[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.
____________________