[Congressional Record Volume 147, Number 134 (Tuesday, October 9, 2001)]
[Senate]
[Pages S10362-S10363]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         AVIATION SECURITY ACT

  Mr. BURNS. Mr. President, we have been talking about aviation 
security. While the chairman of the Commerce Committee is still in the 
Chamber, I want to get a few things straight. The amendment that is 
hanging out there for this piece of legislation has nothing to do with 
airport security--nothing. In all other parts of the debate, we are so 
close to agreement it is unbelievable. And those areas can be ironed 
out.
  I am one, as the chairman knows, who has an amendment that would put 
the authority of airport security under the Justice Department. There 
is a very good reason for that. The model is already in front of us.
  The Attorney General can either have the Marshals Service or the FBI, 
whichever, put them in charge of airport security, and then give them 
the leeway if they wanted to contract using their standards and their 
clearance, making sure, I would imagine, that the people who work as 
screeners or baggage handlers or with the cargo could stand the 
scrutiny of a security clearance.
  The chairman of the Commerce Committee, and rightly so, invited 
members of El Al's security team in to visit with us. We sat there and 
listened to them. I was impressed with what they did. I think the 
Senator would have to admit that. But they only have 31 airplanes. They 
have 7,000 employees, and 1,500 of them are security people. They do 
nothing but security.
  There is a bright line between those people who fly them, those 
people who

[[Page S10363]]

load them, those people who refuel them, those people in checkout 
areas, or check-in areas, and baggage areas--they know what they are 
supposed to do--but there is a bright line on their security. One 
person is in charge of security.
  Those areas the Senator mentioned a while ago--passenger lists and 
intelligence, the airport, the periphery outside, the check-in area, 
the departure gate, cargo, the aircraft--you get down to the little 
bottom part of it that says: Aircraft. Above that is where it parks. We 
know those areas. And they can be supervised by people who understand 
restricted areas, restricted cargo, the movement of contraband, and 
understand passenger lists and intelligence. And that is Justice. That 
is where it is at. So we can agree on that, I am sure, before it is all 
over.
  But that is what we have to do. This debate is right on target, I say 
to the Senator. And I do not know what the House wants. I have no idea. 
They have not told anybody. I do not know what they want or what they 
do not want.
  But I think it is incumbent on us and the chairman of the Commerce 
Committee, through his leadership, that we get a bill out of this 
Senate this week and also probably an antiterrorism bill, too. We can 
agree on those things.
  But make no mistake about it; what is continuing this debate, which I 
doubt continues past tomorrow, is an amendment that is hanging out 
there that has nothing to do with airport security.
  What we have to be very careful about--and I think there are a couple 
others, but those areas can be worked out. We can negotiate those out. 
I am satisfied with them because nobody understands justice any better 
than our chairman. He chairs the appropriations subcommittee that gives 
them their money. He understands that. And I am willing to work with my 
chairman to make sure that we make this as suitable as possible.

  But what I think I want to do, I want to make a bright line of 
authority, accountability, and responsibility because we are in war. 
Why am I adamant about this? It is very simple. Approximately 6,000 
people died September 11. That is an astounding figure to me, 
astounding. And the system we were using had a soft point. It did not 
work.
  So what I am saying is this: Give authority where there is 
accountability and responsibility and also a presence that is trusted 
by the American people so they feel confident, safe, and secure when 
they fly.
  Mr. HOLLINGS. Will the distinguished Senator yield?
  Mr. BURNS. I certainly will.
  Mr. HOLLINGS. Mr. President, I thank the Senator from Montana. He has 
been the most diligent of all. He has been to every one of the 
hearings, all the briefings with El Al, and has been a wonderful 
supporter to get responsibility fixed. That has been his theme. And 
whether we do it in Justice or whether we do it in Transportation, or 
wherever, I always tended toward trying to get it done. And the White 
House wanted it in Transportation. Transportation has a follow-on with 
respect to railroads and the seaports. So I thought the one entity of 
Transportation would be it.
  But there is tremendous logic in what the Senator has pointed out. I 
cannot thank him enough for his support, so we can move to let the 
majority's will govern.
  We ought to be embarrassed. Five weeks after September 11, and we are 
still dillying around, with an empty Senate Chamber, arguing about 
maybe benefits and maybe about the railroads and maybe about something 
else.
  I am ready to move to this and have it done and then take up 
railroads. Let's take up the question of the seaports and take up 
counterterrorism and all these other measures. But I think in trying to 
engineer around and satisfy this Senator and satisfy that Senator, we 
have been doing that for 3 weeks, and we have gotten nowhere.
  I thank the Senator for his leadership.
  Mr. BURNS. Mr. President, I thank the Senator for his time and 
appreciate that we quit monkeying around and that we get it done. But 
in those areas that really concern us about airport security, we are 
pretty close. We can agree on that.
  So I think we ought to keep our eyes on the ball, why we are here, 
what the legislation is supposed to do, and then let other issues come 
up as they shall. But I think the American people expect this piece of 
legislation.
  Again, I cannot believe that people would venture into areas that 
have nothing to do with security when basically we are at war. Nobody 
understands that in this body today as well as the man who is the 
Presiding Officer, his losing friends, family--maybe not family but 
friends. Six thousand people died on that day. It is time to quit 
monkeying around. It is time to get on with our business.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER (Ms. Stabenow). The Senator from Wisconsin.
  Mr. FEINGOLD. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DASCHLE. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________