regarding displaced
airline employees in the Senate next week, and I intend to make sure
that this legislation also passes the House. I also intend to work with
my colleagues on legislation to restore the public's confidence in
airport and aircraft security because airlines' long-term survival
depends on their having paying passengers.
In the meantime, we must deal with the impending crisis. The
employees of American and DFW Airport have flooded my phone lines in my
district office with a loud and clear message--Congress' number 1
priority in this area is to pass legislation to help American Airlines
ride out this storm. They, in their collective wisdom, know what's at
stake. We have some time and leeway to help displaced workers, but
unless we act now to help the airlines avert bankruptcy, they might not
have jobs to return to.
Mr. YOUNG of Alaska. Mr. Speaker, I yield 2 minutes to the gentleman
from Florida (Mr. Mica), who is conducting hearings as of today and
will have a bill on security, as I assured everybody else in this body,
our outstanding subcommittee Chairman.
Mr. MICA. Mr. Speaker, this is an extraordinary piece of legislation,
and it is an extraordinary piece of legislation for an extraordinary
time. Never before in the history of American aviation have we faced
such a disaster as we now face. We cannot wait. We lost over 100,000
jobs since Tuesday, September 11. By next week, we will lose that many
jobs again. This disaster is having a ripple effect across this Nation.
There is not a community across this country that has not been touched
by the devastation. If we do not act tonight and take this first step
in trying to put our economy and our transportation system together, I
am telling my colleagues that the results will be disastrous.
Everything is not in this bill. The bill is not like the gentleman
from Alaska would like to have it, it is not like the gentleman from
Minnesota (Mr. Oberstar) would like to have it; but the minority leader
came before us and pleaded so eloquently, pass this legislation. The
other body passed it with one dissenting vote.
So I plead with my colleagues: America is waiting. The people that we
care about, those that we have compassion
[[Page H5902]]
about tonight, we are going to take care of tonight, we are going to
take care of Monday night, next week, next month; and we will be here
next year because the people elected us here to do this job. So I plead
with my colleagues, I beg my colleagues, do not delay. We cannot afford
it. The Nation cannot afford it.
Mr. OBERSTAR. Mr. Speaker, I am happy to yield 30 seconds to the
gentlewoman from Nevada (Ms. Berkley).
Ms. BERKLEY. Mr. Speaker, before September 11, Las Vegas had one of
the strongest economies in the country. Now it is among the worst, and
thousands of people are being laid off and losing their jobs. In
Nevada, our economy, our businesses, our jobs, our families, rely on
the tourism industry. People in my district know that if the airplanes
are not flying and people are not coming to Las Vegas, there is not
going to be a Las Vegas.
Last year, 38 million people came to southern Nevada; approximately
46 percent arrived by air. Tourism is the lifeblood of my district, and
the airline industry is a lifeline to my district. I know this is not a
perfect bill; but, Mr. Speaker, this is an emergency. I need to protect
the jobs in my district and the people in my district. I strongly urge
all of my colleagues to vote for this bill.
Mr. Speaker, when I went home this weekend, I spoke to the people who
live and work in my district. They are very worried about what has
happened to our country, and they are very worried about what is going
to happen to Las Vegas.
Before September 11th, Las Vegas had one of the strongest economies
in the country. Now, it is among the worst and thousands of people are
being laid off and may be losing their jobs.
Our economy, our businesses, our jobs, our families rely on the
tourism industry. People in my district know that if airplanes are not
flying and people are not coming to Las Vegas, there won't be a Las
Vegas.
Last year, 38 million people came to Southern Nevada--approximately
46 percent arrived by air. Tourism is the lifeblood of my district. The
airline industry is the lifeline to my district.
Last week, 240 conventions were canceled. The city's hotel occupancy
rates have fallen from 100% to approximately 40% and the hotels are
losing millions of dollars every day. Without the airlines flying
visitors to Las Vegas, Las Vegas will soon be a ghosttown.
I know that this is not a perfect bill. We still need to immediately
improve safety in the air, help the airline workers who have lost their
jobs and provide incentives to get people flying again.
But Mr. Speaker, this is an emergency. I need to protect jobs in my
district. I must protect the people in my district. I strongly urge all
of my colleagues to vote for this bill.
Mr. YOUNG of Alaska. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Washington (Ms. Dunn), who has been deeply affected by
this act of terrorism.
Ms. DUNN. Mr. Speaker, I thank the gentleman for yielding time.
There is no question that the Government's decision to ground
aircraft on September 11 was brilliant. It was the correct choice. The
quick actions of the President, the Secretary of Transportation saved
countless lives.
When the President spoke in this Chamber last night he said, ``We
will come together to take active steps that strengthen America's
economy and put our people back to work.'' He was talking about the
airline industry and all our Nation's workers who are affected by this
crisis.
But I am particularly concerned about how the impending Boeing
layoffs will affect the 25,000 Boeing employees I represent here on the
floor of the House tonight.
Mr. Speaker, as the Speaker has said, we will address the various
needs of our workers in next year's legislation. That has been his
commitment. He is talking about the health care needs and the insurance
needs and the job training needs, all of which we take very seriously
and we are putting serious work into right now.
The first step toward addressing the stability of our economy is to
stabilize the airline industry. It is critical that Congress act now,
tonight, to ensure the solvency of our Nation's airlines, because doing
so will protect the livelihoods of every American who relies on a
vibrant air transport system.
{time} 2130
Mr. OBERSTAR. Mr. Speaker, I yield 30 seconds to the gentleman from
Iowa (Mr. Boswell), a distinguished member of our committee.
(Mr. BOSWELL asked and was given permission to revise and extend his
remarks.)
Mr. BOSWELL. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, I hold accountable, and I believe that the leaders will
bring the other bill about the workers next week. After hearings this
week, hours and hours of hearings that we spent together, our
committee, I know our aviation industry is literally on the brink of
collapse and liquidation. The need for government assistance cannot be
overstated. A failure to act tonight would be like throwing an anvil to
a drowning person.
The airlines have had their lines of credit cut off, their assets
devalued, and their insurance canceled. A catastrophe is staring them
in the face. We are faced with the worst crisis ever to confront our
aviation industry. We must provide a helping hand. I urge Members'
support.
Mr. Speaker, as a member of the Aviation Subcommittee, I rise in
strong support of the Airline Stabilization Act. If I was the sole
author of this legislation, I would have written it differently.
Because this is a collaborative body, we must come together and reach a
consensus in what is known as the legislative process. Our respective
congressional leaders, after consultation with members of Congress,
industry leaders, labor representatives, financial analysts, and
government officials, have written the bill we have under
consideration. I believe it merits our support.
After 2 days of hearings this week, I have a very clear picture of
our Nation's aviation industry. The industry is literally on the brink
of collapse and liquidation. The need for immediate governmental
assistance cannot be overstated. A failure to act tonight would be like
throwing an anvil to a drowning person. The airlines have had their
lines of credit cutoff, their assets devalued, and their insurance
canceled. A catastrophe isn't around the corner, but it is staring them
in the face.
We are faced with the greatest crisis ever to confront our aviation
industry. We must provide a helping hand to them to ensure we will
still have an industry next week. I am very concerned about the
thousands of employees who are employed in the aviation industry and
the thousands who have been or will soon be laid off. This economic
devastation will cause great harm to many families across our Nation.
We must promptly address their economic catastrophe next week, and also
provide assistance to those who are facing job loss because of their
association with the aviation industry. I challenge our leaders who
brought forth this legislation tonight, to bring similar legislation to
help our workers next week.
Please, let us act promptly and approve this very important and
necessary legislation.
Mr. YOUNG of Alaska. Mr. Speaker, I yield 2 minutes to the gentleman
from Texas (Mr. Barton).
(Mr. BARTON of Texas asked and was given permission to revise and
extend his remarks.)
Mr. BARTON of Texas. Mr. Speaker, I thank the gentleman for yielding
time to me.
Mr. Speaker, my office has been besieged by literally thousands of
phone calls from workers at D-FW Airport. They have not identified
themselves as Republicans or Democrats or union members or nonunion
members, and in almost every case, they said, I am a flight attendant,
I am a baggage-check-in person, I am a maintenance worker, and I need
help.
This is the chance for us to help. This is not a perfect bill, but it
is excellent, an excellent first start. All these people that have been
calling my congressional office, and D-FW is 10 miles from my office,
they are not asking about an unemployment package or a liability
package. Do Members know what they are asking about? ``Help protect my
job,'' J-O-B. That is the best unemployment package we can do.
As has already been pointed out, we have laid off over 100,000
airline workers in the last week. We know how inconvenienced we are as
a Congress because Reagan National is closed. What happens if Atlanta
closes, LAX, closes, O'Hare closes, Boston closes, LaGuardia closes?
There is the very real possibility, if we do not pass this package
tonight, in the next month we may see some of that start to happen.
I would beg every Member of this body, let us do what the other body
has done: Let us pass this with almost no ``no'' votes, or perhaps even
435 to zero. Let us help the airline industry now so they can help the
economy and keep
[[Page H5903]]
these jobs growing, and keep our economy growing. I would urge a yes
vote on this bill.
Mr. OBERSTAR. Mr. Speaker, I yield 30 seconds to the distinguished
gentleman from Maryland (Mr. Cummings), a member of our committee.
Mr. CUMMINGS. Mr. Speaker, we have heard a plea for help from our
airlines, and provided an immediate response to ensure that a key
component of our economy, the airline industry, remains intact.
But I have also heard pleas for help from the many people and
businesses that are critical to the efficient functioning of the
aviation system: skycaps, cabbies, and the employees of airlines,
restaurants, and the variety of shops found in airports. Thousands of
hard-working Americans have taken pay cuts or have lost their jobs but
still have bills to pay.
Mr. Speaker, I urge Members, we have heard the airlines and we have
quickly responded. I only urge us to hear the pleas of individual
Americans and respond to them, also.
Mr. YOUNG of Alaska. Mr. Speaker, I yield 2 minutes to the gentleman
from Arizona (Mr. Shadegg).
(Mr. SHADEGG asked and was given permission to revise and extend his
remarks.)
Mr. SHADEGG. Mr. Speaker, I rise in strong support of this bill. Make
no mistake about it, it is not perfect, but it is a fair compromise
worked out by the efforts of both sides.
A week ago today, late at night, in the wee hours of the morning, I
argued that it was essential that we get our airlines back in the air,
and that we as Americans use them. The terrorists who launched their
vicious attack against America seek not just to destroy buildings, but
to destroy our economy.
The airline industry comprises 10 percent of our gross domestic
product. We in Congress and the American people must not let those
terrorists destroy our economy, or the lives and jobs of the American
people. Americans must resume their lives, and we must pass this bill.
No additional American should lose his or her job, not an airline
employee, not a tourist industry employee, not a baggage handler, no
one. It is absolutely essential that we pass this bill tonight.
But there is a flaw in this bill. This bill empowers a government
board to pick winners and losers in the airline industry, and that is
flat wrong. No bureaucrat should say, ``This airline wins; that airline
loses.'' How do we say to the employees of the loser, ``We are terribly
sorry, you are out of your job, but the employee of some other airline
keeps his or hers''?
If an airline or its employees was injured by this outrageous attack,
they should be eligible to be made whole. They should be put back in
the position where they can get back into the skies and fly. And we
cannot let this board, I urge Members not to allow this board to pick
and choose winners, so the employees of one airline remain unemployed,
the employees of another airline get to stay back at work. It is
absolutely essential, and it would be outrageous if we allowed that to
happen.
This legislation must pass tonight. It is critical for the economy of
this Nation. Americans need to get back aboard our airlines and resume
their lives, but the board must handle its power fairly.
Mr. OBERSTAR. Mr. Speaker, I yield myself 5 seconds to express my
appreciation to the gentleman from Arizona for his calm, reasoned
intervention last Friday night when we were attempting to pass the
first version of this bill.
Mr. Speaker, I yield 30 seconds to the gentleman from Tennessee (Mr.
Clement), a distinguished member of our committee.
Mr. CLEMENT. Mr. Speaker, I rise to support this legislation, even
though I have serious reservations about it. In truth, while this bill
helps to stabilize the industry and assist families who have lost loved
ones, it is still incomplete. Simply put, it falls short of protecting
the workers who have already lost their jobs or will lose them soon.
I will give some examples. It does not provide unemployment benefits
to workers who have lost their jobs, or extend health care coverage to
those employees, nor does it prohibit the airlines from abrogating
their contracts with workers; and it mandates no job protections, or a
system for rehiring when our airline industry recovers.
We do have a national emergency. Let us pass the legislation, but let
us help our workers.
Mr. Speaker and fellow Members of Congress, we find ourselves at a
time of crucial action. Before us is the prospect of the collapse of
one of our greatest industries. As a result of the stunning acts of
terrorism committed against our Nation, portions of our aviation system
are on the brink of failure. We can not let that happen. We will not
hand another victory to terrorists.
Our country's airlines are too important to all sectors of the
economy. They are too important to the over 1 million aviation workers.
And, they are too important to our quality of life and our
understanding of freedom.
But, it is with great reservation that I will vote ``yes'' tonight
for this piece of legislation. In truth, while this bill helps to
stabilize the industry and assists families who have lost loved ones,
it is still incomplete. Simply put, it falls short of protecting the
workers who have already lost their jobs or will lose them soon. This
bill, for all that it does, the Air Transportation Safety and System
Stabilization Act does not: Provide unemployment benefits to workers
who have lost their jobs or extend health care coverage to those
employees; nor does it prohibit the airlines from abrogating their
contracts with workers; and, it mandates no job protections or a system
for rehiring when our airline industry recovers.
Already, I have heard from airline employees in my hometown of
Nashville who have been furloughed, their contracts abrogated, and left
with nothing. We cannot allow the dedicated men and women of this
Nation to languish without health benefits or severance income. In
exchange for the $15 billion in grants and loans that we are providing,
airlines must do everything they possibly can to assist their employees
through this difficult time. Let me also say that this legislation does
not address adequately the needs of our aviation security system, nor
does it address the other aviation-related sectors deeply effected by
this tragedy. This must be changed as well.
In response, I will join my colleagues in the House in enacting
additional legislation to ensure these flaws are fixed. And, I will
vote ``yes'' on this bill, but only because it is the beginning of the
process.
Mr. YOUNG of Alaska. Mr. Speaker, I yield 1 minute to the gentleman
from New York (Mr. Gilman).
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Speaker, I am pleased to rise in strong support of
this important legislation ensuring the continued operational viability
of our Nation's airline industry.
The barbaric terrorist attacks of New York and Washington were
calculated to throw our Nation into economic and social turmoil, but we
are not going to let that happen. Our Nation's air transportation
system is essential to our economic well-being. It is our duty to
preserve the full and continued operation of this vital airline
network.
However, in doing so, let us not forget there are many other
industries that depend on the airlines for their own livelihood,
including travel and auto rental agencies and food services. Let us
encourage any airlines receiving emergency financial support under this
legislation to restructure their fee scales with travel agents to
convey their solidarity.
I also encourage airlines to carefully review policies that may
impact the food service industry that employs thousands around the
country.
Our air transport system is the best in the world, but it now needs
our help to help them get through this difficult period. We must
continue to foster the means for the advancement of this industry in
the next century.
Accordingly, I urge my colleagues to support this important
legislation.
Mr. OBERSTAR. Mr. Speaker, I yield 30 seconds to the distinguished
gentleman from California (Mr. Honda), a member of our committee.
(Mr. HONDA asked and was given permission to revise and extend his
remarks.)
Mr. HONDA. Mr. Speaker, this is not a perfect bill, but I do take
heart in the words of the gentleman from Alaska (Chairman Young), those
of the subcommittee chair, the gentleman from Florida (Mr. Mica), and
our leadership, that we will come back and address those issues.
This is not a perfect bill, but after careful consideration, I have
concluded that the common good must not be jeopardized in an effort for
immediate perfection. Tonight we will pass this
[[Page H5904]]
bill. Tomorrow, we will renew our work to impose stringent new security
standards and provide critical Federal assistance to the many sectors
and individuals left out in this bill.
Mr. Speaker, I rise today to express my reluctant support for this
important and time sensitive legislation.
Just minutes after the tragic events of last week, the Department of
Transportation acted swiftly to ground our Nation's entire commercial
aviation and general aviation fleet--an unprecedented action aimed at
averting any additional harm to innocent Americans.
As a result of the DOT's groundstop order and limitations on service,
the airlines are hemorrhaging, many teetering on the verge of
insolvency after losing billions of dollars in just days. The dire
state of the airlines led to this week's downward spiral of the
financial markets, moving our economy closer to recession.
As a member of the House Transportation and Infrastructure Committee,
I quickly took up the call for expeditious congressional action to
provide our ailing airline industry with a cash infusion and loan
guarantees. I argued that while our airliners wait at the gate,
Congress must not.
Tonight, a week and a half after terrorism struck America, Congress
considers a multi-billion dollar bill to aid the industry that has been
most devastated.
It is not a perfect bill. I am distressed that this bill fails to
address the plight of over 100,000 airline employees who have or will
soon be laid off. I am quite dismayed that this legislation provides no
aid to the many related sectors that have been devastated by last
week's attacks: the travel industry, flight academies, and aviation
manufacturers.
I am equally disappointed that this bill fails to introduce
substantive security measures to ensure the integrity of our nation's
aviation infrastructure. The Nation's airlines will continue to lose
money, so long as Americans lack confidence in the security of air
travel.
However, after careful consideration, I have concluded that the
common good must not be jeopardized in an effort for immediate
perfection. Tonight, we will pass this bill. Tomorrow, we will renew
our work to impose stringent new security standards and provide
critical federal assistance to the many sectors and individuals left
out of H.R. 2926.
Mr. YOUNG of Alaska. Mr. Speaker, I yield 2 minutes to the gentleman
from New York (Mr. Boehlert).
(Mr. BOEHLERT asked and was given permission to revise and extend his
remarks.)
Mr. BOEHLERT. Mr. Speaker, yesterday, on the third floor of this
Capitol Building, I was standing in the hall when the gentleman from
Illinois (Speaker Hastert) and the minority leader, the gentleman from
Missouri (Mr. Gephardt), walked by.
I stood aside and I applauded them. I applauded them because they are
working very hard together under very difficult circumstances for this
Nation. I stand in agreement with the eloquent remarks made by the
gentleman from Missouri (Mr. Gephardt) in this well just a few minutes
ago, and I applaud the outstanding commitment and leadership of our
Speaker.
Of course, we have to be concerned with the people part of this
equation. Tens of thousands of people have lost their livelihood,
through no fault of their own. They need health care for their
families. They need job training for new opportunities. They need
extended unemployment compensation. That is going to be provided. We
will not ignore their needs.
But for the task at hand, we listened as the gentleman from Alaska
Chairman Young) was in that chair for 7 hours to hear leaders from the
business community, the labor community, the financial community, one
after another, say to us, ``We must take immediate action to protect
the viability of commercial aviation in America. We cannot lose a
moment,'' and we are responding.
Safety is a concern that we all have. The gentleman from Florida
Chairman Mica) is responding. The Committee on Transportation and
Infrastructure has a proud record of dealing in a forthright manner
with sensitive issues.
I am proud to serve with the gentleman from Alaska Chairman Young)
and the gentleman from Florida Chairman Young), but I am proudest of
all to serve with the gentleman from Missouri (Mr. Gephardt) and the
gentleman from Illinois (Mr. Hastert) in this hour of need for America.
Pass this legislation.
Mr. DeFAZIO. Mr. Speaker, I ask unanimous consent that the House
extend the time for debate on each side. We have more than 30 people on
this side who would like to speak, and under this rule, those Members
will be limited to 30 seconds or less.
I ask unanimous consent that we extend the time on both sides of the
aisle. I am sure there are people on that side of the aisle who would
like to speak at more length on this important legislation. I would
suggest at least an additional 15 minutes on either side of the aisle
for the debate.
The SPEAKER pro tempore (Mr. Thornberry). Is there objection to the
request of the gentleman from Oregon?
Mr. YOUNG of Alaska. I object, Mr. Speaker.
The SPEAKER pro tempore. Objection is heard.
Mr. OBERSTAR. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman
from Oregon (Mr. DeFazio).
Mr. DeFAZIO. Mr. Speaker, I thank the gentleman for yielding time to
me.
Mr. Speaker, we do not have to act in haste tonight with legislation
that will bequest billions to a favored few and vague promises of
future help to hundreds of thousands of others. We could work
deliberately over the weekend, if we so chose, to create a shared
burden and benefit.
The 100,000 workers have already lost their jobs. They have been
thrown into the so-called safety net, but they will get maybe something
in the future. For the tens of thousands of people in related
businesses, travel agents, car agencies, hotels, maybe we will do
something in the future. Regional airlines, they get crumbs.
Now, there are no new security provisions in this bill. That is why
people are not flying. If we do not put in security provisions tonight
or tomorrow or over the weekend, people are not going to come back.
This says, ``The money we appropriated last week, we know the President
will spend some of it on future security enhancements.'' That is not
going to bring people back. It is not going to give them the assurances
they need.
But do not worry, the CEOs will be limited to last year's salary, $10
million, $15 million, $20 million, or $30 million.
Mr. Speaker, this is not the best we can do. We all know that. We
have just been denied time for additional debate. Where are Members
going tonight? It is a little late to catch a plane. Why can we not
extend the debate? Why can we not stay here and work this weekend? Why
can we not have a better bill? Why do the 100,000 people who have
already been laid off and do not have health insurance have to wait for
the week after or the week after, or maybe Thanksgiving? Why? Do not
just give them empty promises. I know the airline CEOs have a crisis,
but let us help the people, too.
Mr. YOUNG of Alaska. Mr. Speaker, I yield 2 minutes to the gentleman
from New York (Mr. Crowley).
Mr. CROWLEY. Mr. Speaker, I thank the chairman for yielding me this
time.
Mr. Speaker, I rise in strong support of the aviation assistance
package. As both the representative of LaGuardia Airport and a member
of the Committee on Financial Services, I understand firsthand the
importance of sending a signal to the capital markets that our airlines
are strong and will receive the support they need to continue to
operate.
{time} 2145
The importance of securing the financial viability of our Nation's
air carriers cannot be overstated. Additionally, this bill makes an
effort to expedite compensation packages for those injured or lost in
last week's vicious attacks upon our city. I welcome this bill, but as
a first step towards remedying a number of other problems involved with
the economic problems befalling our airline industry.
There are a number of things that this bill does not do. We need to
provide protections for health care and pay for the over 90,000 airline
employees who have lost their jobs in the face of the economic hardship
hitting the domestic airline industry, and we all know there could be
more to come.
Furthermore, this Congress needs to bolster airline security. If we
really want to restore consumer confidence, we need to provide
increased safety to the airlines. We need to make the American public
feel safe while flying.
I am not voting for this bill because I trust the airlines, and I am
not voting for this bill because I trust airline
[[Page H5905]]
executives. I am voting for this bill because I trust the American
people. I know the American people will make this country strong again.
My faith in their ability to rebuild our economy, if given the
opportunity, is unwavering. I know this much is true. And I hope the
American people show their faith by getting on an airplane to go to
Disneyland, by visiting Las Vegas, by visiting our Nation's capitol.
But most importantly, I ask my colleagues' constituents to revisit my
city, New York, in the very, very near future.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume to note, in the bipartisan way that we have conducted
ourselves, that the gentleman from New York (Mr. Crowley) has never
voted with me on any piece of legislation in any committee. But this is
a time we work together, and I thank the gentleman for his statement.
Mr. OBERSTAR. Mr. Speaker, I yield 40 seconds to the distinguished
gentleman from New York (Mr. Nadler), a member of the committee.
(Mr. NADLER asked and was given permission to revise and extend his
remarks.)
Mr. NADLER. Mr. Speaker, I rise in reluctant support of this
legislation. We have to help the airline industry or we will face even
more layoffs and economic downturn in the days ahead. But this bill
does nothing to help the pilots, flight attendants, mechanics,
reservation agents, and other employees who make the aviation system
work.
The bill contains no provisions extending unemployment benefits,
health care coverage, job search assistance or any kind of relief to
those who have lost their jobs as a result of the September 11 attacks.
And it contains nothing about enhancing airline security, without which
people will not fly the planes.
The bill is inadequate, and I am tempted to vote against it, but I
fear that the defeat of this bill could result in the loss of many more
jobs and negatively impact the one million employees still working in
the industry. It is terrible we are forced to choose between an
inadequate bill or no bill at all. But that is our choice, and so I
have to exercise it. And I will vote ``yes.''
Mr. OBERSTAR. Mr. Speaker, I yield 30 seconds to the gentlewoman from
Ohio (Mrs. Jones).
Mrs. JONES of Ohio. Mr. Speaker, I thank the gentleman for yielding
me this time. I support victims compensation. I support the airline
industry. But crisis is no excuse for a stampede. The wagons have been
circled around the industry but not around the people who make it work.
Crisis is no excuse for unjust compensation for the airlines. Crisis
is no excuse to deny the workers the protection they need now.
My father was a sky cap, my sister works in the airport, my niece is
a flight attendant, my brother-in-law is a sky cap. I come from a
family of workers for airlines. They need protection like the airlines.
Let us step up to the plate, my colleagues, and protect the workers
too.
As last week's tragedy continues to unfold, we, as Members of
Congress are constantly challenged to find solutions to very complex
issues. I believe that our American resolve and faith in God will bring
this nation through these tough times. As a member of the Financial
Services and Small Business Committees, I am compelled to speak because
I realize the devastating effects this tragedy and its subsequent
economic downturn has had on both our financial markets, insurance
industry and small business. Companies are doing less--and in some
cases no--business, workers are being laid-off and insurance claims are
staggering. We must work together and hold to our resolve of building
America back up. We are all doing our part to make sure this happens.
We have put aside party differences and political wrangling and come
together because we all know that, when it comes down to it, we are all
one people. But we can't let this spirit of togetherness cause us to
run blindly forward into actions that, while they may seem reasonable
in the heat of our desperation to deal with this problem, will result
in serious consequences in the long run.
That is why I am speaking out against this bill. I stand today as a
supporter of congressional funding and other legislative efforts that
restore stability to this nation and particularly, our financial
markets, that are the envy of the world. With that, I wholeheartedly
supported the $40 billion supplemental appropriation for military
support and clean-up efforts stemming from last week's tragedy. Our
concerns, sadly enough, do not end there. Our financial markets, as
well, face decline and other challenges to recovery. Today, we deal
with an airline industry crisis. The airline industry facing staggering
losses may face bankruptcy as a result. It was reported that during our
national tragedy, when airplanes were grounded, the airline industry
lost about $330 million a day for each day that flights were grounded.
No industry can recover from losses of that magnitude overnight.
I support our airline industry. I support direct aid of $5 billion to
the airlines. I also support $10 billion in loan guarantees that
assists large as well as small airline carriers that works to ensure
the financial solvency of our airline industry and other affiliated
jobs. However, I am troubled about some aspects of this bill. First, in
our efforts to stabilize the airline industry, we cannot forget
workers. We cannot overlook thousands of dislocated skycaps,
attendants, pilots, food service workers, maintenance workers and all
of those other men and women employed in the airline service sector,
who will receive absolutely nothing from this bill. We cannot simply
save the plane and leave the people behind.
Second, liability protection. I cannot support a liability protection
regime that is overly broad. To have the government as well the airline
and insurance companies cover liability, could leave the government as
the insurer of last resort. This aspect of the bill is too broad and
overly complex.
Third negligence and damages. I am also concerned that this bill
fails to consider any amounts for punitive damages and also reduces
compensation if there is any collateral source compensation. While I
support the stabilization of the airline industry, on one hand, I
cannot remove all liability from the industry on the other.
In addition, this bill caps air carriers' liability to limits of
their coverage and reduces victims' families should they have
supplemental coverage. It is paradoxical to fully support the airlines
while reducing support for survivors who need to resume their lives. I
cannot in good conscience support such a measure.
Lastly, security. This bill does not address the issue of increased
security that must be employed by the airline industry. With a tragedy
of this magnitude, we cannot sweep the issue of security under the rug.
The airline industry must make operational changes in security at our
nation's airports in order to thwart future terrorist activities.
In conclusion, I support the stabilization of the airline industry
with direct aid and loan guarantees. Our airline industry serves as a
major cog of our economic engine and also
Mr. OBERSTAR. Mr. Speaker, I yield 30 seconds to the gentleman from
Washington (Mr. Inslee).
(Mr. INSLEE asked and was given permission to revise and extend his
remarks.)
Mr. INSLEE. Mr. Speaker, the firefighters in New York did not panic
and neither should we. Tomorrow, when the sun comes up, Americans all
over this country are going to ask this question: Why in this Chamber
do the big dogs always eat first?
Twenty or thirty thousand Boeing laid-off workers who build the
airplanes by their sweat of their brow are going to ask: Why are we
using taxpayer money to help companies with CEOs who make $35 million a
year, and for the machinists, they get zero?
Bipartisanship does not mean the whole thing for the corporation and
not a part for the worker. Help airlines, and put some ``no's'' up
there to make sure we get a clean vote up there next week.
The SPEAKER pro tempore (Mr. Thornberry). The gentleman from Alaska
(Mr. Young) has 9\1/2\ minutes remaining, and the gentleman from
Minnesota (Mr. Oberstar) has 16\1/4\ minutes remaining.
Mr. YOUNG of Alaska. Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield 30 seconds to the gentlewoman from
California (Mrs. Davis).
Mrs. DAVIS of California. Mr. Speaker, we have just begun, I believe,
to comprehend the extent of our national trauma. And while we continue
to grieve, we cannot let a terrorist attack bankrupt such a critical
component of our economy, so we must keep the planes in the air.
But I want to remind my colleagues that we cannot stop here, and I
appreciate the fact that people have expressed that tonight. We cannot
stop here. What we need is a comprehensive package. We need to address
airline security, and we need to address the growing employment crisis
in our country.
[[Page H5906]]
Please, Members, let us go to the next step and let us do it with the
fervor and the passion that we have addressed this step as well.
Mr. OBERSTAR. Mr. Speaker, I yield 30 seconds to the gentleman from
Texas (Mr. Turner).
Mr. TURNER. Mr. Speaker, I want to address these remarks to the
families of the victims, those who were injured on September 11.
One of the best provisions of this bill is that this Congress has
provided a method whereby all those injured, the victims of those who
have died, will have full recovery for their economic and noneconomic
damages by the establishment of a special master. The Treasury of the
United States has been opened by the Members of this Congress to ensure
that every family will receive just recovery.
It is one of the best provisions of the bill, and I urge my
colleagues to support it.
Mr. OBERSTAR. Mr. Speaker, I yield 30 seconds to the gentleman from
California (Mr. Becerra).
Mr. BECERRA. Mr. Speaker, I thank the gentleman for yielding me this
time.
Mr. Speaker, the aviation industry is in need of a lifeline, and we
are all trying to find it. The bill today provides $15 billion in
taxpayer dollars to give a bailout, but there is no reason why this
legislation could not have included the real face of the aviation
industry: the pilots, the mechanics, the baggage handlers, the fight
attendants, and ticket agents. The airlines could not run without them.
This package contains nothing for the industry's reportedly 100,000
displaced or soon-to-be-laid-off workers. This $15 billion package
spends nothing for the greater safety in our airlines as well.
Mr. Speaker, I want to make clear that we need to support legislation
granting much-needed relief to our beleaguered airlines; but without
help for workers, without real money for enhanced security, without
real guaranties for air service to small communities, I cannot support
this.
Mr. OBERSTAR. Mr. Speaker, I yield 30 seconds to the gentleman from
New York (Mr. Meeks).
Mr. MEEKS of New York. Mr. Speaker, I am supporting this bill. I am
supporting it because of jobs.
I do not want to cut off our noses to spite our faces. If we lose
this airline industry, we lose all jobs. We have to save it to save
jobs, and then come back next week to make sure that we finish the job.
It is indeed an incomplete job. We must finish the job, but we must not
lose it all.
My heart goes out when I look at the New York City skyline and no
longer see our twin towers. And I think if the towers were still
standing, we could repair it and we could keep jobs in the building.
But my heart is lost because there is no longer any towers on the
skyline, and we have lost all of those jobs. Let us not lose any more
jobs.
Mr. OBERSTAR. Mr. Speaker, I yield 40 seconds to the gentlewoman from
California (Ms. Eshoo).
Ms. ESHOO. Mr. Speaker, I thank the gentleman for yielding me this
time.
Mr. Speaker, this is one of the first steps that we are taking as a
result of the hell that descended on America over a week ago. I think
that as we take these steps, we need to look very carefully at the
larger picture.
Of course aviation is one of the most critical industries in our
country. And I think today we are more fully appreciating everything
that is related to the airlines. But I want to remind my colleagues
that left out of this bill are the steps that we are going to have to
take and take soon.
The planes will not stay in the air no matter how much we spend. What
we put up in terms of the Federal dollar will not really do what we are
seeking it to do unless we restore the confidence of the American
flying public to get into these planes, as we are, and that it is safe
to do so, and that the workers that help put those planes in the air be
taken care of as well.
Mr. OBERSTAR. Mr. Speaker, I yield 1 minute to the gentleman from
Texas (Mr. Doggett).
Mr. DOGGETT. Mr. Speaker, our vital airline industry has asked for a
hand; and we ought to give them a helping hand but not a handout. And
that is what this bill does with billions of dollars of hard-earned
Social Security Trust Fund monies.
While the airlines get those billions, the taxpayers do not get the
protection, the workers do not get the support, and the traveling
public does not get the safety. All they get is an IOU. We need to
commit tonight to pay that IOU as quickly as the airlines cash the
billions of dollars of checks that they are being granted in a bailout
here tonight.
While this is hardly last Friday's midnight blank check to the
industry that was urged, it remains grossly deficient. And even tonight
the comptroller general of the General Accounting Office states that
after reviewing the bill. ``He has concerns that adequate safeguards
need to be put in place to safeguard the taxpayers' interests.''
We need to do that, but tonight we need to vote ``no.''
The SPEAKER pro tempore (Mr. Thornberry). The Chair would announce
that the gentleman from Alaska (Mr. Young) continues to have 9\1/2\
minutes remaining, and the gentleman from Minnesota (Mr. Oberstar) has
12\1/2\ minutes remaining.
Mr. YOUNG of Alaska. Mr. Speaker, I yield 3 minutes to the gentleman
from Florida (Mr. Mica), the chairman of the subcommittee.
Mr. MICA. Mr. Speaker, I returned to the floor really to try to
eliminate some of the myths.
The previous speaker tries to couch this as a bailout to the airlines
and talks about billions of dollars. Let us look at the billions. There
are $5 billion for direct costs. The airlines must prove direct costs
of incidence from the September 11 tragedy.
Today, $5 billion will barely replace a few number of airplanes. The
gentleman does not have to worry about bailing out the airline
industry, because there will be no airline industry. They will not have
the insurance. They will not have the credit. They will not be in
business. So we will not have 100,000 people out of work, we will have
hundreds of thousands of people out of work.
The rest of the package, the $10 billion, is not a loan program, it
is a loan guarantee program. They must pay back the funds. So this is
not any big handout.
The language on the compensation, the limits we took from the other
side, in trust, to put some limits on compensation for overpaid airline
executives, we took that in good faith from the other side.
The safety issue. There is $3 billion in this legislation for safety
and security. We gave the President another $40 billion, of which he
has complete discretion.
{time} 2200
Mr. Speaker, this Congress is not going to decide airline safety on
Monday. They tried to do it in 1996 with a bill that is still not
enacted by the administration, the previous administration.
We passed another airline security bill in the year 2000, and that is
still not implemented. We have given the money and the responsibility
to the administration. We have sky marshals being put in place as fast
as they are being trained. We have loaner security personnel on planes.
Do not tell people that every possible security provision is not being
instituted. That is not the truth. Do not demagogue this legislation,
pass this legislation.
Mr. OBERSTAR. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. Menendez).
Mr. MENENDEZ. Mr. Speaker, I support this bill because without it our
economy would be in even greater danger. While I would have written a
bill that protected the more than 100,000 airline industry workers who
have been laid off or are at risk of getting pink slips, and we must
address that, a vote against this bill will put all of the airline
industry workers at risk, both those who have been let go and are
hoping to be rehired, and the more than one million still on the job.
Mr. Speaker, not to vote for the bill means no job is secure. Most
important, I cannot in good conscience vote against a bill that
provides compensation to the more than 150 families in my district, and
that number may sadly grow, who have been directly affected by this
tragedy and who are in desperate need right now.
There is no time to wait and negotiate further for them. I agree with
my
[[Page H5907]]
colleagues who want more for airline travel security and worker
protection, but we need to move now and move quickly.
Mr. OBERSTAR. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. George Miller).
Mr. GEORGE MILLER of California. Mr. Speaker, no one is suggesting
that we not help those airlines who as a result incurred costs and
expenses of being ordered down by the Federal Government; but this
legislation goes beyond that because it reimburses them for more than
that cost, and that may turn out to be true in the future, but that is
not true today in terms of what has been proven up.
Mr. Speaker, it does not deal with executive compensation. It allows
people to continue on while workers are being laid off, while workers
are losing their health insurance and wages.
The President talked to us about shared sacrifice, and that is not
what this legislation is about. It is about the few and the powerful
getting their hands on the $5 billion and on the loan agreements and
not providing for the workers and for the families that are devastated
by the loss and tragedies that have taken place.
I think at a minimum we could have provided the coverage for these
individuals. The language was ready; it was simply not agreed to. It is
not about time.
We could have also made very sure that we directed the Federal agency
to take over and federalize the safety of these airplanes. People are
not avoiding airplanes because of the financial conditions of the
airlines; they are not flying because they do not feel safe on
airplanes.
Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, that cataclysmic event that occurred a week ago brought
this Nation together at the very same time that it tore us asunder. We
are here tonight to attempt to thread together shattered pieces of our
economy, the torn hearts and spirits of our fellow citizens. In the
limited way that we can, with the limited tools at our disposal, I
share the frustration of many of my colleagues on this side of the
aisle who wanted to reach out beyond the provisions of this bill and
extend help to those workers who were laid off in the immediate
aftermath of last Tuesday.
I thought we could do that and that we should do that, but there were
other voices and other pressures. Since we do not have the majority, we
do not dictate the course of events.
The Speaker wanted to do more, and he was magnificent in his
management of the competing forces in that session that concluded at
two o'clock this morning in his office when the final shape of this
bill was hammered out. His willingness to work with our side to address
the unmet needs and concerns of Members went on into today and into
late afternoon.
Yes, I think we should have addressed security to a greater extent
than we did in this bill. There is $3 billion to be used by the
Secretary of Transportation for sky marshals, for strengthening flight
deck doors and for other airport security provisions; and there will be
more to come.
Many on my side have said if we do not put it all in this train that
is leaving the station it will never get done, but I trust the Members
of this body and the leadership and the Secretary of Transportation on
their word. They have given their word that we will do a broader and
more inclusive security provision.
With the gentleman from Alaska (Mr. Young), we are going to start on
Monday in our committee crafting that broader language for broader
security to carry out the work that, frankly, I began as a member of
the Presidential Commission of Aviation Security and Terrorism in 1989
and 1990.
If all we have done and recommended had gotten enacted into law and
fully carried out, we still would have gaps in security. That is why I
asked for a review, a blue ribbon commission, in 1995 to come back and
review aviation security from top to bottom; and it took a year for
that to happen in the previous administration.
That group that was called together by the President, the baseline
review committee met, and I addressed them. It was July 17, a year
later, 1996; and that night TWA 800 went down off Long Island, and then
a year later we came back with new legislation to fix aviation security
once again; and we did it again last year in our committee. We are
going to do it again until we get it right.
We have a lot of provisions in this bill to deal with the problems of
those who lost their lives on the ground and the families who survived
them, just as we did in the aftermath of TWA 800 and Pan Am 103, and it
pains me to be on this floor once again to be addressing these matters.
We are going to provide in this bill continuation of air service for
small communities that feed into the hubs. We provide $120 million for
essential air service for the very smallest markets in our country. We
provide assistance to our air carriers with accountability, with
limitations on executive pay. In the Chrysler package of 1979, there
was a proposal to cap wages of UAW workers; and the Members on this
side said no, and a good many on the Republican side said no; and the
Congress refused to do it.
But in this bill we put caps. We put limitations. Maybe we should
have limited their pay below what they were making last year; but we
did what was doable, capped their pay at what it was last year for the
next 2 years, so that there is some shared contribution.
I believe that we are going to move further ahead. The Speaker made a
commitment tonight to the minority leader that beginning next week they
will start on a comprehensive package of worker assistance. I hope it
will include extended unemployment compensation in many provisions of
the Trade Adjustment Assistance Act, and I will call upon the airlines
of the United States to follow the example of Northwest Airlines, which
voluntarily told its unemployed laidoff workers that it will continue
their health insurance through the end of this year, fully paid,
employer-employee portions by the airline, whatever its cost will be;
and if the other airlines will do the same, there would be a greater
sense of shared sacrifice. There would be greater confidence on this
floor that they are doing the right thing.
I have asked the airlines to express their support for worker
provisions, and they have done so in a letter, and for improved
security provision that I know they have done so as well. They will
stand with us next week and in the following days when we bring
legislation to the House floor.
This is the best we can do, and it is the most important thing that
we can do to get aviation back again moving people and goods and moving
our economy. It is not just here at home. The International Air
Transport Association reported earlier today that European airlines
since last Friday have lost $5 billion. That is a greater percentage of
loss for them than for our carriers. If we do not get American aviation
moving again, world aviation is going to collapse.
Yes, we want to do more for the workers who are laid off, but we have
to do something to keep the jobs of those who are still working. There
are 1.2 million employees in the airline industry; 100,000 are laid
off. But that means 1.1 million are working, and this bill is to keep
those jobs, to help them stay on their feet, help them continue
contributing to the national economy.
That is why we are gathered around here, to do what we can in the
right way, in the right time, to the extent that we can.
Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from Texas
(Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the gentleman from
Minnesota (Mr. Oberstar) very much for yielding me the time, and I know
my colleagues are eager to leave this place, but many of us believe
this is important enough that we should stay here and work.
I frankly believe that we can have a meeting of the minds. I believe
that the United States Government last week made a catastrophic
decision to ground the airlines; and they were right, and so we should
compensate them. This legislation also speaks to the tragedy and
travesty of 6,000 dead; and I think we should compensate them as well.
But at the same time, I believe we should advocate for the sky caps
and cabbies, suppliers, airline stewardesses, and pilots that may be
laid off.
[[Page H5908]]
I want to thank the gentleman from Minnesota (Mr. Oberstar), the
ranking member; and I want to thank the gentleman from Alaska (Mr.
Young) for working this bill through. But I need be able to carry the
message home in a very clear manner. I know the leader and the Speaker
have spoken, and I would like to yield to the distinguished ranking
member because he did recount for us extensively where we might go in
this next week.
I ask the gentleman from Minnesota, the plan for next week or moving
into next week on working on ensuring that we have a plan for extended
employment assistance for the ability to cover employees that may be
laid off and the commitment of the airlines respectively not to file
bankruptcy, and I know there are no definitive answers, but to work
with us to rebuild the airlines, thereby rebuild employment, because
what I hear is that people do want their jobs.
{time} 2215
Do we have the ability and the capacity and the commitment to do
that?
Mr. Speaker, the September 11, 2001 terrorist acts against America
will never be forgotten. 6,333 people are missing and presumed dead,
and 6,291 have been injured as a result of the terrorist attack on the
World Trade Center in New York. The death toll at the Pentagon is 189
including the 64 people who died on American Airline Flight 77.
Last night, we heard from President Bush regarding the need for
national and world unity as we embark upon the mission of eradicating
terrorism and bringing the terrorist to swift justice. I agree with
President Bush on this issue. I vote to give the President the
authority to act appropriately to achieve this goal. Also, I voted to
provide the $40 billion necessary to fund the rebuilding of New York
City, the Pentagon and to fund the campaign to bring the perpetrators
to justice.
I want to express my support for H.R. 2926, the Air Transportation
System Stabilization Act. The airlines of this nation serve as a great
public asset to this nation. That is why we should properly address the
needs of the employees, the traveling public and the airline companies.
The cowardly acts of September 11, 2001 left our nation's airline
industry and its workers in a precarious financial condition. Since
these events, airline profits and operating funds have plummeted and
the number of proposed employee layoffs increase daily. If Congress
does not act quickly, first tier airlines will be forced to file for
Chapter 11--bankruptcy protection within 30 to 60 days. Furthermore, it
is estimated that by June 1, 2002, the industry will realize cash
shortfalls of at least $10 billion.
H.R. 2926, is an appropriate and timely response by the Congress to
deal with the intended and unintended consequences of these
unprecedented events that I hope will never occur again on American
soil. I must say that I agree with many of my colleagues in the House
of Representatives regarding the necessity to act today because it is
apparent to us all that the capital markets are not coming to the aid
of most of the suffering airlines.
H.R. 2926 provides $5 billion in direct aid to the airlines, an
amount that airlines say they would lose by the end of the month as a
result of the government-ordered grounding of flights following the
terrorist hijackings of four jetliners and the sharp drop in business.
Also, H.R. 2926 would provide $10 billion in loan guarantees to
airliners that face fewer customers, sharp increase in insurance
premiums and rising costs for security. Further, H.R. 2926 creates a
Victim Compensation Fund for victims of the terrorist-related attacks
of September 11, 2001. A Special Master appointed by the Attorney
General will administer the Fund. Air carrier liability is capped at
the carriers' insurance company limit. The Federal Government will
provide compensation above and beyond carrier liability.
Mr. Speaker, I must express my disappointment about this
legislation's failure to address the needs of the hard working airport
and other employees who will be out of work as a result of decreased
air travel. This bill over looks the skycaps, the concession workers,
cabbies and the others who happily greet us as we move through our
nation's airports. These employees should not be required to wait for
assistance when their mortgages and other daily obligations continue.
That is why I supported the Hastings Amendment to H.R. 2926 which
will not be debated on the floor of the House of Representatives. If
the House Rules Committee had allowed debate on the Hastings Amendment,
airline and airport employees could have been provided timely benefits
to assist in these difficult times. Those benefits would have included
the extension of unemployment benefits from 26 weeks to 78 weeks, 26
weeks of unemployment insurance benefits for workers who would not
otherwise qualify, extended job training benefits from 26 weeks to 78
weeks, and provides up to 78 weeks of federally subsidized COBRA
premiums.
Additionally, Mr. Speaker, this legislation does not address the
needs of the small businesses, which are dependent upon the air travel
industry. Also, Mr. Speaker, this legislation is lacking because it
does not address the needs of small businesses based in the airports
around the nation. I believe that it is imperative that we provide a
statutorily acceptable mechanism to distribute relief funds to small
businesses that have been affected outside the states that have been
declared disaster areas. Primary disaster relief for small businesses
comes from the Disaster Relief Assistance Program of the Small Business
Administration. However, SBA cannot disburse funds without a disaster
declaration by an individual state, and many affected airports are
located in states geographically removed from the attack site like
Texas. We must ensure that we provide fair treatment for these
businesses caught in the ripple effect of the airline crisis. I will be
working with the Mayor of Houston and the City Council to ensure that
small businesses get the assistance that is needed.
Mr. Speaker, this legislation simply expresses the commitment of
Congress to act expeditiously to strengthen airport security and take
further measures to enhance the safety of air travel. But, I believe
that we must take the next step and federalize all aspects of airport
security so that the loss of consumer confidence can be restored within
short order. Federalizing airport security does not mean that we
discount the importance of the current airport security employees. Mr.
Speaker, the aim should be to increase consumer confidence in air
travel.
Mr. Speaker, H.R. 2926 clearly does not go far enough, however now is
the time to begin the process of rebuilding so that we can realize
increased air traffic at the Bush Intercontinental Airport, and the
William Hobby P. Airport in Houston, and all of America's airports.
Finally, Mr. Speaker, I hope that the leadership of the House of
Representatives and Senator Daschle and Senator Lott will make a firm
commitment to bring employee economic assistance legislation to the
floor of both Houses of Congress early next week.
Mr. OBERSTAR. Mr. Speaker, if the gentlewoman will yield, that is not
a matter I control. That is an agreement between the Speaker and the
minority leader. They are certainly committed to working in the
direction the gentlewoman has expressed.
Mr. Speaker, I yield the balance of my time to the gentleman from
Virginia (Mr. Moran).
Mr. MORAN of Virginia. Mr. Speaker, as my colleagues know, I am proud
to represent Washington's National Airport which tonight is closed,
completely closed except for terminal A, which has been transformed
into an unemployment compensation center for the more than 10,000
people who have lost their jobs at National Airport and the more than
60,000 people in the Washington area whose jobs are dependent on
National Airport. The terrorists caused the loss of more than 6,000
lives. They cannot cause the loss of thousands of livelihoods.
I am going to vote for this, but I have the confidence we are going
to do something for the workers, too, who work day to day and breathe
life into the aircraft and the airline industry. But we cannot have
employees without employers. We have got to pass this bill. But it is
not enough.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
To the gentleman who just spoke, I happen to support reopening Reagan
National Airport. He is another gentleman, by the way, that has never
voted for anything I have ever wanted, and I do support opening that
airport. It is the right thing to do. I want him to know that.
I would also suggest that for those who question it, this committee
has jurisdiction over some parts of this bill which we are bringing up
tonight, but as the gentleman from Minnesota has mentioned, we do not
have total jurisdiction. But I am going to do everything in my power,
as well as the gentleman from Minnesota's, to make sure that the
gentleman from Missouri (Mr. Gephardt) and the Speaker's commitment is
followed through for the workers. But this bill tonight is so crucially
important so that we can keep those jobs that remain still viable and
we get the airline industry back on track so they can be rehired as
they have lost their jobs. And we will do that.
I would suggest one thing. I hope, and I know most of my colleagues
have not
[[Page H5909]]
read the bill; I say that sincerely because I am also a Member of this
Congress.
``Documentation. Subject to subsection (b), the amount of
compensation payable to an air carrier under section 101(a)(2) may not
exceed the amount of losses described in section 101(a)(2) that the air
carrier demonstrates to the satisfaction of the President, using sworn
financial statements or other appropriate data, that the air carrier
incurred. The Secretary of Transportation and the Comptroller General
of the United States may audit such statements and may request any
information that the Secretary and the Comptroller General deems
necessary to conduct such audit.''
I am going to suggest that all losses must be documented and if they
make false statements, they have committed a felony and it is a crime.
Let us keep that in mind.
Other than that, Mr. Speaker, I would like at this time to thank the
gentleman from Minnesota (Mr. Oberstar) for the work he has done and
the leadership he has shown on that side of the aisle with tremendous
criticism from some of his Members. I did not face that on this side of
the aisle at all. I also would like to thank the staffs on both sides.
I may not name all of them because some of the names I may not know and
I will not pronounce those I do not know. But the staffs put in
yesterday, last night, today, last week, Monday, Tuesday and Wednesday
and they worked 48 hours sometimes, so I thank the staffs for the work
they have done. It is crucially important.
We also had another player, or two players not in this body, in this
bill that we had to work with. We had the administration. It is my
administration, but I can tell you sometimes they can be very, very
shortsighted. We also had the other body, and they can be equally
shortsighted. But we had to bring this bill together so it can become a
law.
I am asking my colleagues tonight to keep in mind, this is not a
bailout. This is an attempt to keep a vital part of our economy
working. This is, in fact, crucial to the total economy of this Nation
that we pass this legislation tonight. I urge my colleagues to think of
this and to vote for final passage.
Mr. BORSKI. Mr. Speaker, I rise in strong support of the bill before
us today. Some are asking why we need a bill specifically for the
airlines, when so many other sectors of the economy need our help as
well. The answer is simple--we have to.
September 11, 2001 changed everything in our world. Including the
continuing stability and viability of the U.S. aviation system. The
aviation industry normally constitutes 10 percent of our national gross
domestic product. In my City of Philadelphia, the airline industry is a
$7.4 billion economic engine. I cannot stress it enough that if we do
not help this industry now, today, it will not be the same viable
transportation system as we know it and layoffs will be even more
staggering then we are currently witnessing.
The situation the airline industry finds itself was not one of their
making. Within hours of the first strike, Secretary Mineta made the
difficult, yet crucial decision to ground all flights in the U.S. and
divert others. It was the federal government's correct choice to close
the airlines' doors for four days and it was this decision that also
caused the industry to lose $200 million a day for each day their
flights were grounded.
On the principle of fairness, it must also be the responsibility of
the federal government to restore this industry's economic solvency. To
act otherwise, will be devastating to our nation's transportation
infrastructure and crippling to our national economy.
Additionally, airlines will not become viable until the American
people are convinced that they are secure. I comment Transportation
Secretary Mineta for creating two task force teams to report and advise
on airline and airport security. I also look forward to this Congress
passing legislation to federalize the aviation security system. For far
too long, these workers have been underpaid, overworked, and
unappreciated. I am confident that the federal government can and will
create a credible and well-trained federal enforcement aviation
security system as soon as possible.
We are passing this legislation tonight to not only restore the trust
in our aviation industry, but also for the men and women who drive the
industry forward--the airline employees. In 2000 alone, these dedicated
employees served approximately 670 million passengers traveling over
700 billion miles, and provided over 25 billion ton miles of freight
delivery. While some may argue that this bill hurts airline employees,
I believe it does just the opposite.
I am saddened and angered by the layoffs we have already seen as a
result of the September 11th attacks. But if we do not pass this bill
tonight, all 1.2 million U.S. airline employees are in jeopardy of
losing their jobs. If we can enact H.R. 2926 as soon as possible, it
will only accelerate the airline industry's ability to get back on
their feet and put them in a position to rehire some of the workers
already laid off. The faster we can increase the demand for flights,
the faster airline employees can get back to their jobs.
In addition, I take our Leaderships' word that we will bring to the
House floor, legislation to assist the airline employees that have
already been effected by these tragedies. Within the next week or so I
am confident that we will have an employee assistance package in hand,
ready for these American heroes.
Mr. Speaker, I vote for this bill for the traveling public, the
aviation employees, the American people, and all other business that
rely on or are affected by the aviation industry.
Again, I urge my colleagues to vote for this important and necessary
piece of legislation.
Ms. LEE. Mr. Speaker, I rise today to support H.R. 2926, the Airline
Stabilization Act, which will revitalize our economy and protect jobs
in my district and around the country. I do so with the strong
intention of supporting additional legislation, scheduled to be
considered on the House floor next, that will provide relief for
airport workers and those who have already lost their jobs in the
airline industry. I also believe Congress needs to provide additional
resources for airport security as soon as possible.
Part of the aftermath of the tragedy our entire nation suffered on
September 11 is that important industries in our nation's economy have
become vulnerable. One of the most visibly affected industries has been
the airline industry.
We know of 100,000 nationwide layoffs because airplanes were grounded
for four days and because activity at our national airports which came
to a halt, are only now slowly beginning to become active again.
As our nation recovers from this national tragedy, I believe that we
must swiftly aid in this recovery. It is our obligation to help revive
and ensure the viability of the airline industry by giving them the
economic boost they require today.
I believe that by getting our airline industry back on track, our
nation's economy as a whole will prosper, and we will prevent the loss
of even more jobs in the long term.
Funds are included in this bill to give direct, prompt assistance to
the airline industry. But the vast majority of the funds in the bill
are loans that will be repaid. Additionally, there is a provision in
the bill that I strongly support, to limit CEO compensation by putting
a cap on executive salaries over $300,000 for two years.
While I am cognizant that this bill does not contain language that
would provide relief for workers who have been affected, nor does it
include language that would provide increased security measures, I do
believe that this bill will help to ensure solvency for much of the
airline industry and prevent further job losses.
I have stated since the tragedy last week that we must look for a
multifaceted solution to this multifaceted problem. This bill is one
small step toward restoring one facet--our economy--and for that reason
I will support this bill.
Mr. UDALL of Colorado. Mr. Speaker, I am disappointed about the way
the House has handled this legislation. I think legislation to help the
airline industry is urgently needed, but I think this bill falls far
short of doing everything that urgently needs to be done.
I voted against the rule because I thought we should be taking the
time to do a better job before we go home for the weekend. And I voted
for the motion to recommit because it would have made the bill better.
I wish that the outcome to those votes had been different, because I
am not enthusiastic about this bill.
I am not enthusiastic about it because while it will help the
airlines, it does not do enough for the airline employees who are
facing unemployment.
I am not enthusiastic about it because it does not do enough to
address the effects of the airlines' problems on many other businesses.
And I am not enthusiastic about this bill because it does nothing to
respond to the very urgent need to improve the safety and security of
airline passengers and the American people--a need that I think nobody
can deny after the tragic and criminal events of last week.
Still, while not enthusiastic about the bill I will vote for it
because I think it is urgently needed.
And, above all else, I will vote for it because of the assurance of
the Speaker and the leadership that the House will act quickly to
address the problems of employees and the other things that should have
been part of the
[[Page H5910]]
legislation. On that basis, and that basis alone, I am prepared to
support passage of this incomplete and unbalanced bill.
Ms. KILPATRICK. Mr. Speaker, by bringing this bill up without
extensive debate or scrutiny and without the opportunity for amendment,
we are being asked to buy a pig in a poke.
I want to assist the airline industry. The condition of the industry
was marginal before September 11. Since the assault on America, we now
find it in a critical state.
In helping the airlines, we are protecting airline industry
executives, managers and stockholders. I am not opposed to that if that
is what it takes to rebuild the air transport system. But in the wake
of trying to pull together a bill that will bridge the industry until
some normalization in the system is restored, we are forgetting about
the rank and file employees. These are the baggage handlers, the
skycaps, the flight attendants, and the ticket agents who are the
victims of last week's shutdown and who now find themselves out on the
street. There is no provision in this bill that will help bridge them
and their families until the air transport system is back on its feet.
The leadership has promised to bring up legislation next week to
provide compensation for workers, families and victims adversely
impacted by this tragic incident. My problem with this ``promise'' is
that it does not have the united commitment of the leadership on the
other side of the aisle. That's why I am skeptical of supporting this
bill on these terms, under these conditions.
More often than not, legislating quickly is legislating badly. Many
Members in this chamber have cited the precedents of the Chrysler and
New York City loan guarantees. Although I was not a Member of Congress
when Congress acted on these proposals, I supported their passage and
encouraged my representative in Congress to vote for their approval.
The difference between those financial assistance packages and the one
that is before us today is that the Chrysler and New York City relief
bills were debated at length in committee, in private negotiations with
the White House and industry executives, and on the floor of the House
and the Senate. The legislative process worked deliberately and
ultimately wisely. Chrysler and New York City repaid their federal
loans and the federal government actually earned a profit in the
process.
But this case is different. We are being asked to pass a $15 billion
assistance package to rescue the industry. According to one source, the
$5 billion in direct aid is more than four times the amount of the
actual losses actually experienced by the airline industry. I am not
here to argue about the size of the package, although it does lead one
to ask if we are buying a pig in a poke. The problem is that it is a
halfway measure. The bill provides no lifeline to the tens of thousands
of workers who have just been laid off and to the low- and tip-wage
workers who were regulated out of their jobs for reasons of increased
air security. I am prepared to rescue the airline and airport
executives, stockholders and managers. But I am not prepared to forget
those who lost their jobs under these extraordinary circumstances.
We all have a large stake in rebuilding and rescuing the air
transport system. Mr. Oberstar has done a great job to move this bill
forward, and I have enormous respect for his leadership and knowledge
of and competency in the airline industry. However, I regret that I
have to vote against this bill because it ignores the very people who
make the system work.
Mr. McGOVERN. Mr. Speaker, I rise in support of the Air
Transportation Safety and System Stabilization Act. Although I am
voting for this bill today, I do not think that this bill is the best
possible bill or the only bill that we should enact to stabilize the
airline industry and its supporting industries in response to the
tragic September 11 attack on the United States. There are a number of
issues that this bill does not address.
Most importantly, I do not think that the bill adequately provides
for the tens of thousands of airline industry employees that are facing
imminent layoffs. These are the men and women that were on the front
lines of the September 11 attack, many of whom would bravely and
willingly go right back up into our skies to literally keep this
economy and this country moving.
Additionally, I think that we should use this as an opportunity to
drastically improve airline and airport security. I would have liked to
have seen a bill that provided additional funding for the possible
federalization of passenger screening facilities in our airports and an
increase in the number of armed Sky Marshals in on board planes. I hope
that Congress will act on both these issues as quickly as possible.
But the bottom line is that in this time of need the federal
government must take strong action to stabilize the airline industry
and the economy and to insure the continuity of safe and efficient air
travel. A strong airline industry is critical to our national economy.
The airline industry has suffered immense and unprecedented financial
damage from the events of September 11 and their aftermath. Unless
substantial financial assistance is made available immediately, a major
portion of the industry will fail financially over the next year; we
will come out of the recovery period with, at best, a non-competitive,
weak industry of only a few carriers, and, at worst, no viable
survivors, no low fare competitors and the possible prospect of re-
regulation or a government takeover. In either case, we would be likely
to get much higher fares and less service than we had before September
11.
Mr. Speaker, last Friday we brought a stabilization bill to the floor
and failed to act on it. This week, the airlines announced thousands of
layoffs. This Friday I will vote in support of this bill and will urge
my colleagues to support this bill, because if we act today, I can only
hope that we will be able to save some jobs next week.
Mr. COLLINS. Mr. Speaker, Congress is taking important steps today to
provide real short-term relief for the industry. The Air Transportation
System Stabilization Act (H.R. 2926) delivers on the commitment
supported by Congress and stated firmly by President George Bush in his
address to the nation last night--``We will come together to promote
stability and keep our airlines flying with direct assistance during
this emergency.''
For several days last week the U.S. government closed down the
domestic aviation industry--a decision that was vital to the interest
and safety of our country in a crisis situation. Now that the industry
is back online, it is equally vital to our nation that we take steps to
ensure that the public continues to have access to viable, competitive
aviation transportation.
Today we are asking the taxpayers to provide a huge injection into
the arm of the aviation industry. But the cash infusion, the tax
deferral and the financial guarantees from Congress are only one part
of the formula. We have also heard about a lot of talk tonight about
providing additional legislation which provides a whole slew of health,
unemployment benefits, in addition to those that already exist under
current law.
But rather than double dip from the taxpayers, the aviation industry
should use the initial taxpayer assistance provided through H.R. 2926,
to keep their employees on board and utilize these professionally-
trained men and women.
In order to survive, airlines must focus on reestablishing confidence
among the American consumer. The only way you are going to get people
back on planes, is to assure them that air travel is 110 percent safe.
Airlines should consolidate flights and dedicate non-flying personnel
to increased security inspections. Rather than laying off employees
during this travel slowdown, why not utilize their professional
training by putting them throughout airports to increase passenger
security checks and baggage inspection.
It's a fact that the elevated security status means that federal
employees are already being pulled from non-aviation assignments
throughout the government to meet the increased demand for security
precautions in airports. At least on a temporary basis, airline
employees should be utilized in the same capacity--to increase security
of airports and provide the consumers with the confidence they need in
order to return to the airways.
Mr. LEVIN. Mr. Speaker, disintegration of the airline network of
America is simply not a viable alternative for our nation. Therefore, I
will vote for this bill. Defeating it would be a worse alternative than
passing it. But passing it must not obscure the serious shortcomings of
this bill. It fails to address the serious holes in key parts of the
safety net to help hold up those who suffer as a result of the tragedy
of September 11. There are severe gaps in our unemployment compensation
system and in our retraining structure that must be addressed or else
many, if no most, of the dislocated will be out in the cold
economically. Many of these same persons will be left without health
coverage.
We have been assured by the Speaker in a colloquy with the minority
leader that the appropriate committees will turn their attention
promptly to important outstanding issues, which must include those
mentioned earlier. As a member of the Ways and Means Committee and the
Subcommittee which has jurisdiction over unemployment compensation and
some retraining programs, I intend to join in active efforts consistent
with the assurances in the colloquy.
This Congress must also take far more vigorous steps to dramatically
strengthen airline security, and I mean dramatically. This bill does
not begin to do so. If the public does not retain confidence that they
can fly safely, most will not fly and when nothing in this bill will
safeguard the financial integrity of the airline industry.
The vote tonight must lead to further steps, and soon.
Ms. McCARTHY of Missouri. Mr. Speaker, I rise today to express my
support for H.R. 2926, the Air Transportation System Stabilization Act.
I also must express my concerns for
[[Page H5911]]
what is not contained in the legislation. While the assistance provided
by this measure is absolutely essential to keep our airlines operating,
the lack of provisions to address the needs of thousands of airline
workers who were told by the government not to report to work and who
will not be compensated for complying with that request is wrong. The
bill lacks important provisions to increase security for pilots, crew
and passenger that are needed to restore people's confidence in the
industry that is so important to regaining the economic viability of
the industry. At a time such as this, only the federal government can
help restore that confidence, and I fear that this bill does not go far
enough to accomplish this critical task.
These terrorist attacks were aimed at disrupting our economy and
destroying our way of life. The destruction that followed has
threatened not only the economic viability of the airline industry, but
the livelihood of workers employed by air carriers, manufacturers, and
the hospitality industry. Each day that flights are grounded resulted
in a loss over $300 million a day for the industry. The airlines expect
to lose $24 billion in the next year due to the aftermath of the
attacks.
Without federal aid, many carriers may go bankrupt. I support the
provisions in the bill that will help the industry remain economically
viable, such as the $5 billion in direct aid and $10 billion in loan
guarantees. However, none of this money goes towards helping the tens
of thousands of hard working Americans who now have no assistance to
help them while they search for new jobs or maintain their health
insurance. We must address their concerns as well as the concerns of
other industries tied in with the airline industry.
My home state of Missouri will be considerably affected if an
economic recovery package is not enacted soon. Missouri is home to
Vanguard Airlines, a regional, low-fare airline that serves the
metropolitan Kansas City area by linking it with the 14 largest cities
in the United States. The company employs nearly 1,000 residents in
Missouri and Kansas and is an integral part of the state and regional
transport economies. In addition, American Airlines has an enormous
presence in the state. As part of its merger agreement with Trans World
Airlines (TWA), American has incorporated TWA's hub in St. Louis and
its overhaul base in Kansas City. American Airlines employs almost
13,000 people and makes up a significant portion of Missouri's
workforce. A considerable curtailment of its operations or those of
Vanguard Airlines would be devastating to the state's economy.
This measure is only a first step towards putting the airline
industry back on solid financial ground. It is incomplete. We must
continue to work to bolster the security of the airlines, returning air
marshals to skies and implementing the latest technologies available to
ensure the traveling public that hijackings will not occur again. We
cannot ignore the needs of the thousands of workers who have lost their
jobs. If we do not provide the support needed, the temporary nature of
the layoffs and furloughs will be harder to overcome and lengthen the
effect. I strongly urge my colleagues to revisit this issue immediately
and continue to be vigilant in addressing the needs of the industry's
employees and families, and do what is necessary to restore the
confidence of the American people in this most vital of industries.
Ms. PRYCE of Ohio. Mr. Speaker, I rise in support of this bill and
ask that this letter be included in the Record.
____
Association of Trial Lawyers of America,
September 21, 2001.
Hon. Dennis Hastert, Speaker and Hon. Richard Gephardt,
Democratic Leader,
U.S. House of Representatives, Washington, DC.
Dear Mr. Speaker and Mr. Leader: The Association of Trial
Lawyers of America (ATLA) commends the United States Congress
and President Bush for their leadership and decision to put
families victimized by our national tragedy first and to ease
their pain by expediting appropriate relief to them through
the ``September 11 Compensation Fund of 2001,'' created by
H.R. 2926, the Air Transportation Safety and System
Stabilization Act.
ATLA agrees with you that extraordinary situations demand
extraordinary responses.
At least seven thousand families are hurting more than any
of us can imagine. And, because the first priority of every
American should be prompt and full justice for the thousands
of families who know first-hand the unspeakable horror
visited upon the world on September 11, 2001, members of ATLA
will provide free legal services to any family wishing to
pursue justice through the fund established by this
unprecedented, humanitarian legislation.
ATLA believes that 100% of the compensation from the fund
should go directly to these families.
The officers and Executive Committee of ATLA have
volunteered to be the first attorneys to provide legal
services free of charge under this program.
God Bless America.
Sincerely,
Leo V. Boyle, President.
On behalf of the 60,000 men and women of ATLA.
Mr. LaFALCE. Mr. Speaker, I rise in opposition to this legislation.
Let me first acknowledge that this bill is much better than the bill we
were asked to consider under unanimous consent one week ago. The
fiduciary provisions associated with the bill's $10 billion in loan
guarantees are better in this bill, because they were non-existent in
last Friday's version. Today's bill creates a loan guarantee board,
which includes Treasury, the Fed, and GAO--all critical players in any
loan guarantee package. There was no Board last week; the President had
total discretion. It sets conditions for establishing the magnitude and
source of financial losses prior to the extension of any guarantees,
including the authority to conduct audits of corporate financial
statements. And it provides a mechanism for the federal government, and
ultimately the taxpayers, to be compensated for the risks assumed in
the loan guarantees.
All of these provisions are sound. Unfortunately, they are
part of an overall package that is seriously deficient.
First, the bill contains no provision for federalization of airline
security. Yet, this is the critical element needed to restore
confidence among Americans so that they will fly again. No amount of
financial support from the federal government will return the airlines
to sound footing if the American people remain reluctant to fly. And
for confidence to be restored, the American people need to know that
the federal government will assume the responsibility for airport and
air security. We have no concrete assurance that actions to federalize
airline security will be forthcoming any time soon, if at all.
Second, this bill is deficient in its provision for worker relief. In
fact, it contains absolutely no worker relief. It is critical that we
expand unemployment insurance coverage to the many workers who will be
jobless as a result of the terrorist attack, yet currently are not
covered by unemployment insurance. It is a also critical that we extend
the term of unemployment insurance, so that jobless Americans can count
on adequate financial support throughout the duration of unemployment.
Further, we need to do more to provide health coverage for laid-off
workers by expanding COBRA benefits, which are currently structured to
effectively put health coverage out of reach for many of the
unemployed. But again, none of these provisions are in the bill, and we
have no assurances that they will be forthcoming any time soon, if at
all.
Third, while providing no support for rank and file workers, even as
tens of thousands of these workers are being laid-off, the bill
provides a meaningless limit on CEO compensation, allowing them to
continue to reap the massive compensation packages they received in the
year 2000. Telling a corporate executive that if he received $15
million last year he can receive no more than $15 million this year is
not my idea of ``shared sacrifice.''
It is little wonder that this bill does not have the support of labor
unions. Any industry financial package must be based on the tenet of
shared sacrifice, as we saw in the Chrysler support package--that
package had the support of the labor unions. Clearly, the labor unions
see little evidence of shared sacrifice in this legislation, and they
oppose it strongly. The AFL-CIO states, ``members of Congress are
poised to stiff airline industry workers in the bailout bill.''
Fourth, this bill distributes $5 billion in grants and $10 billion in
loan guarantees according to the airlines' passenger capacity, not
their passenger load, during the month of August. This provides
windfalls to airlines who were in weak financial straits prior to last
Tuesday's tragic events. This is a fiscally irresponsible measure.
Financial support should be distributed based on measures that would
better reflect the financial condition of the airlines prior to
September 11th.
Fifth, the victim's compensation provisions in this bill create gross
inequities by compensating for economic losses based solely on the
deceased worker's earnings. As a result, the family of a worker who
earned millions of dollars a year will receive many multiples of that
amount in compensation, while a deceased minimum wage worker's family
will receive much, much less.
Sixth, this bill does nothing to address the economic losses of the
many businesses directly and indirectly associated with the airlines,
especially the travel industry. Without any assurances that we can
address those losses in other legislation, we must wonder about the
level of support in this bill, $15 billion, for a single industry.
These other businesses have a legitimate claim to federal support; yet,
there is no assurance from the Administration or congressional
leadership that further funding will be made readily available.
Seventh, I am concerned that limitations on the liability of the
airline industry alone will
[[Page H5912]]
merely shift lawsuits and losses from the airlines to other entities,
setting off a chain of unintended consequences throughout the economy.
The U.S. Chamber of Commerce opposes these provisions, saying that the
provisions will have ``dramatic and negative consequences on the entire
business community.''
Eighth, the bill only allows for warrants and other means of
compensating the taxpayers for this bailout as they pertain to the loan
guarantees. There are no such mechanisms associated with the $5 billion
cash infusion. Warrants should be extended as a condition of cash aid.
Ninth, the cash infusion is not accompanied by any language that
would seek to reimburse the taxpayers for insurance payments received
by the airlines under business interruption or physical disaster
insurance policies. The airlines will receive payments from these
policies, and they should return any cash assistance to the government
that is offset by such payments.
Finally, I must ask, why are we rushing through a bill that includes
all of these deficiencies tonight? Why can't we have a few more days,
with more input from Members, to craft a package that makes sense in
its entirety? Let me remind my colleagues that we will have no
opportunity to improve this bill during a conference committee, because
no conference will occur. I oppose this specific bill, but I remain
eager to come back and craft a new and much better package.
Mr. REYES. Mr. Speaker, I rise today in strong support of H.R. 2629,
the Air Transportation System Stabilization Act. As our nation begins
the hearing process in the aftermath of last week's attacks, we must
focus our efforts toward getting back to the important business of our
nation. I appreciate the hard work of Chairman Young, Ranking Member
Oberstar and all of the Members on the Committee on Transportation and
Infrastructure, for crafting this legislative relief package for the
airline industry. We as a Congress and a nation need to continue to
unite during this tragedy, set aside partisanship, and focus on issues
that protect our way of life. We need to pass this important bill.
Addressing the immediate situation confronting the airline industry
must be one of our top priorities. The airline industry provides an
essential public service and is an integral component of the United
States national transportation infrastructure. For example, during
calendar year 2000, the 1.2 million U.S. airline employees served
approximately 670 million passengers traveling over 700 billion miles
and provided over 25 billion ton miles of freight delivery.
The terrorist attacks have had a grave and dramatic effect on the
airline industry. As we as a nation comes to grips with the
vulnerability of our transportation systems to terrorist attacks, more
resources will need to be allocated to assure the safety and security
of everyone who travels by air. This will cost a tremendous amount of
money and should not be borne solely by the airline industry.
The effect is not only being felt with airlines, but also in travel
agencies and other businesses associated with the travel industry. As a
Congress, we need to do everything in our power to assist the many
people across our country who have businesses that have been adversely
effected due to the dramatically reduced demand for air service.
Airlines are reducing flight schedules and are expected to announce the
layoff of 100,000 employees in the near future. Federal assistance to
the airlines is an important first step, however, assistance must also
be provided to our businesses that are dependent on the airlines. There
are many businesses in my district and districts across the country who
are facing severe layoffs. Travel agencies, which are losing $26
million per day, restaurants, hotels, cruise lines and many, many
others are experiencing great hardship. We need to make sure that we
address their issues.
Without immediate and significant U.S. government financial support,
many U.S. airlines will go bankrupt, severely threatening our way of
life. It is estimated that the overall impact on the airline industry
alone from the September 11th attack will be $24 billion based on
anticipated revenue declines and cost increases. H.R. 2629 goes a long
way toward stabilizing the airlines by providing $5 billion in direct
grants and an additional $10 billion in loan guarantees.
Safe and efficient air travel must remain a national priority. A
strong airline industry is vital to our economy and the security of our
country. I pledge my support for this important piece of legislation
and urge my colleagues to vote in favor of it.
Mr. UNDERWOOD. Mr. Speaker, I rise in strong support of this
important and needed legislation to preserve the continued viability of
our country's air transportation system. The financial condition of our
nation's commercial airline industry in the aftermath of the
catastrophic events that occurred on September 11 is of the utmost
importance. Stability and service continuity within the industry is
desperately needed as it affects not only the airline industry itself,
but also our entire economy and marketplace, from manufacturing, to
travel and tourism, to the transportation of goods and services, to
mail delivery. These industries are on the verge of facing a crisis and
they will not survive if we do not act now.
This relief package is particularly vital to Guam and the
territories, whose geographical isolation and distance from the U.S.
mainland makes air service costly and challenging to begin with and
that much more vulnerable to cutbacks and downsizing in times of
difficulty.
If this legislation is not passed soon and quickly, the isolated
territories and jurisdictions like Guam and other U.S. Pacific Islands,
will face enormous and disproportionate economic and social
repercussions. These areas are significantly dependent upon the
industry, much more so than other areas in our country where
alternative modes of transportation are available.
Guam, which is seven hours flying time from Hawaii and nineteen
flying hours from Washington, D.C., is the furthest U.S. jurisdiction
from our nation's capital. For years, Continental Micronesia has
provide Guam with excellent air and cargo service. Without their
continued and unimpaired service, the people of Guam are essentially
left with no viable and reliable air service to Hawaii and the U.S.
mainland via U.S. routes. Air service, both passenger and cargo, is
vital to our economic development and tourism industry.
The recent announcement by Continental Airlines of a system-wide
reduction of flights by 20 percent and a lay off of 12,000 people or
about 20% of its parent company work force underscores the necessity
for this legislation. Continental Micronesia is the largest private
employer on Guam and is the only commercial airline that flies between
Guam and Hawaii. Hawaii is a required stop for travelers between Guam
and the U.S. mainland, unless individuals travel to Guam via Asia on
Northwest or international air carriers. Due to Guam's close proximity
to Asia, Guam has been more impacted than most U.S. jurisdictions from
the Asian financial crisis, particularly in Japan, for the last several
years. With an unemployment rate of over 15% and the anticipated
decrease in tourism, this legislation becomes more important. The
economic impact that a single commercial airline's cutbacks may have on
an isolated jurisdiction like Guam is potentially devastating.
Continental Micronesia employs near 2000 workers. Apart from being the
only commercial passenger carrier between Hawaii and Guam, Continental
Micronesia provides a key role in the delivery of mail and cargo
service, including medical specimens and commercial goods. Their
ability to sustain these services is essential. They are in dire need
of our support.
Air arrivals to Guam have dropped 40 percent since last week and
everyday more and more airport, airline, and tourism employees have
been furloughed or laid off. The Guam International Airport has done
all it can to mitigate the financial burden on our airlines, including
reducing passenger fees, but they cannot solve the recovery problem
alone. I believe that consideration should be given to the impact on
our nation's airports by providing assistance in the implementation of
heightened security requirements. Requiring improved screening devices
and other security functions will come at a significant cost.
Successful implementation of and compliance with these new standards
necessitates federal financial support.
I strongly support this commercial airline relief package and urge
its expeditious consideration and passage. This legislation is good for
our nation, good for our economy, and good for our future. We should
take all the necessary steps to safeguard our airline industry from
crippling in the midst of catastrophic circumstances. I thank the
Transportation and Infrastructure Committee Chairman, Mr. Young, and
the Ranking Member, Mr. Oberstar, for their leadership and concern.
Mr. RAHALL. Mr. Speaker, I rise in support of this bill to stabilize
the airline industry. Since the September 11 tragedy, the airlines have
lost $5 billion. There is fear in the industry that we could lose a
possible 100,000 jobs. This include pilots, flight attendants,
mechanics, sky caps, and other airport-related jobs like firefighters
and food service workers.
This bill will save these workers from layoffs. I share the concerns
expressed by unions that the bill does not provide protections for
dislocated workers, and extended health care coverage for airline
workers.
Speaker Hastert and Democratic Leader Gephardt have pledged that the
House will bring up a bill to help the workers expeditiously. I will
help to write this bill and will work to get it enacted into law as
quickly as possible.
I have always supported the American worker, and the unions, and will
continue to do my best to support legislation that will protect the
quality of life for the American worker.
Today, we are in a unique situation. Never, in the history of this
nation, have we experienced the horror of September 11. We must
[[Page H5913]]
pass legislation one step at a time. Today, we will pass legislation to
stabilize the airline industry and to save jobs in the airline
industry. Then we will pass legislation to help displaced workers and
to overhaul airport security.
Today's bill give the airlines an infusion of cash. Before the
tragedy of September 11, the airlines were already burdened with a
heavy debt load. Business was down due to a soft economy.
The bill will provide $5 billion to the airlines and $10 billion in
loan guarantees. This will prevent a negative ripple effect in the
economy, and will save jobs.
If the airlines were to go under, we would see a negative effect on
domestic and international commerce, in economic development,
agriculture, travel and tourism, the hotel-motel industry, the
entertainment industry, sports events, rail, water and highway
transportation, including the trucking industry, and the list goes on.
My constituents in West Virginia were worried that air service to
rural areas and small towns would be irreparably damaged if the
airlines go under. Already, USAirways and other major airlines
announced a cutback in flights.
I am pleased that this bill provided $120 million for essential air
service to small communities for fiscal year 2002. This will ensure
that small communities like Beckley, Bluefield and Lewisburg, West
Virginia can continue to provide the most adequate air service to West
Virginians.
In closing, we must remember that we are considering legislation
under the most extraordinary circumstances. We must help the airline
industry to stabilize, and then we will turn our immediate attention to
the providing the most comprehensive protections, and extension of
health care coverage, to the American workers who were displaced by
this heinous crime.
Mrs. McCARTHY of New York. Mr. Speaker, the tragic events of last
week have left the airline industry in complete disarray. The
significant reductions in service, caused by poor consumer confidence,
has led to significant job loss within the airline industry. The ripple
effect is already seen throughout our economy with substantial declines
in the stock market, significant reductions in restaurant patronage,
and an overall decline in consumer spending. Because of these factors,
this stabilization package is needed to prevent further job loss, not
only within the airline community, but also businesses dependent upon
the prosperity of this industry.
Although I believe this bailout package is needed, the bill is not
without its shortcomings. The absence of a provision to protect workers
is extremely troublesome. Thousands of displaced workers are forced to
rely upon substantially reduced unemployment benefits without health
benefits. This is not the way a dedicated and reliable workforce should
be treated. I understand the fact that labor is the airline industry's
largest expense, and is contingent upon the number of airplanes and
customers in the air. However, I believe the federal government should
have adequately addressed the numerous layoffs within this legislation.
My disappointment over the lack of worker protections is countered by
a need to preserve the jobs we still have within the airline industry.
Allowing the complete decimation of this industry benefits no one. It
is my hope this bailout package assists the airline industry in a
manner that allows it to, someday, rehire the workers it was forced to
lay off. Nonetheless, my support for this legislation has not deterred
my desire to assist workers that are displaced because of this terrible
tragedy. The need to preserve the airline industry should not drown out
the need to preserve its workforce. I urge leadership in both parties
to address their needs in the same expedient fashion.
Mr. BENTSEN. Mr. Speaker, I rise today in strong support of the Air
Transportation System Stabilization Act, legislation that would provide
immediate financial assistance to our nation's airlines. As the
representative for William P. Hobby Airport, in Houston, Texas, and
many Continental Airline employees who have been adversely impacted by
last week's events, I strongly believe that we must assist our
airlines. Last week, the federal government in response to the
terrorist attacks, required that all airplanes be grounded for an
extended period. This unprecedented event has caused financial harm to
our airlines and we need to support them to ensure that they may
continue to operate. It is estimated that for every directly employed
airline employee, there are six ancillary jobs which are connected to
these jobs. Our economy and our transportation infrastructure depend
upon the airline industry to be operating at its full capacity.
This legislation would provide two forms of financial assistance,
including $5 billion in direct compensation to reimburse airlines for
the cost of grounding their planes last week this direct payment would
also help airlines to cover the cost of reduced trips and ridership
during the month of September. In order to protect taxpayer funds. This
direct compensation program requires that the Comptroller General of
the General Accounting Office (GAO) as well as the Secretary of
Transportation to audit financial statements to justify the loss
compensation payments.
Second, this bill would provide $10 billion in loan guarantees so the
airlines can have access to our capital markets. Earlier this week, we
learned that the capital markets have evaluated the risks and have
decided to decline to offer credit and capital to our airlines. This is
due in part to the recent terrorist attacks. By providing federal
government loan guarantees, we will help the airline industry to get
the liquidity it needs to rebuild ridership Our nation's transportation
is the envy of the world. However, with the intentional grounding of
planes, we have caused serious financial hardship for these companies.
I am pleased that the final package includes critically important
changes which will strengthen this loan guarantee program. First, this
legislation now requires that any loans or guarantees will be
determined and overseen by a board which would be made up of the
Chairman of the Federal Reserve, the Secretary of the Treasury and the
Secretary of Transportation as well as the Comptroller General. I
believe it is our fiduciary duty to ensure that these loans will be
made in a reasonable, fair manner and will not jeopardize taxpayer
funds. This Board will determine the terms and conditions under which
airlines can apply for these loans. In addition, borrowers from these
loans will be required to provide collateral where feasible in order to
ensure that there will be an incentive for airlines to repay the
federal government and taxpayers.
This comprehensive package also includes provisions to help the
airline industry with the immediate problem of cost-prohibitive
liability insurance. Since the terrorists attacks, many insurance
companies have either dramatically revised premiums or refused to renew
such necessary insurance. Without such insurance, the capital markets
have indicated that they will not provide liquidity to airlines, which
is a capital-intensive industry. This liability section would require
the federal government to cover the cost of liability insurance for 180
days after these attacks if carriers cannot obtain it. This section
does not preclude any claims which individuals may wish to bring
against the airline industry.
Another important provision in this legislation would require the
President to spend $3 billion on airline safety and security in order
to restore public confidence in the airline industry. This $3 billion
would come from the $40 billion that Congress has already provided to
the President in order to recover from this devastating attack. This
bill could have been more specific on security measures and we should
press hard that the Transportation Department provide new rules very
soon.
This bill would also establish a voluntary Victims Compensation fund
so that victims of terrorist-related attacks of September 11 could seek
compensation. This Fund would be administered by a Special Master
appointed by the Attorney General. Air carrier liability is capped at
the carriers' insurance company limit. Any additional liability would
be assumed by the federal government. The federal government will
provide compensation above this carrier liability. If victims elect to
use this compensation program, they would be required to provide that
they were damaged by these attacks. For victims who seek compensation
through lawsuits, they would also be required to prove that the
airlines were negligent and had caused them damage. However, I believe
it is important that families ultimately still have the right to seek
higher compensation through a legal case.
I agree with my colleagues that this bill is deficient in providing
necessary assistance to those airline employees who have been or will
be laid off as a result of the attack on America on September 11, 2001.
Such provisions addressing unemployment compensation, job retraining
and extended COBRA health benefits could have very easily been added to
this bill and I regret that they were not. We have received a
commitment from the leadership that a bill addressing these concerns
will be brought up next week and it should.
I strongly believe that now is the time to provide confidence in our
airport system. I urge my colleagues to support this legislation.
Mr. DELAHUNT. Mr. Speaker, I share the serious misgivings which
others have expressed about this legislation. But I intend to support
it--for two reasons. First, because I believe it is needed to preserve
the viability of an entire industry--an industry which is at risk of
collapse if we do not act now.
And second, because it will provide swift compensation to the victims
and their families. They deserve everything we can do for them. The
bill will give these families a way to obtain compensation without the
expense, uncertainty, and pain of protracted litigation.
My chief concern is that the bill fails to provide any relief for the
tens of thousands of airline workers who have been displaced as a
result of the events of September 11. These workers are the heart and
soul of the industry. It cannot function without them.
[[Page H5914]]
Were the need for this legislation any less acute, this issue alone
would have caused me to oppose the measure until it could be addressed.
But under the circumstances, I feel it would be even more unjust to
hold these victims hostage. Again.
We have been assured that this matter will be taken up separately. If
that promise is not kept we will bring shame on the House.
Finally, I want to express my appreciation to some people who get
precious little praise in this institution. I ask permission to insert
in the Record a letter to the Speaker from Mr. Leo Boyle, President of
the Association of Trial Lawyers of America, pledging that members of
his organization will provide free legal services to any family wishing
to participate in the compensation fund. This means that claimants will
be able to keep 100 percent of the proceeds.
This is just another example of the selflessness with which people
from every walk of life have come together in our common cause.
Association of Trial Lawyers of America,
September 21, 2001.
Hon. Dennis Hastert, Speaker
and Hon. Richard Gephardt, Democratic Leader
U.S. House of Representatives
Washington, DC.
Dear Mr. Speaker and Mr. Leader: The Association of Trial
Lawyers of America (ATLA) commends the United States Congress
and President Bush for their leadership and decision to put
families victimized by our national tragedy first and to ease
their pain by expediting appropriate relief to them through
the ``September 11th Compensation Act of 2001.''
ATLA agrees with you that extraordinary situations demand
extraordinary responses.
At least seven thousand families are hurting more than any
of us can imagine. And, because the first priority of every
American should be prompt and full justice for the thousands
of families who know first-hand the unspeakable horror
visited upon the world on September 11, 2001, members of ATLA
will provide free legal services to any family wishing to
pursue justice through the fund established by this
unprecedented, humanitarian legislation.
ATLA believes that 100 percent of the compensation from the
fund should go directly to these families.
The officers and Executive Committee of ATLA have
volunteered to be the first attorneys to provide legal
services free of charge under this program.
God Bless America.
Sincerely,
Leo V. Boyle, President
On behalf of the 60,000 men and women of ATLA
Mr. CONYERS. Mr. Speaker, I have a number of procedural and
substantive concerns regarding the legislation before us.
In short, there has been almost no semblance of fair or deliberate
procedure on the legislation. We had no committee markup. We had no
committee hearings on the bill. The bill itself was drafted in the dead
of night, and has not been available to most members until a few hours
before the vote. This is not the way we should legislate on a minor
piece of legislation, let alone a major bill that impacts our entire
airline industry.
If this issue is so important, why are we voting so late this Friday
evening, without time to review or consider these serious measures? Why
not take the time to read this legislation carefully? In our
desperation to help our fellow citizens, I fear we are pushing to
judgment without recognizing the complexity or importance of these
issues.
In terms of substance, I also have grave concerns about the dollar
amount we are giving to airline carriers, $15 billion--$5 billion in
direct aid and $10 billion in loan guarantees. First, we have no idea
how the Members reached this dollar amount.
Second, we all know that the industry has and will face massive
layoffs. More than 100,000 will be laid off in the industry, and
Northwest announced 10,000 today. Yet the bill does not guarantee that
a single employee will be rehired or will not be laid off.
Third, the bill does nothing to rehire the workers from the ancillary
impacted industries--the airport workers, the hotel workers and the
like. And what about the skycaps who work at substandard wages? The new
security requirements mean they are totally out of the jobs. What does
this bill do for them? Nothing.
I support the airline industry--but its needs must be balanced
against all of our other priorities. Certainly, the air carriers need
assistance but do they need it at the cost of medicare and social
security? As much as we think this legislation is needed, we must
balance it will all of our priorities, and not sacrifice all of our
priorities for the sake of one.
Finally, I would like to speak to the liability provisions of the
bill. As Ranking Member of the Judiciary Committee, I was intimately
involved in the crafting of Title IV, and I am happy to report that I
can support this aspect of the legislation.
The key provision creates a victim compensation plan, which provides
individuals, present during the September 11, 2001 terrorist-related
aircraft crashes at the World Trade Center, the Pentagon, or site of
the aircraft crash in Shanksville, Pennsylvania, or the passengers and
crews of aircrafts involved in terrorist-related aircraft crashes, with
due compensation. The legislation would provide compensation to any
individual who was physically injured or killed as a result of the
terrorist-related aircraft crashes of September 11, 2001. Specifically,
the legislation authorizes a Special Master, appointed by the Attorney
General, to review claims, within 120 days, submitted by claimants.
These claims would include notice of the death of the deceased or the
harms suffered by the claimant, where the claim is filed on the behalf
of a decedent, information of the claimants possible economic and
noneconomic loss, and information regarding collateral sources of
compensation the claimant has received or could receive. The submission
of this claim would allow the claimants and relatives of the deceased
to be compensated. By submitting a claim, the claimant waives the right
to file or be a party to a civil action for damages as a result of the
events on September 11, 2001. If an individual is a party to or has
filed a civil action, that action must be withdrawn 90 days after the
regulations regarding this Title are promulgated. 90 days after the
date of enactment, the Attorney General, in consultation with the
Special Master, will promulgate regulations to carry out this
compensation plan.
The Special Master may not include amounts for punitive damages in
any compensation packages. In addition, the Special Master will not
consider negligence or any other theory of liability. Only one claim
may be filed and no claim may be filed two years after the date of
enactment. Twenty days after the Special Master makes a determination
of the amount of compensation due, the payment is authorized.
Finally, Section 409(b) of the legislation creates a Federal cause of
action for damages arising out of the hijacking and subsequent crashes
of September 11, 2001. Thus, individuals who elect not to be part of
the victim compensation plan under this legislation have recourse of
this Federal cause of action to claim damages. Of course, the
availability of this new Federal action. This in no way supersedes
recourse to the victim compensation fund, if the claimant so elects.
To help in the effort of aiding victims in receiving compensation,
the Association of Trial Lawyers of America, has volunteered to provide
legal services of its members, free of charge, under this program. I am
attaching a copy of the letter to my statement. I commend the
association for their extraordinary response to this extraordinary
situation.
Mr. KIND. Mr. Speaker, I rise in support of this legislation.
In this time of crisis, it is essential that our nation maintain a
strong economy for the upcoming challenges we will inevitably face.
Having a viable, healthy airline industry is an essential component of
a strong American economy.
There are, however, certain flaws in this bill. For instance, there
is no language providing for the many thousands of airlines employees
and their families that have been laid off. In addition, the provisions
allowing for CEO compensation are questionable. How these currently
unemployed workers receive nothing in this bill while CEO's are
specifically allowed continued compensation based on the previous year
is unacceptable. That is not my idea of shared sacrifice to get us
through this difficult period. I look forward to debating legislation
that provides relief to the airline workers in the upcoming weeks
ahead.
Further, there are no specific provisions addressing air
transportation safety concerns, that would bolster passenger
confidence, and revitalize the industry.
My support for this bill is based on my understanding that an
agreement between Minority Leader Gephardt and Speaker Hastert has been
made, ensuring Congress will address these important issues in the near
future. These issues must be addressed and based on the Speaker's word,
will be addressed.
Therefore, for the purposes of bipartisan unity, and based on the
promise of future action on issues that will help those most hurt by
this tragedy, I will support the legislation for the benefit of our
Nation.
Mr. PORTMAN. Mr. Speaker, I rise in strong support for this
legislation to preserve the viability of our nation's airlines needed
as a direct result of the September 11, 2001 terrorist attacks on the
United States.
The U.S. commercial airline transportation system is vital to our
economy and our national security. The industry is an essential
component of tourism, business transportation, and freight and mail
delivery that contributes either directly or indirectly to more than 1
percent of the U.S. Gross Domestic Product. Furthermore, the primary
aircraft and engine manufacturers for U.S. air carriers are also major
[[Page H5915]]
U.S. defense contractors. Many of these suppliers would probably become
insolvent if the airline industry goes bankrupt.
Delta Airlines operates its second largest hub in the Greater
Cincinnati area and Continental Airlines has a hub in Cleveland, so the
people of Ohio have a major stake in seeing that these airlines
continue to survive. Loss of these hubs would be financially
devastating to the state of Ohio and our entire region.
Without the assistance provided in this legislation, many airlines
are in danger of bankruptcy in the very near future. Nobody wins in
this situation. Not the airlines, not their employees, and certainly
not the American public. I urge passage of this important legislation.
Thank you.
Mr. STARK. Mr. Speaker, I had hoped that the bipartisan, level-headed
leadership that charted our legislative agenda last week would continue
to prevail this week. The commercial airline industry is asking
American taxpayers for a $20 billion bailout. I don't want to see the
airline industry dissolve, and I don't want to see thousands of hard-
working Americans lose their jobs. But the bill before us today
provides a bailout for corporations and their highly compensated
executive officers that would have faced insolvency despite the current
crisis. Furthermore, the bill does very little for the thousands of
employees who are about to lose their jobs over this crisis. It is
unconscionable to provide a bailout for the airline industry without
simultaneously addressing the more pressing needs of U.S. airline
workers.
The package does not include health insurance benefits or job
retraining assistance for workers who have been laid off as a result of
the loss. With this bill, Congress writes a fat check to the airline
industry without any protections for airline workers. I am particularly
concerned that we have done nothing to ensure that these workers' and
their families' health needs will be met during this difficult time. On
top of losing their jobs, their income and their livelihood, these hard
working Americans are in danger of losing their health benefits and
joining the already-massive ranks of the uninsured.
Fifteen years ago we passed a bill that enabled displaced workers to
retain their health insurance for a limited time while they look for
other work. But there's a catch--employers may charge employees the
full premium, plus an additional 2 percent. Laid-off airline workers
thus face a Hobson's choice between making ends meet and protecting
their families against the risks of high healthcare bills. This
legislation does nothing to save them from having to make that awful
choice. At a minimum, we should ensure that part of this generous gift
to the industry go toward guaranteeing these workers and their families
continued health insurance coverage. I wish that my colleagues would
develop the kind of compassion for working people that they have for
corporations.
The Joint Economic Committee reports that the airline industry has
lost $1 billion since this national crisis began. Yet, Congress plans
to give the industry $5 billion to cover the incremental losses. This
is an extra $4 billion in taxpayer funds that don't need to be repaid
and that don't cover losses from last Tuesday's catastrophe. We must
also hold airlines accountable for any mismanagement they engaged in
prior to these attacks. The bill before us does not ensure U.S.
taxpayers that this is the case. Instead, it allows the General
Accounting Office to look at the funding allocation after Congress has
already given them $20 billion. It will take a subsequent act of
Congress to recover any overpayments to the airline industry. We must
act responsibly now. We must hold the airlines accountable for their
own shortcomings. More importantly, however, we must address the needs
of airline employees first. These employees provide the foundation of
the airline industry and must be taken into consideration before any
CEO walks away with more than his fair share.
Vote no on the Air Transportation System Stabilization Act.
Mrs. CHRISTENSEN. Mr. Speaker, I rise in support of the Air
Transportation System Stabilization Act. While it doesn't include
everything I would have liked to have included in the bill, I
nonetheless support its passage because I strongly agree that without
immediate government financial support, many U.S. airlines will go
bankrupt as a result of the September 11th attack.
As someone who represents a district, which is singularly dependent
upon tourism to fuel our local economy, the lack of airline service has
been devastating to us. As of September 18, 2001, after four days of
virtually no check-ins and a severe drop in hotel room occupancy
because of last week's terrorist attacks, layoffs and dramatic cutbacks
have already hit hotels in the Virgin Islands.
I believe Mr. Speaker that if we assist the airlines and keep the
planes flying much of our economy will recover. We cannot afford to do
otherwise or we will all suffer even more.
As a member of the steering committee of the Travel and Tourism
Caucus, I am particularly aware of the importance of the airline
industry to tourism and to our overall economy. Like it or not, air
transportation is the engine that drives our nation's economy and it is
especially important if our nation is to return to work and to
normalcy. The staggering losses on Wall Street we saw this week
illustrates the need for us to act and to act now.
We must also help those workers that will be and have been displaced
because of last week's attack. In the coming days, this body must pass
legislation to provide additional unemployment compensation to laid-off
workers and to extend their health insurance coverage. The leadership
in both the House and the Senate has pledged to address this issue very
soon and I intend to do all I can to hold them to their word.
If we are to get the public flying again, however, we must address
the security at our airports.
I call upon the President to call out the National Guard and the
Reserve to have them man security at our airports until such time that
we can enact legislation to create a federal airport security force to,
as much as is possible, guarantee the safety of the flying public.
Is this a perfect bill? No it is not. Should we be assisting laid-off
workers and other segments of our economy such as the hotel industry?
Yes we most certainly should. But it is necessary that we act on this
bill now, if we are to prevent a critical component of our economy from
going out of business. Without the airlines flying there will be no
guest to fill the hotels on St. Thomas and St. Croix nor cruise ship
passengers to buy the gifts and products in our shops. Lets pass this
bill and then also pass legislation to take care of our workers and
provide for the safety of all passengers.
Mr. YOUNG of Alaska. Mr. Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore (Mr. Thornberry). All time for debate has
expired.
Pursuant to House Resolution 244, the bill is considered read for
amendment, and the previous question is ordered.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
motion to recommit offered by mr. defazio
Mr. DeFAZIO. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. DeFAZIO. I am in its present form, Mr. Speaker.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. DeFAZIO moves to recommit the bill H.R. 2926 to the
Committee on Transportation and Infrastructure with
instructions to report the same back to the House forthwith
with the following amendments:
Redesignate sections 106 and 107 of the bill as sections
107 and 108, respectively.
After section 106 of the bill, insert the following new
section:
SEC. 107. REQUIREMENT TO COVER CERTAIN EMPLOYEE HEALTH
INSURANCE COSTS.
(a) In General.--The President may only provide financial
assistance under this title to an air carrier after the air
carrier enters into a legally binding agreement with the
President that the air carrier agrees to pay, from any
financial assistance received under this title, 100 percent
of the costs attributable to providing health insurance
coverage for each eligible employee of the air carrier during
the 18-month period beginning upon the separation of such
employee referred to in subsection (b).
(b) Eligible Employee.--For purposes of this section, the
term ``eligible employee'' means, with respect to an air
carrier, an employee of the carrier who, during the 2-year
period beginning September 11, 2001, and ending September 11,
2003, becomes involuntarily separated (except for cause) from
employment with such air carrier.
At the end of the bill, add the following new title:
TITLE VII--SCREENING OF PASSENGERS AND PROPERTY
SEC. 501. SCREENING OF AIR PASSENGERS AND PROPERTY BY FAA.
Section 44901 of title 49, United States Code, is amended--
(1) in the second sentence of subsection (a) by striking
``The'' and inserting ``Subject to subsection (d), the''; and
(2) by adding at the end the following:
``(d) Screening To Be Conducted by FAA Employees.--As soon
as practicable after the date of enactment of this
subsection, the screening of passengers and property under
subsection (a) shall be carried out by employees of the
Federal Aviation Administration. The Administrator may
prioritize the undertaking of screening responsibilities
under this section with respect to an airport based on the
Administrator's assessment of the security threat to the
airport.''.
Mr. YOUNG of Alaska (during the reading). Mr. Speaker, I ask
unanimous
[[Page H5916]]
consent that the motion to recommit be considered as read and printed
in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Alaska?
Mr. DOGGETT. Mr. Speaker, I object.
The SPEAKER pro tempore. Objection is heard. The Clerk will continue
to read.
The Clerk concluded the reading of the motion to recommit.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Oregon (Mr. DeFazio) is recognized for 5 minutes in support of his
motion to recommit.
Mr. DeFAZIO. Mr. Speaker, I yield myself 1 minute and 15 seconds.
This does two simple things. I know we are going to hear, ``The
Senate didn't include this. We can't do it.''
We can do it. We are the United States House of Representatives. We
are the House of the people. We can add these simple provisions, these
necessary provisions to this bill and the Senate, when they come back
to town on Monday, can add them and we still beat the deadline the
airlines have said they have of Wednesday.
It does two things: One, it says any airline that takes billions, or
hundreds of millions, of dollars under this bill will have to carry the
health insurance of employees they lay off for 18 months. I do not
think that is too much to ask. That is the first provision.
The second provision says, and the airline CEOs who seem to be
getting a lot here tonight agree with this, they said in committee they
think screening should be federalized immediately; they just do not
want to pay for it. I remove the provision that paid for it, so we
would just in this bill federalize the screening, as the airline CEOs,
the security experts, the FAA, all the experts say we need to do to get
control. Knives were taken through by a BATF agent in Miami this week,
this week, were smuggled through. The screening is still not working.
We need Federal control.
Mr. Speaker, I yield 45 seconds to the gentleman from California (Mr.
George Miller).
Mr. GEORGE MILLER of California. I thank the gentleman for yielding
time.
Mr. Speaker, this motion to recommit does two things: It deals with
the health security of those workers who have been laid off, who are
traumatized by the collateral damage through the horror we have
witnessed. Secondly, it deals with what the American public wants us to
deal. They are not flying those planes to Las Vegas, Florida,
Minneapolis or anyplace else because they do not believe they are safe.
They want this system federalized. They have had enough of the people
sleeping at the security machines. They have had enough of people
sneaking by them. They have had enough of the Federal agents going by
the system all of the time. They want it federalized, they want law
enforcement officials there, and we ought to direct the FAA tonight to
do it. Then we will start to see people get back on the airplanes.
We can talk about it. We can have commissions. We can have studies.
This Congress ought to direct the FAA to do this, to federalize this
air safety system in this country. Then people will fly again.
Mr. DeFAZIO. Mr. Speaker, I yield 45 seconds to the gentleman from
Washington (Mr. Inslee).
Mr. INSLEE. Mr. Speaker, I have tremendous respect for Speaker
Hastert whom I believe has done a great job showing a unified stand to
the world in the last week. But I represent 20 to 30,000 Boeing
employees. The one thing I can tell them is you just cannot ask them to
eat good intentions. We cannot be sure that we are going to get
anything out of this House except this vote tonight.
To my friends on this side of the aisle, let me suggest to you this
to think about when you vote for this motion. Sure, we may see some
package that addresses workers' rights. But I have not heard anything
from my friends across the aisle that say it is not going to be
attached to some poison pill. We need to show respect for the people
who need help tonight. Support this motion.
Mr. DeFAZIO. Mr. Speaker, I yield 45 seconds to the gentleman from
Texas (Mr. Doggett).
Mr. DOGGETT. Let us face it, folks, this bill without the motion to
recommit leaves the whole question of security for the traveling public
in a holding pattern. It is time to get it out of the holding pattern
and bring it down to Earth. Because when you ask the American people
tonight what their concerns are, it is, is it safe? Is it secure? Will
somebody else be sneaking by the minimum wage employees that are out at
the airport something that is unsafe?
This is the first measure considered on this floor that does
something to address that concern. It will not hold this bill up a bit.
Let us approve it and answer the basic concern of the American people.
Flying is safe, it can be safe, if we are assured we have the security
there and it is not somebody who is concerned with our most basic
security who could not get a job somewhere else.
Mr. DeFAZIO. Mr. Speaker, I yield 45 seconds to the gentlewoman from
Ohio (Mrs. Jones).
Mrs. JONES of Ohio. Mr. Speaker, I thank the gentleman for yielding
time. In fact, we are talking about security for the people who ride on
the planes and security as well for the workers who have been working
for the airline industry for the past years. It is not much to ask to
provide them some health care for 18 months. We have given the industry
dollars, or we are giving the industry dollars to continue. It is not a
lot to ask for security for the fliers and riders on the airplanes who
are entrusting their lives and their families to the airline industry.
I ask my colleagues to vote with us on this motion to recommit. I ask
them to vote for health care insurance for the workers. Vote for
security for the fliers. Put it in the hands of the FAA.
{time} 2230
Mr. DeFAZIO. Mr. Speaker, I yield 45 seconds to the gentleman from
Washington (Mr. McDermott).
Mr. McDERMOTT. Mr. Speaker, Las Vegas is offering flights for $1 to
come to Las Vegas, and nobody is taking them. Now, even the gamblers
know that the planes are not safe; and we ought to do something, as we
are doing with this motion to recommit. But, more important than that,
imagine what you would be like if you had a $15,000 or a $20,000 or
$30,000 job and you suddenly lost your health insurance, and you had a
kid who had some problems, or you had cancer, or you had a husband or
wife who had some problems, and you had no way in your unemployment
insurance to pay for your COBRA.
When I left the State Department to run for Congress, I had to pick
up my own under COBRA. Suddenly you have health insurance benefits and
they cost $750 a month. You cannot do that on unemployment.
Vote for the resolution.
The SPEAKER pro tempore (Mr. Thornberry). The time of the gentleman
from Oregon (Mr. DeFazio) has expired.
Does the gentleman from Alaska (Mr. Young) rise in opposition to the
motion to recommit?
Mr. YOUNG of Alaska. Absolutely, Mr. Speaker.
The SPEAKER pro tempore. The gentleman from Alaska is recognized for
5 minutes.
Mr. YOUNG of Alaska. Mr. Speaker, I yield 15 seconds to the gentleman
from Pennsylvania (Mr. Weldon).
Mr. WELDON of Pennsylvania. Mr. Speaker, I thank the gentleman for
yielding me time.
Mr. Speaker, we have just witnessed a very difficult, trying time in
Washington. I know we cannot speak to the gallery, but tonight I hope
our colleagues will join with me in recognizing one of our Urban Search
and Rescue Teams from New Mexico, who are here observing our
proceedings, for the great job they did at the Pentagon this past week.
Mr. YOUNG of Alaska. Mr. Speaker, I yield 3 minutes to my good
friend, the gentleman from California (Mr. Hunter), the chairman of the
Committee on Ways and Means.
Mr. THOMAS. Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, first of all, this motion to recommit does have
consequences. The unanimous consent under which the Senate took up the
bill said that they would vote on the House bill if the
[[Page H5917]]
House bill was identical to the Senate bill. The Senate has finished
its deliberations under the assumption that the House bill will be
identical to the Senate bill. This motion to recommit will negate the
unanimous consent agreement.
I find it ironic that less than 24 hours after the President of the
United States came here in a joint session and said this was a battle
of freedom versus fear, that what I just heard from a number of Members
on the other side in arguing for this measure was fear.
I also find it ironic that a number of Members are upset that we are
prolonging this debate because they want to catch planes to go home,
and they are catching those planes because they believe they are safe,
and they are going to fly, and they are going to fly back here for the
next session, just as other people should. If, in fact, the attempt to
pass this motion to recommit is based upon fear, they are wrong; and
this motion should be defeated.
Secondly, the gentleman from Washington has made an urgent appeal
that there are a number of people who are being laid off from Boeing
and they should be taken care of in terms of their health care. This
motion to recommit does not apply to a single Boeing employee. It
refers very narrowly to any airline that takes a loan.
I have to tell the gentleman from Washington and the gentleman from
Oregon that we are working today to make sure that not just the airline
employees who have suffered and are being laid off, but every American
who is laid off, should have the ability to get assistance on their
health insurance needs if they are laid off.
The way you do that is to go back to the bipartisan legislation that
we passed in 1996 called HIPA, which provided a window of opportunity
for employees who are laid off to attach themselves to their former
employer's insurance. It is true that under current law they have to
pay the full cost of that, and what we are going to do is mitigate that
cost, not just for the airline employees, not just reaching out beyond
this narrow motion to recommit, but to the gentleman from Washington's
Boeing employees, but, beyond that, anyone else in the secondary
industry or other aspects that get laid off. That is the least we
should do. It is not in this bill, but we are going to do it.
Just let me say, Mr. Speaker, that this bill is not perfect. There
are a number of flaws in it, and we are going to have to deal with
amendments as they come down the pike. But putting this motion to
recommit in this bill makes it a fatal flaw; one, in terms of the
Senate's unanimous consent agreement, but, secondly, why in the world
are airline employees who are out of a job of any higher value than any
other American who loses their job because of the consequences that we
face?
Let us deal with this on a broad-based basis, and not on this motion
to recommit.
Mr. YOUNG of Alaska. Mr. Speaker, I yield the balance of my time to
the gentleman from Florida (Mr. Mica), the chairman of the Subcommittee
on Aviation.
The SPEAKER pro tempore. The gentleman from Florida is recognized for
2 minutes.
Mr. MICA. Mr. Speaker, tonight we have to deal with facts. The
provision in this bill of screening of passengers and properties is a
smoke screen. This does not address the problem. Turning this
responsibility over to somewhere between 18,000 and 27,000 new Federal
aviation employees is not the answer, I can assure you.
What happened on September 11, we had turned over the responsibility
to the Federal Aviation Administration. They did not have in place a
rule or regulation or directive that stopped box-cutting knives or
small knives to be on board airplanes.
Do not make a scapegoat out of the screeners. The screening process
has been in limbo since we passed, in 1996, legislation directing FAA
who they want to turn this over to, to get a rule out. It has taken 6
years, and today we still do not have a rule out for the certification
of screeners; and that is who they want to turn this responsibility
over to.
The airlines, yes, they want to give up this responsibility, but they
testified yesterday that they would continue to pay for that. They do
not want the responsibility; but, yes, they will pay for it. So that is
a bogus argument.
We are working on legislation. We are trying to craft legislation
that will make the right decision, not knee-jerk decision, spending
billions, like they did after the TWA 800 crash when they spent
billions. And we heard testimony of equipment ordered by the Congress
that is sitting in warehouses not doing the job. Do not make the same
mistake. Defeat the motion to recommit.
The SPEAKER pro tempore. All time for debate on the motion to
recommit has expired.
Without objection, the previous question is ordered on the motion to
recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. DeFAZIO. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of final passage of the bill.
The vote was taken by electronic device, and there were--yeas 174,
nays 239, not voting 17, as follows:
[Roll No. 347]
YEAS--174
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldacci
Baldwin
Barcia
Barrett
Becerra
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Clay
Clayton
Clement
Clyburn
Condit
Costello
Coyne
Crowley
Cummings
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank
Gephardt
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Harman
Hastings (FL)
Hilliard
Hinchey
Hinojosa
Hoeffel
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jones (OH)
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind (WI)
Kleczka
Kucinich
LaFalce
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Luther
Maloney (CT)
Maloney (NY)
Markey
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Mink
Mollohan
Moran (VA)
Nadler
Napolitano
Neal
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Rothman
Roybal-Allard
Rush
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Scott
Serrano
Sherman
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Udall (CO)
Udall (NM)
Velazquez
Visclosky
Waters
Watson (CA)
Watt (NC)
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NAYS--239
Aderholt
Akin
Armey
Bachus
Baker
Ballenger
Barr
Bartlett
Barton
Bass
Bentsen
Berkley
Berry
Biggert
Bilirakis
Blunt
Boehlert
Boehner
Bonilla
Bono
Boswell
Brady (TX)
Brown (SC)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Carson (OK)
Castle
Chabot
Chambliss
Coble
Collins
Combest
Cooksey
Cramer
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Davis, Tom
Deal
DeLay
DeMint
Diaz-Balart
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ferguson
Flake
Fletcher
Foley
Forbes
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gilman
Goode
Goodlatte
Goss
Graham
Granger
Graves
Green (WI)
Greenwood
Grucci
Gutknecht
Hall (TX)
Hansen
Hart
Hastings (WA)
Hayes
Hayworth
Herger
Hill
Hilleary
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hunter
Hyde
Isakson
Istook
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Kanjorski
Keller
Kelly
Kennedy (MN)
Kerns
King (NY)
Kingston
Kirk
Knollenberg
Kolbe
[[Page H5918]]
LaHood
Largent
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
LoBiondo
Lucas (KY)
Lucas (OK)
Manzullo
Matheson
McCrery
McHugh
McInnis
McKeon
Meek (FL)
Mica
Miller (FL)
Miller, Gary
Moore
Moran (KS)
Morella
Murtha
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Osborne
Ose
Otter
Oxley
Paul
Pence
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Portman
Putnam
Quinn
Radanovich
Ramstad
Regula
Rehberg
Reynolds
Riley
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Roukema
Royce
Ryan (WI)
Ryun (KS)
Sabo
Saxton
Schiff
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Stenholm
Stump
Sununu
Sweeney
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Tiberi
Toomey
Traficant
Turner
Upton
Vitter
Walden
Walsh
Wamp
Watkins (OK)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
NOT VOTING--17
Bereuter
Berman
Carson (IN)
Conyers
Cox
Deutsch
Dingell
Fossella
Gillmor
Hefley
Hobson
Holden
Issa
Linder
Pryce (OH)
Schaffer
Towns
{time} 2257
Mrs. JOHNSON of Connecticut, Mr. DELAY, Mr. CRAMER, and Mrs. NORTHUP
changed their vote from ``yea'' to ``nay.''
Mr. ORTIZ and Mr. VISCLOSKY changed their vote from ``nay'' to
``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. Thornberry). The question is on the
passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. YOUNG of Alaska. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 356,
nays 54, answered ``present'' 2, not voting 18, as follows:
[Roll No. 348]
YEAS--356
Abercrombie
Ackerman
Aderholt
Akin
Allen
Andrews
Armey
Baca
Bachus
Baird
Baker
Baldacci
Ballenger
Barcia
Barr
Barrett
Bartlett
Barton
Bass
Bentsen
Berkley
Berry
Biggert
Bilirakis
Bishop
Blagojevich
Blunt
Boehlert
Boehner
Bonilla
Bono
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (SC)
Bryant
Burr
Burton
Callahan
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Carson (OK)
Castle
Chabot
Chambliss
Clay
Clement
Coble
Collins
Combest
Cooksey
Cramer
Crane
Crenshaw
Crowley
Cubin
Culberson
Cummings
Cunningham
Davis (CA)
Davis (FL)
Davis, Jo Ann
Davis, Tom
Deal
Delahunt
DeLauro
DeLay
DeMint
Diaz-Balart
Dicks
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Ferguson
Fletcher
Foley
Forbes
Ford
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gephardt
Gibbons
Gilchrest
Gilman
Gonzalez
Goodlatte
Gordon
Goss
Graham
Granger
Graves
Green (TX)
Green (WI)
Greenwood
Grucci
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Harman
Hart
Hastings (WA)
Hayes
Hayworth
Herger
Hill
Hilleary
Hinojosa
Hoeffel
Hoekstra
Honda
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hyde
Isakson
Israel
Istook
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Kanjorski
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kerns
Kildee
Kind (WI)
King (NY)
Kingston
Kirk
Kleczka
Knollenberg
Kolbe
LaHood
Lampson
Langevin
Largent
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (GA)
Lewis (KY)
LoBiondo
Lofgren
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Mascara
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McGovern
McHugh
McInnis
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Mica
Millender-McDonald
Miller (FL)
Miller, Gary
Mink
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Olver
Ortiz
Osborne
Ose
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pelosi
Pence
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Platts
Pombo
Pomeroy
Portman
Price (NC)
Putnam
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reyes
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roukema
Roybal-Allard
Royce
Ryan (WI)
Ryun (KS)
Sabo
Sanchez
Sandlin
Sawyer
Saxton
Schiff
Schrock
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simmons
Simpson
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Snyder
Souder
Spratt
Stearns
Stenholm
Stump
Sununu
Sweeney
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thornberry
Thune
Thurman
Tiahrt
Tiberi
Toomey
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Vitter
Walden
Walsh
Wamp
Waters
Watkins (OK)
Watson (CA)
Watt (NC)
Watts (OK)
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Whitfield
Wicker
Wilson
Wolf
Wu
Wynn
Young (AK)
Young (FL)
NAYS--54
Baldwin
Becerra
Blumenauer
Bonior
Brown (FL)
Brown (OH)
Clayton
Clyburn
Condit
Costello
Coyne
Davis (IL)
DeFazio
Doggett
Filner
Flake
Frank
Goode
Hastings (FL)
Hilliard
Hinchey
Holt
Inslee
Jackson (IL)
Jones (OH)
Kilpatrick
Kucinich
LaFalce
Lantos
Lewis (CA)
Lipinski
Markey
McDermott
Miller, George
Obey
Otter
Paul
Peterson (MN)
Rush
Sanders
Schakowsky
Scott
Sensenbrenner
Smith (WA)
Solis
Stark
Strickland
Stupak
Tancredo
Thompson (MS)
Tierney
Visclosky
Waxman
Woolsey
ANSWERED ``PRESENT''--2
DeGette
Kaptur
NOT VOTING--18
Bereuter
Berman
Buyer
Carson (IN)
Conyers
Cox
Deutsch
Dingell
Fossella
Gillmor
Hefley
Hobson
Holden
Issa
Linder
Pryce (OH)
Schaffer
Towns
{time} 2306
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. BUYER. Mr. Speaker, on rollcall number 348, the vote we just had,
I inserted my card, pushed ``yea'' and left the Chamber only to learn
from a colleague that I had not voted. I believed that I had voted. I
came back in, and the record was closed. I would like for the record to
indicate that I would have voted ``yea'' on rollcall number 348. I was
present.
____________________