[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
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     Castle
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     Doyle
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     Young (AK)
     Young (FL)

                                NAYS--54

     Baldwin
     Becerra
     Blumenauer
     Bonior
     Brown (FL)
     Brown (OH)
     Clayton
     Clyburn
     Condit
     Costello
     Coyne
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     Frank
     Goode
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     Hilliard
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     Inslee
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     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.

                          ____________________