[Congressional Record Volume 147, Number 131 (Wednesday, October 3, 2001)]
[Senate]
[Pages S10126-S10128]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   UNANIMOUS CONSENT REQUEST--S. 1447

  Mr. DASCHLE. Mr. President, I have been in consultation with the 
distinguished Republican leader. I appreciate the advice we have been 
given on all sides with regard to how to proceed on the airport 
security bill. I don't know that we have reached a consensus, but I do 
think it is important for us to procedurally move forward with an 
expectation that at some point we are going to reach a consensus.
  At this point, I ask unanimous consent that the Senate now proceed to 
consideration of S. 1447, the aviation security bill.
  The PRESIDING OFFICER. Is there objection?
  Mr. LOTT. Reserving the right to object, first let me say to our 
colleagues, Senator Daschle and I have been talking about this issue, 
along with antiterrorism, off and on for the last week or 10 days. We 
are committed to dealing with those two important issues as soon as is 
humanly possible because we believe, I believe, strongly that aviation 
security needs to be addressed. The administration has a lot of things 
it can do and is doing. Secretary Mineta has outlined things he is 
proposing to do in terms of sky marshals and strengthening the cockpits 
and a number of areas where they can move forward without additional 
legislative authority. Some of the things that need to be done will 
require additional legislative action.
  This is one of the two highest priority matters we need to address 
that would be positive for the American public to feel more secure in 
flying, get flying back up to where it should be. Along with 
antiterrorism, which will allow us to have additional authority for our 
law enforcement people and intelligence to address this threat, it is 
the highest possible priority.

  I agree with Senator Daschle that we should find a way to consider 
aviation security, but there are two or three problems. I am going to 
be constrained to have to object because there are two or three 
objections on this side that come from a variety of standpoints at this 
time.
  There is some concern that it did not go through the Commerce 
Committee for the traditional markup so that other good ideas could be 
offered, but they could, of course, be offered when the bill is 
considered. And there are some concerns about the federalization of the 
screening, the bifurcated arrangement between urban hubs and nonurban 
hubs. Those that are nonurban hubs want to make sure they will not be 
given second-class service in that area.
  There is also a concern about what may be added to this bill from any 
number of very brilliant Senators, very good ideas that are not 
relevant at all to this issue.

[[Page S10127]]

  Some of them could relate to energy, about which I feel very 
strongly. Some of them could relate to Amtrak, about which I also feel 
very strongly. But this is about aviation security. We should have an 
understanding about how we deal with the displaced workers issue, how 
do we deal with the Amtrak security issue, and other issues. If we do 
that, this very important issue will begin to sink of its own weight.
  We have, over the past 3 weeks, done good work in a nonpartisan, 
bipartisan way. But we addressed the issues that needed to be 
addressed, maybe not perfectly but we took action. I believe the 
American people have appreciated that.
  We should continue to find a way to make that happen. We are not 
ready for consent right now, partially because Secretary Mineta will be 
here in 20 minutes to meet with Senator Hollings, Senator McCain, 
Senator Hutchison, Senator Rockefeller, and others, to talk about some 
specific recommendations the administration would like to make. I also 
understand that there will be a specific recommendation as to how to 
proceed on the dislocated workers or the employees issue that perhaps 
will be discussed with Senator Daschle and me and others within a short 
period of time.
  So I think all of these are very important. But for now, unless we 
could get an agreement that we would limit this to relevant amendments, 
which would knock out a number of these side issues that are floating 
around, then we would have to object at this time.
  I understand that Senator Daschle will then be inclined to file a 
motion to proceed, and that would require a vote on the motion to 
proceed--we will have to talk through exactly what is required--either 
on Friday or next Tuesday. In the interim, I hope we will work, as we 
have in the past, to find a way to get a focus and to get aviation 
security addressed.
  I know Senator Hollings wants to do that. He doesn't want nonrelevant 
amendments. He is willing to work with Senators on both sides to make 
that happen. I know Senator McCain is very intent on getting a focused 
aviation security bill. I believe we can make it happen, but we need a 
little bit more time to pursue understandings of how that would happen.
  Let me inquire of Senator Daschle. I presume at this time that the 
Senator would not be prepared to agree to limit this to only relevant 
amendments. Is that correct?
  Mr. DASCHLE. Mr. President, if I may respond to the Republican 
leader, first, I agree with virtually all he has said. There is an 
urgency to the airport security bill that dictates that we come to the 
floor this afternoon. I know Senator Hollings, Senator McCain, and 
others have spent a good deal of time working in concert with experts 
and with others to reach the point that they have in bringing this bill 
to the floor right now. Earlier today, I made the announcement that we 
were going to take up airport security first and counterterrorism 
second, and that my hope was that we could take up counterterrorism as 
early as Tuesday. That may not now be the case.
  I don't know that there are two more urgent pieces of legislation 
than these two bills that are virtually ready to go. Obviously, that 
doesn't mean because these two bills are urgent, that there is no other 
urgent matter related to the tragedy that has to be addressed. The 
question is, How many vehicles do you have, given the very serious 
limitation on time? Senator Lott and I have spent a lot of hours, 
working late into the night trying to pre-conference some of this. But 
a lot of our colleagues, understandably, say, ``What about us? We want 
to participate. We have amendments that are good ideas that we would 
like to offer.''
  So acknowledging that some of these matters cannot be pre-
conferenced, our only option is to come to the floor. Then our only 
option is to hear out other ideas, as Senator Lott suggested. Some are 
directly relevant to airport security, and some have to do with the 
tragedies that millions of Americans are facing in that they no longer 
have a job, they no longer have health insurance, they no longer have 
the ability to cope any more than the airlines had an ability to cope a 
week ago. So there is an urgency to addressing their crises as well.
  One Senator on the floor just now noted that we are probably a 
stone's throw away from a railroad tunnel that could be every bit as 
much in jeopardy and in danger as any airport today. There is an 
urgency to railroad security that we have to address. The question is, 
Do we have to take up each one of these bills separately and address 
them individually or can we do what the Senate has always done as we 
look at issues, which is address them in the most collective way, 
asking for people to be disciplined, cooperative, and to understand the 
urgency and to understand that this is a different day? We are in a 
crisis situation. I am as much for ensuring that everybody has an 
opportunity to be heard as is possible. But we need to recognize that 
the whole country is watching, the whole country is expecting us to 
respond, as we have so far.

  So I am disappointed, frankly, that we are not able to get agreement 
to go to this bill and debate issues that are of import to the country, 
not just to any particular Republican or Democrat. So we will file 
cloture and recognize that there will be another time when these bills 
and amendments are going to be considered. I hope that in working as 
Senator Lott and I have, together with all of the cooperation we have 
been given these last 3 weeks, we can work through these difficult 
questions. I am still confident that we can, even though we may have 
hit a temporary snag.
  Mr. LOTT. Mr. President, if I might respond, and then I will yield 
because I know the chairman and ranking member want to comment, too, I 
think what Senator Daschle is saying is that he would not be able to 
agree to limit it only to relevant amendments now. But there is another 
option here, and that is for us as Senators to focus on aviation 
security and not put all of our very best ideas on this particular 
bill. If we could do that, we could complete this legislation tomorrow. 
We would have aviation security done tomorrow. Senator Hollings and 
Senator McCain would be happy. I would like to have a different 
approach to screening, but I am prepared to debate and vote on that.
  If it goes beyond that, the option for ideas--good ideas--and 
alternatives and unrelated and nonrelevant amendments, it could go on 
and on. I think maybe we can get this worked out this afternoon. If we 
do not, it guarantees that instead of being on the counterterrorism 
legislation on Tuesday, we will be on this, and counterterrorism will 
be shoved off another day or 2 or 3. That is not disastrous because we 
want to make sure we do them both right, but for the sake of getting 
this done, I plead to my colleagues on both sides of the aisle, let's 
find a way to agree to do aviation security and to do these other 
issues that are also important.
  Regarding Amtrak, everybody in this Chamber probably knows--and 
Senator McCain knows it and doesn't like it--I have been a big 
supporter of Amtrak. I am interested in making sure that it is safe and 
secure and that we have a viable Amtrak system, but we should not do it 
on this bill.
  So I have to object at this time to the unanimous consent request. I 
understand Senator Daschle will be prepared to offer a motion to 
proceed and file cloture on that.
  Mr. DASCHLE. Mr. President, before I file the cloture motion, let me 
yield to the distinguished Senator from South Carolina first, and to 
the Senator from Arizona second.
  Mr. HOLLINGS. I thank the leader. The leaders, in all candor, have 
worked around the clock to get the disparate interests on this issue 
together so that we can decide on what we can agree upon rather than 
what we disagree upon. In that light, let me thank the majority and the 
minority leaders for their perseverance in helping us get this bill up.
  It is fair to say I am as interested in this issue as the previous 
speakers. We have been working very hard on this issue. We just had a 
Commerce subcommittee hearing on rail and maritime security all day 
long yesterday. We are ready to go with the airline security bill. But 
there are some differences of views; similarly, with respect to the 
economic stimulus, and also with respect to the unemployment benefits 
bill. In fact, you can bring this bill up and, unless it is relevant, 
you

[[Page S10128]]

can add Lawrence Welk's home to this measure, and so forth. We know 
what the rules of the Senate are. But it is going to be embarrassing if 
we leave for the weekend having agreed on money, but not on security. 
We should have put airline security ahead of money to bailout the 
airlines. But the K Street lawyers overwhelmed us. They were down here 
and we got billions to keep the airlines afloat. But, by gosh, we can't 
agree on taking up this airline security measure so that we can keep 
them in business. So we intentionally put them out of business by 
delaying implementation of a meaningful security measure.

  We are not having votes on Friday; we are not having votes on Monday. 
Unless we can get this thing up this afternoon it is not likely to pass 
before the weekend. Someone commented that when we considered this 
matter in the Commerce Committee, we started at 9 o'clock and we got 
through at quarter to 7 that evening with only a half hour out. We had 
a full day's hearing and unanimously voted this bill out of committee. 
The bill is flexible. It was mentioned that the Secretary of 
Transportation is coming over with views from the White House. We are 
willing to go along with any reasonable compromise from the 
administration. What we are trying to do is get security. We are not 
trying to pass your bill in spite of our bill, or whatever.
  We are going to meet at 3 o'clock. I hope the two Senate leaders will 
try to get together and work out this dispute. Senator McCain has been 
a leader on this. We have agreed on the details. There are a few little 
differences. But let's get together with the leadership and get this 
measure up so that we can go home this weekend at least having taken 
care of security, and then we can move to counterterrorism and 
unemployment benefits later.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. DASCHLE. I still retain the floor for purposes of making a 
motion, but I yield to the Senator from Arizona first.
  Mr. McCAIN. Mr. President, I thank Senator Lott and Senator Daschle 
for the efforts they are making to try to bring this measure forward. I 
especially thank Senator Hollings. He has agreed, along with me, that 
we would oppose any nonrelevant amendments to this legislation. That is 
an important commitment on the part of Senator Hollings. I know how he 
feels about Amtrak and about seaport security and a number of other 
issues. I thank Senator Hollings for that.
  Briefly, if we now wait, as Senator Hollings said, until cloture is 
voted on Friday, and we surely can't act until Monday, and we are not 
going to be in on Monday, we are well into next week. Last week, we 
passed legislation to keep the airlines afloat financially. Millions of 
Americans still will not fly on airliners because they don't believe 
they are safe. That is a fact.
  When Americans know that the Congress of the United States has acted 
in a bipartisan fashion, with the support of the President of the 
United States, to take measures to ensure their security, that will be 
the major step in restoring the financial viability not only of the 
airlines but of America because we are dependent on the air 
transportation system in order to have an economy that is viable.
  I am happy to say that the airlines are totally supportive of this 
legislation. They want it enacted right away. They believe it is vital 
for their future viability.
  Finally, the fact that it didn't go through the Commerce Committee, 
the chairman and I are not too concerned about that. I think we are 
fairly well known to be conscious of that. As far as the screening 
issue is concerned, that is why we have debate and amendments. We will 
let the majority rule. That is relevant to the bill. Again, about 
provisions being added, I don't think any Member of this body is going 
to try to add an amendment that would be perceived as blocking airline 
security, including the Senator from Massachusetts, who is very 
concerned about the issue of Amtrak.
  I hope the two leaders will continue working together. We will meet 
with Secretary Mineta and hear for the first time the views of the 
administration on this issue. I hope that by the time that meeting is 
over, we will have an agreement so we can move forward.
  Lots of Members are involved in this issue. Lots of Members want to 
talk about it. Lots of Members are involved in it, so we are going to 
have to have a lot of discussion on this issue. The sooner we move 
forward, the sooner we are going to get it done. As Senator Hollings 
said, we can get this bill passed by tomorrow afternoon if we all work 
at it, but if we wait over the weekend, I do not think it is the right 
signal to send. I yield the floor.
  Mrs. BOXER addressed the Chair.
  The PRESIDING OFFICER. The majority leader has the floor.
  Mr. DASCHLE. I yield briefly to the Senator from California.
  Mrs. BOXER. Mr. President, I believe as strongly about railroad 
security and airport security as I do airline security, but we need to 
move on this particular bill. To put it in personal terms, every one of 
those jets that were hijacked were headed to my State with light loads 
and heavy fuel, and those passengers were sacrificed.
  We need to move forward. We need the air marshals. We need the funds 
to pay for them. We need the screeners and everybody else. Even though 
the bill did not officially go through the committee, I praise Chairman 
Hollings and ranking member McCain because, in fact, they led that 
committee through some amazing hearings. I think this bill is a 
terrific first step. I yield the floor.
  The PRESIDING OFFICER. The majority leader.

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