[Congressional Record Volume 147, Number 137 (Friday, October 12, 2001)]
[House]
[Pages H6712-H6726]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     PROVIDING FOR CONSIDERATION OF H.R. 2975, PATRIOT ACT OF 2001

  Mr. DIAZ-BALART. Mr. Speaker, by direction on the Committee on Rules, 
I call up House Resolution 264 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 264

       Resolved, That upon the adoption of this resolution it 
     shall be in order without intervention of any point of order 
     to consider in

[[Page H6713]]

     the House the bill (H.R. 2975) to combat terrorism, and for 
     other purposes. The bill shall be considered as read for 
     amendment. In lieu of the amendment recommended by the 
     Committee on the Judiciary now printed in the bill, an 
     amendment in the nature of a substitute consisting of the 
     text of H.R. 3108 shall be considered as adopted. All points 
     of order against the bill, as amended, are waived. The 
     previous question shall be considered as ordered on the bill, 
     as amended, to final passage without intervening motion 
     except: (1) one hour of debate on the bill, as amended, 
     equally divided and controlled by the chairman and ranking 
     minority member of the Committee on the Judiciary; and (2) 
     one motion to recommit with or without instructions.

  The SPEAKER pro tempore (Mr. LaHood). The gentleman from Florida (Mr. 
Diaz-Balart) is recognized for 1 hour.
  Mr. DIAZ-BALART. Mr. Speaker, for the purpose of debate only, I yield 
the customary 30 minutes to the gentlewoman from New York (Ms. 
Slaughter), my dear friend, pending which I yield myself such time as I 
may consume. During consideration of this resolution, all time yielded 
is for the purpose of debate only.
  House Resolution 246 is a closed rule providing for the consideration 
of H.R. 2975, the Provide Appropriate Tools Required to Intercept and 
Obstruct Terrorism bill, or the PATRIOT bill for short.
  House Resolution 264 provides for 1 hour of debate in the House, 
equally divided and controlled by the chairman and ranking minority 
member of the Committee on the Judiciary.
  The rule also provides an amendment in the nature of a substitute 
consisting of the text of H.R. 3108 shall be considered as adopted.
  The rule waives all points of order against the bill, as amended.
  And finally, House Resolution 264 provides for one motion to 
recommit, with or without instructions.
  As I stated before, Mr. Speaker, this is a closed rule which will 
allow for expedited consideration of the critical issue before the 
Congress today.
  Mr. Speaker, the United States is at war. The American people have 
been attacked on our own soil by evil men who have learned to skirt 
many of our laws that are designed to protect Americans. The underlying 
legislation has been crafted to give our Nation's law enforcement 
officials additional necessary tools for the war on terrorism. We must 
do everything within our power so that the events of September 11 never 
again happen.
  It is no secret, Mr. Speaker, that there are some Members of this 
body who are displeased with the legislation before us because they 
consider that it goes too far. I can assure my colleagues, Mr. Speaker, 
that there are many Members of Congress who believe that this 
legislation does not go far enough.
  We have heard a number of them on the floor today. The gentleman from 
New York (Mr. Sweeney), the gentleman from Florida (Mr. Deutsch), the 
gentleman from Delaware (Mr. Castle), and others.
  This bill reflects the essence of compromise. The gentleman from 
Wisconsin (Mr. Sensenbrenner) and other members who have crafted this 
critical legislation, legislation which is similar to the Senate bill, 
that it passed last night, will give the President of the United States 
and various law enforcement departments and agencies tools needed to 
wage an effective campaign against terrorism in the wake of the 
September 11 terrorist attacks.
  We will have ample opportunity during this coming hour of debate on 
this rule as well as the subsequent debate on the underlying 
legislation to bring out the details of the legislation. At this 
initial point, Mr. Speaker, what I would like to do is urge my 
colleagues to join me in passing this rule so that the House may 
proceed quickly to consider the underlying legislation.
  Mr. Speaker, I reserve the balance of my time.
  Ms. SLAUGHTER. Mr. Speaker, I yield myself such time as I may 
consume.
  (Ms. Slaughter asked and was given permission to revise and extend 
her remarks.)
  Ms. SLAUGHTER. Mr. Speaker, I thank my colleague from Florida for 
yielding me the customary half an hour.
  Mr. Speaker, I rise in strong opposition to this closed rule and to 
the underlying legislation. While all of us understand the need to give 
law enforcement the tools it needs to combat terrorism, the bill goes 
too far. In the name of protecting Americans, it eats away at some of 
our most cherished freedoms.
  The events of September 11 are etched in all of our hearts and minds. 
Last week, I attended services for two constituents who were lost at 
the World Trade Center, a 52-year-old businessman and a 28-year-old 
consultant. Both had long, fulfilling lives ahead of them, and both 
were innocent victims of terror.
  We have to track down the perpetrators of these heinous crimes and 
ensure such atrocities can never be repeated. In order to do so, 
Congress is prepared to give the law enforcement community 
unprecedented powers to engage in surveillance, wiretapping, and 
collection of evidence.
  At the same time, however, we must balance the need to pursue 
terrorists against the need to protect the civil rights of law-abiding 
Americans. On September 19, Attorney General John Ashcroft outlined his 
proposal to combat terrorism. Since that time, the Committee on the 
Judiciary majority and minority staffs have been working nonstop, 
including weekends, to develop compromise language that would 
accommodate many of the administration's requests.
  On Monday, October 1, the gentleman from Wisconsin (Chairman 
Sensenbrenner) and the gentleman from Michigan (Mr. Conyers), the 
ranking member, announced an agreement on a compromise bill. The bill 
was reported unanimously by the Committee on the Judiciary by a vote of 
36 to 0.
  At that time, the leadership of both sides of the aisle wisely 
refused to be stampeded into abandoning civil liberties by approving 
the proposals that the administration hastily pulled together last 
month. This was Congress at its best. The underlying bill demonstrated 
bipartisan resolve in response to a Nation in crisis.
  Unfortunately, that bipartisan bill has now been abandoned in favor 
of an extreme proposal that threatens the civil rights of all 
Americans. The bill presented in the House today contains a variety of 
provisions that, at any other time and place, would never receive 
serious consideration in this Chamber. Only the current crisis is 
persuading Congress to throw caution and civil rights to the wind.
  As a result, some of the most important compromises developed in the 
committee process have been renounced. Under the new bill, our own 
citizens can be wiretapped by the CIA. Immigrants can be deported for 
donating money to groups they did not know were linked to terrorism. 
The government can introduce information obtained from illegal wiretaps 
in court; and significant new restrictions are placed on the disclosure 
of information from grand jury proceedings, changes which were made 
with no input, there was no decisions given by Federal judges, by the 
lawyers, by any members of the bar as to the constitutionality and the 
fitness of these changes, and perhaps most critically, the 2-year 
sunset provision was deleted.
  The bill essentially allows changes to stand for 5 years before 
Congress has any obligation to review them. If we are truly concerned 
about the civil rights of our constituents, surely we should not allow 
5 years to lapse before exercising oversight over these expanded 
powers.
  The Members of this Chamber need to understand that the bill before 
us today is no longer just about terrorism. These sweeping new powers 
can be used in the pursuit of any criminal case against any American 
citizen or immigrant.
  No one doubts that we and our constituents are at risk for further 
attacks. Law enforcement, as I said, needs to have the tools to 
confront this new threat. Included in this bill are worthy provisions 
from the administration's proposal. For example, the bill would let the 
government seek court approval to place a wiretap not just on a 
particular phone but on a person, regardless of which phone they will 
use. But these positive provisions are tainted by the inclusion of 
unnecessarily broad proposals that will erode the civil rights of all 
Americans.
  Given the opportunity, Members of the House could mitigate some of 
the

[[Page H6714]]

most problematic provisions of this bill. However, we are being denied 
that opportunity. The closed rule allows no amendments to the civil 
rights bill of this generation.
  We cannot fight terrorism by destroying those very things that make 
our Nation special. If we are going to cut into civil rights laws, we 
should use a scalpel, not a scythe. I urge my colleagues to oppose this 
closed rule and to vote against the underlying bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DIAZ-BALART. Mr. Speaker, I yield 1 minute to the gentleman from 
Arizona (Mr. Flake).
  Mr. FLAKE. Mr. Speaker, I rise in support of the rule. Although I 
would have preferred an open rule, I think that there is one glaring 
hole in this legislation. It is an antiterrorism piece, but we are not 
dealing with the greatest source of right now. We are not dealing with 
immigration in any meaningful sense.
  We ought to be strengthening the process that we have to issue visas. 
We have introduced legislation. We had an amendment to go on this bill, 
the gentleman from Delaware (Mr. Castle) and myself, which would have 
tightened that process. It would have also tightened the process by 
which we screen people currently in the country.
  We found out yesterday that of the 19 terrorists who were here in the 
country, 10 of them were here legally. Three of them had overstayed 
their visas, and 6 of them we had no clue where they came from or how 
they got here. That is unacceptable, and it would have been good to 
deal with as part of this bill. If we cannot, and the rule is closed so 
we will not, we need to deal with that separately.

                              {time}  1230

  Ms. SLAUGHTER. Mr. Speaker, I yield 5 minutes to the gentleman from 
Minnesota (Mr. Oberstar).
  Mr. OBERSTAR. Mr. Speaker, I thank the gentlewoman for yielding me 
this time.
  Mr. Speaker, in light of the great confusion and dissatisfaction 
about the process that has led us to this point on the pending measure 
covered by the proposed rule, it seems to me that we ought rather to be 
spending our time dealing with aviation security.
  If we defeat the motion on the previous question, it will be the 
purpose of the minority side to bring up the Transportation Security 
Enhancement Act of 2001, which has been drafted largely in cooperation 
with the Republican majority on our committee, but with some 
significant differences.
  One of those key differences has to do with how screening is 
performed at the Nation's airports. Let me put this in context because 
the screener issue has been very largely overstated and not stated in 
the context of overall aviation security.
  First, what we would propose to do, and we have done this in 
agreement with the majority on our committee, is establish a 
transportation security administration within the Department of 
Transportation; and this approach differs significantly from the bill 
which just last night passed the other body on a vote of 100 to zero, 
to elevate security to all modes of transportation to the level of an 
Under Secretary of Transportation so that all modes would be considered 
concurrently; transfer all aviation security functions to the 
Transportation Security Administration except for air marshals which 
would stay, as they always have been, within the FAA; designate this 
Under Secretary to be the primary liaison to intelligence and law 
enforcement communities; allow the Secretary to develop the regulations 
to carry out the security functions.
  Mr. Speaker, under this general regulatory authority, because we are 
dealing in an area of urgency and of national significance, the Under 
Secretary would consider the costs, but not be required to undertake 
the usual time-consuming cost benefit analysis which places a monetary 
value on human life and has regularly been the subject of airline 
interference and dragging out the regulatory process when it comes to 
safety and security.
  We would consider the costs, but not be bogged down by a regulatory 
process which holds up rules literally for years; permits this Under 
Secretary to issue emergency rules or security directives without cost-
benefit analysis, but opportunity for comment; create a transportation 
security oversight board consisting of the Secretary of Transportation, 
the Attorney General, the Secretary of the Treasury, the Secretary of 
Defense, and a representative of the Office of Homeland Security.
  Further, to require the President to begin a review of whether 
security should be conducted within the Department of Transportation as 
we proposed in the legislation, or whether the President on his counsel 
should transfer that function to another Department or office.
  The key to this is the status of those who perform security at the 
Nation's airport security checkpoints. This has been the Achilles' heel 
of aviation security.
  The screener workforce I distinguish from functions that are 
performed by airlines. There are airline responsibilities in aviation. 
There are airport responsibilities in aviation, and there is a national 
security responsibility in aviation.
  I make that distinction based on my experience from 11 years ago in 
the aftermath of the Pan Am 103 crash when I was a member of a 
Presidential commission on aviation security. It was called the Pan Am 
103 Commission. We recommended that there be a comprehensive security 
effort on all of aviation and that security should be seen as a matter 
of national responsibility.
  Mr. DIAZ-BALART. Mr. Speaker, I yield 2 minutes to the gentleman from 
Illinois (Mr. Kirk).
  Mr. KIRK. Mr. Speaker, I rise in support of this rule. I highlight 
one key provision in this bill. I note that no provision in this bill 
lasts more than 5 years. There is one key section, section 502, 
regarding the State Department rewards program, and the public should 
know there is already a $5 million reward out for the arrest of Osama 
bin Laden. This program has been very successful in the past and has 
led to charts like this, showing the results of the United States 
embassy bombing outside our embassy in Kenya in which 12 Americans and 
300 Kenyans and Tanzanians were killed.
  It is this program which led to the arrest of Mr. Kansi, who led the 
attack against CIA employees outside that agency, and also many 
Yugoslav war criminals.
  The underlying bill which will be supported by this rule gives 
Secretary Powell the authority to raise the amount for a reward for a 
terrorist up to $15 million. I introduced legislation along with the 
gentleman from Illinois (Mr. Hyde), the gentleman from New York (Mr. 
Gilman), and the gentleman from California (Mr. Lantos), H.R. 2895, to 
raise the full amount for the rewards program to $25 million.
  Secretary Powell has already mentioned this State Department rewards 
program and the $25 million figure in his public diplomacy. This bill 
and subsequent appropriations are a first step to dramatically 
enhancing the State Department's rewards program, and I think it should 
receive the support of this House.
  Ms. SLAUGHTER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Wisconsin (Mr. Obey).
  Mr. OBEY. Mr. Speaker, our Founding Fathers created the Bill of 
Rights not so they would be there in easy, convenient times; but so 
they would be enforceable in tough times. This is one of those tough 
times.
  We have had a bipartisan bill developed in the Committee on the 
Judiciary, and Members have been able to ask questions about that for a 
number of days. We were all feeling pretty comfortable with it.
  But now in a last ditch action, that bill has essentially been thrown 
out and now we have a back-room quick fix going on, and I venture to 
say that virtually no one in this Chamber outside of perhaps a few 
people on the committee have any idea what is in the bill. Why should 
we care? It is only the Constitution. It is only individual liberty at 
stake.
  Mr. Speaker, we have a 140-page bill coming at us. There is no 
section-by-section analysis, so we do not have any idea what is in the 
bill. We are going to be asked to vote blind, and we will be blind. 
This bill ought to be delayed until Monday. Instead, what we ought to 
have on the floor right now is the

[[Page H6715]]

bill that passed the Senate 100 to nothing on airline security. That is 
what ought to be on this floor right now.
  It has been one full month since the disastrous events of September 
11; and yet because of the hang-ups that a few people in this 
institution have about the size of government, we cannot get to the 
floor a bill that would federalize and professionalize the airport 
inspection service. That is harebrained. It is wrong.
  Mr. Speaker, that legislation ought to come first. We ought to bring 
that bill up here on the floor now. That would speed the day when we do 
have airline security, and it would give us more time on a bipartisan 
basis to analyze what is actually in this bill. I am sure there are 
many good things in the bill. That is not the question.
  The question is if you are defending liberty, and we have a 
responsibility each and every one of us to do that, the question is to 
know what is in the detail. The devil is in the detail. The 
Constitution is there not to protect bad people, but to protect every 
innocent American.
  Mr. DIAZ-BALART. Mr. Speaker, I yield 2 minutes to the gentlewoman 
from New Jersey (Mrs. Roukema).
  (Mrs. ROUKEMA asked and was given permission to revise and extend her 
remarks.)
  Mrs. ROUKEMA. Mr. Speaker, I rise in favor of the rule and the bill 
with some understanding about commitments that I have from our House 
leadership.
  I am speaking here today as a representative of a district that lost 
more than 100 constituents in this terrible tragedy at the World Trade 
Center. I want to deal with it in a realistic way and a sure way so we 
can avoid this happening again. But I must say that as much as I 
support this bill, we will be making a mockery out of these reforms if 
we do not have a companion piece, if not in this bill, then a companion 
piece that deals with illegal money laundering and bulk cash smuggling.
  There is every reputable authority, whether it is the FBI or other 
international organizations which are authorities on terrorists, which 
have identified bulk cash smuggling and money laundering as a system 
for financing terrorists around the globe. We cannot have true reform 
unless that is prevented.
  Now, yesterday the Committee on Financial Institutions passed out an 
excellent bill, and I believe we will be voting for the rule and the 
bill with the understanding that we have a firm commitment from our 
House leadership that they will expedite the consideration of the bulk 
cash smuggling and money laundering bill, and that we will have it on 
the floor next week.
  Mr. Speaker, we have to make this first giant step, but then put the 
foundation of the reforms in with the bulk cash smuggling and money 
laundering legislation.
  Ms. SLAUGHTER. Mr. Speaker, I yield 3 minutes to the gentleman from 
Massachusetts (Mr. Delahunt).
  Mr. DELAHUNT. Mr. Speaker, this is one of those moments when we are 
truly tested. Can we rise to the call to defend our country and at the 
same time have the wisdom and courage to do it in a way that is true to 
the principles that make our country unique among the family of 
nations?
  I was one of the 36 members of the Committee on the Judiciary who 
joined together in unanimous support for the bill reported out of 
committee; and our chairman, the gentleman from Wisconsin (Mr. 
Sensenbrenner) and the ranking member, the gentleman from Michigan (Mr. 
Conyers), worked tirelessly with members on both sides to strike a 
proper balance between national security and the values of a free 
society. They did this House, they did the committee, and they did the 
Nation a great service; and they do deserve our gratitude.
  Unfortunately, that carefully crafted bill is not the measure we are 
going to consider today. This morning, as others have said, the 
Committee on Rules replaced it with a new 187-page bill which nobody 
had the time to even peruse. While it appears to retain some features 
of the original bill, it apparently modifies or eliminates a number of 
the compromises which enabled us to come to that consensus.
  Just one example: it makes a dramatic departure from American 
criminal jurisprudence by allowing the sharing of grand jury evidence 
without a court order. History has taught us that sweeping new powers, 
once given to the Government, are prone to abuse. Remember, too often 
in times of crisis our government has sacrificed essential liberties to 
claims of national security. The Alien Sedition Acts, the suspension of 
habeas corpus during the Civil War, the internments of the Second World 
War and the ``red-baiting'' by the McCarthy and the House un-American 
Activities Committee.
  Today everyone deplores those excesses, but we must not forget that 
decent, patriotic Americans acquiesced in those measures under the 
pressures of the moment.

                              {time}  1245

  I am not claiming that this bill falls into that category. What I am 
saying is that we should be willing to pause to reflect and examine 
exhaustively the provisions in light of that experience in the bill 
before us today so that unintended consequences can be corrected and 
any potential abuses that arise from our actions can be discovered and 
addressed. We have not done that today. I suggest if we proceed and do 
not defeat this rule, that we will have failed in our responsibility to 
the Constitution and to the American people.
  Ms. SLAUGHTER. Mr. Speaker, I yield 1 minute to the gentlewoman from 
California (Ms. Millender-McDonald).
  Ms. MILLENDER-McDONALD. Mr. Speaker, I rise in opposition to this 
closed rule and the underlying bill before us, H.R. 3108, a bill that 
we have just learned about a couple of hours ago. There are glaring 
deficiencies in this bill, and the action today is an affront to the 
Members who serve on the Committee on the Judiciary who passed a bill 
out in that committee 36-0.
  I was willing, Mr. Speaker, to vote on that bill, H.R. 2975, and had 
an amendment that required the Secretary of Transportation to consult 
with all Federal departments and agencies to conduct an assessment of 
terrorist-related threats to all modes of public transportation. We 
have heard from the ranking member of the Committee on Transportation 
and Infrastructure. We need an aviation security bill on this floor. We 
do not need bills that have come to us in the cloak of night that will 
circumvent us from really giving the confidence to the American people, 
a bill that they deserve.
  Mr. Speaker, we should not move forward with this legislation that 
infringes on the civil rights of this country and would not adhere to 
the Committee on the Judiciary members who did give us a bill, H.R. 
2975, that we could have voted on.
  Ms. SLAUGHTER. Mr. Speaker, I yield 1 minute to the gentlewoman from 
California (Ms. Lee).
  Ms. LEE. Mr. Speaker, I rise in opposition to this bill. We must 
bring terrorists to justice and make our country safe, but we must not 
sacrifice our Constitution in a mad rush to rewrite our laws in the 
middle of the night. This is one of the most important bills we will 
address this year, but we have not had a chance to even read the bill. 
The Committee on the Judiciary unanimously passed an antiterrorism bill 
that has all but disappeared. This is not the way to make laws.
  This bill expands the scope of surveillance powers far beyond the 
scrutiny of suspected terrorists. We hear that intelligence sharing 
will not be limited to those suspects. We cannot once again go down 
this path. African Americans have very clear memories of how civil 
liberties have been warped before through illegal surveillance and the 
COINTEL program. Dr. Martin Luther King, Jr., a man who preached peace, 
was wiretapped by the FBI.
  We must move carefully. We must avoid the pitfalls of racial 
profiling. Arab Americans and Muslims must not become government 
targets because of their race or faith. We cannot let terrorists 
rewrite our Constitution. We must think about the consequences of our 
actions.
  I urge this body to oppose the rule and oppose the bill.
  Ms. SLAUGHTER. Mr. Speaker, I yield 1 minute to the gentlewoman from 
New York (Mrs. Maloney).
  Mrs. MALONEY of New York. Mr. Speaker, I rise in opposition to the 
rule. By voting on the exact language

[[Page H6716]]

 reported out of the other body, we would effectively negate the hard 
work and thoughtful input of the entire House of Representatives. As a 
New Yorker, I am appalled that the provision increasing the funding for 
the fallen public safety officers is not included. The bill does not 
include the expedited implementation of the Student and Exchange 
Visitor Information System which would help ensure that student visas 
do not become passports for terrorists. The sunset provision has been 
eliminated.
  Finally, I want to emphasize that any final terrorism package must 
address illegal money laundering, and this bill does not include the 
federalization of airport security which is needed deeply in this 
country. In developing the best possible bill to combat terrorism, the 
House should advocate, not abrogate on their responsibility.
  I urge a ``no'' vote on both sides of the aisle.
  Mr. DIAZ-BALART. Mr. Speaker, I yield 3 minutes to the gentleman from 
Wisconsin (Mr. Sensenbrenner), the distinguished chairman of the 
Committee on the Judiciary and the principal architect of this 
legislation in the House.
  Mr. SENSENBRENNER. Mr. Speaker, we have heard a lot of complaints 
about process from the other side of the aisle and a lot of those 
complaints are really misdirected.
  First, the bill that will be considered as the text, once we get to 
it, has been out there for over a week. It is the text that was 
introduced in the Senate by the Democratic leader of the Senate, the 
Senator from South Dakota (Mr. Daschle). A version of the bill passed 
the Senate last night by a vote of 96-1, with only one Senator voting 
against it. So no one should be surprised at what was in the text of 
the Senate-passed bill.
  The difference between the Senate-passed bill and what I hope we will 
be considering after this rule passes is that the negotiations over the 
last 48 hours have taken provisions in the Senate-passed bill out, and 
they will not be considered in the context of the substitute amendment 
that is contained in this self-executing rule. What has been placed 
into the Senate-passed bill were ideas that were either adopted by the 
Committee on the Judiciary when we marked up H.R. 2975 or modifications 
that were suggested by both majority party members and minority party 
members. So there should be no surprise because those modifications 
have been suggested and shared with both sides of the aisle on the 
committee.
  Given the fact that we are really not dealing with new ideas here and 
we are dealing with ideas that have been out on the table for at least 
a week, either in this body or the other body, the question comes, when 
are we going to vote on an antiterrorism bill? This rule allows us to 
vote on the antiterrorism bill today, like the other body voted on the 
antiterrorism bill last night.
  We should get on with the legislative process. We should get this 
legislation through the Congress and on the President's desk as soon as 
possible so that law enforcement will have the tools to track down 
those that are planning future acts of terrorism in the United States 
and to keep them off balance. The time to vote is now, and the way to 
get us to a vote is by voting for this rule.
  Ms. SLAUGHTER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Michigan (Mr. Conyers), the ranking member of the Committee on the 
Judiciary.
  Mr. CONYERS. I thank the gentlewoman from New York for yielding time.
  Mr. Speaker, let me ask my colleague with whom I have labored for 
weeks now on this bill. We have reported by a unanimous vote on the 
Committee on the Judiciary, something that I cannot ever remember 
happening before, but it is my understanding that this bill, whatever 
the product is, and the Senate bill voted out last night will go to 
conference.
  Is that the understanding of my colleague and friend, the chairman of 
the Committee on the Judiciary?
  Mr. SENSENBRENNER. Mr. Speaker, will the gentleman yield?
  Mr. CONYERS. I yield to the gentleman from Wisconsin.
  Mr. SENSENBRENNER. If the Senate disagrees with the House amendment, 
I assume it will go to conference. I would hope that for once the 
Senate would think that we got it right and pass the bill unamended and 
let the President then do his thing.
  Mr. CONYERS. I would say to my colleague that it is highly unlikely, 
if not impossible, that we are going to report out a bill here today 
that will be the same as what the Senate did last night. That is not 
going to happen. So I will be anxiously waiting to see what our 
leadership does in terms of making sure we have a conference. That is 
the purpose of this dialogue.
  Mr. SENSENBRENNER. The staff of the distinguished gentleman from 
Michigan, with whom it has been a pleasure to work, gave several 
suggestions on how to amend the Senate bill to my staff, many of which 
are incorporated in the amendment in the nature of a substitute, the 
most important of which is a 3-year sunset with a 2-year extender which 
was the idea of the gentleman from Michigan and was a good one and is 
incorporated in the self-executing amendment.
  Mr. CONYERS. I am happy about this great coordination between staffs, 
but I want a conference, and staffs do not control conferences. Let us 
look at where we find ourselves.
  Ms. SLAUGHTER. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman 
from Oregon (Mr. Wu).
  Mr. WU. I thank the gentlewoman from New York for yielding me this 
time.
  Mr. Speaker, in the Revolutionary War, 4,435 Americans died. In the 
Civil War, 140,000 Union forces; Confederate figures are not readily 
available. World War I, 53,000. World War II, 291,000. Antietam, one 
battle, 4,032 Americans died. Gettysburg, 7,058 soldiers died.
  I believe that these brave Americans died not just to keep us free 
from foreign invaders or foreign forces, I believe that these brave 
people went into battle and many of them died so that we could protect 
our liberties at home. Last night I was with a small group of Marines. 
They asked me to facilitate their transfer to a combat unit. I said I 
would do that. The best I could do last night was to buy them a beer 
and offer to do that.
  Today, it is my job to seek an additional 3 hours, to seek an 
additional 3 days, to seek a few more days when it has already been 30 
days since the attack, so that we can produce a better product to honor 
all those who came before us and gave deep sacrifice, and, many of 
them, the ultimate sacrifice, so that we can enjoy the civil liberties 
that we have today. We dishonor all those who have fought for America 
by panicking in this moment.
  Ms. SLAUGHTER. Mr. Speaker, I yield such time as he may consume to 
the gentleman from New Mexico (Mr. Udall).
  (Mr. UDALL of New Mexico asked and was given permission to revise and 
extend his remarks.)
  Mr. UDALL of New Mexico. Mr. Speaker, I oppose the rule.
  Ms. SLAUGHTER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Illinois (Mr. Rush).
  (Mr. RUSH asked and was given permission to revise and extend his 
remarks.)
  Mr. RUSH. I want to thank the gentlewoman from New York for yielding 
me this time.
  Mr. Speaker, I rise in opposition to the bill that is before us and 
to this closed rule.
  From the very beginning, there has been little idea as to what this 
bill even looks like. This is outrageous, and this is dangerous.
  Mr. Speaker, I cannot forget the abuses of the fourth amendment by 
Federal agencies in the not so distant past.
  Mr. Speaker, it is an indisputable fact that during the 1970s, the 
FBI kept information in its files covering the beliefs and activities 
of at least 1 in every 400 Americans. It is a fact that the FBI 
Director, J. Edgar Hoover, created the COINTEL program whereby they 
spied on and violated the constitutional rights of thousands of 
American citizens. It is a fact that during the 1960s, the U.S. Army 
created files on about 100,000 civilians. It is a fact that between 
1953 and 1973, the CIA opened and photographed almost 250,000 first 
class letters within the United States, and from these photographs it 
created a database of over 1.5 million names.
  Mr. Speaker, it is a fact that great Americans, such as Dr. Martin 
Luther King, Jr. were subjected to illegal and

[[Page H6717]]

frivolous wiretaps by the FBI. And, Mr. Speaker, it is a fact that 
amongst the most absurd Federal wiretaps have been those extended to 
Members of Congress.
  Mr. Speaker, temporary or not, this is very dangerous ground that we 
are treading on; and without a balanced, open and fair process, I feel 
that we may not be living up to the promise that all Americans have 
made to preserve the things which make America great. I fear that we 
may be returning to the dark days of McCarthyism and Hooverism.
  Mr. Speaker, I oppose the rule and the underlying bill.

                              {time}  1300

  Ms. SLAUGHTER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Michigan (Mr. Conyers).
  Mr. CONYERS. Mr. Speaker, my appeal at this point is for us to 
consider whether we want to adopt the rule. Let us set aside the 
question of the underlying bill and all the problems it generates.
  What about the rule? No amendments, one substitute. Is that the way 
we really want to pass on the most comprehensive, sweeping law 
enforcement extending legislation coming out of the Committee on the 
Judiciary for years and years? I think not. For those reasons, I would 
ask that we consider sending it back to the distinguished committee 
from which it came.
  Why? Well, there is no money laundering discussion. There is no 
provision for money laundering in the bill that is in the House. What 
are we to do? Are you going to ask us to do this in conference, or 
should we not have some approach toward this very serious international 
question that the administration itself has spent a great amount of 
time dealing with and pointing out its relationship to terrorism, to 
drug running and illegal financing of activities around the world, and 
especially in this country?
  So I ask Members to consider this.
  Now we have the sunset provision. Well, we have got a modified sunset 
provision. We need not go beyond 2 years. Let us just talk about this 
plain out. We need to examine that. That is what the Committee on the 
Judiciary bill, with equal numbers of Republicans and Democrats, voted 
out only 3 days ago.
  Ms. SLAUGHTER. Mr. Speaker, could I inquire how much time we have 
remaining?
  The SPEAKER pro tempore (Mr. LaHood). The gentlewoman from New York 
(Ms. Slaughter) has 5 minutes, and the gentleman from Florida (Mr. 
Diaz-Balart) has 20 minutes remaining.
  Mr. DIAZ-BALART. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Indiana (Mr. Pence).
  Mr. PENCE. Mr. Speaker, I thank the gentleman for yielding me time.
  Mr. Speaker, I rise in strong support of the rule and the PATRIOT Act 
of 2001.
  Mr. Speaker, as a member of the House Committee on the Judiciary, I 
was honored to participate in the creation of a historic bipartisan 
compromise bill that emerged unanimously from the Committee on the 
Judiciary by a vote of 36 to 0. I would like to commend the gentleman 
from Wisconsin (Chairman Sensenbrenner) for his extraordinary 
leadership on what is typically one of the most divisive committees on 
Capitol Hill. I also would commend the chairman for his collective 
wisdom in negotiating a compromise that we could bring to the floor 
today to enable the authorities of the United States of America to do 
the job that the American people expect them and count on them to do.
  Mr. Speaker, because of the attacks of September 11, and with the 
events that are scrolling across television screens in America at this 
very hour, Congress should act now, today, to empower our law 
enforcement authorities to protect our citizens.
  Compromises have to be made. Increased safety and security will 
require sacrifices for the American public. Airline customers are 
subjected to more intrusive questioning. Aliens suspected of terrorism 
will be detained for longer periods of time.
  But these compromises, Mr. Speaker, I want to emphasize, do not 
represent an infringement on the constitutional rights of American 
citizens. Many of the expanded powers here, as we know, are sunsetted 3 
years and extended 5 years to be reviewed that they might not be 
permanent once this time of trial passes.
  As we proceed into this debate and ultimately a vote today on this 
anti-terrorism package, it is absolutely necessary that the American 
people know that the updated wiretapping laws, the enhanced 
information-sharing laws are not the real threat to the American public 
or to the Constitution. Terrorists are. It is the terrorist criminals, 
who respect no law and no constitution, who threaten our way of life.
  I urge my colleagues to support the adoption of this bill to give our 
law enforcement authorities the ability to protect our freedoms and 
preserve our way of life.
  May America arise and its enemies be scattered.
  Ms. SLAUGHTER. Mr. Speaker, I yield 2 minutes to the gentleman from 
New Jersey (Mr. Menendez).
  (Mr. MENENDEZ asked and was given permission to revise and extend his 
remarks.)
  Mr. MENENDEZ. Mr. Speaker, the American people have a right to expect 
that their top priority will be our top priority. We are sent here to 
represent them and to address their concerns. And as far as America is 
concerned right now, security, security, is job one.
  So if we want to do something today, right now, to make America 
safer, not tomorrow, but right now, to make America safer, the rule and 
the bill that we should be considering one month after the incident at 
the World Trade Center, after that tragedy, one month later, we should 
bring the airport security bill to the floor. It passed the other body 
unanimously, but it has been languishing here for weeks; and it is 
stuck because some elements of the Republican leadership do not want to 
federalize airline security, even though many in their own party, 
almost all Democrats, and the American people are fully behind that 
commonsense proposal.
  Instead, we come to the floor with a bill that is important, but that 
comes through a process in which Members have not even had the chance 
to read this bill. The bill that was developed in a bipartisan effort 
out of the committee does not come to the floor, but is slain in the 
Committee on Rules.
  What is sent here is not the bipartisan work of Democrats and 
Republicans. Surveillance is important, the immigration provisions are 
important; but you will not secure one American today in the air of 
this country, in the security of people flying in this country.
  We could take 3 days to bail out the airline industry, but 30 days 
later we cannot give the people of this country the security that they 
can fly on those planes. We do not have all the air marshals that we 
need, we do not have the federalization of the security screeners, 
having the force and professionalism that is needed. We are not 
checking all of that baggage. We are not having those cockpit doors 
fully reinforced.
  One month later, there is no answer. We need to have an airline 
security bill today. We cannot leave this Congress this weekend until 
we do.
  Ms. SLAUGHTER. Mr. Speaker, I am happy to yield 1 minute to the 
gentleman from Missouri (Mr. Gephardt), the minority leader of the 
House.
  (Mr. GEPHARDT asked and was given permission to revise and extend his 
remarks.)
  Mr. GEPHARDT. Mr. Speaker, first I want to thank my colleagues, the 
gentleman from Wisconsin (Mr. Sensenbrenner), and the gentleman from 
Michigan (Mr. Conyers), for leading us in a united way to help win this 
war against terror. I rise to commend all of the members of the 
Committee on the Judiciary for their work in the committee on this 
bill. I am disappointed in the breakdown in bipartisanship that has 
happened and the breakdown in the real collaboration that I think went 
on on the committee on this important piece of legislation.
  I want to say to the Members that I have had the feeling in the last 
days that we have begun on bills like this one to have real meaningful 
collaboration and that that is what we are supposed to do here. We are 
supposed to honestly and rationally meet with one another, communicate 
with one another, compromise with one another to reach consensus 
solutions on important problems, and the gentleman from

[[Page H6718]]

Wisconsin (Mr. Sensenbrenner) and the gentleman from Michigan (Mr. 
Conyers) did exactly that on this committee.
  But now their work and the work of the gentleman from Georgia (Mr. 
Barr) and the gentleman from Virginia (Mr. Scott) and others, which was 
an alliance that represented compromise, that is the way this Congress 
has to perform in this moment of national crisis, has been put aside, 
because someone else wants a different solution.
  I have no problem with disagreement. What I have a problem with is 
not honoring honest compromise reached honorably through hard work and 
effort. I salute the Members who did that, and I wish that we were 
talking about the bill today that they presented. But it has been 
upset, and we are prevented now from doing what we ought to be doing; 
and I am sorry about that. I am honestly depressed and sorry that we 
are not acting in the highest manner.
  But I also rise today to say that even that bill, which would have 
been better, should not be the bill that is on the floor today. Today 
on this floor we should have a debate and a vote on strengthening 
aviation security in this country, to federalize screeners and put air 
marshals on every flight.
  Last night the Senate passed 100 to 0, 100 to 0, it does not happen 
very often, 100 to 0, a strong aviation bill to give people maximum 
security on the ground and in the air.
  Right now we are seeing vigilante committees set up ad hoc to go 
after hijackers if it happens on an airplane. Yesterday I read in the 
newspaper that air travelers are steeling themselves for attacks. They 
make pacts in their seats to fight hijackers if they should wind up on 
their flights. One man, 245 pounds, an ex-football player, said, It 
would be a bad idea for someone to try to hijack a plane when I am on 
it. I will tell you that, he said. I think the American citizenry as a 
whole, he said Wednesday, are pretty pumped up about this right now.
  Well, I applaud vigilance, and I applaud courage, and I believe in 
the courage of the American people; and I am in awe of the people on 
the plane who crashed in Pennsylvania who tried to save lives. They 
died so that others could live. But while we need vigilance, we do not 
need vigilantes; and that is what we are going to have until we get on 
with this business of taking care of airport and airline security.
  As the gentleman from New Jersey (Mr. Menendez) just said, 3 days is 
all it took us to financially deal with the airlines' problems, and I 
voted for it and I was for it. But the truth is, at the same time we 
did that, we should have been dealing with airline and airport 
security. We need it done professionally. We need trained professional 
Federal law enforcement officers. That is the bill that we ought to be 
taking up today.
  We have got to go home this weekend and face our constituents and 
give them an answer for why we have not done this. There is no good 
answer. A minority of the majority is stopping us from taking this up 
because they do not like the outcome on the bill, just like somebody 
did not like the outcome on this bill out of the Committee on the 
Judiciary.
  Mr. Speaker, it is time for the majority, a nonpartisan majority of 
this House of Representatives, to work its will in the people's 
interest. I beg the leadership of this House, bring up airline security 
today, and bring up the Judiciary-passed bill on anti-terrorism next 
week.
  Mr. DIAZ-BALART. Mr. Speaker, I yield 3 minutes to my good friend, 
the gentleman from Ohio (Mr. Traficant).
  (Mr. TRAFICANT asked and was given permission to revise and extend 
his remarks.)
  Mr. TRAFICANT. Mr. Speaker, we have heard words of wisdom on this 
floor from the gentleman from Michigan (Mr. Conyers) and from the 
gentleman from Missouri (Mr. Gephardt). We have also heard words of 
wisdom from the gentleman from Wisconsin (Mr. Sensenbrenner).
  Let me remind this body that the other body is controlled by 
Democrats, and the bill we will take up passed 99 to 1. Let me caution 
Congress, though, that we have trophies sitting there in the form of 
Federal buildings that are still yet not protected, because the other 
body did not act last year on legislation that we passed.
  Yes, our airports do need help; but I want to mention something 
today, because I believe all the money we spend, all the bills we pass, 
all the speeches we make, and all our good intentions and all the 
security at the airport and all the increased money we spend on 
enforcement will not stop terrorism.

                              {time}  1315

  Congress must look at the comprehensive problem that faces the world, 
faces America, and faces our ally in Israel as well, even though I have 
been called many times even an anti-Semite. The President has come 
forth with a very bold opportunity for Congress to embrace, a lasting 
resolution to minimize terrorism that has been exported to America, and 
he is right, and he had the courage to say it. It is time to look at a 
homeland for the Palestinian people.
  So while we bite at the edges, while we play with the factors, while 
we massage the initiatives, we at some point are going to have to deal 
with basic issues. Israel will not be safe, our ally, and neither will 
America, that has now seen the export of that violence. That is not a 
victory for bin Laden. There will be another thousand bin Ladens. Go 
after bin Laden, but now let us take a look at the wisdom that has come 
from the White House, some courage that has come from the White House.
  So today I am going to vote not only for this rule, I am going to 
vote for this bill. And if the gentleman from Wisconsin (Mr. 
Sensenbrenner) can accept it, and if the majority in the other body can 
accept it, by God, I can, because the crisis is now. Congress must show 
bipartisanship, and if we do not do it on this, this is the vehicle, 
when do we do it? But let us get at Federal buildings, let us get at 
airports, and let us get at that issue of Palestinian homeland. That, I 
say to my colleagues, is a responsibility we should undertake with a 
sincere heart to help all of our friends.
  Ms. SLAUGHTER. Mr. Speaker, I yield myself the remaining time.
  Mr. Speaker, if we are going to rush legislation to the floor, most 
of our constituents want us to bring up a bill providing for increased 
airline security, and not a bill that deals with curtailing civil 
liberties. Every Member of the House knows that Americans are concerned 
about the safety of our airlines and demonstrating that fear by 
curtailing their flights. This is truly hurting the economy and 
affecting hundreds of thousands of American workers and their families.
  In the month since the tragedy of September 11, the leadership of the 
House has failed to bring up legislation to help those workers and to 
bring up legislation that would demonstrably increase security for the 
airlines. It seems to me that we must do that and do it quickly, Mr. 
Speaker.
  Therefore, I will ask for a ``no'' vote on the previous question in 
order that I might be able to offer an amendment to the rule. My 
amendment will provide that immediately after the House passes the 
antiterrorism bill, that it take up the airline safety bill drafted by 
the ranking member of the Committee on Transportation based on weeks of 
consultations with his counterparts in the majority and in the Senate. 
In addition, my amendment would bring this bill up under an open rule 
so that every Member can express their view about what needs to be 
done.
  It is true that this bill has not been available to Members so that 
they might know what it contains; but unlike the antiterrorism bill, it 
does not affect our civil liberties and our rights as American 
citizens. It does affect our safety and the safety of all Americans who 
fly. It does affect the ability of workers to reclaim their jobs lost 
as a result of the airline shutdown and the subsequent fall-off in 
traffic. This is the legislation we should rush to pass. The Senate 
passed it yesterday and the sooner we get it to the President's desk, 
the sooner the airline industry will be able to recover from the 
horrendous and heinous acts committed last month.
  Mr. Speaker, I urge a ``no'' vote on the previous question and a 
``no'' vote on the rule.
  I will include for the Record at this time the text of my amendment.
       Providing for consideration of the bill (H.R. 2975) to 
     combat terrorism, and for other purposes, and a bill relating 
     to the improvement of aviation security.

[[Page H6719]]

       Resolved, That upon the adoption of this resolution it 
     shall be in order without intervention of any point of order 
     to consider in the House the bill (H.R. 2975) to combat 
     terrorism, and for other purposes. The bill shall be 
     considered as read for amendment. In lieu of the amendment 
     recommended by the Committee on the Judiciary now printed in 
     the bill, an amendment in the nature of a substitute 
     consisting of the text of H.R. 3108 shall be considered as 
     adopted. All points of order against the bill, as amended, 
     are waived. The previous question shall be considered as 
     ordered on the bill, as amended, to final passage without 
     intervening motion except: (1) One hour of debate on the 
     bill, as amended, equally divided and controlled by the 
     chairman and ranking minority member of the Committee on the 
     Judiciary; and (2) one motion to commit with or without 
     instructions.
       Sec. 2. Immediately after disposition of H.R. 2975, the 
     Speaker shall declare the House resolved into the Committee 
     of the Whole House on the state of the Union for 
     consideration of a bill consisting of the text printed in 
     section 3. The first reading of the bill shall be dispensed 
     with. All points of order against consideration of the bill 
     are waived. General debate shall be confined to the bill and 
     shall not exceed one hour equally divided and controlled by 
     the chairman and ranking minority member of the Committee on 
     Transportation and Infrastructure. After general debate the 
     bill shall be considered for amendment under the five-minute 
     rule. The bill shall be considered as read. At the conclusion 
     of consideration of the bill for amendment the Committee 
     shall rise and report the bill to the House with such 
     amendments as may have been adopted. The previous question 
     shall be considered as ordered on the bill and amendments 
     thereto to final passage without intervening motion except 
     one motion to recommit with or without instructions.
       Sec. 3 [insert text here]

                                H.R. --

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; AMENDMENTS TO TITLE 49, UNITED STATES 
                   CODE.

       (a) Short Title.--This Act may be cited as the 
     ``Transportation Security Enhancement Act of 2001''.
       (b) Amendments to Title 49, United States Code.--Except as 
     otherwise specifically provided, whenever in this Act an 
     amendment or repeal is expressed in terms of an amendment to, 
     or repeal of, a section or other provision of law, the 
     reference shall be considered to be made to a section or 
     other provision of title 49, United States Code.

     SEC. 2. TRANSPORTATION SECURITY ADMINISTRATION.

       (a) In General.--Chapter 1 is amended by adding at the end 
     the following:

     ``Sec. 114. Transportation Security Administration

       ``(a) In General.--The Transportation Security 
     Administration shall be an administration of the Department 
     of Transportation.
       ``(b) Under Secretary.--
       ``(1) Appointment.--The head of the Administration shall be 
     the Under Secretary of Transportation for Security. The Under 
     Secretary shall be appointed by the President, by and with 
     the advice and consent of the Senate.
       ``(2) Qualifications.--The Under Secretary must--
       ``(A) be a citizen of the United States; and
       ``(B) have experience in a field directly related to 
     transportation or security.
       ``(3) Term.--The term of office of an individual appointed 
     as the Under Secretary shall be 5 years.
       ``(c) Limitation on Pecuniary Interests.--The Under 
     Secretary may not have a pecuniary interest in, or own stock 
     in or bonds of, a transportation or security enterprise, or 
     an enterprise that makes equipment that could be used for 
     security purposes.
       ``(d) Functions.--The Under Secretary shall be responsible 
     for security in all modes of transportation, including--
       ``(1) carrying out chapter 449, and section 40119, relating 
     to civil aviation security; and
       ``(2) security responsibilities over nonaviation modes of 
     transportation that are exercised by Administrations of the 
     Department of Transportation (other than the Federal Aviation 
     Administration).
       ``(e) Additional Duties and Powers.--In addition to 
     carrying out the functions specified in subsection (d), the 
     Under Secretary shall--
       ``(1) receive, assess, and distribute intelligence 
     information related to transportation security;
       ``(2) assess threats to transportation;
       ``(3) develop policies, strategies, and plans for dealing 
     with threats to transportation security;
       ``(4) make other plans related to transportation security, 
     including coordinating countermeasures with appropriate 
     departments, agencies, and instrumentalities of the United 
     States Government;
       ``(5) serve as the primary liaison for transportation 
     security to the intelligence and law enforcement communities;
       ``(6) on a day-to-day basis, manage and provide operational 
     guidance to the field security resources of the 
     Administration, including Federal Security Managers as 
     provided by section 44933;
       ``(7) enforce security-related regulations and 
     requirements;
       ``(8) identify and undertake research and development 
     activities necessary to enhance transportation security;
       ``(9) inspect, maintain, and test security facilities, 
     equipment, and systems;
       ``(10) ensure the adequacy of security measures for the 
     transportation of mail and cargo;
       ``(11) oversee the implementation, and ensure the adequacy, 
     of security measures at airports;
       ``(12) oversee the implementation, and ensure the adequacy, 
     of background checks for airport security screening 
     personnel, individuals with unescorted access to secure areas 
     of airports, and other transportation security personnel;
       ``(13) develop standards for the hiring, training, and 
     retention of airport security screening personnel; and
       ``(14) carry out such other duties, and exercise such other 
     powers, relating to transportation security as the Under 
     Secretary considers appropriate, to the extent authorized by 
     law.
       ``(f) Acquisitions.--
       ``(1) In general.--The Under Secretary is authorized--
       ``(A) to acquire (by purchase, lease, condemnation, or 
     otherwise) such real property, or any interest therein, 
     within and outside the continental United States, as the 
     Under Secretary considers necessary;
       ``(B) to acquire (by purchase, lease, condemnation, or 
     otherwise) and to construct, repair, operate, and maintain 
     such personal property (including office space and patents), 
     or any interest therein, within and outside the continental 
     United States, as the Under Secretary considers necessary;
       ``(C) to lease to others such real and personal property 
     and to provide by contract or otherwise for necessary 
     facilities for the welfare of employees of the Administration 
     and to acquire maintain and operate equipment for these 
     facilities;
       ``(D) to acquire (by purchase, lease, condemnation, or 
     otherwise) and to construct, repair, operate, and maintain 
     research and testing sites and facilities; and
       ``(E) in cooperation with the Administrator of the Federal 
     Aviation Administration and the heads of other 
     Administrations in the Department of Transportation, to 
     utilize the research and development facilities of those 
     Administrations, including the facilities of the Federal 
     Aviation Administration located in Atlantic City, New Jersey.
       ``(2) Title.--Title to any property or interest therein 
     acquired pursuant to this subsection shall be held by the 
     Government of the United States.
       ``(g) Transfers of Funds.--The Under Secretary is 
     authorized to accept transfers of unobligated balances and 
     unexpended balances of funds appropriated to other Federal 
     agencies (as such term is defined in section 551(1) of title 
     5) to carry out functions transferred, on or after the date 
     of enactment of this section, by law to the Under Secretary.
       ``(h) Regulations.--
       ``(1) In general.--The Under Secretary is authorized to 
     issue, rescind, and revise such regulations as are necessary 
     to carry out the functions of the Administration.
       ``(2) Factors to consider.--In determining whether to 
     issue, rescind, or a revise a regulation under this section, 
     the Under Secretary shall consider, as one factor in the 
     final determination, whether the costs of the regulation are 
     excessive in relation to the enhancement of security the 
     regulation will provide. In making such determination, the 
     Under Secretary shall not undertake a cost benefit analysis 
     that places a monetary value on human life or attempts to 
     estimate the number of lives that will be saved by the 
     regulation.
       ``(3) Limitation.--The Under Secretary shall not decide 
     against issuing a regulation under this section because the 
     regulation fails to satisfy a quantitative cost-benefit test.
       ``(4) Emergency procedures.--
       ``(A) In general.--Notwithstanding any other provision of 
     law or executive order (including an executive order 
     requiring a cost-benefit analysis) if the Under Secretary 
     determines that a regulation or security directive must be 
     issued immediately in order to protect transportation 
     security, the Under Secretary shall issue the regulation or 
     security directive without providing notice or an opportunity 
     for comment.
       ``(B) Review by transportation security oversight board.--
     Any regulation or security directive issued under this 
     paragraph shall remain effective unless disapproved by the 
     Transportation Security Oversight Board established under 
     section 44951 or rescinded by the Under Secretary.
       ``(i) Personnel and Services; Cooperation by Under 
     Secretary.--In carrying out the functions of the 
     Administration, the Under Secretary shall have the same 
     authority as is provided to the Administrator of the Federal 
     Aviation Administration under subsections (l) and (m) of 
     section 106.
       ``(j) Acquisition Management System.--The acquisition 
     management system established by the Administrator of the 
     Federal Aviation Administration under section 40110 shall 
     apply to acquisitions of equipment and materials by the 
     Transportation Security Administration, except that subject 
     to the requirements of such section, the Under Secretary may 
     make such modifications to the acquisition management system 
     with respect to such acquisitions of equipment and materials 
     as the Under Secretary considers appropriate.''.
       (b) Conforming Amendment.--The analysis for chapter 1 is 
     amended by adding at the end the following:


[[Page H6720]]


``114. Transportation Security Administration.''.

       (c) Position of Under Secretary in Executive Schedule.--
     Section 5313 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``The Under Secretary of Transportation for Security''.
       (d) References to FAA in Chapter 449.--Chapter 449 is 
     amended--
       (1) in section 44904(b)(5) by striking ``the 
     Administration'' and inserting ``the Transportation Security 
     Administration'';
       (2) in the second sentence of section 44913(a)(1) by 
     striking ``of the Administration'' and inserting ``of the 
     Transportation Security Administration'';
       (3) in section 44916(a)--
       (A) in the first sentence by striking ``Administrator'' and 
     inserting ``Under Secretary of Transportation for Security''; 
     and
       (B) in the second sentence by striking ``Administration'' 
     and inserting ``Transportation Security Administration'';
       (4) in each of sections 44933(a) and 44934(b) by striking 
     ``Assistant Administrator for Civil Aviation Security'' and 
     inserting ``Under Secretary'';
       (5) in section 44934(b)(1) by striking ``Assistant 
     Administrator'' and inserting ``Under Secretary'';
       (6) by striking sections 44931 and 44932 and the items 
     relating to such sections in the analysis for such chapter;
       (7) by striking ``Administrator'' each place it appears in 
     such chapter (except in subsections (f) and (h) of section 
     44936) and inserting ``Under Secretary'';
       (8) by striking ``Administrator's'' each place it appears 
     in such chapter and inserting ``Under Secretary's''; and
       (9) by striking ``of the Federal Aviation Administration'' 
     each place it appears in such chapter (except in section 
     44936(f)) and inserting ``of Transportation for Security''.

     SEC. 3. REVIEW AND RECOMMENDATION.

       (a) Commencement of Review.--Not later than 6 months after 
     the date of enactment of this Act, the President shall 
     commence a review of whether security would be enhanced by 
     transfer of the Transportation Security Administration to 
     another Department or Office in the United States Government.
       (b) Report.--Not later than 1 year after the date of 
     enactment, the President shall report to Congress on the 
     conclusions reached in the review and on recommendations for 
     any legislation needed to carry out a recommended change.

     SEC. 4. IMPROVED PASSENGER SCREENING PROCESS.

       Section 44901 of title 49, United States Code, is amended 
     to read as follows:

     ``Sec.  44901. Screening passengers and property

       ``(a) In General.--The Under Secretary of Transportation 
     for Security shall be responsible for the screening of all 
     passengers and property that will be carried in an aircraft 
     in air transportation or intrastate air transportation and 
     for issuing implementing regulations. The screening must take 
     place before boarding of such passengers and loading of 
     property and be carried out by security screening personnel 
     using equipment and processes approved for that purpose by 
     the Under Secretary.
       ``(b) Federal Security Screening Personnel.--Except as 
     provided in subsection (c), the Under Secretary shall carry 
     out the screening function under subsection (a) using--
       ``(1) employees of the Transportation Security 
     Administration who are citizens of the United States; or
       ``(2) employees of another department, agency, or 
     instrumentality of the United States Government who are 
     citizens of the United States, with the consent of the head 
     of the department, agency, or instrumentality.
       ``(c) Transition Period.--
       ``(1) In general.--As soon as practicable, but not later 
     than the last day of the 1-year period beginning on the date 
     of enactment of the Transportation Security Enhancement Act 
     of 2001, the Under Secretary shall carry out the screening 
     function under subsection (a) using solely Federal security 
     screening personnel described in subsection (b). In such 1-
     year period, screening functions may be performed by 
     personnel other than Federal security screening personnel 
     (including personnel provided by a contractor under an 
     agreement with the Under Secretary). During such 1-year 
     period, the Under Secretary shall begin to assign Federal 
     security screening personnel to airports as soon as 
     practicable.
       ``(2) Responsibilities of air carriers.--In the 1-year 
     period referred to in paragraph (1), until otherwise directed 
     by the Under Secretary, an air carrier, intrastate air 
     carrier, or foreign air carrier shall continue to carry out 
     the screening of passengers and their property in accordance 
     with the requirements of this section (including regulations 
     issued to carry out this section), as in effect on the day 
     before the date of enactment of the Transportation Security 
     Enhancement Act of 2001. During the period in which carriers 
     continue to be responsible for such screening, the Under 
     Secretary shall use Federal security screening personnel to 
     supplement the screening personnel provided by the carriers 
     and oversee the screening process as necessary to ensure the 
     safety and security of operations.
       ``(3) Assignment of contracts.--Upon request of the Under 
     Secretary, an air carrier, intrastate air carrier, or foreign 
     air carrier carrying out a screening function described in 
     subsection (a) may enter into an agreement with the Under 
     Secretary to transfer any contract the carrier has entered 
     into with respect to carrying out such function. In entering 
     into any such agreement, the Under Secretary shall include 
     such terms and conditions as are necessary to ensure that the 
     Under Secretary has the authority to oversee performance of 
     the contractor, to supervise personnel carrying out screening 
     at an airport, and to require the replacement of 
     unsatisfactory personnel.''.

     SEC. 5. SPECIAL PERSONNEL SYSTEM FOR SCREENERS.

       (a) Development.--The Under Secretary of Transportation for 
     Security shall develop a personnel system for screeners 
     employed by the Transportation Security Administration 
     governing such matters as their compensation and benefits and 
     the authority of the Administration to suspend or terminate 
     such employees.
       (b) Guiding Principles.--In developing the personnel 
     system, the Under Secretary--
       (1) shall not be required to follow laws and regulations 
     governing Federal civil service employees or other Federal 
     employees; and
       (2) shall be guided by the following principles:
       (A) the need to establish levels of compensation which will 
     attract employees with competence and expertise comparable to 
     other Federal inspectors and law enforcement personnel;
       (B) the need for the Administration to have suspension and 
     termination authority which will ensure that security will 
     not be compromised and that the screener work force will be 
     composed of employees with a high level of competence and 
     dedication to their responsibilities; and
       (C) the need for employees to be protected against 
     arbitrary or unsubstantiated decisions which result in the 
     permanent loss of their jobs; except that the Under Secretary 
     shall ensure that the procedures developed to protect 
     employees are consistent with the need to maintain security 
     at all times and, in establishing the procedures, shall 
     consider the procedures established in private sector firms 
     for employees with important safety and security 
     responsibilities.

     SEC. 6. SECURITY PROGRAMS.

       Section 44903(c) is amended--
       (1) in the first sentence of paragraph (1) by inserting 
     after ``at each of those airports'' the following: ``, 
     including at each location at those airports where passengers 
     are screened,'';
       (2) in paragraph (2)(C)(i) by striking ``shall issue an 
     amendment to air carrier security programs to require'' and 
     inserting ``shall require''; and
       (3) by adding at the end the following:
       ``(3) Annual review and approval.--On an annual basis, the 
     Administrator shall review, and approve or disapprove, the 
     security program of an airport operator.''.

     SEC. 7. EMPLOYMENT STANDARDS AND TRAINING.

       (a) Employment Standards.--Section 44935(a) is amended--
       (1) in the first sentence by inserting ``, personnel 
     (including Federal employees) who screen passengers and 
     property,'' after ``air carrier personnel'';
       (2) by striking ``and'' at the end of paragraph (4);
       (3) by striking the period at the end of paragraph (5) and 
     inserting a semicolon; and
       (4) by adding at the end the following:
       ``(6) citizenship requirements, including requirements 
     consistent with section 44901(b), when appropriate; and
       ``(7) minimum compensation levels, when appropriate.''.
       (b) Employment Standards for Screeners.--Section 44935 is 
     amended by adding at the end the following:
       ``(g) Training for All Screeners, Supervisors, and 
     Instructors.--
       ``(1) In general.--The Under Secretary shall require any 
     individual who screens passengers and property pursuant 
     section 44901, and the supervisors and instructors of such 
     individuals, to have satisfactorily completed all initial, 
     recurrent, and appropriate specialized training necessary to 
     ensure compliance with the requirements of this section.
       ``(2) On-the-job portion of screener's training.--
     Notwithstanding paragraph (1), the Under Secretary may permit 
     an individual, during the on-the-job portion of training, to 
     perform security functions if the individual is closely 
     supervised and does not make independent judgments as to 
     whether persons or property may enter secure areas or 
     aircraft or whether cargo or mail may be loaded aboard 
     aircraft without further inspection.
       ``(3) Effect of screener's failure of operation test.--The 
     Under Secretary may not allow an individual to perform a 
     screening function after the individual has failed an 
     operational test related to that function until the 
     individual has successfully completed remedial training.''.
       (c) Minimum Employment Standards for Screening Personnel.--
     Beginning on the 30th day following the date of enactment of 
     this Act, subject to subsection (d), the following 
     requirements, at a minimum, shall apply to an individual 
     (including a Federal employee) who screens passengers or 
     property, or both (in this subsection referred to as a 
     ``screener'').
       (1) Education.--A screener shall have a high school 
     diploma, a general equivalency diploma, or a combination of 
     education and experience that the Under Secretary has 
     determined to have equipped the individual to perform the 
     duties of the screening position.

[[Page H6721]]

       (2) Basic aptitudes and physical abilities.--A screener 
     shall have basic aptitudes and physical abilities (including 
     color perception, visual and aural acuity, physical 
     coordination, and motor skills) and shall have--
       (A) the ability to identify the components that may 
     constitute an explosive or an incendiary device;
       (B) the ability to identify objects that appear to match 
     those items described in all current regulations, security 
     directives, and emergency amendments;
       (C) for screeners operating X-ray and explosives detection 
     system equipment, the ability to distinguish on the equipment 
     monitors the appropriate images;
       (D) for screeners operating any screening equipment, the 
     ability to distinguish each color displayed on every type of 
     screening equipment and explain what each color signifies;
       (E) the ability to hear and respond to the spoken voice and 
     to audible alarms generated by screening equipment in an 
     active checkpoint or other screening environment;
       (F) for screeners performing manual searches or other 
     related operations, the ability to efficiently and thoroughly 
     manipulate and handle such baggage, containers, cargo, and 
     other objects subject to security processing;
       (G) for screeners performing manual searches of cargo, the 
     ability to use tools that allow for opening and closing 
     boxes, crates, or other common cargo packaging;
       (H) for screeners performing screening of cargo, the 
     ability to stop the transfer of suspect cargo onto passenger 
     air carriers; and
       (I) for screeners performing pat-down or hand-held metal 
     detector searches of persons, sufficient dexterity and 
     capability to thoroughly conduct those procedures over a 
     person's entire body.
       (3) Command of english language.--A screener shall be able 
     to read, speak, write, and understand the English language 
     well enough to--
       (A) carry out written and oral instructions regarding the 
     proper performance of screening duties;
       (B) read English language identification media, 
     credentials, airline tickets, documents, air waybills, 
     invoices, and labels on items normally encountered in the 
     screening process;
       (C) provide direction to and understand and answer 
     questions from English-speaking persons undergoing screening 
     or submitting cargo for screening; and
       (D) write incident reports and statements and log entries 
     into security records in the English language.
       (d) More Stringent Employment Standards.--The Under 
     Secretary of Transportation for Security has the authority to 
     impose at any time more stringent requirements to individuals 
     referred to in subsection (c) than those minimum requirements 
     in subsection (c).

     SEC. 8. DEPLOYMENT OF FEDERAL AIR MARSHALS.

       (a) In General.--Subchapter I of chapter 449 is amended by 
     adding at the end the following:

     ``Sec. 44917. Deployment of Federal air marshals

       ``(a) In General.--The Under Secretary of Transportation 
     for Security under the authority provided by section 44903(d) 
     shall--
       ``(1) provide for appropriate deployment of Federal air 
     marshals on passenger flights of air carriers in air 
     transportation or intrastate air transportation;
       ``(2) provide for appropriate background and fitness checks 
     for candidates for appointment as Federal air marshals;
       ``(3) provide for appropriate training, supervision, and 
     equipment of Federal air marshals;
       ``(4) require air carriers providing flights described in 
     paragraph (1) to provide seating for a Federal air marshal on 
     any such flight without regard to the availability of seats 
     on the flight;
       ``(5) establish procedures to ensure that Federal air 
     marshals are made aware of any armed or unarmed law 
     enforcement personnel on a flight;
       ``(6) establish a program to permit Federal, State, and 
     local law enforcement officers to be trained to participate 
     in the Federal air marshals program of the Administration as 
     volunteers when such officers are otherwise traveling in an 
     aircraft operated by an air carrier; and
       ``(7) in establishing the qualifications for positions as 
     Federal air marshals, establish a maximum age for initial 
     employment which is high enough to allow qualified retiring 
     law enforcement officials to fill such positions.
       ``(b) Flights in Foreign Air Transportation.--The Under 
     Secretary shall work with appropriate aeronautic authorities 
     of foreign governments under section 44907 to address 
     security concerns on passenger flights in foreign air 
     transportation.
       ``(c) Interim Measures.--Until the Under Secretary 
     completes implementation of subsection (a), the Under 
     Secretary may use, after consultation with the heads of other 
     Federal agencies and departments, personnel from those 
     agencies and departments, on a reimbursable or 
     nonreimbursable basis, to provide air marshal service.''.
       (b) Conforming Amendment.--The analysis for chapter 449 is 
     amended by adding after the item relating to section 44916 
     the following:

``44917. Deployment of Federal air marshals.''.

     SEC. 9. ENHANCED SECURITY MEASURES.

       (a) In General.--Subchapter I of chapter 449 is further 
     amended by adding at the end the following:

     ``Sec. 44918. Enhanced security measures

       ``(a) In General.--The Under Secretary of Transportation 
     shall take the following actions to enhance aviation 
     security:
       ``(1) After consultation with the Administrator of the 
     Federal Aviation Administration, develop and implement 
     methods to--
       ``(A) restrict the opening of a cockpit door during a 
     flight;
       ``(B) modify cockpit doors to deny access from the cabin to 
     the cockpit;
       ``(C) use video monitors or other devices to alert pilots 
     in the cockpit to activity in the cabin; and
       ``(D) ensure continuous operation of an aircraft 
     transponder in the event of an emergency.
       ``(2) Provide for the installation of technology in an 
     aircraft cabin to enable flight crews to discreetly notify 
     the pilots in the case of a security breach occurring in the 
     cabin.
       ``(3) Enhance security for secured areas of airports, 
     including--
       ``(A) requiring screening of all persons, vehicles, and 
     other equipment before entry into a secured area;
       ``(B) requiring catering companies and other companies 
     whose employees have access to a secured area to develop 
     security programs;
       ``(C) requiring that all persons, including persons who are 
     accompanied by persons holding an identification card, 
     seeking access to a secured areas be issued identification 
     cards, following background checks, criminal history record 
     checks, and checks of Federal security databases;
       ``(D) revalidating approvals of all persons previously 
     authorized to entered a secured area, including full 
     background and criminal history record checks and checks of 
     Federal security databases;
       ``(E) maximizing use of enhanced technology, such as 
     biometrics, to positively verify the identity of persons 
     entering a secured area; and
       ``(F) improving procedures to ensure that identification 
     cards which are revoked cannot be utilized.
       ``(4) Develop alternative sources of explosive detection 
     equipment for screening baggage, mail, and cargo and maximize 
     the use of such equipment by ensuring that equipment already 
     installed at an airport is used to its full capacity and by 
     developing and implementing a program to purchase additional 
     equipment so that, not later than 3 years after the date of 
     enactment of this section, all baggage, mail, and cargo will 
     be inspected by such equipment.
       ``(5) Establish a uniform system of identification for all 
     State and local law enforcement personnel to use in obtaining 
     permission to carry weapons in aircraft cabins and in 
     obtaining access to a secured area of an airport.
       ``(6) Work with intelligence and law enforcement agencies 
     to develop procedures to ensure that air carrier and airport 
     systems have necessary law enforcement and national security 
     intelligence data, to enhance the effectiveness of their 
     security programs.
       ``(7) Ensure that the Computer Assisted Passenger Pre-
     Screening System of the Transportation Security 
     Administration includes necessary intelligence information, 
     is used to evaluate all passengers before they board an 
     aircraft, and includes procedures to ensure that selectees of 
     such system and their carry-on and checked baggage are 
     adequately screened.
       ``(8) Restrict carry-on baggage to one piece of carry-on 
     baggage, plus one personal item, per passenger (including 
     children under the age of 2); except exempt any child safety 
     seat to be used during a flight to restrain a child passenger 
     under 40 pounds or 40 inches and any assistive device for a 
     disabled passenger.
       ``(9) After consultation with the Administrator of the 
     Federal Aviation Administration, develop procedures and 
     authorize equipment for flight crews and cabin crews to use 
     to defend an aircraft against acts of violence or piracy.
       ``(10) Develop realistic crew training programs as follows:
       ``(A) No later than 30 days after the date of enactment of 
     this paragraph and in consultation with the Federal Aviation 
     Administration, appropriate law enforcement, security, and 
     terrorism experts, and air carrier, pilot, and flight 
     attendant representatives, develop a realistic crew training 
     program to prepare crew members for current threat 
     conditions.
       ``(B) Require air carriers to train all crew members not 
     later than 60 days after such date of enactment.
       ``(C) Required crew training shall include, but not be 
     limited to--
       ``(i) determination of the seriousness of any occurrence;
       ``(ii) crew communication and coordination;
       ``(iii) self-defense;
       ``(iv) use of Transportation Security Administration 
     approved protection devices assigned to crewmembers, 
     including appropriate certifications for use of such devices; 
     and
       ``(v) psychology of terrorism to cope with hijacker 
     behavior and passenger reaction.
       ``(D) Develop a plan for updating the training program and 
     retraining crew members as each new security threat becomes 
     known.
       ``(11) Require training of gate, ticket, and curbside 
     agents to respond appropriately

[[Page H6722]]

     when the system referred to in paragraph (7) identifies a 
     passenger as a threat to security.
       ``(12) Establish a toll-free telephone number for air 
     carrier and airport employees and their customers to use to 
     report instances of inadequate security.
       ``(13) Require effective 911 emergency call capabilities 
     for telephones serving passenger aircraft and trains.
       ``(14) In consultation with the Federal Aviation 
     Administration, require that all pilot licenses incorporate a 
     photograph of the license holder and appropriate biometric 
     imprints.
       ``(15) Provide for background checks, criminal history 
     record checks, and checks against Federal security data bases 
     of individuals seeking instruction in flying aircraft that 
     weigh more than 12,500 pounds.
       ``(16) Require training of employees of a flight school to 
     recognize suspicious circumstances and activities for 
     individuals enrolling in or attending flight school and to 
     notify the Administration.
       ``(b) Report.--Not later than 6 months after the date of 
     enactment of this section, and annually thereafter, the Under 
     Secretary shall transmit to Congress a report on the progress 
     of the Under Secretary in evaluating and taking actions under 
     subsection (a), including any legislative recommendations 
     that the Under Secretary may have for enhancing 
     transportation security.''.
       (b) Conforming Amendment.--The analysis for chapter 449 is 
     amended by inserting after the item relating to section 44917 
     the following:

``44918. Enhanced security measures.''.

       (c) Repeal of Existing Reporting Requirement.--
       (1) In general.--Section 44938 is amended--
       (A) in the section heading by striking ``Reports'' and 
     inserting ``Report''; and
       (B) by striking ``(a) Transportation Security.--'' and all 
     that follows through ``(b) Screening and Foreign Air Carrier 
     and Airport Security.--The Administrator'' and inserting 
     ``The Under Secretary of Transportation for Security''.
       (2) Chapter analysis.--The analysis for chapter 449 is 
     amended by striking the item relating section 44938 and 
     inserting the following:

``44938. Report.''.

     SEC. 10. CRIMINAL HISTORY RECORD CHECK FOR SCREENERS AND 
                   OTHERS.

       Section 44936(a) is amended--
       (1) in paragraph (1)(E)(iv)(II) by striking the period at 
     the end and inserting ``; except that at such an airport, the 
     airport operator, air carriers, and screening companies may 
     elect to implement the requirements of this subparagraph in 
     advance of the effective date if the Under Secretary approves 
     of such early implementation and if the airport operator, air 
     carriers, and screening companies amend their security 
     programs to conform those programs to the requirements of 
     this subparagraph.''; and
       (2) in paragraph (2) by striking ``or airport operator'' 
     and inserting ``airport operator, or screening company''.

     SEC. 11. PASSENGER AND BAGGAGE SCREENING FEE.

       (a) In General.--Subchapter II of chapter 449 is amended by 
     adding at the end the following:

     ``Sec. 44939. Passenger and baggage screening fee

       ``(a) General Authority.--
       ``(1) Passenger fees.--The Under Secretary of 
     Transportation for Security shall impose a fee on passengers 
     in air transportation and intrastate air transportation to 
     pay for the costs of the screening of passengers and property 
     pursuant to section 44901(d). Such costs include salaries and 
     expenses, training, and equipment acquisition, operation, and 
     maintenance.
       ``(2) Air carrier fees.--
       ``(A) Authority.--In addition to the fee imposed pursuant 
     to paragraph (1), the Under Secretary may impose a fee on air 
     carriers to pay for the costs of providing security for air 
     carriers and their passengers and crews.
       ``(B) Limitation.--The amounts of fees collected under this 
     paragraph may not exceed, in the aggregate, the amounts paid 
     in calendar year 2000 by air carriers for security described 
     in paragraph (1), adjusted for inflation.
       ``(b) Schedule of Fees.--In imposing fees under subsection 
     (a), the Under Secretary shall ensure that the fees are 
     directly related to the Transportation Security 
     Administration's costs of providing services rendered.
       ``(c) Limitation on Fee.--Fees imposed under subsection 
     (a)(1) may not exceed $2.50 on a 1-way trip in air 
     transportation or intrastate air transportation.
       ``(d) Imposition of Fee.--
       ``(1) In general.--Notwithstanding the procedural 
     requirements of section 553 of title 5, the Under Secretary 
     shall impose the fee under subsection (a)(1), and may impose 
     a fee under subsection (a)(2), through the publication of 
     notice of such fee in the Federal Register and begin 
     collection of the fee within 60 days of the date of enactment 
     of this Act, or as soon as possible thereafter.
       ``(2) Subsequent rulemaking.--After imposing a fee in 
     accordance with paragraph (1), the Under Secretary shall 
     conduct a rulemaking proceeding on imposition and collection 
     of the fee in accordance with the requirements of section 553 
     of title 5 and shall issue a final rule to continue or modify 
     imposition or collection of the fee, or both.
       ``(e) Fees Payable to Under Secretary.--All fees imposed 
     and amounts collected under this section are payable to the 
     Under Secretary of Transportation for Security.
       ``(f) Receipts Credited to Account.--Notwithstanding 
     section 3302 of title 31, any fee collected under this 
     section--
       ``(1) shall be credited to a separate account established 
     in the Treasury;
       ``(2) shall be available immediately for expenditure but 
     only to pay the costs of activities and services for which 
     the fee is imposed; and
       ``(3) shall remain available until expended.
       ``(g) Refunds.--The Under Secretary may refund any fee paid 
     by mistake or any amount paid in excess of that required.''.
       (b) Conforming Amendment.--The analysis for chapter 449 is 
     amended by adding after the item relating to section 44938 
     the following:

``44939. Passenger and baggage screening fee.''.

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS FOR OPERATIONS.

       (a) In General.--Subchapter II of chapter 449 is further 
     amended by adding at the end the following:

     ``Sec. 44940. Authorization of appropriations for operations

       ``(a) Operations of Transportation Security 
     Administration.--There are authorized to be appropriated such 
     sums as may be necessary for the operations of the 
     Transportation Security Administration, including the 
     functions of the Administration under section 44901(d) if the 
     fees imposed under section 44939 are insufficient to cover 
     the costs of such functions.
       ``(b) Aircraft Security.--There is authorized to be 
     appropriated $500,000,000 to the Secretary of Transportation 
     to make grants to air carriers to (1) modify cockpit doors to 
     deny access from the cabin to the pilots in the cockpit, (2) 
     use video monitors or other devices to alert the cockpit crew 
     to activity in the passenger cabin, and (3) ensure continuous 
     operation of the aircraft transponder in the event the crew 
     faces an emergency. Such sums shall remain available until 
     expended.
       ``(c) Airport Security.--There is authorized to be 
     appropriated $500,000,000 for fiscal year 2002 to the 
     Secretary to reimburse airport operators for direct costs 
     that such operators incurred to comply with new, additional, 
     or revised security requirements imposed on airport operators 
     by the Federal Aviation Administration on or after September 
     11, 2001. Such sums shall remain available until expended.''.
       (b) Conforming Amendment.--The analysis for chapter 449 is 
     amended by adding after the item relating to section 44939 
     the following:

``44940. Authorization of appropriations for operations.''.

       (c) Security Facility Fees.--Section 40117 is amended by 
     adding at the end the following:
       ``(l) Increased Security.--
       ``(1) In general.--The Secretary may authorize an eligible 
     agency to impose an additional security facility fee of up to 
     $1 on each paying passenger of an air carrier or foreign air 
     carrier boarding an aircraft at an airport the agency 
     controls, to reimburse the agency for direct costs the agency 
     incurs to comply with new, additional, or revised security 
     requirements imposed on airport operators by the Federal 
     Aviation Administration on and after September 11, 2001.
       ``(2) Procedures.--Notwithstanding any provisions of this 
     section, the Secretary shall develop special procedures for 
     approval of any application under this subsection which will 
     promptly authorize a fee under this subsection if there is a 
     reasonable basis for concluding that an agency is likely to 
     incur increased costs for security requirements which justify 
     the fee.''.

     SEC. 13. TRANSPORTATION SECURITY OVERSIGHT BOARD.

       (a) In General.--Chapter 449 is amended by adding at the 
     end the following:

       ``SUBCHAPTER III--TRANSPORTATION SECURITY OVERSIGHT BOARD

     ``Sec. 44951. Transportation Security Oversight Board

       ``(a) In General.--There is established a board to be known 
     as a `Transportation Security Oversight Board'.
       ``(b) Membership.--
       ``(1) Number and appointment.--The Board shall be composed 
     of 5 members as follows:
       ``(A) The Secretary of Transportation (or the Secretary's 
     designee).
       ``(B) The Attorney General (or the Attorney General's 
     designee).
       ``(C) The Secretary of the Treasury (or the Secretary's 
     designee).
       ``(D) The Secretary of Defense (or the Secretary's 
     designee).
       ``(E) One member appointed by the President to represent 
     the National Security Council or the Office of Homeland 
     Security.
       ``(2) Chairperson.--The Chairperson of the Board shall be 
     the Secretary of Transportation.
       ``(c) Duties.--The Board shall--
       ``(1) review any regulation or security directive issued by 
     the Under Secretary of Transportation for security under 
     section 114(h)(4) within 30 days after the date of issuance 
     of such regulation or directive;
       ``(2) share intelligence information with the Under 
     Secretary;
       ``(3) review--
       ``(A) plans for transportation security;
       ``(B) standards established for performance of airport 
     security screening personnel;

[[Page H6723]]

       ``(C) compensation being paid to airport security screening 
     personnel;
       ``(D) procurement of security equipment;
       ``(E) selection, performance, and compensation of senior 
     executives in the Transportation Security Administration; and
       ``(F) budget requests of the Under Secretary; and
       ``(4) make recommendations to the Under Secretary regarding 
     matters reviewed under paragraph (3).
       ``(d) Quarterly Meetings.--The Board shall meet at least 
     quarterly.
       ``(e) Consideration of Security Information.--A majority of 
     the Board may vote to close a meeting of the Board to the 
     public when classified security information will be 
     discussed.

     ``Sec. 44952. Advisory council

       ``(a) Establishment.--The Under Secretary of Transportation 
     for Security shall establish an advisory council to be known 
     as the `Transportation Security Advisory Council'.
       ``(b) Membership.--The Council shall be composed of members 
     appointed by the Under Secretary to represent all modes of 
     transportation, transportation labor, organizations 
     representing families of victims of transportation disasters, 
     and other entities affected or involved in the transportation 
     security process.
       ``(c) Duties.--The Council shall provide advice and counsel 
     to the Under Secretary on issues which affect or are affected 
     by the operations of the Transportation Security 
     Administration. The Council shall function as a resource for 
     management, policy, spending, and regulatory matters under 
     the jurisdiction of the Transportation Security 
     Administration.
       ``(d) Administrative Matters.--
       ``(1) Meetings.--The Council shall meet on a regular and 
     periodic basis or at the call of the Chairperson or the Under 
     Secretary.
       ``(2) Access to documents and staff.--The Under Secretary 
     may give the Council appropriate access to relevant documents 
     and personnel of the Administration, and the Under Secretary 
     shall make available, consistent with the authority to 
     withhold commercial and other proprietary information under 
     section 552 of title 5 (commonly known as the `Freedom of 
     Information Act'), cost data associated with the acquisition 
     and operation of security screening equipment. Any member of 
     the Council who receives commercial or other proprietary data 
     from the Under Secretary shall be subject to the provisions 
     of section 1905 of title 18, pertaining to unauthorized 
     disclosure of such information.
       ``(3) Chairperson and vice chairperson.--The Council shall 
     elect a Chairperson and a Vice Chairperson from among the 
     members, each of whom shall serve for a term of 2 years. The 
     Vice Chairperson shall perform the duties of the Chairperson 
     in the absence of the Chairperson.
       ``(4) Travel and per diem.--Each member of the Council 
     shall be paid actual travel expenses, and per diem in lieu of 
     subsistence expenses when away from his or her usual place of 
     residence, in accordance with section 5703 of title 5.
       ``(5) Detail of personnel from the administration.--The 
     Under Secretary shall make available to the Council such 
     staff, information, and administrative services and 
     assistance as may reasonably be required to enable the 
     Council to carry out its responsibilities under this section.
       ``(e) Federal Advisory Committee Act Not To Apply.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) does not apply 
     to the Council.''.
       (b) Conforming Amendment.--The analysis for chapter 449 is 
     amended by adding at the end the following:

       ``SUBCHAPTER III--TRANSPORTATION SECURITY OVERSIGHT BOARD

``44951. Transportation Security Oversight Board.
``44952. Advisory council.''.

     SEC. 14. AUTHORITY OF THE INSPECTOR GENERAL.

       (a) In General.--As provided by the Inspector General Act 
     (5 U.S.C. App.) and other applicable statutes, the Inspector 
     General of the Department of Transportation (in addition such 
     other authority as the Inspector General may have) shall have 
     authority to conduct the following:
       (1) Audits of the Transportation Security Administration's 
     programs, operations, and activities.
       (2) Criminal investigations of alleged violations of 
     Federal laws or Department of Transportation regulations 
     pertaining to aviation and other modes transportation 
     security.
       (3) Investigations into waste, fraud, abuse, and any other 
     allegations involving wrongdoing within the Administration.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, and periodically thereafter, the 
     Inspector General shall report to Congress on the 
     implementation, efficiency, and effectiveness of the 
     Administration's programs, operations, and activities. The 
     report shall focus on the Administration's main programs and 
     contain recommendations, as necessary, for further 
     legislation.

     SEC. 15. TECHNICAL CORRECTION.

       Section 106(a) of the Air Transportation Safety and System 
     Stabilization Act (P.L. 107-42) is amended by striking 
     ``February 1, 2001'' and inserting ``February 1, 2002''.

     SEC. 16. ALCOHOL AND CONTROLLED SUBSTANCE TESTING.

       Chapter 451 is amended--
       (1) by striking ``contract personnel'' each place it 
     appears and inserting ``personnel'';
       (2) by striking ``contract employee'' each place it appears 
     and inserting ``employee'';
       (3) in section 45106(c) by striking ``contract employees'' 
     and inserting ``employees'';
       (4) by inserting after section 45106 the following:

     ``Sec. 45107. Transportation security administration

       ``(a) Transfer of Functions Relating to Testing Programs 
     With Respect to Airport Security Screening Personnel.--The 
     authority of the Administrator of the Federal Aviation 
     Administration under this chapter with respect to programs 
     relating to testing of airport security screening personnel 
     are transferred to the Under Secretary of Transportation for 
     Security. Notwithstanding section 45102(a), the regulations 
     prescribed under section 45102(a) shall require testing of 
     such personnel by their employers instead of by air carriers 
     and foreign air carriers.
       ``(b) Applicability of Chapter With Respect to Employees of 
     Administration.--The provisions of this chapter that apply 
     with respect to employees of the Federal Aviation 
     Administration whose duties include responsibility for 
     safety-sensitive functions shall apply with respect to 
     employees of the Transportation Security Administration whose 
     duties include responsibility for security-sensitive 
     functions. The Under Secretary of Transportation for 
     Security, the Transportation Security Administration, and 
     employees of the Transportation Security Administration whose 
     duties include responsibility for security-sensitive 
     functions shall be subject to and comply with such provisions 
     in the same manner and to the same extent as the 
     Administrator of the Federal Aviation Administration, the 
     Federal Aviation Administration, and employees of the Federal 
     Aviation Administration whose duties include responsibility 
     for safety-sensitive functions, respectively.''; and
       (5) in the analysis for such chapter by inserting after the 
     item relating to section 45106 the following:

``45107. Transportation Security Administration''.

     SEC. 17. CONFORMING AMENDMENTS TO SUBTITLE VII.

       (a) Records of Employment of Pilot Applicants.--Part A of 
     subtitle VII is amended--
       (1) by moving subsections (f), (g), and (h) of section 
     44936 from section 44936, inserting them at the end of 
     section 44703, and redesignating them as subsections (h), 
     (i), and (j), respectively; and
       (2) in subsections (i) and (j) of section 44703 (as moved 
     to the end of section 44703 by paragraph (1) of this 
     subsection), by striking ``subsection (f)'' each place it 
     appears and inserting ``subsection (h)''.
       (b) Investigations and Procedures.--Chapter 461 is 
     amended--
       (1) in each of sections 46101(a)(1), 46102(a), 46103(a), 
     46104(a), 46105(a), 46106, 46107(b), and 46110(a) by 
     inserting after ``(or'' the following: ``the Under Secretary 
     of Transportation for Security with respect to security 
     duties and powers designated to be carried out by the Under 
     Secretary or'';
       (2) by striking ``or Administrator'' each place it appears 
     and inserting ``, Under Secretary, or Administrator'';
       (3) in section 46101(a)(2) by striking ``of Transportation 
     or the'' and inserting ``, Under Secretary, or'';
       (4) in section 46102(b) by striking ``and the 
     Administrator'' and inserting ``, the Under Secretary, and 
     the Administrator'';
       (5) in section 46102(c) by striking ``and Administrator'' 
     each place it appears and inserting ``, Under Secretary, and 
     Administrator'';
       (6) in each of sections 46102(d) and 46104(b) by inserting 
     ``the Under Secretary,'' after ``Secretary,'';
       (7) in the heading to section 46106 by striking ``Secretary 
     of Transportation and Administrator of the Federal Aviation 
     Administration'' and inserting ``Department of 
     Transportation''; and
       (8) in the item relating to section 46106 of the analysis 
     for such chapter by striking ``Secretary of Transportation 
     and Administrator of the Federal Aviation Administration'' 
     and inserting ``Department of Transportation''.
       (c) Administrative.--Section 40113 is amended--
       (1) in subsection (a)--
       (A) by inserting after ``(or'' the following: ``the Under 
     Secretary of Transportation for Security with respect to 
     security duties and powers designated to be carried out by 
     the Under Secretary or''; and
       (B) by striking ``or Administrator'' and inserting ``, 
     Under Secretary, or Administrator''; and
       (2) in subsection (d)--
       (A) by inserting after ``The'' the following: ``Under 
     Secretary of Transportation for Security or the'';
       (B) by striking ``Administration'' the second place it 
     appears and inserting ``Transportation Security 
     Administration or Federal Aviation Administration, as the 
     case may be,''; and
       (C) by striking ``the Administrator decides'' and inserting 
     ``the Under Secretary or Administrator, as the case may be, 
     decides''.
       (d) Penalties.--Chapter 463 is amended--
       (1) in section 46301(d)(2)--
       (A) by striking ``, chapter 449 (except sections 44902, 
     44903(d), 44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 44908, and 
     44909),'';

[[Page H6724]]

       (B) by inserting after the first sentence the following: 
     ``The Under Secretary of Transportation for Security may 
     impose a civil penalty for a violation of chapter 449 (except 
     sections 44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-
     (f), 44908, and 44909) or a regulation prescribed or order 
     issued under such chapter 449.''; and
       (C) by inserting ``Under Secretary or'' before 
     ``Administrator shall'';
       (2) in each of paragraphs (3) and (4) of section 46301(d) 
     by striking ``Administrator'' each place it appears and 
     inserting ``Under Secretary or Administrator'';
       (3) in section 46301(d)(8) by striking ``Administrator'' 
     and inserting ``Under Secretary, Administrator,'';
       (4) in section 46301(h)(2) by inserting after ``(or'' the 
     following: ``the Under Secretary of Transportation for 
     Security with respect to security duties and powers 
     designated to be carried out by the Under Secretary or'';
       (5) in section 46311--
       (A) by inserting after ``Transportation,'' the following: 
     ``the Under Secretary of Transportation for Security with 
     respect to security duties and powers designated to be 
     carried out by the Under Secretary,'';
       (B) by inserting after ``Secretary,'' each place it appears 
     the following: ``Under Secretary,''; and
       (C) by striking ``or Administrator'' each place it appears 
     and inserting ``, Under Secretary, or Administrator''; and
       (6) in each of sections 46313 and 46316 by inserting after 
     ``(or'' the following: ``the Under Secretary of 
     Transportation for Security with respect to security duties 
     and powers designated to be carried out by the Under 
     Secretary or''.

  Mr. Speaker, I yield back the balance of my time.
  Mr. DIAZ-BALART. Mr. Speaker, I yield 2 minutes to the gentleman from 
North Carolina (Mr. Coble).
  Mr. COBLE. Mr. Speaker, I thank the gentleman for yielding me time.
  Mr. Speaker, in the aftermath of the merciless attack of 11 
September, there were two schools of thought. One group said, let us 
bomb someone or somebody immediately. Another school urged, do nothing, 
and then perhaps these messengers of evil will simply go away. Neither 
of these schools of thought, in my opinion, Mr. Speaker, was sound.
  If this legislation is enacted today, and I intend to support it, 
will it preclude subsequent attacks? I know not. But I do know it will 
afford our law enforcement and intelligence arms more flexibility. What 
was in place on 11 September of this year obviously was not sufficient.
  Who are these terrorists? Messengers of evil driven by fanaticism. 
They are well-financed, brilliant operatives, as evidenced by the 
attack in New York and the attack here and the ditching of the plane in 
Pennsylvania. Brilliant indeed who have no regard for human life, 
innocent human life, if you will. Forget about the military for the 
moment. They attacked innocent bystanders. They would just as soon slay 
them as they would an armed soldier or an armed guardman.
  They had a choice, Mr. Speaker, the Taliban, the terrorists. They 
were given a choice: surrender these messengers of evil, these thugs 
who are financed through the production and trafficking of heroin, 
which I call rat poison, or if you do not do that, they were told, 
suffer the consequences, because in the alternative, we will respond. 
As President Bush so eloquently said at the Pentagon memorial service 
yesterday, they chose unwisely.
  The time is now. I commend the chairman for having done good work on 
this, and I commend the Committee on Rules as well. I urge support for 
the rule and support for final passage.
  Mr. DIAZ-BALART. Mr. Speaker, I yield 3 minutes to the distinguished 
gentleman from Michigan (Mr. Rogers).
  Mr. ROGERS of Michigan. Mr. Speaker, I commend the gentleman from 
Wisconsin (Mr. Sensenbrenner), the chairman of the Committee on the 
Judiciary, for some very fine work.
  I stand here today, Mr. Speaker, a little bit saddened at the finger 
pointing by the minority leader and accusation of partisanship. I too 
had issues with the bill and was eager to work with both parties on 
many differences that we had over the very short course of time to give 
our law enforcement the tools to be successful. We won some; we lost 
some. There was no speed to partisanship, but there was a sense of 
urgency in what we must do in this Chamber. We can argue and debate and 
negotiate, but at the end of the day, a decision must be made.
  I stood with those FBI agents for nearly 6 years, and I understood, 
and it became very clear to me, that we were fighting a war with 1970s 
tools in a war that now is into the 21st century; a very different kind 
of place, a very different kind of terrorist, a very different kind of 
sophistication. They have stolen, Mr. Speaker, more than just the lives 
of American citizens. They have stolen the innocence of a whole 
generation of Americans.
  My daughter just recently, who during her entire 7 years told me that 
she was going to be a teacher, and that is what she wanted to be more 
than anything, was to be a teacher. And every time my wife and I had 
that conversation, she reiterated without pausing that she wanted to be 
a teacher. Until just recently, she came to me and said, Dad, 
unprovoked by me, I want to be President of the United States. And I 
asked her why, and she said because I want to make the rules so that 
bad people cannot hurt my friends in my neighborhood.
  There has been a lot lost here, Mr. Speaker. It is more than process 
and negotiation and a rule which, to the vast majority of Americans, 
quite frankly, means nothing. What we have to do, and I have seen the 
panic in the eyes of the agents of the FBI today, who are asking for 
the tools of the 21st century to help them stop and disrupt what we 
know is coming to the United States of America. I am saddened because 
we ought to stand together and say, yes, we can improve on some things, 
and yes, we ought to have a money-laundering provision. But today, let 
us give those agents the tools they need to protect the next generation 
of Americans, to protect the Americans that are out there today. Let us 
untie the one hand behind their back and let them do what they will do 
best: protect America.
  Mr. Speaker, this is not about partisanship, and this is not about 
trying to get somebody's way; this is about protecting America. We have 
to make a decision. Vote for this rule and make it happen. Let me go 
home this weekend and look my daughter in the eye and say, you are not 
going to have to run for President, ma'am, unless you want to, because 
we have done all that we can do to make sure that you can grow up to be 
anything that you want.
  Pass this rule. Let us get on with it. Give them the tools that they 
need to be successful.
  Mr. DIAZ-BALART. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Georgia (Mr. Kingston).
  Mr. KINGSTON. Mr. Speaker, I just want to address some comments made 
by my good friend from Ohio about the Osama bin Laden al-Qaeda 
organization and our policy in the Middle East. Osama bin Laden kind of 
backed into the Palestinian situation saying, this is going to continue 
to happen as long as America continues to support Israel.
  That is not what this is all about. Osama bin Laden is an evil man, 
as are his followers. To say that this is part of the Palestinian 
situation, he is backing into that by convenience; otherwise, Yasser 
Arafat would be saying, yes, we are in this too, this is a good thing. 
They are not embracing this policy of killing innocent Americans in 
their workplace and hijacking airplanes.
  I think it is very important for us to say, we are going to continue 
to stand with our ally, Israel. We are going to continue to work for 
peace in the Middle East, and we are not going to let a mad man and a 
terrorist organization say that we somehow are guilty; therefore, our 
people should be punished and killed in the workplace because of a 
Middle Eastern policy that we are trying to work for.
  I just wanted to make sure somebody addressed that, Mr. Speaker.
  Mr. DIAZ-BALART. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I commend the gentleman from Wisconsin (Mr. 
Sensenbrenner). I think he has done a wonderful job for bringing forth 
this legislation. I want to thank my colleagues on the Committee on 
Rules; we worked long hours today beginning early in the morning on 
this. This bill is a compromise between the Senate's bipartisan 
legislation and our bipartisan legislation. I think it is a good piece 
of legislation that should be passed. In order for it to get to the 
floor, I would urge my colleagues to pass the rule.
  I would point out that yesterday, not 1 month ago, yesterday, the FBI 
issued a statement informing all Americans

[[Page H6725]]

that the Nation is at risk of another attack at any time. The 
legislation before us, in effect, provides law enforcement with tools 
to try to prevent another attack. I would respectfully urge my 
colleagues who have expressed disagreement with the legislation to not 
compare this bill, which is a reasonable bill providing reasonable 
tools for law enforcement, with excesses that have occurred at other 
points in history in the past. This bill is not one of excesses; it is 
one of reasonable tools for law enforcement.
  For example, grand jury information; information that is garnered, 
that is obtained by a grand jury with regard to terrorists, this bill, 
the compromise before us today, permits that information to be shared 
with the FBI. That is the kind of reasonable measure that we need in 
order to prevent further attacks in the future. With regard to the 
standards to detain and charge a terrorist, if there are reasonable 
grounds to believe that the person being harbored will commit a 
terrorist act, then that person can be detained.

                              {time}  1330

  The bill that was previously passed by the Committee on the Judiciary 
had a standard which I believe was not reasonable. It said that someone 
had to have committed or was about to commit, has committed or is about 
to commit, a terrorist act. It almost required the commission of the 
terrorist act before the terrorist could be detained.
  With regard to immigration, someone from another country, a 
noncitizen, could be detained under this legislation for 7 days. Then 
he either has to be charged or released. That is a reasonable measure.
  The sunset issue was brought out with regard to the legislation. The 
Senate has no sunset. The original legislation that came out of the 
Committee on the Judiciary had a 2-year sunset. The compromise 
legislation before us today has a 3-year sunset, with 2 more possible 
years if there is a Presidential certification of need, for a total 
period of 5 years. Then there is a sunset.
  So again, these are reasonable steps to give tools to law enforcement 
to try to at least have them have this government do everything 
possible to avoid another September 11. That is what we are dealing 
with today.
  So I urge my colleagues to support this rule to bring forth the 
legislation and to support this legislation so that we, at least, can 
know that we have done everything possible at this time to prevent 
another tragedy. Mr. Speaker, I urge the adoption of this resolution, 
as well as a favorable vote on the underlying legislation.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, the bill before us today is 
the Senate version, S. 1510, that dangerously and unfairly challenges 
our parliamentary procedures and spirit of bi-partisanship that has 
existed thus far in the lengthy negotiations on this bill in the House.
  The Senate version closely parallels the administration's proposal, 
containing a number of proposals that, frankly, are offensive to the 
36-0 bi-partisan version reported out of the House Judiciary Committee. 
For example, the Senate version fails to include an essential two-year 
sunset provision that is in the House version that was crucial to the 
delicate compromise that was struck by Members from both sides of the 
aisle in the House Judiciary Committee.
  This process is flawed and unfair. In the Senate, the bill bypassed 
the Judiciary Committee entirely, going straight to the floor. There, 
several key amendments, including three by Senator Feingold which would 
have provided greater protections of our civil liberties, were tabled.
  Today, it is patently clear that the goal of this process is to 
completely avoid a conference on the important legislation. In the 
House, this process has shut out many House Judiciary Members who were 
instrumental in the pre-conferencing of the bill. The closed rule 
reported out of the Rules Committee this morning effectively destroys 
the work and efforts of the entire House Judiciary Committee and forces 
upon its Members a version of this legislation which fails to address 
the hopes and concerns of millions of Americans from across this great 
Nation.
  This is a travesty of process and justice of monumental proportions.
  Mr. DIAZ-BALART. Mr. Speaker, I move the previous question on the 
resolution.
  The SPEAKER pro tempore (Mr. LaHood). The question is on ordering the 
previous question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Ms. SLAUGHTER. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 215, 
nays 207, not voting 8, as follows:

                             [Roll No. 383]

                               YEAS--215

     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Bartlett
     Bass
     Bereuter
     Biggert
     Bilirakis
     Boehlert
     Boehner
     Bonilla
     Bono
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Combest
     Cooksey
     Cox
     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
     Fossella
     Frelinghuysen
     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
     Hefley
     Herger
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCrery
     McInnis
     McKeon
     Mica
     Miller, Gary
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reynolds
     Riley
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stump
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Traficant
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--207

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank
     Frost
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Gutierrez
     Hall (OH)
     Harman
     Hastings (FL)
     Hill
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mink
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez

[[Page H6726]]


     Roemer
     Ross
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Shows
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--8

     Aderholt
     Barton
     Blunt
     Boyd
     Gillmor
     McHugh
     Miller (FL)
     Towns

                              {time}  1400

  Mr. PETRI changed his vote from ``nay'' to ``yea.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded.

                          ____________________