[Congressional Record Volume 147, Number 149 (Thursday, November 1, 2001)]
[House]
[Pages H7649-H7696]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 SECURE TRANSPORTATION FOR AMERICA ACT

  Mr. FRELINGHUYSEN. Mr. Chairman, today I rise in support of H.R. 
3150, the Secure Transportation for America Act introduced by 
Representative Don Young (R-AK). This legislation is an important part 
of our ongoing efforts in Congress to ensure the safety and well-being 
of all Americans who travel by air as it makes substantial, long 
overdue improvements to our nation's aviation security system.
  H.R. 3150 ensures maximum safety for passengers and airline crews 
through a series of comprehensive security measures. First and 
foremost, this bill puts the Federal Government in complete charge of 
adopting and implementing strict passenger and baggage screening 
standards. This responsibility will be given to a new Transportation 
Security Administration within the Department of Transportation and 
will be headed by a new Under Secretary. While H.R. 3150 does not 
strictly call for airport screeners and baggage checkers to be federal 
employees, it gives the Administration the flexibility to choose either 
a Federal or private workforce. This discretion ensures that we have a 
security system that is both professional and efficient.
  I am also pleased that at the request of Representative Mike Ferguson 
(R-NJ) and myself, we had included in this legislation two important 
security provisions. One calls for complete background checks for all 
airport screeners and employees who have access to restricted areas of 
our airports. The second establishes a system to screen all passenger 
baggage. I am thankful to Chairman Young and the House Transportation 
and Infrastructure Committee for including these two important measures 
in this bill. In addition, this legislation strengthens cockpit doors 
and deploys Federal Air Marshals on domestic flights.
  Mr. Chairman, as you well know the tragic events of September 11th 
have forced us to rethink all security in our country like no other 
time in history. I am pleased that Congress has already acted by giving 
President Bush $3 billion to address immediate aviation security needs. 
By passing H.R. 3150, we put the Federal Government in charge of 
aviation security, thus ensuring that safety both at our airports and 
in our skies remains paramount. Make no mistake, on this issue there 
can be no compromise on safety.
  Mr. DELAHUNT. Mr. Chairman, from those first tragic moments on 
September 11, two things were immediately clear.
  First, fundamental, systemic changes have to be made in airline 
security.
  And second, Americans responded with enormous heroism. Every Member 
of this House has noted that this remarkable courage saved lives and 
reaffirmed our national spirit.
  Within hours, we saw Iron Workers clearing tons of rubble at Ground 
Zero with cranes, bulldozers and by hand. Round-the-clock emergency 
care from medical professionals. Teamsters trucking in rescue supplies 
from across the country.
  All members of labor unions. Many continue to work up to this very 
moment to honor the memory of the hundreds of union firefighters, union 
police officers, union paramedics, and union maintenance workers who 
died trying to help others. To honor the memory of the 1000 sisters and 
brothers--representing 24 unions--who perished that day.
  From the pilots and flight attendants who lost their lives on 
September 11, to the postal workers who were the first to fall victim 
to bioterrorism on our shores. These are genuine American heroes.
  They work hard and proud. Each day. For us.
  Which is why it is so unthinkable that unions are now under attack in 
this debate.
  We all agree about the urgent need to upgrade airport security. There 
is consensus about how to do it, and how to pay for it. Nearly 30 years 
ago, the airlines themselves testified before Congress that the only 
way to seriously combat hijacking threat was with federalized airport 
security.

[[Page H7650]]

  Apparently, the only real dispute today is over the possibility that 
taking these steps to protect public safety might also require hiring 
unionized federal labor.
  To those whose vision about public safety is blurred by hostility to 
unions, all I can say is: get over it.
  The men and women of organized labor have swept our floors and served 
our meals. Mined our coal and built our jet fighters. Staffed our 
emergency rooms and taught our children.
  They have made us great and they have made us good. Organized labor 
gave us the weekend. The middle class. The American dream. The vitality 
that makes us special among the family of nations.
  If we're at war, let's fight it with our best troops. If we want safe 
skies, the worst thing we can do is scapegoat those who have risked 
life and limb to keep our homeland secure.
  I urge my colleagues to support the bipartisan alternative.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the bill is considered read for amendment under 
the 5-minute rule.
  The text of H.R. 3150 is as follows:

                               H.R. 3150

       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; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Secure 
     Transportation for America 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.
       (c) Table of Contents.--

Sec. 1. Short title; amendments to title 49, United States Code; table 
              of contents.
Sec. 2. Transportation Security Administration.
Sec. 3. Screening of passengers and property.
Sec. 4. Security programs.
Sec. 5. Employment standards and training.
Sec. 6. Deployment of Federal air marshals.
Sec. 7. Enhanced security measures.
Sec. 8. Criminal history record check for screeners and others.
Sec. 9. Passenger and baggage screening fee.
Sec. 10. Authorizations of appropriations.
Sec. 11. Limitation on liability for acts to thwart criminal violence 
              or aircraft piracy.
Sec. 12. Passenger manifests.
Sec. 13. Transportation security oversight board.
Sec. 14. Airport improvement programs.
Sec. 15. Technical correction.
Sec. 16. Alcohol and controlled substance testing.
Sec. 17. Conforming amendments to subtitle VII.
Sec. 18. Savings provision.
Sec. 19. Budget submissions.
Sec. 20. Aircraft operations in enhanced class B airspace.
Sec. 21. Waivers for certain isolated communities.
Sec. 22. Assessments of threats to airports.

     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.--
       ``(1) In general.--The Under Secretary shall be responsible 
     for security in all modes of transportation, including--
       ``(A) carrying out chapter 449 relating to civil aviation 
     security; and
       ``(B) security responsibilities over nonaviation modes of 
     transportation that are exercised by Administrations of the 
     Department of Transportation (other than the Federal Aviation 
     Administration).
       ``(2) Schedule for assumption of civil aviation security 
     functions.--Not later than 3 months after the date of 
     enactment of this section, the Under Secretary shall assume 
     civil aviation security functions and responsibilities under 
     chapter 449 in accordance with a schedule to be developed by 
     the Secretary of Transportation, in consultation with air 
     carriers, foreign air carriers, and the Administrator of the 
     Federal Aviation Administration. The Under Secretary shall 
     publish an appropriate notice of the transfer of such 
     security functions and responsibilities before assuming the 
     functions and responsibilities.
       ``(3) Assignment of contracts.--Upon request of the Under 
     Secretary, an air carrier or foreign air carrier carrying out 
     a screening or security function under chapter 449 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, before the Under Secretary 
     assumes responsibility of such function.
       ``(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) supervise all airport security and screening services 
     using Federal uniformed personnel;
       ``(7) 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;
       ``(8) enforce security-related regulations and 
     requirements;
       ``(9) identify and undertake research and development 
     activities necessary to enhance transportation security;
       ``(10) inspect, maintain, and test security facilities, 
     equipment, and systems;
       ``(11) ensure the adequacy of security measures for the 
     transportation of cargo;
       ``(12) oversee the implementation, and ensure the adequacy, 
     of security measures at airports and other transportation 
     facilities;
       ``(13) perform background checks for airport security 
     screening personnel, individuals with unescorted access to 
     secure areas of airports, and other transportation security 
     personnel;
       ``(14) develop standards for the hiring and retention of 
     security screening personnel;
       ``(15) train and test security screening personnel; and
       ``(16) 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 its employees 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, to utilize the research and 
     development 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) 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

[[Page H7651]]

     opportunity for comment and without prior approval of the 
     Secretary.
       ``(B) Review by transportation security oversight board.--
     Any regulation or security directive issued under this 
     paragraph shall be subject to disapproval by the 
     Transportation Security Oversight Board established under 
     section 44951. Any regulation or security directive issued 
     under this paragraph shall remain effective until disapproved 
     by the Board or rescinded by the Under Secretary.
       ``(i) Personnel and Services; Cooperation by Under 
     Secretary.--
       ``(1) Authority of 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.
       ``(2) Authority of agency heads.--The head of a Federal 
     agency shall have the same authority to provide services, 
     supplies, equipment, personnel, and facilities to the Under 
     Secretary as the head has to provide services, supplies, 
     equipment, personnel, and facilities to the Administrator of 
     the Federal Aviation Administration under section 106(m).
       ``(j) Personnel Management System.--The personnel 
     management system established by the Administrator of the 
     Federal Aviation Administration under section 40122 shall 
     apply to employees of the Transportation Security 
     Administration, except that subject to the requirements of 
     such section, the Under Secretary may make such modifications 
     to the personnel management system with respect to such 
     employees as the Under Secretary considers appropriate.
       ``(k) 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.
       ``(l) Authority of Inspector General.--The Transportation 
     Security Administration shall be subject to the Inspector 
     General Act of 1978 (5 U.S.C. App.) and other laws relating 
     to the authority of the Inspector General of the Department 
     of Transportation.''.
       (b) Conforming Amendment.--The analysis for chapter 1 is 
     amended by adding at the end the following:

``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) Personnel of Other Agencies.--The last sentence of 
     section 106(m) is amended by inserting ``personnel and'' 
     before ``supplies and equipment''.
       (e) Security and Research and Development Activities.--
     Section 40119 is amended--
       (1) in subsection (a) by striking ``Administrator of the 
     Federal Aviation Administration'' and inserting ``Under 
     Secretary of Transportation for Security''; and
       (2) in subsections (b) and (c) by striking 
     ``Administrator'' each place it appears and inserting ``Under 
     Secretary''.
       (f) 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. SCREENING OF PASSENGERS AND PROPERTY.

       Section 44901 of such title is amended--
       (1) in subsection (a) by striking ``a weapon-detecting'' 
     and all that follows through the period at the end of the 
     second sentence and inserting ``persons and procedures 
     acceptable to the Under Secretary (or the Administrator 
     before responsibilities under this subsection are assumed by 
     the Under Secretary).''; and
       (2) by adding at the end the following:
       ``(d) Assumption of Screening Function by Under 
     Secretary.--The responsibility for the screening of 
     passengers and property on passenger aircraft in air 
     transportation that originates in the United States or 
     intrastate air transportation that, on the date of enactment 
     of this subsection, was performed by an employee or agent of 
     an air carrier, intrastate air carrier, or foreign air 
     carrier shall be assumed by the Under Secretary.
       ``(e) Supervision of Screening.--All screening of 
     passengers and property at airports under this section shall 
     be supervised by uniformed Federal personnel of the 
     Transportation Security Administration who shall have the 
     power to order the dismissal of any individual performing 
     such screening.
       ``(f) Limitation on Right To Strike.--An individual that 
     screens passengers or property, or both, at an airport under 
     this section may not participate in a strike, or assert the 
     right to strike, against the person (including a governmental 
     entity) employing such individual to perform such 
     screening.''.

     SEC. 4. SECURITY PROGRAMS.

       Section 44903(c) is amended--
       (1) in the first sentence of paragraph (1)--
       (A) by striking ``a law enforcement presence'' and 
     inserting ``a law enforcement or military presence''; and
       (B) by inserting after ``at each of those airports'' the 
     following: ``and at each location at those airports where 
     passengers are screened''; and
       (2) in paragraph (2)(C)(i) by striking ``shall issue an 
     amendment to air carrier security programs to require'' and 
     inserting ``shall require''.

     SEC. 5. EMPLOYMENT STANDARDS AND TRAINING.

       (a) Employment Standards.--Section 44935(a) is amended--
       (1) in the first sentence by inserting ``, personnel 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) a requirement that all personnel who screen 
     passengers and property be citizens of the United States;
       ``(7) minimum compensation levels, when appropriate; and
       ``(8) a preference for the hiring of any individual who is 
     a member or former member of the armed forces and who is 
     entitled, under statute, to retired, retirement, or retainer 
     pay on account of service as a member of the armed forces.''.
       (b) Final Rules Establishing Training Standards for 
     Screeners.--Section 44935(e)(1) is amended by striking ``May 
     31, 2001'' and inserting ``6 months after the date of 
     enactment of the Secure Transportation for America Act of 
     2001''.
       (c) Employment Standards for Screeners; Uniforms.--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 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.
       ``(h) Uniforms.--The Under Secretary shall require any 
     individual who screens passengers and property pursuant 
     section 44901 to be attired in a uniform, approved by the 
     Under Secretary, while on duty.''.
       (d) Interim Employment Standards for Screening Personnel.--
     In the period beginning 30 days after the date of enactment 
     of this Act and ending on the first date that a final rule 
     issued by the Under Secretary of Transportation for Security 
     under section 44935(e)(1) of title 49, United States Code, 
     takes effect, the following requirements shall apply to an 
     individual who screens passengers and property pursuant to 
     section 44901 of such title (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.
       (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--

[[Page H7652]]

       (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 to 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.

     SEC. 6. 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 deployment of Federal air marshals on 
     selected 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 at the facility of the 
     Federal Aviation Administration in New Jersey; and
       ``(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 and at no cost to the United States Government 
     or the marshal.
       ``(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 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. 7. 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.--To the extent the Under Secretary of 
     Transportation for Security determines appropriate, the Under 
     Secretary shall take the following actions:
       ``(1) After consultation with the Administrator of the 
     Federal Aviation Administration, develop procedures and 
     authorize equipment for pilots and other members of the 
     flight crew to use to defend an aircraft against acts of 
     criminal violence or aircraft piracy.
       ``(2) After consultation with the Administrator, develop 
     and implement methods to--
       ``(A) restrict the opening of a cockpit door during a 
     flight;
       ``(B) fortify 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.
       ``(3) Impose standards for the screening or inspection of 
     persons and vehicles having access to secure areas of an 
     airport.
       ``(4) Require effective 911 emergency call capability for 
     telephones serving passenger aircraft and passenger trains.
       ``(5) Provide for the use of voice stress analysis or other 
     technologies to prevent a person who might pose a danger to 
     air safety or security from boarding the aircraft of an air 
     carrier or foreign air carrier in air transportation or 
     intrastate air transportation.
       ``(6) Develop standards and procedures for the issuance, 
     renewal, and revocation of a certificate of qualification for 
     individuals who screen passengers and property at an airport.
       ``(7) Provide for the use of threat image projection or 
     similar devices to test individuals described in paragraph 
     (6) and establish procedures to revoke the certification of 
     such individuals if the individuals fail to maintain a 
     required level of proficiency.
       ``(8) In consultation with air carriers and other 
     government agencies, establish policies and procedures 
     requiring air carriers to use information from government 
     agencies to identify individuals on passenger lists who may 
     be a threat to civil aviation and, if such an individual is 
     identified, to notify appropriate law enforcement agencies 
     and prohibit the individual from boarding an aircraft.
       ``(9) Provide for the enhanced use of computer profiling to 
     more effectively screen passengers and property that will be 
     carried in the cabin of an aircraft.
       ``(10) Provide for the use of electronic technology that 
     positively verifies the identity of each employee and law 
     enforcement officer who enters a secure area of an airport.
       ``(11) After consultation with the Administrator, provide 
     for the installation of switches in an aircraft cabin to 
     enable flight crews to discreetly notify the pilots in the 
     case of a security breach occurring in the cabin.
       ``(12) Update training procedures used by the Federal 
     Aviation Administration, law enforcement agencies, air 
     carriers, and flight crews during hijackings to include 
     measures relating to suicidal hijackers and other extremely 
     dangerous events not currently described in the training 
     procedures.
       ``(13) Provide for background checks of individuals seeking 
     instruction (including training through the use of flight 
     simulators) in flying aircraft that has a minimum 
     certificated takeoff weight of more than 12,500 pounds.
       ``(14) Enter into agreements with Federal, State, and local 
     agencies under which appropriately-trained law enforcement 
     personnel from such agencies, when traveling on a flight of 
     an air carrier, will carry a firearm and be prepared to 
     assist Federal air marshals.
       ``(15) Require more thorough background checks of persons 
     described in subparagraphs (A), (B)(i), and (B)(ii) of 
     section 44936(a) and paragraph (13) of this subsection, 
     including a review of immigration records, law enforcement 
     databases, and records of other government and international 
     agencies to help determine whether the person may be a threat 
     to civil aviation.
       ``(b) Airworthiness Objections by FAA.--
       ``(1) In general.--The Under Secretary shall not take an 
     action under subsection (a) if the Administrator notifies the 
     Under Secretary that the action could adversely affect the 
     airworthiness of an aircraft.
       ``(2) Review by secretary.--Notwithstanding paragraph (1), 
     the Under Secretary may take an action under subsection (a), 
     after receiving a notification concerning the action from the 
     Administrator under paragraph (1), if the Secretary of 
     Transportation subsequently approves the action.
       ``(c) View of NTSB.--In taking any action under subsection 
     (a) that could affect safety, the Under Secretary shall 
     solicit and give great weight to the views of the National 
     Transportation Safety Board.
       ``(d) Property Security Program.--
       ``(1) Establishment.--The Under Secretary shall develop and 
     implement a program to ensure the security of all property 
     carried on passenger aircraft by either mandating that such 
     property is screened, by ensuring that no checked baggage is 
     carried on the aircraft unless the passenger who checks the 
     baggage is aboard the aircraft, or by such other methods that 
     the Under Secretary considers to be effective.
       ``(2) Use of screening equipment.--The Under Secretary 
     shall ensure that equipment installed at airports to screen 
     checked baggage is used to the maximum extent possible.
       ``(e) Limitation on Certain Actions.--The Secretary of 
     Transportation shall not take any action to prevent a pilot 
     of an air carrier from taking a firearm into the cockpit of 
     the aircraft if the policy of the air carrier permits its 
     pilots to be armed and the pilot has successfully completed a 
     training program for the carriage of firearms aboard aircraft 
     that is acceptable to the Under Secretary.
       ``(f) Report.--Not later than 6 months after the date of 
     enactment of this section, and annually thereafter until the 
     Under Secretary determines whether or not to take each of the 
     actions specified in subsection (a), the Under Secretary 
     shall transmit to Congress a report on the progress of the 
     Under Secretary in evaluating and taking such actions, 
     including any legislative recommendations that the Under 
     Secretary may have for enhancing transportation security, and 
     on the progress the Under Secretary is making in carrying out 
     subsection (d).''.

[[Page H7653]]

       (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. 8. 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 certified screening 
     companies may elect to implement the requirements of this 
     subparagraph in advance of the effective date if the Under 
     Secretary (or the Administrator of the Federal Aviation 
     Administration before the transfer of civil aviation security 
     responsibilities to the Under Secretary) approves of such 
     early implementation and if the airport operator, air 
     carriers, and certified screening companies amend their 
     security programs to conform those programs to the 
     requirements of this subparagraph.''; and
       (2) in paragraph (2)--
       (A) by striking ``or airport operator'' and inserting 
     ``airport operator, or certificated screening company''; and
       (B) by adding at the end the following: ``In this 
     paragraph, the term `certificated screening company' means a 
     screening company to which the Under Secretary has issued a 
     screening company certificate authorizing the screening 
     company to provide security screening.''.

     SEC. 9. 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 
     of air carriers and foreign air carriers in air 
     transportation and intrastate air transportation originating 
     at airports in the United States, to pay for the costs of the 
     screening of passengers and property pursuant to section 
     44901(d). Such costs shall be limited to the salaries and 
     benefits of screening personnel and their direct supervisors, 
     training of screening personnel, and acquisition, operation, 
     and maintenance of equipment used by screening personnel and 
     shall be determined by the Under Secretary.
       ``(2) Air carrier fees.--
       ``(A) Authority.--In addition to the fee imposed pursuant 
     to paragraph (1), and only to the extent that such fee is 
     insufficient to pay for the costs of the screening of 
     passengers and property pursuant to section 44901(d), the 
     Under Secretary may impose a fee on air carriers to pay for 
     the difference between any such costs and the amount 
     collected from such fee.
       ``(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 screening 
     activities described in paragraph (1) as determined by the 
     Under Secretary.
       ``(b) Schedule of Fees.--In imposing fees under subsection 
     (a), the Under Secretary shall ensure that the fees are 
     reasonably 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 that 
     originates at an airport in the United States.
       ``(d) Imposition of Fee.--
       ``(1) In general.--Notwithstanding section 9701 of title 31 
     and 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 modification of fee.--After imposing a fee 
     in accordance with paragraph (1), the Under Secretary may 
     modify, from time to time through publication of notice in 
     the Federal Register, the imposition or collection of such 
     fee, or both.
       ``(3) Limitation on collection.--No fee may be collected 
     under this section, except to the extent that expenditure of 
     such fee to pay the costs of activities and services for 
     which the fee is imposed is provided for in advance in an 
     appropriations Act.
       ``(e) Administration of Fees.--
       ``(1) Fees payable to under secretary.--All fees imposed 
     and amounts collected under this section are payable to the 
     Under Secretary.
       ``(2) Fees collected by air carrier.--A fee imposed under 
     subsection (a)(1) shall be collected by the air carrier or 
     foreign air carrier providing the transportation described in 
     subsection (a)(1).
       ``(3) Due date for remittance.--A fee collected under this 
     section shall be remitted on the last day of each calendar 
     month by the carrier collecting the fee. The amount to be 
     remitted shall be for the calendar month preceding the 
     calendar month in which the remittance is made.
       ``(4) Information.--The Under Secretary may require the 
     provision of such information as the Under Secretary decides 
     is necessary to verify that fees have been collected and 
     remitted at the proper times and in the proper amounts.
       ``(f) Receipts Credited as Offsetting Collections.--
     Notwithstanding section 3302 of title 31, any fee collected 
     under this section--
       ``(1) shall be credited as offsetting collections to the 
     account that finances the activities and services for which 
     the fee is imposed;
       ``(2) shall be available for expenditure 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.''.

       (c) Exemptions.--Section 44915 is amended by striking ``and 
     44936'' and inserting ``44936, and 44939''.

     SEC. 10. AUTHORIZATIONS OF APPROPRIATIONS.

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

     ``Sec. 44940. Authorizations of appropriations

       ``(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) Grants for Aircraft Security.--There is authorized to 
     be appropriated $500,000,000 for the Secretary of 
     Transportation to make grants to air carriers to--
       ``(1) fortify cockpit doors to deny access from the cabin 
     to the pilots in the cockpit;
       ``(2) provide for the use of video monitors or other 
     devices to alert the cockpit crew to activity in the 
     passenger cabin;
       ``(3) ensure continuous operation of the aircraft 
     transponder in the event the crew faces an emergency; and
       ``(4) provide for the use of other innovative technologies 
     to enhance aircraft security.
       ``(c) Airport Security.--There is authorized to be 
     appropriated $1,500,000,000 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. Authorizations of appropriations.''.

     SEC. 11. LIMITATION ON LIABILITY FOR ACTS TO THWART CRIMINAL 
                   VIOLENCE OR AIRCRAFT PIRACY.

       Section 44903 is amended by adding at the end the 
     following:
       ``(h) Limitation on Liability for Acts To Thwart Criminal 
     Violence or Aircraft Piracy.--An individual shall not be 
     liable for damages in any action brought in a Federal or 
     State court arising out of the acts of the individual in 
     attempting to thwart an act of criminal violence or piracy on 
     an aircraft if that individual in good faith believed that 
     such an act of criminal violence or piracy was occurring or 
     was about to occur.''.

     SEC. 12. PASSENGER MANIFESTS.

       Section 44909 is amended by adding at the end the 
     following:
       ``(c) Flights in Foreign Air Transportation to the United 
     States.--
       ``(1) In general.--Not later than 60 days after the date of 
     enactment of this subsection, the Under Secretary of 
     Transportation for Security shall require each air carrier 
     and foreign air carrier operating a passenger flight in 
     foreign air transportation to the United States to provide to 
     the Under Secretary by electronic transmission a passenger 
     and crew manifest containing the information specified in 
     subsection (b).
       ``(2) Information.--A passenger and crew manifest for a 
     flight required under paragraph (1) shall contain the 
     following information:
       ``(A) The full name of each passenger and crew member.
       ``(B) The date of birth and citizenship of each passenger 
     and crew member.
       ``(C) The sex of each passenger and crew member.
       ``(D) The passport number and country of issuance of each 
     passenger and crew member if required for travel.

[[Page H7654]]

       ``(E) The United States visa number or resident alien card 
     number of each passenger and crew member, as applicable.
       ``(F) The passenger name record of each passenger.
       ``(G) Such other information as the Under Secretary, by 
     regulation, determines is reasonably necessary to ensure 
     aviation safety.
       ``(3) Transmission of manifest.--Subject to paragraph (4), 
     a passenger and crew manifest required for a flight under 
     paragraph (1) shall be transmitted to the Under Secretary in 
     advance of the aircraft landing in the United States in such 
     manner, time, and form as the Under Secretary prescribes.
       ``(4) Transmission of manifests to other federal 
     agencies.--The Under Secretary may require by regulation that 
     a passenger and crew manifest required for a flight under 
     paragraph (1) be transmitted directly to the head of another 
     Federal agency.''.

     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 and ratify or disapprove any regulation or 
     security directive issued by the Under Secretary of 
     Transportation for security under section 114(h)(2) 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;
       ``(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;
       ``(F) waivers granted by the Under Secretary under section 
     21 of the Secure Transportation for America Act of 2001 and 
     may ratify or disapprove such waivers; and
       ``(G) 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, sensitive security information, or 
     information protected in accordance with section 40119(b), 
     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, screening companies, 
     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. AIRPORT IMPROVEMENT PROGRAMS.

       (a) Competition Plan.--Section 47106(f) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Special rule for fiscal year 2002.--This subsection 
     does not apply to any passenger facility fee approved, or 
     grant made, in fiscal year 2002 if the fee or grant is to be 
     used to improve security at a covered airport.''.
       (b) Airport Development Defined.--Section 47102(3) is 
     amended by adding at the end the following:
       ``(J) hiring, training, compensating, or reimbursement for 
     law enforcement personnel at a non-hub or small hub airport 
     (as defined in section 41731).
       ``(K) in fiscal year 2002, any activity, including 
     operational activities, of an airport that is not a primary 
     airport if that airport is located within the confines of 
     enhanced class B airspace, as defined by Notice to Airmen FDC 
     1/0618 issued by the Federal Aviation Administration.
       ``(L) in fiscal year 2002, payments for debt service on 
     indebtedness incurred to carry out a project at an airport 
     owned or controlled by the sponsor if the Secretary 
     determines that such payments are necessary to prevent a 
     default on the indebtedness.''.
       (c) Reimbursement for Past Expenses.--Section 47110(b)(2) 
     is amended--
       (1) by striking ``or'' at the end of subparagraph (B);
       (2) by inserting after the semicolon at the end of the 
     subparagraph (C)(iii) ``or''; and
       (3) by inserting at the end the following:
       ``(D) if the cost is incurred after September 11, 2001, for 
     a project described in subparagraphs (J), (K), or (L) of 
     section 47102(3) without regard to the date of execution of a 
     grant agreement under this subchapter.''.
       (d) Federal Share.--Section 47109(a) is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) 100 percent for a project described in subparagraphs 
     (J), (K), or (L) of section 47102(3).''.
       (e) Conforming Amendment to Airport and Airway Trust 
     Fund.--Section 9502(d)(1)(A) of the Internal Revenue Code of 
     1986 (relating to airport and airway program) is amended by 
     inserting ``or the Secure Transportation for America Act of 
     2001'' after ``21st Century''.

     SEC. 15. TECHNICAL CORRECTIONS.

       (a) Report Deadline.--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''.
       (b) Insurance and Reinsurance of Aircraft.--Section 
     44306(c) (as redesignated by section 201(d) of such Act) is 
     amended by inserting ``in the interest of air commerce or 
     national security'' before ``to carry out foreign policy''.
       (c) Federal Credit Instruments.--Section 102(c)(2)(A) of 
     such Act is amended by striking ``representatives'' and 
     inserting ``representations''.

     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

[[Page H7655]]

     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),'';
       (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 46303(c)(2) by inserting ``or the Under 
     Secretary of Transportation for Security'' after ``Federal 
     Aviation Administration'';
       (6) 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'';
       (7) 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''; and
       (8) in section 46505(d)(2) by inserting ``or the Under 
     Secretary of Transportation for Security'' after ``Federal 
     Aviation Administration''.

     SEC. 18. SAVINGS PROVISION.

       (a) Transfer of Assets and Personnel.--Except as otherwise 
     provided in this Act, those personnel, property, and records 
     employed, used, held, available, or to be made available in 
     connection with a function transferred to the Transportation 
     Security Administration by this Act shall be transferred to 
     the Transportation Security Administration for use in 
     connection with the functions transferred. Unexpended 
     balances of appropriations, allocations, and other funds made 
     available to the Federal Aviation Administration to carry out 
     such functions shall also be transferred to the 
     Transportation Security Administration for use in connection 
     with the functions transferred.
       (b) Legal Documents.--All orders, determinations, rules, 
     regulations, permits, grants, loans, contracts, settlements, 
     agreements, certificates, licenses, and privileges--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the Federal Aviation Administration, any 
     officer or employee thereof, or any other Government 
     official, or by a court of competent jurisdiction, in the 
     performance of any function that is transferred by this Act; 
     and
       (2) that are in effect on the effective date of such 
     transfer (or become effective after such date pursuant to 
     their terms as in effect on such effective date), shall 
     continue in effect according to their terms until modified, 
     terminated, superseded, set aside, or revoked in accordance 
     with law by the Under Secretary of Transportation for 
     Security, any other authorized official, a court of competent 
     jurisdiction, or operation of law.
       (c) Proceedings.--
       (1) In general.--The provisions of this Act shall not 
     affect any proceedings or any application for any license 
     pending before the Federal Aviation Administration at the 
     time this Act takes effect, insofar as those functions are 
     transferred by this Act; but such proceedings and 
     applications, to the extent that they relate to functions so 
     transferred, shall be continued. Orders shall be issued in 
     such proceedings, appeals shall be taken therefrom, and 
     payments shall be made pursuant to such orders, as if this 
     Act had not been enacted; and orders issued in any such 
     proceedings shall continue in effect until modified, 
     terminated, superseded, or revoked by a duly authorized 
     official, by a court of competent jurisdiction, or by 
     operation of law.
       (2) Statutory construction.--Nothing in this subsection 
     shall be deemed to prohibit the discontinuance or 
     modification of any proceeding described in paragraph (1) 
     under the same terms and conditions and to the same extent 
     that such proceeding could have been discontinued or modified 
     if this Act had not been enacted.
       (3) Orderly transfer.--The Secretary of Transportation is 
     authorized to provide for the orderly transfer of pending 
     proceedings from the Federal Aviation Administration.
       (d) Suits.--
       (1) In general.--This Act shall not affect suits commenced 
     before the date of the enactment of this Act, except as 
     provided in paragraphs (2) and (3). In all such suits, 
     proceeding shall be had, appeals taken, and judgments 
     rendered in the same manner and with the same effect as if 
     this Act had not been enacted.
       (2) Suits by or against faa.--Any suit by or against the 
     Federal Aviation Administration begun before the date of 
     enactment of this Act shall be continued, insofar as it 
     involves a function retained and transferred under this Act, 
     with the Transportation Security Administration (to the 
     extent the suit involves functions transferred to the 
     Transportation Security Administration under this Act) 
     substituted for the Federal Aviation Administration.
       (3) Remanded cases.--If the court in a suit described in 
     paragraph (1) remands a case to the Transportation Security 
     Administration, subsequent proceedings related to such case 
     shall proceed in accordance with applicable law and 
     regulations as in effect at the time of such subsequent 
     proceedings.
       (e) Continuance of Actions Against Officers.--No suit, 
     action, or other proceeding commenced by or against any 
     officer in his official capacity as an officer of the Federal 
     Aviation Administration shall abate by reason of the 
     enactment of this Act. No cause of action by or against the 
     Federal Aviation Administration, or by or against any officer

[[Page H7656]]

     thereof in his official capacity, shall abate by reason of 
     the enactment of this Act.
       (f) Exercise of Authorities.--Except as otherwise provided 
     by law, an officer or employee of the Transportation Security 
     Administration may, for purposes of performing a function 
     transferred by this Act or the amendments made by this Act, 
     exercise all authorities under any other provision of law 
     that were available with  respect to the performance of that 
     function to the official responsible for the performance 
     of the function immediately before the effective date of 
     the transfer of the function under this Act.
       (g) Act Defined.--In this section, the term ``Act'' 
     includes the amendments made by this Act.

     SEC. 19. BUDGET SUBMISSIONS.

       The President's budget submission for fiscal year 2003 and 
     each fiscal year thereafter shall reflect the establishment 
     of the Transportation Security Administration.

     SEC. 20. AIRCRAFT OPERATIONS IN ENHANCED CLASS B AIRSPACE.

       Notice to Airmen FDC 1/0618 issued by the Federal Aviation 
     Administration, and any other regulation, order, or directive 
     that restricts the ability of United States registered 
     aircraft to conduct operations under part 91 of title 14, 
     Code of Federal Regulations, in enhanced class B airspace (as 
     defined by such Notice), shall cease to be in effect 
     beginning on the 10th day following the date of enactment of 
     this Act, unless the Secretary of Transportation publishes a 
     notice in the Federal Register before such 10th day 
     reimposing the restriction and explaining the reasons for the 
     restriction.

     SEC. 21. WAIVERS FOR CERTAIN ISOLATED COMMUNITIES.

       (a) In General.--In any case in which a restriction is 
     imposed on an air carrier (as defined in section 40102 of 
     title 49, United States Code) for reasons of national 
     security by any government agency, the Under Secretary of 
     Transportation for Security may grant a waiver from such 
     restrictions for the carriage of cargo, mail, patients, and 
     emergency medical supplies (and associated personnel) on 
     flights to or from a community that is not accessible by 
     road, or that is more than 200 miles, from a hub airport (as 
     defined in section 41731 of such title).
       (b) Review and Disapproval.--Any grant of a waiver by the 
     Under Secretary under this section shall be subject to review 
     and disapproval by the Transportation Security Oversight 
     Board.
       (c) Limitations.--The Board may impose reasonable 
     limitations on any waiver granted under this section.

     SEC. 22. ASSESSMENTS OF THREATS TO AIRPORTS.

       Section 44904 is amended by adding at the end the 
     following:
       ``(d) Passenger Vehicles.--
       ``(1) Threat assessment.--An operator of an airport with 
     scheduled passenger service, in consultation with appropriate 
     State or local law enforcement authorities, may conduct a 
     threat assessment of the airport to determine whether 
     passenger vehicles should be permitted to park within 300 
     feet of the airport terminal building.
       ``(2) Removal of certain restrictions.--If the airport 
     operator, after consultation with the appropriate State or 
     local law enforcement authorities, determines that safeguards 
     are in place to sufficiently protect public safety and so 
     certifies, in writing, to the Secretary of Transportation, 
     any rule, order, or other directive of the Secretary 
     prohibiting the parking of passenger vehicles within 300 feet 
     of an airport terminal building shall not apply to the 
     terminal building at such airport.''.

  The CHAIRMAN. No amendment is in order except those printed in House 
Report 107-264 or otherwise specified in House Resolution 274. Each 
amendment may be offered only in the order printed, may be offered only 
by a Member designated in the report, shall be considered read, 
debatable for the time specified in the report, equally divided and 
controlled by the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of the 
question.

                              {time}  1700

  It is now in order to consider amendment No. 1 printed in House 
Report 107-264.


             Amendment No. 1 Offered by Mr. Young of Alaska

  Mr. YOUNG of Alaska. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Young of Alaska:
       Page 1, line 6, strike ``Secure Transportation for America 
     Act of 2001'' and insert ``Airport Security Federalization 
     Act of 2001''.
       In the table of contents after line 8, strike the item 
     relating to section 15 and insert the following:
Sec. 15. Technical corrections.
       Page 2, before line 9, insert the following:

                       TITLE I--AVIATION SECURITY

       Redesignate sections 2 through 22 of the bill as sections 
     101 through 121, respectively.
       Conform the table of contents of the bill, accordingly.
       Page 13, line 17, strike ``(1) in subsection (a) by 
     striking'' and inserting the following:
       (1) in subsection (a)--
       (A) by striking ``a cabin of''; and
       (B) by striking
       Page 14, line 2, strike ``The responsibility'' and insert 
     the following:
       ``(1) In general.--The responsibility
       Page 14, after line 8, insert the following:
       ``(2) Additional screening authority.--The Under Secretary 
     may perform any such additional screening of passengers and 
     property on passenger aircraft in air transportation that 
     originates in the United States or intrastate air 
     transportation that the Under Secretary deems necessary to 
     enhance aviation security.
       Page 14, line 20, strike the closing quotation marks and 
     the final period and insert the following:
       ``(g) Deputization of Airport Screening Personnel.--The 
     Under Secretary shall deputize, for enforcement of such 
     Federal laws as the Under Secretary determines appropriate, 
     all airport screening personnel as Federal transportation 
     security agents and shall ensure that such agents operate 
     under common standards and common uniform, insignia, and 
     badges. The authority to arrest an individual may be 
     exercised only by supervisory personnel who are sworn, full-
     time law enforcement officers.''.
       Page 15, after line 24, insert the following:
       ``(7) a requirement that any private security firm retained 
     to provide airport security services be owned and controlled 
     by a citizen of the United States, to the extent that the 
     President determines that there are firms owned and 
     controlled by such citizens;
       Page 16, line 1, strike ``(7)'' and insert ``(8)''.
       Page 16, line 2, strike ``and''.
       Page 16, line 3, strike ``(8)'' and insert ``(9)''.
       Page 16, line 7, strike both periods and the closing 
     quotation marks and insert ``; and'' and the following:
       ``(10) a preference for the hiring of any individual who is 
     a former employee of an air carrier and whose employment with 
     the air carrier was terminated as a result of a reduction in 
     the workforce of the air carrier.''.
       Page 16, lines 11 and 12, strike ``Secure Transportation 
     for America Act of 2001'' and insert ``Airport Security 
     Federalization Act of 2001''.
       Page 16, line 20, strike ``pursuant'' and insert ``pursuant 
     to''.
       Page 19, line 22, strike ``and''.
       Page 20, line 2, strike the period and insert ``; and'' and 
     the following:
       (J) the ability to demonstrate daily a fitness for duty 
     without any impairment due to illegal drugs, sleep 
     deprivation, medication, or alcohol.
       Page 21, line 14, strike ``and''.
       Page 21, line 20, strike the period and insert a semicolon 
     and the following:
       ``(5) require air carriers to provide, on a space-available 
     basis, to an off-duty Federal air marshal a seat on a flight 
     to the airport nearest the marshal's home at no cost to the 
     marshal or the United States Government if the marshal is 
     traveling to that airport after completing his or her 
     security duties; and
       ``(6) provide, in choosing among applicants for a position 
     as a Federal air marshal, a preference for the hiring of a 
     pilot of an air carrier whose employment with the air carrier 
     was terminated as a result of a reduction in the workforce of 
     the air carrier if the pilot is otherwise qualified for the 
     position.
       Page 22, line 3, after ``consultation with'' insert ``and 
     concurrence of''.
       Page 22, before line 10, insert the following:
       (c) Basic Pay Defined.--Section 8331(3)(E) of title 5, 
     United States Code, is amended to read as follows:
       ``(E) availability pay--
       ``(i) received by a criminal investigator under section 
     5545a of this title; or
       ``(ii) received after September 11, 2001, by a Federal air 
     marshal of the Department of Transportation;''.
       Page 24, line 1, strike ``Provide'' and insert ``Establish 
     performance goals for individuals described in paragraph (6), 
     provide''.
       Page 24, lines 2 and 3, strike ``individuals described in 
     paragraph (6)'' and insert ``such individuals,''.
       Page 26, after line 2, insert the following:
       ``(16) Establish a uniform system of identification for all 
     State and local law enforcement personnel for use in 
     obtaining permission to carry weapons in aircraft cabins and 
     in obtaining access to a secured area of an airport.
       ``(17) Establish requirements under which air carriers, 
     under the supervision of the Under Secretary, could implement 
     trusted passenger programs and use available technologies to 
     expedite the security screening of passengers who participate 
     in such programs, thereby allowing security screening 
     personnel to focus on those passengers who should be subject 
     to more extensive screening.
       ``(18) In consultation with the Commissioner of Food and 
     Drugs, develop security procedures under which a medical 
     product to be transported on a flight of an air carrier would 
     not be subject to manual or x-ray inspection if conducting 
     such an inspection would irreversibly damage the product.
       ``(19) Develop security procedures to allow passengers 
     transporting a musical instrument on a flight of an air 
     carrier to transport the instrument in the passenger cabin of 
     the aircraft, notwithstanding any size or other restriction 
     on carry-on baggage but subject to such other reasonable 
     terms and conditions as may be established by the

[[Page H7657]]

     Under Secretary or the air carrier, including imposing 
     additional charges by the air carrier.
       ``(20) Provide for the use of wireless and wire line data 
     technologies enabling the private and secure communication of 
     threats to aid in the screening of passengers and other 
     individuals on airport property who are identified on any 
     State or Federal security-related data base for the purpose 
     of having an integrated response coordination of various 
     authorized airport security forces.
       Page 26, strike line 19 and all that follows through line 7 
     on page 27 and insert the following:
       ``(d) Property Security Program.--
       ``(1) Checked baggage.--
       ``(A) Final deadline for screening.--A system must be in 
     operation to screen all checked baggage at all airports in 
     the United States no later than December 31, 2003.
       ``(B) Use of explosive detection equipment.--The Under 
     Secretary shall ensure that explosive detection equipment 
     installed at airports to screen checked baggage is used to 
     the maximum extent possible.
       ``(C) Installation of additional explosive detection 
     equipment.--The Under Secretary shall install additional 
     explosive detection equipment at airports as soon as possible 
     to ensure that all checked baggage is screened before being 
     placed in an aircraft.
       ``(D) Interim bag-match programs.--Until the Under 
     Secretary has installed enough explosive detection equipment 
     at airports to ensure that all checked baggage is screened, 
     the Under Secretary shall require air carriers to implement 
     bag-match programs that ensure that no checked baggage is 
     placed in an aircraft unless the passenger who checks the 
     baggage is aboard the aircraft.
       ``(2) Cargo deadline.--A system must be in operation to 
     screen all cargo that is to be transported in passenger 
     aircraft in air transportation and intrastate air 
     transportation as soon as possible after the date of 
     enactment of this paragraph.
       Page 29, line 10, strike ``and'' and insert the following:
       (2) by adding at the end of paragraph (1) the following:
       ``(G) Background checks of current employees.--A background 
     check (including a criminal history record check and a review 
     of available law enforcement data bases and records of other 
     governmental and international agencies) shall be required 
     for any individual who currently has unescorted access to an 
     aircraft of an air carrier or foreign air carrier, unescorted 
     access to a secured area of an airport in the United States 
     that serves an air carrier or foreign air carrier, or is 
     responsible for screening passengers or property, or both, 
     unless that individual was subject to such a background check 
     before the individual began his or her current employment or 
     is exempted from such a check under section 107.31(m) of 
     title 14, Code of Federal Regulations.''; and
       Page 29, line 11, strike ``(2)'' and insert ``(3)''.
       Page 34, strike line 23 and all that follows through line 4 
     on page 35 and insert the following:
       ``(c) Airport Security.--
       ``(1) In general.--There is authorized to be appropriated 
     to the Secretary for fiscal years 2002 and 2003 a total of 
     $1,500,000,000 to reimburse airport operators for direct 
     costs incurred by such operators to comply with new, 
     additional, or revised security requirements imposed on such 
     operators by the Federal Aviation Administration or 
     Transportation Security Administration on or after September 
     11, 2001. Such sums shall remain available until expended.
       ``(2) Conditions.--Before providing financial assistance to 
     an airport operator with funds appropriated pursuant to 
     paragraph (1), the Secretary shall require the operator to 
     provide assurances that the operator will--
       ``(A) meet with the tenants of the airport (other than air 
     carriers and foreign air carriers) to discuss adjustments of 
     the rent of the tenants to account for losses in revenue 
     incurred by the tenants on and after September 11, 2001; and
       ``(B) provide to the Secretary an itemized list of costs 
     incurred by the operator to comply with the security 
     requirements described in paragraph (1), including costs 
     relating to landing fees, automobile parking revenues, rental 
     cars, restaurants, and gift shops.''.
       Page 36, line 9, strike ``subsection (b)'' and insert 
     ``paragraph (2)''.
       Page 39, lines 16 and 17, strike ``Secure Transportation 
     for America Act of 2001'' and insert ``Airport Security 
     Federalization Act of 2001''.
       Page 43, line 22, after ``sponsor'' insert ``or at a 
     privately owned or operated airport passenger terminal 
     financed by indebtedness incurred by the sponsor''.
       Page 44, beginning on line 25, strike ``Secure 
     Transportation for America Act of 2001'' and insert ``Airport 
     Security Federalization Act of 2001''.
       Page 45, after line 15, insert the following:
       (d) Maximum Amount of Compensation Payable Per Air 
     Carrier.--Section 103 of such Act is amended by adding at the 
     end the following:
       ``(d) Compensation for Air Carriers Providing Air Ambulance 
     Services.--
       ``(1) Set-aside.--The President may set aside a portion of 
     the amount of compensation payable to air carriers under 
     section 101(a)(2) to provide compensation to air carriers 
     providing air ambulance services. The President shall reduce 
     the $4,500,000,000 specified in subsection (b)(2)(A)(i) by 
     the amount set aside under this subsection.
       ``(2) Distribution of amounts.--The President shall 
     distribute the amount set aside under this subsection 
     proportionally among air carriers providing air ambulance 
     services based on an appropriate auditable measure, as 
     determined by the President.''.
       At the end of the bill, add the following (and conform the 
     table of contents of the bill accordingly):

     SEC. 122. REQUIREMENT TO HONOR PASSENGER TICKETS OF OTHER 
                   CARRIERS.

       (a) In General.--Subchapter I of chapter 417 is amended by 
     adding at the end the following:

     ``Sec. 41722. Requirement to honor passenger tickets of other 
       carriers

       ``Each air carrier that provides scheduled air 
     transportation on a route shall provide, to the extent 
     practicable, air transportation to passengers ticketed for 
     air transportation on that route by any other air carrier 
     that suspends, interrupts, or discontinues air passenger 
     service on the route by reason of an act of war or terrorism 
     or insolvency or bankruptcy of the carrier.''.
       (b) Conforming Amendment.--The analysis for such subchapter 
     is amended by adding at the end the following:
``41722. Requirement to honor passenger tickets of other carriers.''.

     SEC. 123. SENSE OF CONGRESS ON CERTAIN AVIATION MATTERS.

       (a) Flight Service Station Employees.--It is the sense of 
     Congress that the Administrator of the Federal Aviation 
     Administration should continue negotiating in good faith with 
     flight service station employees of the Administration with a 
     goal of reaching agreement on a contract as soon as possible.
       (b) War Risk Insurance.--It is the sense of Congress that 
     the Secretary of Transportation should implement section 202 
     of the Air Transportation Safety and System Stabilization Act 
     (Public Law 107-42) so as to make war risk insurance 
     available to vendors, agents, and subcontractors of general 
     aviation aircraft.
       (c) Transport of Animals.--It is the sense of Congress that 
     an air carrier that transports mail under a contract with the 
     United States Postal Service should transport any animal that 
     the Postal Service allows to be shipped through the mail.
       (d) Screening.--It is the sense of Congress that the Under 
     Secretary of Transportation for Security should require, as 
     soon as practicable, that all property carried in a passenger 
     aircraft in air transportation or intrastate air 
     transportation (including checked baggage) be screened by any 
     currently available means, including X-ray machine, hand-held 
     metal detector, explosive detection system equipment, or 
     manual search.
       (e) Contracts for Airport Security Services.--It is the 
     sense of Congress that, in awarding a contract for airport 
     security services, the Under Secretary of Transportation for 
     Security should, to the maximum extent practicable, award the 
     contract to a firm that is owned and controlled by a citizen 
     of the United States.

                     TITLE II--VICTIMS COMPENSATION

     SEC. 201. LIMITATION ON LIABILITY FOR DAMAGES ARISING OUT OF 
                   CRASHES OF SEPTEMBER 11, 2001.

       Section 408 of the Air Transportation Safety and System 
     Stabilization Act (Public Law 107-42; 115 Stat. 240; 49 
     U.S.C. 40101 note) is amended--
       (1) by amending the section heading to read as follows:

     ``SEC. 408. LIMITATION ON LIABILITY FOR DAMAGES ARISING OUT 
                   OF CRASHES OF SEPTEMBER 11, 2001.'';

       (2) by amending subsection (a) to read as follows:
       ``(a) General Limitation of Liability.--Except as provided 
     in this section, no Federal court or agency or State court or 
     agency shall enforce any Federal or State law holding any 
     person, or any State or political subdivision thereof, liable 
     for any damages arising out of the hijacking and subsequent 
     crashes of American Airlines flights 11 or 77, or United 
     Airlines flights 93 or 175, on September 11, 2001.'';
       (3) in subsection (b), by adding at the end the following 
     new paragraphs:
       ``(4) Damages.--If any party to any action brought under 
     this subsection is determined to be liable--
       ``(A) no damages in the aggregate ordered by the court to 
     be paid by such party shall exceed the amount of insurance, 
     minus any payments made pursuant to a court approved 
     settlement, which such party is determined to have obtained 
     prior to September 11, 2001, and which is determined to cover 
     such party's liability for any damages arising out of the 
     hijacking and subsequent crashes of American Airlines flights 
     11 or 77, or United Airlines flights 93 or 175, on September 
     11, 2001;
       ``(B) such party shall not be liable for interest prior to 
     the judgment or for punitive damages intended to punish or 
     deter; and
       ``(C) the court shall reduce the amount of damages awarded 
     to a plaintiff by the amount of collateral source 
     compensation that the plaintiff has received or is entitled 
     to receive as a result of the terrorist-related aircraft 
     crashes of September 11, 2001.
       ``(5) Attorneys' fees.--Reasonable attorneys' fees for work 
     performed in any action brought under this subsection shall 
     be subject to the discretion of the court, but in no event 
     shall any attorney charge, demand, receive, or collect for 
     services rendered, fees in

[[Page H7658]]

     excess of 20 percent of the damages ordered by the court to 
     be paid pursuant to this subsection, or in excess of 20 
     percent of any court approved settlement made of any claim 
     cognizable under this subsection. Any attorney who charges, 
     demands, receives, or collects for services rendered in 
     connection with such claim any amount in excess of that 
     allowed under this subsection, if recovery be had, shall be 
     fined not more than $2,000 or imprisoned not more than one 
     year, or both.'';
       (4) by amending subsection (c) to read as follows:
       ``(c) Exclusion.--Nothing in this section shall in any way 
     limit any liability of any person who--
       ``(1) hijacks any aircraft or commits any terrorist act; or
       ``(2) knowingly participates in a conspiracy to hijack any 
     aircraft or commit any terrorist act.''; and
       (5) by adding at the end the following new subsections:
       ``(d) Disclaimer.--Nothing herein implies that any person 
     is liable for damages arising out of the hijacking and 
     subsequent crashes of American Airlines flights 11 or 77, or 
     United Airlines flights 93 or 175, on September 11, 2001.
       ``(e) State Defined.--In this section, the term `State' 
     means any State of the United States, the District of 
     Columbia, the Commonwealth of Puerto Rico, the Northern 
     Mariana Islands, the United States Virgin Islands, Guam, 
     American Samoa, and any other territory of possession of the 
     United States or any political subdivision of any of the 
     foregoing.''.
  The CHAIRMAN. Pursuant to House Resolution 274, the gentleman from 
Alaska (Mr. Young) and a Member opposed each will control 10 minutes.
  The Chair recognizes the gentleman from Alaska (Mr. Young).
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I do not know why I should read this explanation, it 
was read before, if anybody was listening; but the manager's amendment 
consists of a number of provisions that Members have requested in order 
to improve our bill.
  Some of these amendments clarify existing language in the bill to 
ensure that we truly have a better system of security for the traveling 
public. Others are intended to provide additional assistance to those 
who suffered substantial increased costs due to Federal security 
mandates since September 11.
  We change the title of the bill to better reflect the fact that this 
bill federalizes the airport screening process, and want to make that 
clear.
  The new title of this bill is ``Airport Security Federalization 
Act.''
  The manager's amendment provides much-needed assistance to airports 
to meet their increased security expenses by authorizing $1.5 billion 
to cover increased security costs into FY 2003.
  The amendment authorizes the Under Secretary to deputize screeners as 
Federal transportation security agents and ensure that such agents 
operate under common standards, badges, uniforms, and insignias.
  We increase the requirements for retroactive background checks for 
screeners and airport employees.
  The amendment strengthens existing language in the bill on the 
screeners who check baggage and sets a deadline for screening of all 
baggage for December 31, 2003.
  The amendment addresses compensation for air marshals and ensures 
that they will be able to travel back to their homes without charge 
when they leave active duty status.
  This is a good amendment. This amendment has been discussed and 
greatly improves the bill.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I claim the time in opposition to the 
amendment.
  The CHAIRMAN. The gentleman from Minnesota is recognized for 10 
minutes.
  Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from Virginia (Mr. Scott), a member of the Committee on the 
Judiciary.
  Mr. SCOTT. Mr. Chairman, I thank the gentleman for yielding me time.
  I would like to speak very briefly on the victims' compensation 
portion of the amendment, better titled ``Limits on Victims' 
Compensation.'' This liability section includes a lot of tort reform 
provisions not considered by the Committee on the Judiciary, and there 
are a number of unanswered questions that hopefully would be resolved 
had it been considered by the Committee on the Judiciary.
  For example, to qualify for relief, and that is it limits loss to 
insurance coverage, to qualify for that kind of relief from liability, 
the defendant must show the damages arise out of the hijacking and 
subsequent crashes on September 11. The question, of course, is what 
does ``arise out of'' mean?
  If you are in a breach-of-contract suit in state court in California 
and alleging that the goods were not delivered or were slow to deliver 
and that might have been caused by the September 11 crash and the 
subsequent failure of people to move, does that count as arising out of 
the crashes?
  Why should we reward people for not having insurance? If two cases 
are identical and one person has insurance, they can recover. In the 
next case, the person does not have insurance or is self-insured, no 
recovery. That is obviously not fair.
  How do deductibles work? If you have $1 million coverage and $10,000 
deductible, what happens to a $9,000 claim? Do you lose it because it 
is not covered by insurance? When we had the airline relief bill, we 
provided specific help to specific defendants, knowing the kinds of 
cases; and we knew their insurance coverage. That is not the case here.
  There are other provisions, like the attorney's fees provision where 
you assume that the person is charging a contingent percentage fee. 
They may be charging a flat fee. Also the collateral source rules.
  These provisions have not been considered by the Committee on the 
Judiciary. They have nothing to do with security; and, therefore, the 
manager's amendment ought to be defeated.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield 3 minutes to the gentleman 
from Wisconsin (Mr. Sensenbrenner), the chairman of the Committee on 
the Judiciary.
  Mr. SENSENBRENNER. Mr. Chairman, I am a bit puzzled hearing my 
colleague on the Committee on the Judiciary, the gentleman from 
Virginia (Mr. Scott), say that this bill ought to be delayed so that 
the Committee on the Judiciary can consider contingent liability 
issues. We have heard from the other side again and again that we ought 
to send the substitute amendment to the President tonight so that the 
people can have protection, and yet my colleague from the Committee on 
the Judiciary wants us to spend some time looking at contingent 
liability provisions.
  The manager's amendment is important to complete the job we failed to 
do in passing the airline liability bill. That bill capped air 
carriers' liability at the limit of their insurance, so we have 
protected United Airlines and American Airlines and the security firms 
that screened the passengers that got on the planes that were hijacked, 
which have been included in the definition of air carriers by two 
Federal Court decisions; but we did not give the same type of 
contingent liability protection to Boeing, the manufacturer of the 
plane, to Pratt and Whitney and General Electric, the manufacturers of 
the engines, the Port Authority of New York and New Jersey, which is a 
quasi-public corporation, the lessee of the World Trade Center, the 
fire department and police departments of the City of New York, and 
anybody else that might have contingent liability.
  What the manager's amendment provision does is to close the loop. If 
we do not close the loop, none of the entities I have talked about, 
particularly the private sector entities, are going to be able to 
borrow money. So unless the manager's amendment is passed, you are not 
going to be able to see Boeing and General Electric and Pratt and 
Whitney and the wallboard manufacturer of the walls in the 105th floor 
of the World Trade Center be able to keep themselves in business, 
because no bank will lend them money because of contingent liability 
issues.
  So if the manager's amendment goes down because of the arguments the 
gentleman from Virginia (Mr. Scott) has advanced, then I guess American 
airlines, and that is small ``a'' American airlines, not the 
corporation, are going to be flying Air Buses with Rolls Royce engines 
simply because we are not going to have American manufacturers in the 
international civil aviation market.
  This provision of the manager's amendment is strongly endorsed both 
by Governor Pataki and Mayor Giuliani, who feel it is necessary to 
protect the State, the city, and the

[[Page H7659]]

Port Authority from lawsuits; and I think that this is reasonable, to 
give corporations and entities besides the airlines the same type of 
protection that we gave air carriers in the airline liability bill.
  The manager's amendment should be passed. I thank the gentleman from 
Alaska for including it in his amendment.
  Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from Texas (Mr. Green).
  Mr. GREEN of Texas. Mr. Chairman, I thank the ranking member for 
yielding me time.
  Mr. Chairman, I rise in opposition to the so-called airport security 
bill that my Republican colleagues have finally brought to the floor, 
and support the Oberstar-Ganske bipartisan substitute. This bill is 
weeks late. In ignoring the bipartisan efforts of our colleagues in the 
Senate, we are delaying the much-needed restructuring of our Nation's 
airport security. We are continuing the risk for the American flying 
public by simply going to conference committee for we do not know how 
long.
  We have seen the results of not taking security at our airports 
seriously. Since the terrorist attacks of September 11, security has 
been increased at airports across America; but we need to 
professionalize it.
  We continue to hear reports of passengers carrying weapons on planes, 
convicted felons serving as security screeners, and unauthorized 
personnel being allowed access to secure areas. It is time for the 
Federal Government to step in. We have resources that neither the air 
carriers nor the current security contractors possess. We need Federal 
air marshals, expanded anti-hijacking training for flight crews, 
fortified cockpit doors, X-ray inspection of all carry-on and checked 
bags.
  It is clear that the current system of contracting out this law 
enforcement function to the lowest bidder has created a workforce that 
suffers from high turnover, low pay and low morale. Congress should 
take this opportunity to create a professional, highly skilled, well-
trained Federal law enforcement workforce.
  We do not want to privatize our Capitol Police, the U.S. Customs, the 
FBI, or the Border Patrol. They are law enforcement; and that is what 
law enforcement functions are, and that is what this is.
  To close, the comments that the only thing Democrats want to do is 
use Federal employees so they can be union members, I could not have 
heard it better yesterday from airline pilot that said the heroes of 
September 11 were union members: the airline pilots, the flight 
attendants, the New York police and firefighters. A free and strong 
union movement is vital to our Nation, if it is a public and police 
function at our airports.
  I urge my colleagues to vote now for the safety of the American 
public.
  Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the gentleman from 
Maine (Mr. Baldacci).
  Mr. BALDACCI. Mr. Chairman, I would like to thank the ranking member 
for yielding me time and also for the leadership he has shown on this 
very important issue.
  As a member of the Subcommittee on Aviation, it became very apparent 
to all of us that we are lacking in this particular area. This is not a 
question of more Federal employees or less Federal employees or private 
contractors. There is a problem in the system.
  The argument that was advanced earlier was, well, because there is a 
problem of communication of Federal law enforcement agencies, we do not 
want to add to that problem of Federal coordination of law enforcement 
agencies. I totally reject that. If we are going to be able to make 
sure that the screeners on the front lines of security have the latest 
information about terrorists and suspected terrorists, they need to be 
Federal employees, Federal law enforcement personnel, so they have the 
information from the Justice Department which this legislation 
authorizes the Attorney General to be able to promulgate the rules and 
regulations. They need to be in the Federal loop. The appointment of 
Tom Ridge as Homeland Security Czar was meant to demand that 
coordination. We should not accept anything else but coordination of 
the FBI, the intelligence agencies, and all Federal law enforcement.
  The other issue that needs to be federalized is the uniform security. 
Different airlines in our hearings had different procedures what to 
look at. One looks at this, one looks at something else. We need 
uniform Federal standards, and we need to advance and upgrade these 
positions if we are going to encourage the public to fly again and feel 
the security of flying again.
  This is not a question of more Federal employees or private 
contractors. It is based on the hearings the subcommittee held, the 
testimony that was taken. There are gaping holes in the system.
  This has been approved overwhelmingly in the Senate, bipartisanly, 
and bipartisanly in this Congress. I totally reject the arguments that 
are being made that it can be done better with what we have now in 
dressing it up.
  Mr. Chairman, I ask my colleagues to stand together, to unite around 
this legislation and to get them into the airports where they belong.
  Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the distinguished 
gentlewoman from Texas (Ms. Jackson-Lee).
  (Ms. JACKSON-LEE of Texas asked and was given permission to revise 
and extend her remarks.)
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman very 
much for yielding. I was discussing earlier today that this is not a 
time to cast any doubt or any suggestion on the honesty and integrity 
of individuals who have come to this floor with different opinions. But 
I want to thank, as I said earlier, the leadership of the Committee on 
Transportation and Infrastructure for allowing us this debate on this 
very important issue.
  I would have preferred standing in this well 3 weeks ago, 4 weeks 
ago, almost a month ago. I would have preferred not standing at all, or 
having to deliberate on this legislation and or having to reflect on 
September 11, 2001. But we are here today because that tragedy 
occurred. As I mentioned to the distinguished gentleman from Minnesota 
(Mr. Oberstar), we are also here because Pan Am 103 occurred December 
1988. A plane full of happy individuals leaving the European continent, 
coming home for the holidays, flight attendants, pilots, families, 
students, all looking forward to the Christmas holiday.

                              {time}  1715

  And over Lockerbie, Scotland, that plane blew up because of a bomb 
placed in an unsecured checked bag. If we do anything today, we should 
pass this bill so that it could be on the President's desk this 
evening. The reason is, for once in this Nation, for the first time, we 
will be able to tell the American people that every single bag that 
gets on the airplane, checked luggage, will be screened and analyzed. 
We will have Federal air marshals; and rather than a paper-thin cockpit 
door, we will have an enforced cockpit door. We will also have the 
ability to say ``no room at the inn'' for anyone who comes in with a 
$25,000 check and says, I want to be a pilot in the United States of 
America, and we do not know their background or why they came here to 
this country.
  There are many tragic things that happened on September 11, 2001. Our 
borders were not as secure as they should have been. We did not have 
the tracking ability to track those who came in legally, but over 
stayed their visas; and then we did not have reenforced cockpit doors. 
But we must do the right thing today and correct what we can do today--
federalize airline security. Do what the American people deserve--
provider security for the airlines to provide safe airways for the 
American people now!
  Mr. YOUNG of Alaska. Mr. Chairman, I yield 2 minutes to the gentleman 
from North Carolina (Mr. Ballenger).
  (Mr. Ballenger asked and was given permission to revise and extend 
his remarks.)
  Mr. BALLENGER. Mr. Chairman, lack of experience in times of decision 
can easily lead to mistakes. I would imagine that the largest number of 
employees most Members of Congress have ever employed is their staff 
here in Washington and back in their districts. As employers, Members 
of Congress are called on to make hiring, firing and fringe benefit 
decisions for their staffs. They are involved in hiring, firing, 
evaluating, and eliminating weak or unsatisfactory employees. These 
decisions can be made without government advice or instructional 
guidelines.

[[Page H7660]]

  Now, let us just imagine that we federalize all congressional 
employees. They would immediately gain all the benefits of civil 
service, which would then require us to hire, pay, and advance 
employees according to government regulations; and by the way, we could 
not fire them without a major just-cause hearing, which we would 
probably lose. Everything would have to be done according to prescribed 
rules. In other words, we would no longer control the operation of our 
offices, good or bad.
  In the case of a Member, we are talking about 15 or 20 employees; but 
suppose we are talking about Federal aviation safety. We are talking 
about 31,000 employees who deem their jobs by government hiring and 
would not have to be efficient, polite or qualified. Under the control 
of the FAA, the Justice Department or whatever agency, can we imagine 
how long it would take to get such an operation started? Probably a 
year or two. Does that sound about right?
  Stop and think about how efficient any government operation is. Can 
we replace the FAA or the INS or Internal Revenue Service or even 
change their operating system when it becomes out of date? We tried, 
but to no avail. Remember the reduction to government employees under 
President Clinton? Those reductions were nearly all Armed Forces. He 
could not touch civilian employees.
  By the way, over 40 of the Senators who voted for the Senate version 
now confess they would never have supported it if their leadership had 
given them another choice.
  Vote to allow private airport security operation overseen by the 
Federal Government. Vote for President Bush's choice.


                      announcement by the chairman

  The CHAIRMAN. Once again, the Chair would remind Members not to 
speculate on the intent of Members of the other body.
  Mr. OBERSTAR. Mr. Chairman, could the Chair enlighten us on the time 
remaining?
  The CHAIRMAN. The gentleman from Minnesota (Mr. Oberstar) has 2 
minutes remaining, and the gentleman from Alaska (Mr. Young) has 3\1/2\ 
minutes remaining.
  Mr. OBERSTAR. And under the procedure of the House, does our side 
have the right to close?
  The CHAIRMAN. That is correct.


                         Parliamentary Inquiry

  Mr. YOUNG of Alaska. Mr. Chairman, I have a parliamentary inquiry.
  The CHAIRMAN. The gentleman will state it.
  Mr. YOUNG of Alaska. Mr. Chairman, I thought the one who offers the 
amendment has the right to close.
  The CHAIRMAN. The gentleman normally would be correct; but under this 
particular amendment, under clause 3(c) of rule XVII, the minority 
manager has the right to close.
  Mr. OBERSTAR. Mr. Chairman, I reserve the balance of my time.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield 1 minute to the gentleman 
from Florida (Mr. Mica).
  Mr. MICA. Mr. Chairman, again, I will try to set the record straight. 
The gentleman from Maine who spoke earlier talked about the need to 
establish some type of an exchange of information; and it is true, the 
Senate bill does establish that. However, it does not provide that the 
information go to the airlines. The airlines are the only ones that 
have the passenger list. In their haste to pass this legislation, the 
other body left out the provision to require a passenger list from 
foreign carriers; and in today's paper, it looks like those in the 
other body are trying to correct that deficiency.
  The gentlewoman from Texas talked about cockpit doors and air 
marshals. The President has already ordered that. That is under way; it 
is in all of the pieces of legislation. In fact, the cockpit doors, 
Secretary Mineta told me, in all major aircraft will be in by November 
7 and air marshals are being put in place every day.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the distinguished 
gentlewoman from Ohio (Mrs. Jones).
  (Mrs. Jones of Ohio asked and was given permission to revise and 
extend her remarks.)
  Mrs. JONES of Ohio. Mr. Chairman, I would like to thank the gentleman 
from Minnesota (Mr. Oberstar) and his colleague for offering the Senate 
bill. I rise in support of it.
  Unlike some of my colleagues, I have overseen more than 300 employees 
and many of them were law enforcement officers. Unlike many of my 
colleagues, my father worked for the airlines, my sister works for the 
airlines, my niece works for the airlines, my brother-in-law works for 
the airlines; and this bill is very important to my family and the 
American public.
  I rise because I believe that airline security must be an honorable 
position, just like police officers, just like fire marshals, just like 
everyone else who does a law enforcement job. Let us elevate them to 
the level of honor that they deserve so that the American people will 
believe that their safety is covered. Let us elevate them to the 
position of a Federal employee doing a law enforcement job with law 
enforcement equipment and honored by this Nation's public.
  Mr. Chairman, I rise in support of the legislation.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield 1 minute to the gentleman 
from Florida (Mr. Shaw).
  Mr. SHAW. Mr. Chairman, I thank the gentleman for yielding this time 
to me.
  I want to use this time to point out one area of the Senate bill 
which will soon be offered as a substitute which I feel to be somewhat 
incredible, and I would doubt that the Members on the other side are 
really, really aware of its inclusions. One of the provisions in that 
bill requires that the screener will have to have been a national of 
the United States as defined in section 1012(22) of the Immigration and 
Nationality Act contained in U.S.C. 1101(a)(22) for a minimum of 5 
consecutive years.
  Now, I would ask, has anybody looked up that section to see exactly 
what that provides?
  Mr. Chairman, that provides that in many instances that a citizen is 
defined as a national in that section, that we may be setting up a 
system of second-class citizens. This is clearly wrong. It is nowhere 
in the United States Code, and it should not be tolerated by this 
House.


                      announcement by the chairman

  The CHAIRMAN. The Chair would remind Members in regard to references 
to the other body that the Chair previous admonitions are still valid.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself the remaining time.
  I hope people are listening to what the gentleman from Florida (Mr. 
Shaw) had to say. We are setting up an unconstitutional thing of two-
tiered citizenry. I hope we understand what that does. It means one can 
be a citizen, but one cannot work unless they have been a citizen for 5 
years. They have already gone through the process and held up their 
hand, but they cannot work under that bill.
  Mr. Chairman, I urge the passage of my bill. It is appropriate. It is 
the right thing to do. It makes the original bill, the base bill, 
better. It is a bill that, as I say, should be passed.
  Mr. Chairman, I yield back the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I yield myself the remaining time.
  In response to the last commentary about the provision referring to 
citizenship, there are two types of nationals: citizens of the United 
States who are both citizens and nationals, and nationals of American 
Samoa and Swains Island, who owe an allegiance to the United States. 
The term ``national'' does not encompass aliens. It is intended to be 
broad to encompass those I have just mentioned.
  Now, our substitute, which the gentleman from Iowa (Mr. Ganske) and I 
offered on a bipartisan basis, has been characterized as being 
disruptive, creates a disruptive transition. But the maximum disruptive 
transition is right here in the manager's substitute providing that any 
private security firm be owned and controlled by a citizen of the 
United States to the extent the President determines that their firm is 
owned and controlled by such citizens. That is going to create a huge 
disruption of having to terminate all the contracts that now exist, 
because they are controlled by a foreign company.
  The CHAIRMAN. All time has expired.
  The question is on the amendment offered by the gentleman from Alaska 
(Mr. Young).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.

[[Page H7661]]

                             Recorded Vote

  Mr. OBERSTAR. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 223, 
noes 202, not voting 7, as follows:

                             [Roll No. 421]

                               AYES--223

     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blunt
     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
     Cramer
     Crane
     Crenshaw
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Dicks
     Doolittle
     Dreier
     Duncan
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ferguson
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Gallegly
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hall (TX)
     Hansen
     Harman
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Issa
     Istook
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Largent
     Larsen (WA)
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Manzullo
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Moran (KS)
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     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 (MS)
     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)

                               NOES--202

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett
     Becerra
     Bentsen
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dingell
     Doggett
     Dooley
     Doyle
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Filner
     Flake
     Ford
     Frank
     Frost
     Ganske
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Gutierrez
     Hall (OH)
     Hastings (FL)
     Hill
     Hilliard
     Hinchey
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Lampson
     Langevin
     Lantos
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Luther
     Lynch
     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)
     Morella
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reyes
     Rivers
     Rodriguez
     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
     Thompson (CA)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson (CA)
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--7

     Ballenger
     Berkley
     Cubin
     Dunn
     Fattah
     Thompson (MS)
     Watt (NC)

                              {time}  1746

  Mr. TAYLOR of Mississippi and Ms. HARMAN changed their votes from 
``no'' to ``aye.''
  Mr. ISRAEL changed his vote from ``aye'' to ``no.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. BALLENGER. Mr. Chairman, on rollcall No. 421, I am not recorded. 
Had I been present, I would have voted ``aye.''
  The CHAIRMAN. It is now in order to consider amendment No. 2 printed 
in House Report 107-264.


 Amendment No. 2 In The Nature Of A Substitute Offered By Mr. Oberstar

  Mr. OBERSTAR. Mr. Chairman, I offer an amendment in the nature of a 
substitute.
  The CHAIRMAN: The Clerk will designate the amendment in the nature of 
a substitute.
  The text of the amendment in the nature of a substitute is as 
follows:

       Amendment in the nature of a substitute printed in House 
     Report No. 107-264 offered by Mr. Oberstar of Minnesota:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Aviation 
     Security Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                       TITLE I--AVIATION SECURITY

Sec. 101. Findings.
Sec. 102. Transportation security function.
Sec. 103. Aviation Security Coordination Council.
Sec. 104. Improved flight deck integrity measures.
Sec. 105. Deployment of Federal air marshals.
Sec. 106. Improved airport perimeter access security.
Sec. 107. Enhanced anti-hijacking training for flight crews.
Sec. 108. Passenger and property screening.
Sec. 109. Training and employment of security screening personnel.
Sec. 110. Research and development.
Sec. 111. Flight school security.
Sec. 112. Report to Congress on security.
Sec. 113. General aviation and air charters.
Sec. 114. Increased penalties for interference with security personnel.
Sec. 115. Security-related study by FAA.
Sec. 116. Air transportation arrangements in certain States.
Sec. 117. Airline computer reservation systems.
Sec. 118. Security funding.
Sec. 119. Increased funding flexibility for aviation security.
Sec. 120. Authorization of funds for reimbursement of airports for 
              security mandates.
Sec. 121. Encouraging airline employees to report suspicious 
              activities.
Sec. 122. Less-than-lethal weaponry for flight deck crews.
Sec. 123. Mail and freight waivers.
Sec. 124. Safety and security of on-board supplies.
Sec. 125. Flight deck security
Sec. 126. Amendments to airmen registry authority.
Sec. 127. Results-based management.
Sec. 128. Use of facilities.
Sec. 129. Report on national air space restrictions put in place after 
              terrorist attacks that remain in place.
Sec. 130. Voluntary provision of emergency services during commercial 
              flights.
Sec. 131. Enhanced security for aircraft.
Sec. 132. Implementation of certain detection technologies.
Sec. 133. Report on new responsibilities of the Department of Justice 
              for aviation security.
Sec. 134. Definitions.

         TITLE II--DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES

  Subtitle A--Expanded Deployment and Utilization of Current Security 
                      Technologies and Procedures

Sec. 201. Expanded deployment and utilization of current security 
              technologies and procedures.

 Subtitle B--Short-Term Assessment and Deployment of Emerging Security 
                      Technologies and Procedures

Sec. 211. Short-term assessment and deployment of emerging security 
              technologies and procedures.

  Subtitle C--Research and Development of Aviation Security Technology

Sec. 221. Research and development of aviation security technology.

[[Page H7662]]

                       TITLE I--AVIATION SECURITY

     SEC. 101. FINDINGS.

       The Congress finds the following:
       (1) The safety and security of the civil air transportation 
     system is critical to the United States' security and its 
     national defense.
       (2) A safe and secure United States civil air 
     transportation system is essential to the basic freedom of 
     Americans to move in intrastate, interstate, and 
     international transportation.
       (3) The terrorist hijackings and crashes of passenger 
     aircraft on September 11, 2001, converting civil aircraft 
     into guided bombs for strikes against civilian and military 
     targets requires the United States to change fundamentally 
     the way it approaches the task of ensuring the safety and 
     security of the civil air transportation system.
       (4) The existing fragmentation of responsibility for that 
     safety and security among government agencies and between 
     government and nongovernment entities is inefficient and 
     unacceptable in light of the hijackings and crashes on 
     September 11, 2001.
       (5) The General Accounting Office has recommended that 
     security functions and security personnel at United States 
     airports should become a Federal government responsibility.
       (6) Although the number of Federal air marshals is 
     classified, their presence on both international and domestic 
     flights would have a deterrent effect on hijacking and would 
     further bolster public confidence in the safety of air 
     travel.
       (7) The effectiveness of existing security measures, 
     including employee background checks and passenger pre-
     screening, is impaired because of the inaccessibility of, or 
     the failure to share information among, data bases maintained 
     by different Federal and international agencies for criminal 
     behavior or pertinent intelligence information.

     SEC. 102. TRANSPORTATION SECURITY FUNCTION.

       (a) In General.--Section 102 of title 49, United States 
     Code, is amended--
       (1) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g); and
       (2) by inserting after subsection (c) the following:
       ``(d) Deputy Secretary for Transportation Security.--
       ``(1) In general.--The Department has a Deputy Secretary 
     for Transportation Security, who shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Deputy Secretary for Transportation Security shall carry 
     out duties and powers prescribed by the Secretary relating to 
     security for all modes of transportation.
       ``(2) Aviation-related duties.--The Deputy Secretary--
       ``(A) shall coordinate and direct, as appropriate, the 
     functions and responsibilities of the Secretary of 
     Transportation and the Administrator of the Federal Aviation 
     Administration under chapter 449;
       ``(B) shall work in conjunction with the Administrator of 
     the Federal Aviation Administration with respect to any 
     actions or activities that may affect aviation safety or air 
     carrier operations; and
       ``(C) shall actively cooperate and coordinate with the 
     Attorney General, the Secretary of Defense, and the heads of 
     other appropriate Federal agencies and departments with 
     responsibilities for national security and criminal justice 
     enforcement activities that are related to aviation security 
     through the Aviation Security Coordination Council.
       ``(3) National emergency responsibilities.--Subject to the 
     direction and control of the Secretary, the Deputy Secretary 
     shall have the following responsibilities:
       ``(A) To coordinate domestic transportation during a 
     national emergency, including aviation, rail, and other 
     surface transportation, and maritime transportation 
     (including port security).
       ``(B) To coordinate and oversee during a national emergency 
     the transportation-related responsibilities of other 
     departments and agencies of the Federal Government other than 
     the Department of Defense and the military departments.
       ``(C) To establish uniform national standards and practices 
     for transportation during a national emergency.
       ``(D) To coordinate and provide notice to other departments 
     and agencies of the Federal Government, and appropriate 
     agencies of State and local governments, including 
     departments and agencies for transportation, law enforcement, 
     and border control, about threats to transportation during a 
     national emergency.
       ``(E) To carry out such other duties, and exercise such 
     other powers, relating to transportation during a national 
     emergency as the Secretary of Transportation shall prescribe.
       ``(4) Relationship to other transportation authority.--The 
     authority of the Deputy Secretary under paragraph (3) to 
     coordinate and oversee transportation and transportation-
     related responsibilities during a national emergency shall 
     not supersede the authority of any other department or agency 
     of the Federal Government under law with respect to 
     transportation or transportation-related matters, whether or 
     not during a national emergency.
       ``(5) Annual report.--The Deputy Secretary shall submit to 
     the Congress on an annual basis a report on the activities of 
     the Deputy Secretary under paragraph (3) during the preceding 
     year.
       ``(6) National emergency.--The Secretary of Transportation 
     shall prescribe the circumstances constituting a national 
     emergency for purposes of paragraph (3).''.
       (b) Attorney General Responsibilities.--The Attorney 
     General of the United States--
       (1) is responsible for day-to-day Federal security 
     screening operations for passenger air transportation or 
     intrastate air transportation under sections 44901 and 44935 
     of title 49, United States Code;
       (2) shall work in conjunction with the Administrator of the 
     Federal Aviation Administration with respect to any actions 
     or activities that may affect aviation safety or air carrier 
     operations;
       (3) is responsible for hiring and training personnel to 
     provide security screening at all United States airports 
     involved in passenger air transportation or intrastate air 
     transportation, in consultation with the Secretary of 
     Transportation, the Secretary of Defense, and the heads of 
     other appropriate Federal agencies and departments; and
       (4) shall actively cooperate and coordinate with the 
     Secretary of Transportation, the Secretary of Defense, and 
     the heads of other appropriate Federal agencies and 
     departments with responsibilities for national security and 
     criminal justice enforcement activities that are related to 
     aviation security through the Aviation Security Coordination 
     Council.
       (c) Review and Development of Ways To Strengthen 
     Security.--Section 44932(c) of title 49, United States Code, 
     is amended--
       (1) by striking ``x-ray'' in paragraph (4);
       (2) by striking ``and'' at the end of paragraph (4);
       (3) by striking ``passengers.'' in paragraph (5) and 
     inserting ``passengers;''; and
       (4) by adding at the end the following:
       ``(6) to strengthen and enhance the ability to detect 
     nonexplosive weapons, such as biological, chemical, or 
     similar substances; and
       ``(7) to evaluate such additional measures as may be 
     appropriate to enhance physical inspection of passengers, 
     luggage, and cargo.''.
       (d) Transition.--Until the Deputy Secretary for 
     Transportation Security takes office, the functions of the 
     Deputy Secretary that relate to aviation security shall be 
     carried out by the Assistant Administrator for Civil Aviation 
     Security of the Federal Aviation Administration.

     SEC. 103. AVIATION SECURITY COORDINATION COUNCIL.

       (a) In General.--Section 44911 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(f) Aviation Security Coordination Council.--
       ``(1) In general.--There is established an Aviation 
     Security Coordination Council.
       ``(2) Function.--The Council shall work with the 
     intelligence community to coordinate intelligence, security, 
     and criminal enforcement activities affecting the safety and 
     security of aviation at all United States airports and air 
     navigation facilities involved in air transportation or 
     intrastate air transportation.
       ``(3) Chair.--The Council shall be chaired by the Secretary 
     of Transportation or the Secretary's designee.
       ``(4) Membership.--The members of the Council are:
       ``(A) The Secretary of Transportation, or the Secretary's 
     designee.
       ``(B) The Attorney General, or the Attorney General's 
     designee.
       ``(C) The Secretary of Defense, or the Secretary's 
     designee.
       ``(D) The Secretary of the Treasury, or the Secretary's 
     designee.
       ``(E) The Director of the Central Intelligence Agency, or 
     the Director's designee.
       ``(F) The head, or an officer or employee designated by the 
     head, of any other Federal agency the participation of which 
     is determined by the Secretary of Transportation, in 
     consultation with the Attorney General, to be appropriate.
       ``(g) Cross-checking Data Base Information.--The Secretary 
     of Transportation, acting through the Aviation Security 
     Coordination Council, shall--
       ``(1) explore the technical feasibility of developing a 
     common database of individuals who may pose a threat to 
     aviation or national security;
       ``(2) enter into memoranda of understanding with other 
     Federal agencies to share or otherwise cross-check data on 
     such individuals identified on Federal agency data bases, and 
     may utilize other available data bases as necessary; and
       ``(3) evaluate and assess technologies in development or 
     use at Federal departments, agencies, and instrumentalities 
     that might be useful in improving the safety and security of 
     aviation in the United States.''.
       (b) Policies and Procedures.--Section 44911(b) of title 49, 
     United States Code, is amended by striking ``international''.
       (c) Strategic Planning.--Section 44911(c) of title 49, 
     United States Code, is amended by striking ``consider 
     placing'' and inserting ``place''.

     SEC. 104. IMPROVED FLIGHT DECK INTEGRITY MEASURES.

       (a) In General.--As soon as possible after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall--
       (1) issue an order (without regard to the provisions of 
     chapter 5 of title 5, United States Code)--
       (A) prohibiting access to the flight deck of aircraft 
     engaged in passenger air transportation or intrastate air 
     transportation except to authorized personnel;

[[Page H7663]]

       (B) requiring the strengthening of the flight deck door and 
     locks on any such aircraft operating in air transportation or 
     intrastate air transportation that has a rigid door in a 
     bulkhead between the flight deck and the passenger area to 
     ensure that the door cannot be forced open from the passenger 
     compartment;
       (C) requiring that such flight deck doors remain locked 
     while any such aircraft is in flight except when necessary to 
     permit the flight deck crew access and egress; and
       (D) prohibiting the possession of a key to any such flight 
     deck door by any member of the flight crew who is not 
     assigned to the flight deck; and
       (2) take such other action, including modification of 
     safety and security procedures, as may be necessary to ensure 
     the safety and security of the aircraft.
       (b) Commuter Aircraft.--The Administrator shall investigate 
     means of securing, to the greatest feasible extent, the 
     flight deck of aircraft operating in air transportation or 
     intrastate air transportation that do not have a rigid fixed 
     door with a lock between the passenger compartment and the 
     flight deck and issue such an order as the Administrator 
     deems appropriate (without regard to the provisions of 
     chapter 5 of title 5, United States Code) to ensure the 
     inaccessibility, to the greatest extent feasible, of the 
     flight deck while the aircraft is so engaged.

     SEC. 105. DEPLOYMENT OF FEDERAL AIR MARSHALS.

       (a) Air Marshals Under Attorney General Guidelines.--The 
     Attorney General shall prescribe guidelines for the training 
     and deployment of individuals authorized, with the approval 
     of the Attorney General, to carry firearms and make arrests 
     under section 44903(d) of title 49, United States Code. The 
     Secretary of Transportation shall administer the air marshal 
     program under that section in accordance with the guidelines 
     prescribed by the Attorney General.
       (b) Deployment.--Section 44903(d) of title 49, United 
     States Code, is amended--
       (1) by inserting ``(1)'' before ``With'';
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B); and
       (3) by adding at the end the following:
       ``(2) The Secretary--
       ``(A) may place Federal air marshals on every scheduled 
     passenger flight in air transportation and intrastate air 
     transportation; and
       ``(B) shall place them on every such flight determined by 
     the Secretary to present high security risks.
       ``(3) In making the determination under paragraph (2)(B), 
     nonstop longhaul flights, such as those targeted on September 
     11, 2001, should be a priority.''.
       (c) Training, Supervision, and Flight Assignment.--Within 
     30 days after the date of enactment of this Act, the 
     Secretary of Transportation, under the authority of 
     subsections (d) and (e) of section 44903 of title 49, United 
     States Code, shall--
       (1) provide for deployment of Federal air marshals on 
     flights in air transportation and 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; and
       (4) require air carriers to provide seating for Federal air 
     marshals on any flight without regard to the availability of 
     seats on that flight.
       (d) International Flights.--The Secretary shall work with 
     the International Civil Aviation Organization and with 
     appropriate civil aviation authorities of foreign governments 
     under section 44907 of title 49, United States Code, to 
     address security concerns on flights by foreign air carriers 
     to and from the United States.
       (e) Interim Measures.--The Secretary may, after 
     consultation with the heads of other Federal agencies and 
     departments, use personnel from those agencies and 
     departments to provide air marshal service on domestic and 
     international flights, and may use the authority provided by 
     section 324 of title 49, United States Code, for such 
     purpose.
       (f) Reports.--
       (1) In general.--The Attorney General and the Secretary of 
     Transportation shall submit the following reports in 
     classified form, if necessary, to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure:
       (A) Within 18 months after the date of enactment of this 
     Act, an assessment of the program carried out under section 
     44903(d) of title 49, United States Code.
       (B) Within 120 days after such date, an assessment of the 
     effectiveness of the security screening process for carry-on 
     baggage and checked baggage.
       (C) Within 6 months after the date of enactment of this 
     Act, an assessment of the safety and security-related 
     training provided to flight and cabin crews.
       (2) Recommendations.--The Attorney General and the 
     Secretary may submit, as part of any report under this 
     subsection or separately, any recommendations they may have 
     for improving the effectiveness of the Federal air marshal 
     program or the security screening process.
       (g) Cooperation with Other Agencies.--The last sentence of 
     section 106(m) of title 49, United States Code, is amended by 
     striking ``supplies and'' and inserting ``supplies, 
     personnel, services, and''.
       (h) Authority to Appoint Retired Law Enforcement 
     Officers.--Notwithstanding any other provision of law, the 
     Secretary of Transportation may appoint an individual who is 
     a retired law enforcement officer or a retired member of the 
     Armed Forces as a Federal air marshal, regardless of age, or 
     an individual discharged or furloughed from a commercial 
     airline cockpit crew position, if the individual otherwise 
     meets the background and fitness qualifications required for 
     Federal air marshals.

     SEC. 106. IMPROVED AIRPORT PERIMETER ACCESS SECURITY.

       (a) In General.--Section 44903 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(h) Improved Airport Perimeter Access Security.--
       ``(1) In general.--The Secretary of Transportation, in 
     consultation with the airport operator and law enforcement 
     authorities, may order the deployment of such personnel at 
     any secure area of the airport as necessary to counter the 
     risk of criminal violence, the risk of aircraft piracy at the 
     airport, the risk to air carrier aircraft operations at the 
     airport, or to meet national security concerns.
       ``(2) Security of aircraft and ground access to secure 
     areas.--In determining where to deploy such personnel, the 
     Secretary shall consider the physical security needs of air 
     traffic control facilities, parked aircraft, aircraft 
     servicing equipment, aircraft supplies (including fuel), 
     automobile parking facilities within airport perimeters or 
     adjacent to secured facilities, and access and transition 
     areas at airports served by other means of ground or water 
     transportation. The Secretary of Transportation, after 
     consultation with the Aviation Security Coordination Council, 
     shall consider whether airport, air carrier personnel, and 
     other individuals with access to such areas should be 
     screened to prevent individuals who present a risk to 
     aviation security or national security from gaining access to 
     such areas.
       ``(3) Deployment of federal law enforcement personnel.--The 
     Secretary of Transportation may enter into a memorandum of 
     understanding or other agreement with the Attorney General or 
     the head of any other appropriate Federal law enforcement 
     agency to deploy Federal law enforcement personnel at an 
     airport in order to meet aviation safety and security 
     concerns.''.
       (b) Small and Medium Airports.--The Administrator of the 
     Federal Aviation Administration shall develop a plan to 
     provide technical support to small and medium airports to 
     enhance security operations, including screening operations, 
     and to provide financial assistance to those airports to 
     defray the costs of enhancing security. The Federal Aviation 
     Administration in consultation with the appropriate State or 
     local government law enforcement authorities, shall reexamine 
     the safety requirements for small community airports, to 
     reflect a reasonable level of threat to those individual 
     small community airports, including the parking of passenger 
     vehicles within 300 feet of the airport terminal building 
     with respect to that airport.
       (c) Chemical and Biological Weapon Detection.--Section 
     44903(c)(2)(C) of title 49, United States Code, is amended to 
     read as follows:
       ``(C) Maximum use of chemical and biological weapon 
     detection equipment.--The Secretary of Transportation shall 
     require airports to maximize the use of technology and 
     equipment that is designed to detect potential chemical or 
     biological weapons.''.
       (d) Improvement of Secured-Area Access Control.--Section 
     44903(g)(2) of title 49, United States Code, is amended--
       (1) by striking ``weaknesses by January 31, 2001;'' in 
     subparagraph (A) and inserting ``weaknesses;'';
       (2) by striking subparagraph (D) and inserting the 
     following:
       ``(D) on an ongoing basis, assess and test for compliance 
     with access control requirements, report annually findings of 
     the assessments, and assess the effectiveness of penalties in 
     ensuring compliance with security procedures and take any 
     other appropriate enforcement actions when noncompliance is 
     found;'';
       (3) by striking ``program by January 31, 2001;'' in 
     subparagraph (F) and inserting ``program;''; and
       (4) by striking subparagraph (G) and inserting the 
     following:
       ``(G) work with airport operators to strengthen access 
     control points in secured areas (including air traffic 
     control operations areas, maintenance areas, crew lounges, 
     baggage handling areas, concessions, and catering delivery 
     areas) to ensure the security of passengers and aircraft and 
     consider the deployment of biometric or similar technologies 
     that identify individuals based on unique personal 
     characteristics.''.
       (e) Airport Security Pilot Program.--Section 44903(c) of 
     title 49, United States Code, is amended by adding at the end 
     the following:
       ``(3) The Administrator shall establish pilot programs in 
     no fewer than 20 airports to test and evaluate new and 
     emerging technology for providing access control and other 
     security protections for closed or secure areas of the 
     airports. Such technology may include biometric or other 
     technology that ensures only authorized access to secure 
     areas.''.
       (f) Airport Security Awareness Programs.--The Secretary of 
     Transportation

[[Page H7664]]

     shall require air carriers and airports involved in air 
     transportation or intrastate air transportation to develop 
     security awareness programs for airport employees, ground 
     crews, and other individuals employed at such airports.

     SEC. 107. ENHANCED ANTI-HIJACKING TRAINING FOR FLIGHT CREWS.

       (a) In General.--The Secretary of Transportation shall 
     develop a mandatory air carrier program of training for 
     flight and cabin crews of aircraft providing air 
     transportation or intrastate air transportation in dealing 
     with attempts to commit aircraft piracy (as defined in 
     section 46502(a)(1)(A) of title 49, United States Code). The 
     Secretary shall ensure that the training curriculum is 
     developed in consultation with Federal law enforcement 
     agencies with expertise in terrorism, self-defense, hijacker 
     psychology, and current threat conditions.
       (b) Notification Procedures.--The Administrator of the 
     Federal Aviation Administration shall revise the procedures 
     by which cabin crews of aircraft can notify flight deck crews 
     of security breaches and other emergencies and implement any 
     new measures as soon as practicable.

     SEC. 108. PASSENGER AND PROPERTY SCREENING.

       (a) In General.--Section 44901 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 44901. Screening passengers, individuals with access 
       to secure areas, and property

       ``(a) In General.--The Attorney General, in consultation 
     with the Secretary of Transportation, shall provide for the 
     screening of all passengers and property, including United 
     States mail, cargo, carry-on and checked baggage, and other 
     articles, that will be carried aboard an aircraft in air 
     transportation or intrastate air transportation. The 
     screening shall take place before boarding and, except as 
     provided in subsection (c), shall be carried out by a Federal 
     government employee (as defined in section 2105 of title 5, 
     United States Code). The Attorney General, in consultation 
     with the Secretary, shall provide for the screening of all 
     persons, including airport, air carrier, foreign air carrier, 
     and airport concessionaire employees, before they are allowed 
     into sterile or secure areas of the airport, as determined by 
     the Attorney General. The screening of airport, air carrier, 
     foreign air carrier, and airport concessionaire employees, 
     and other nonpassengers with access to secure areas, shall be 
     conducted in the same manner as passenger screenings are 
     conducted, except that the Attorney General may authorize 
     alternative screening procedures for personnel engaged in 
     providing airport or aviation security at an airport. In 
     carrying out this subsection, the Attorney General shall 
     maximize the use of available nonintrusive and other 
     inspection and detection technology that is approved by the 
     Administrator of the Federal Aviation Administration for the 
     purpose of screening passengers, baggage, mail, or cargo.
       ``(b) Deployment of Armed Personnel.--
       ``(1) In general.--The Attorney General shall order the 
     deployment of law enforcement personnel authorized to carry 
     firearms at each airport security screening location to 
     ensure passenger safety and national security.
       ``(2) Minimum requirements.--Except at airports required to 
     enter into agreements under subsection (c), the Attorney 
     General shall order the deployment of at least 1 law 
     enforcement officer at each airport security screening 
     location. At the 100 largest airports in the United States, 
     in terms of annual passenger enplanements for the most recent 
     calendar year for which data are available, the Attorney 
     General shall order the deployment of additional law 
     enforcement personnel at airport security screening locations 
     if the Attorney General determines that the additional 
     deployment is necessary to ensure passenger safety and 
     national security.
       ``(c) Security at Small Community Airports.--
       ``(1) Passenger screening.--In carrying out subsection (a) 
     and subsection (b)(1), the Attorney General may require any 
     nonhub airport (as defined in section 41731(a)(4)) or smaller 
     airport with scheduled passenger operations to enter into an 
     agreement under which screening of passengers and property 
     will be carried out by qualified, trained State or local law 
     enforcement personnel if--
       ``(A) the screening services are equivalent to the 
     screening services that would be carried out by Federal 
     personnel under subsection (a);
       ``(B) the training and evaluation of individuals conducting 
     the screening or providing security services meets the 
     standards set forth in section 44935 for training and 
     evaluation of Federal personnel conducting screening or 
     providing security services under subsection (a);
       ``(C) the airport is reimbursed by the United States, using 
     funds made available by the Aviation Security Act, for the 
     costs incurred in providing the required screening, training, 
     and evaluation; and
       ``(D) the Attorney General has consulted the airport 
     sponsor.
       ``(2) Determination of limited requirements.--The Attorney 
     General, in consultation with the Secretary of 
     Transportation, may prescribe modified aviation security 
     measures for a nonhub airport if the Attorney General 
     determines that specific security measures are not required 
     at a nonhub airport at all hours of airport operation because 
     of--
       ``(A) the types of aircraft that use the airport;
       ``(B) seasonal variations in air traffic and types of 
     aircraft that use the airport; or
       ``(C) other factors that warrant modification of otherwise 
     applicable security requirements.
       ``(3) Additional federal security measures.--At any airport 
     required to enter into a reimbursement agreement under 
     paragraph (1), the Attorney General--
       ``(A) may provide or require additional security measures;
       ``(B) may conduct random security inspections; and
       ``(C) may provide assistance to enhance airport security at 
     that airport.
       ``(d) Manual Process.--
       ``(1) In general.--The Attorney General shall require a 
     manual process, at explosive detection system screening 
     locations in airports where explosive detection equipment is 
     underutilized, which will augment the Computer Assisted 
     Passenger Prescreening System by randomly selecting 
     additional checked bags for screening so that a minimum 
     number of bags, as prescribed by the Attorney General, are 
     examined.
       ``(2) Limitation on statutory construction.--Paragraph (1) 
     shall not be construed to limit the ability of the Attorney 
     General or the Secretary of Transportation to impose 
     additional security measures when a specific threat warrants 
     such additional measures.
       ``(3) Maximum use of explosive detection equipment.--In 
     prescribing the minimum number of bags to be examined under 
     paragraph (1), the Attorney General shall seek to maximize 
     the use of the explosive detection equipment.
       ``(e) Flexibility of Arrangements.--In carrying out 
     subsections (a), (b), and (c), the Attorney General may use 
     memoranda of understanding or other agreements with the heads 
     of appropriate Federal law enforcement agencies covering the 
     utilization and deployment of personnel of the Department of 
     Justice or such other agencies.''.
       (b) Deputizing of State and Local Law Enforcement 
     Officers.--Section 512 of the Wendell H. Ford Aviation 
     Investment and Reform Act for the 21st Century is amended--
       (1) by striking ``purpose of'' in subsection (b)(1)(A) and 
     inserting ``purposes of (i)'';
       (2) by striking ``transportation;'' in subsection (b)(1)(A) 
     and inserting ``transportation, and (ii) regulate the 
     provisions of security screening services under section 
     44901(c) of title 49, United States Code;'';
       (3) by striking ``not federal responsibility'' in the 
     heading of subsection (b)(3)(b);
       (4) by striking ``shall not be responsible for providing'' 
     in subsection (b)(3)(B) and inserting ``may provide'';
       (5) by striking ``flight.'' in subsection (c)(2) and 
     inserting ``flight and security screening functions under 
     section 44901(c) of title 49, United States Code.'';
       (6) by striking ``General'' in subsection (e) and inserting 
     ``General, in consultation with the Secretary of 
     Transportation,''; and
       (7) by striking subsection (f).
       (c) Transition.--The Attorney General shall complete the 
     full implementation of section 44901 of title 49, United 
     States Code, as amended by subsection (a), as soon as is 
     practicable but in no event later than 9 months after the 
     date of enactment of this Act. The Attorney General may make 
     or continue such arrangements, including arrangements under 
     the authority of sections 40110 and 40111 of that title, for 
     the screening of passengers and property under that section 
     as the Attorney General determines necessary pending full 
     implementation of that section as so amended.

     SEC. 109. TRAINING AND EMPLOYMENT OF SECURITY SCREENING 
                   PERSONNEL.

       (a) In General.--Section 44935 of title 49, United States 
     Code, is amended--
       (1) by redesignating subsection (f) as subsection (i); and
       (2) by striking subsection (e) and inserting the following:
       ``(e) Security Screeners.--
       ``(1) Training program.--The Attorney General, in 
     consultation with the Secretary of Transportation, shall 
     establish a program for the hiring and training of security 
     screening personnel.
       ``(2) Hiring.--
       ``(A) Qualifications.--The Attorney General shall 
     establish, within 30 days after the date of enactment of the 
     Aviation Security Act, qualification standards for 
     individuals to be hired by the United States as security 
     screening personnel. Notwithstanding any provision of law to 
     the contrary, those standards shall, at a minimum, require an 
     individual--
       ``(i) to have a satisfactory or better score on a Federal 
     security screening personnel selection examination;
       ``(ii) to have been a national of the United States, as 
     defined in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22)), for a minimum of 5 
     consecutive years;
       ``(iii) to have passed an examination for recent 
     consumption of a controlled substance;
       ``(iv) to meet, at a minimum, the requirements set forth in 
     subsection (f); and
       ``(v) to meet such other qualifications as the Attorney 
     General may establish.
       ``(B) Background checks.--The Attorney General shall 
     require that an individual to be hired as a security screener 
     undergo an employment investigation (including a criminal 
     history record check) under section 44936(a)(1).

[[Page H7665]]

       ``(C) Disqualification of individuals who present national 
     security risks.--The Attorney General, in consultation with 
     the heads of other appropriate Federal agencies, shall 
     establish procedures, in addition to any background check 
     conducted under section 44936, to ensure that no individual 
     who presents a threat to national security is employed as a 
     security screener.
       ``(3) Examination; review of existing rules.--The Attorney 
     General shall develop a security screening personnel 
     examination for use in determining the qualification of 
     individuals seeking employment as security screening 
     personnel. The Attorney General shall also review, and revise 
     as necessary, any standard, rule, or regulation governing the 
     employment of individuals as security screening personnel.
       ``(f) Employment Standards for Screening Personnel.--
       ``(1) Screener requirements.--Notwithstanding any provision 
     of law to the contrary, an individual may not be employed as 
     a security screener unless that individual meets the 
     following requirements:
       ``(A) The individual shall possess a high school diploma, a 
     General Equivalency Diploma, or experience that the Attorney 
     General has determined to have equipped the individual to 
     perform the duties of the position.
       ``(B) The individual shall possess basic aptitudes and 
     physical abilities including color perception, visual and 
     aural acuity, physical coordination, and motor skills to the 
     following standards:
       ``(i) Screeners operating screening equipment shall be able 
     to distinguish on the screening equipment monitor the 
     appropriate imaging standard specified by the Attorney 
     General. Wherever the screening equipment system displays 
     colors, the operator shall be able to perceive each color.
       ``(ii) Screeners operating any screening equipment shall be 
     able to distinguish each color displayed on every type of 
     screening equipment and explain what each color signifies.
       ``(iii) Screeners shall be able to hear and respond to the 
     spoken voice and to audible alarms generated by screening 
     equipment in an active checkpoint environment.
       ``(iv) Screeners performing physical searches or other 
     related operations shall be able to efficiently and 
     thoroughly manipulate and handle such baggage, containers, 
     and other objects subject to security processing.
       ``(v) Screeners who perform pat-downs or hand-held metal 
     detector searches of individuals shall have sufficient 
     dexterity and capability to thoroughly conduct those 
     procedures over a individual's entire body.
       ``(C) The individual shall be able to read, speak, and 
     write English well enough to--
       ``(i) carry out written and oral instructions regarding the 
     proper performance of screening duties;
       ``(ii) read English language identification media, 
     credentials, airline tickets, and labels on items normally 
     encountered in the screening process;
       ``(iii) provide direction to and understand and answer 
     questions from English-speaking individuals undergoing 
     screening; and
       ``(iv) write incident reports and statements and log 
     entries into security records in the English language.
       ``(D) The individual shall have satisfactorily completed 
     all initial, recurrent, and appropriate specialized training 
     required by the security program, except as provided in 
     paragraph (2).
       ``(2) Exceptions.--An individual who has not completed the 
     training required by this section may be employed during the 
     on-the-job portion of training to perform functions if that 
     individual--
       ``(A) is closely supervised; and
       ``(B) does not make independent judgments as to whether 
     individuals or property may enter a sterile area or aircraft 
     without further inspection.
       ``(3) Remedial training.--No individual employed as a 
     security screener may perform a screening function after that 
     individual has failed an operational test related to that 
     function until that individual has successfully completed the 
     remedial training specified in the security program.
       ``(4) Annual proficiency review.--The Attorney General 
     shall provide that an annual evaluation of each individual 
     assigned screening duties is conducted and documented. An 
     individual employed as a security screener may not continue 
     to be employed in that capacity unless the evaluation 
     demonstrates that the individual--
       ``(A) continues to meet all qualifications and standards 
     required to perform a screening function;
       ``(B) has a satisfactory record of performance and 
     attention to duty based on the standards and requirements in 
     the security program; and
       ``(C) demonstrates the current knowledge and skills 
     necessary to courteously, vigilantly, and effectively perform 
     screening functions.
       ``(5) Operational testing.--In addition to the annual 
     proficiency review conducted under paragraph (4), the 
     Attorney General shall provide for the operational testing of 
     such personnel.
       ``(g) Training.--
       ``(1) Use of other agencies.--The Attorney General shall 
     enter into a memorandum of understanding or other arrangement 
     with any other Federal agency or department with appropriate 
     law enforcement responsibilities, to provide personnel, 
     resources, or other forms of assistance in the training of 
     security screening personnel.
       ``(2) Training plan.--The Attorney General shall, within 60 
     days after the date of enactment of the Aviation Security 
     Act, develop a plan for the training of security screening 
     personnel. The plan shall, at a minimum, require that before 
     being deployed as a security screener, an individual--
       ``(A) has completed 40 hours of classroom instruction or 
     successfully completed a program that the Attorney General 
     determines will train individuals to a level of proficiency 
     equivalent to the level that would be achieved by such 
     classroom instruction;
       ``(B) has completed 60 hours of on-the-job instruction; and
       ``(C) has successfully completed an on-the-job training 
     examination prescribed by the Attorney General.
       ``(3) Equipment-specific training.--An individual employed 
     as a security screener may not use any security screening 
     device or equipment in the scope of that individual's 
     employment unless the individual has been trained on that 
     device or equipment and has successfully completed a test on 
     the use of the device or equipment.
       ``(h) Technological Training.--The Attorney General shall 
     require training to ensure that screeners are proficient in 
     using the most up-to-date new technology and to ensure their 
     proficiency in recognizing new threats and weapons. The 
     Attorney General shall make periodic assessments to determine 
     if there are dual use items and inform security screening 
     personnel of the existence of such items. Current lists of 
     dual use items shall be part of the ongoing training for 
     screeners. For purposes of this subsection, the term `dual 
     use' item means an item that may seem harmless but that may 
     be used as a weapon.''.
       (b) Conforming Amendments.--
       (1) Section 44936(a)(1)(A) is amended by inserting ``as a 
     security screener under section 44935(e) or a position'' 
     after ``a position''.
       (2) Section 44936(b) of title 49, United States Code, is 
     amended--
       (A) by inserting ``the Attorney General,'' after 
     ``subsection,'' in paragraph (1); and
       (B) by striking ``An'' in paragraph (3) and inserting ``The 
     Attorney General, an''.
       (3) Section 44936(a)(1)(E) is amended by striking clause 
     (iv).
       (c) Transition.--The Attorney General shall complete the 
     full implementation of section 44935 (e), (f), (g), and (h) 
     of title 49, United States Code, as amended by subsection 
     (a), as soon as is practicable. The Attorney General may make 
     or continue such arrangements for the training of security 
     screeners under that section as the Attorney General 
     determines necessary pending full implementation of that 
     section as so amended.
       (d) Screener Personnel.--Notwithstanding any other 
     provision of law, the Attorney General may employ, appoint, 
     discipline, terminate, and fix the compensation, terms, and 
     conditions of employment of Federal service for such a number 
     of individuals as the Attorney General determines to be 
     necessary to carry out the passenger security screening 
     functions of the Attorney General under section 44901 of 
     title 49, United States Code.
       (e) Strikes Prohibited.--An individual employed as a 
     security screener under section 44901 of title 49, United 
     States Code, is prohibited from participating in a strike or 
     asserting the right to strike pursuant to section 7311(3) or 
     7116(b)(7) of title 5, United States Code.
       (f) Background Checks for Existing Employees.--
       (1) In general.--Section 44936 of title 49, United States 
     Code, is amended by inserting ``is or'' before ``will'' in 
     subsection (a)(1)(B)(i).
       (2) Effective date.--The amendments made by paragraph (1) 
     apply with respect to individuals employed on or after the 
     date of enactment of the Aviation Security Act in a position 
     described in subparagraph (A) or (B) of section 44936(a)(1) 
     of title 49, United States Code. The Secretary of 
     Transportation may provide by order for a phased-in 
     implementation of the requirements of section 44936 of that 
     title made applicable to individuals employed in such 
     positions at airports on the date of enactment of this Act.

     SEC. 110. RESEARCH AND DEVELOPMENT.

       (a) In General.--Section 44912(b)(1) of title 49, United 
     States Code, is amended--
       (1) by striking ``complete an intensive review of'' and 
     inserting ``periodically review'';
       (2) by striking ``commercial aircraft in service and 
     expected to be in service in the 10-year period beginning on 
     November 16, 1990;'' in subparagraph (B) and inserting 
     ``aircraft in air transportation;''; and
       (3) by redesignating subparagraphs (D) through (F) as 
     subparagraphs (E) through (G), respectively, and inserting 
     after subparagraph (C) the following:
       ``(D) the potential release of chemical, biological, or 
     similar weapons or devices either within an aircraft or 
     within an airport;''.
       (b) Additional Matters Regarding Research and 
     Development.--
       (1) Additional program requirements.--Subsection (a) of 
     section 44912 of title 49, United States Code, is amended--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following new 
     paragraph (4):

[[Page H7666]]

       ``(4)(A) In carrying out the program established under this 
     subsection, the Administrator shall designate an individual 
     to be responsible for engineering, research, and development 
     with respect to security technology under the program.
       ``(B) The individual designated under subparagraph (A) 
     shall use appropriate systems engineering and risk management 
     models in making decisions regarding the allocation of funds 
     for engineering, research, and development with respect to 
     security technology under the program.
       ``(C) The individual designated under subparagraph (A) 
     shall, on an annual basis, submit to the Research, 
     Engineering and Development Advisory Committee a report on 
     activities under this paragraph during the preceding year. 
     Each report shall include, for the year covered by such 
     report, information on--
       ``(i) progress made in engineering, research, and 
     development with respect to security technology;
       ``(ii) the allocation of funds for engineering, research, 
     and development with respect to security technology; and
       ``(iii) engineering, research, and development with respect 
     to any technologies drawn from other agencies, including the 
     rationale for engineering, research, and development with 
     respect to such technologies.''.
       (2) Review of threats.--Subsection (b)(1) of that section 
     is amended--
       (A) by redesignating subparagraphs (A) through (F) as 
     subparagraphs (B) through (G), respectively; and
       (B) by inserting before subparagraph (B), as so 
     redesignated, the following new subparagraph (A):
       ``(A) a comprehensive systems analysis (employing 
     vulnerability analysis, threat attribute definition, and 
     technology roadmaps) of the civil aviation system, 
     including--
       ``(i) the destruction, commandeering, or diversion of civil 
     aircraft or the use of civil aircraft as a weapon; and
       ``(ii) the disruption of civil aviation service, including 
     by cyber attack;''.
       (3) Scientific advisory panel.--Subsection (c) of that 
     section is amended to read as follows:
       ``(c) Scientific Advisory Panel.--(1) The Administrator 
     shall establish a scientific advisory panel, as a 
     subcommittee of the Research, Engineering, and Development 
     Advisory Committee, to review, comment on, advise the 
     progress of, and recommend modifications in, the program 
     established under subsection (a) of this section, including 
     the need for long-range research programs to detect and 
     prevent catastrophic damage to commercial aircraft, 
     commercial aviation facilities, commercial aviation personnel 
     and passengers, and other components of the commercial 
     aviation system by the next generation of terrorist weapons.
       ``(2)(A) The advisory panel shall consist of individuals 
     who have scientific and technical expertise in--
       ``(i) the development and testing of effective explosive 
     detection systems;
       ``(ii) aircraft structure and experimentation to decide on 
     the type and minimum weights of explosives that an effective 
     explosive detection technology must be capable of detecting;
       ``(iii) technologies involved in minimizing airframe damage 
     to aircraft from explosives; and
       ``(iv) other scientific and technical areas the 
     Administrator considers appropriate.
       ``(B) In appointing individuals to the advisory panel, the 
     Administrator should consider individuals from academia and 
     the national laboratories, as appropriate.
       ``(3) The Administrator shall organize the advisory panel 
     into teams capable of undertaking the review of policies and 
     technologies upon request.
       ``(4) Not later than 90 days after the date of the 
     enactment of the Aviation Security Act, and every two years 
     thereafter, the Administrator shall review the composition of 
     the advisory panel in order to ensure that the expertise of 
     the individuals on the panel is suited to the current and 
     anticipated duties of the panel.''.
       (c) Coordination with Attorney General.--Section 44912(b) 
     of title 49, United States Code, is amended by adding at the 
     end the following:
       ``(3) Beginning on the date of enactment of the Aviation 
     Security Act, the Administrator shall conduct all research 
     related to screening technology and procedures in conjunction 
     with the Attorney General.''.

     SEC. 111. FLIGHT SCHOOL SECURITY.

       (a) Prohibition.--Chapter 449 of title 49, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 44939. Training to operate jet-propelled aircraft

       ``(a) Prohibition.--No person subject to regulation under 
     this part may provide training in the operation of any jet-
     propelled aircraft to any alien (or other individual 
     specified by the Secretary of Transportation under this 
     section) within the United States unless the Attorney General 
     issues to that person a certification of the completion of a 
     background investigation of the alien or other individual 
     under subsection (b).
       ``(b) Investigation.--
       ``(1) Request.--Upon the joint request of a person subject 
     to regulation under this part and an alien (or individual 
     specified by the Secretary) for the purposes of this section, 
     the Attorney General shall--
       ``(A) carry out a background investigation of the alien or 
     individual within 30 days after the Attorney General receives 
     the request; and
       ``(B) upon completing the investigation, issue a 
     certification of the completion of the investigation to the 
     person.
       ``(2) Scope.--A background investigation of an alien or 
     individual under this subsection shall consist of the 
     following:
       ``(A) A determination of whether there is a record of a 
     criminal history for the alien or individual and, if so, a 
     review of the record.
       ``(B) A determination of the status of the alien under the 
     immigration laws of the United States.
       ``(C) A determination of whether the alien or individual 
     presents a national security risk to the United States.
       ``(3) Recurrent training.--The Attorney General shall 
     develop expedited procedures for requests that relate to 
     recurrent training of an alien or other individual for whom a 
     certification has previously been issued under paragraph (1).
       ``(c) Sanctions.--A person who violates subsection (a) 
     shall be subject to administrative sanctions that the 
     Secretary of Transportation shall prescribe in regulations. 
     The sanctions may include suspension and revocation of 
     licenses and certificates issued under this part.
       ``(d) Covered Training.--For the purposes of subsection 
     (a), training includes in-flight training, training in a 
     simulator, and any other form or aspect of training.
       ``(e) Reporting Requirement.--Each person subject to 
     regulation under this part that provides training in the 
     operation of any jet-propelled aircraft shall report to the 
     Secretary of Transportation, at such time and in such manner 
     as the Secretary may prescribe, the name, address, and such 
     other information as the Secretary may require concerning--
       ``(1) each alien to whom such training is provided; and
       ``(2) every other individual to whom such training is 
     provided as the Secretary may require.
       ``(f) Alien Defined.--In this section, the term `alien' has 
     the meaning given the term in section 101(a)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``44939. Training to operate jet-propelled aircraft.''.
       (c) International Cooperation.--The Secretary of 
     Transportation, in consultation with the Secretary of State, 
     shall work with the International Civil Aviation Organization 
     and the civil aviation authorities of other countries to 
     improve international aviation security through screening 
     programs for flight instruction candidates.

     SEC. 112. REPORT TO CONGRESS ON SECURITY.

       Within 60 days after the date of enactment of this Act, the 
     Attorney General and the Secretary of Transportation shall 
     transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure containing 
     their joint recommendations on additional measures for the 
     Federal Government to address transportation security 
     functions.

     SEC. 113. GENERAL AVIATION AND AIR CHARTERS.

       The Secretary of Transportation shall submit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure within 3 months after the date of enactment of 
     this Act a report on how to improve security with respect to 
     general aviation and air charter operations in the United 
     States.

     SEC. 114. INCREASED PENALTIES FOR INTERFERENCE WITH SECURITY 
                   PERSONNEL.

       (a) In General.--Chapter 465 of title 49, United States 
     Code, is amended by inserting after section 46502 the 
     following:

     ``Sec. 46503. Interference with security screening personnel

       ``An individual in an area within a commercial service 
     airport in the United States who, by assaulting or 
     intimidating a Federal, airport, or air carrier employee who 
     has security duties within the airport, interferes with the 
     performance of the duties of the employee or lessens the 
     ability of the employee to perform those duties, shall be 
     fined under title 18, imprisoned for not more than 10 years, 
     or both. If the individual used a dangerous weapon in 
     committing the assault, intimidation, or interference, the 
     individual may be imprisoned for any term of years or life 
     imprisonment.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     465 of such title is amended by inserting after the item 
     relating to section 46502 the following:

``46503. Interference with security screening personnel''.

     SEC. 115. SECURITY-RELATED STUDY BY FAA.

       Within 120 days after the date of enactment of this Act, 
     the Administrator of the Federal Aviation Administration 
     shall transmit to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure a report setting forth 
     the Administrator's findings and recommendations on the 
     following aviation security-related issues:
       (1) A requirement that individuals employed at an airport 
     with scheduled passenger service, and law enforcement 
     personnel at such an airport, be screened via

[[Page H7667]]

     electronic identity verification or, until such verification 
     is possible, have their identity verified by visual 
     inspection.
       (2) The installation of switches in the cabin for use by 
     cabin crew to notify the flight crew discreetly that there is 
     a security breach in the cabin.
       (3) A requirement that air carriers and airports revalidate 
     all employee identification cards using hologram stickers, 
     through card re-issuance, or through electronic revalidation.
       (4) The updating of the common strategy used by the 
     Administration, law enforcement agencies, air carriers, and 
     flight crews during hijackings to include measures to deal 
     with suicidal hijackers and other extremely dangerous events 
     not currently dealt with by the strategy.
       (5) The use of technology that will permit enhanced instant 
     communications and information between airborne passenger 
     aircraft and appropriate individuals or facilities on the 
     ground.

     SEC. 116. AIR TRANSPORTATION ARRANGEMENTS IN CERTAIN STATES.

       (a) In General.--Notwithstanding any provision of section 
     41309(a) of title 49, United States Code, to the contrary, 
     air carriers providing air transportation on flights which 
     both originate and terminate at points within the same State 
     may file an agreement, request, modification, or cancellation 
     of an agreement within the scope of that section with the 
     Secretary of Transportation upon a declaration by the 
     Governor of the State that such agreement, request, 
     modification, or cancellation is necessary to ensure the 
     continuing availability of such air transportation within 
     that State.
       (b) Approval of Secretary.--The Secretary may approve any 
     such agreement, request, modification, or cancellation and 
     grant an exemption under section 41308(c) of title 49, 
     United States Code, to the extent necessary to effectuate 
     such agreement, request, modification, or cancellation, 
     without regard to the provisions of section 41309(b) or 
     (c) of that title.
       (c) Public Interest Requirement.--The Secretary may approve 
     such an agreement, request, modification, or cancellation if 
     the Secretary determines that--
       (1) the State to which it relates has extraordinary air 
     transportation needs and concerns; and
       (2) approval is in the public interest.
       (d) Termination.--An approval under subsection (b) and an 
     exemption under section 41308(c) of title 49, United States 
     Code, granted under subsection (b) shall terminate on the 
     earlier of the 2 following dates:
       (1) A date established by the Secretary in the Secretary's 
     discretion.
       (2) October 1, 2002.
       (e) Extension.--Notwithstanding subsection (d), if the 
     Secretary determines that it is in the public interest, the 
     Secretary may extend the termination date under subsection 
     (d)(2) until a date no later than October 1, 2003.

     SEC. 117. AIRLINE COMPUTER RESERVATION SYSTEMS.

       (a) In General.--In order to ensure that all airline 
     computer reservation systems maintained by United States air 
     carriers are secure from unauthorized access by persons 
     seeking information on reservations, passenger manifests, or 
     other non-public information, the Secretary of Transportation 
     shall require all such air carriers to utilize to the maximum 
     extent practicable the best technology available to secure 
     their computer reservation system against such unauthorized 
     access.
       (b) Report.--The Secretary shall transmit an annual report 
     to the Senate Committee on Commerce, Science, and 
     Transportation and to the House of Representatives Committee 
     on Transportation and Infrastructure on compliance by United 
     States air carriers with the requirements of subsection (a).

     SEC. 118. SECURITY FUNDING.

       (a) User Fee for Security Services.--
       (1) In general.--Chapter 481 is amended by adding at the 
     end thereof the following:

     ``Sec. 48114. User fee for security services charge

       ``(a) In General.--The Secretary of Transportation shall 
     collect a user fee from air carriers. Amounts collected under 
     this section shall be treated as offsetting collections to 
     offset annual appropriations for the costs of providing 
     aviation security services.
       ``(b) Amount of Fee.--Air carriers shall remit $2.50 for 
     each passenger enplanement.
       ``(c) Use Of Fees.--A fee collected under this section 
     shall be used solely for the costs associated with providing 
     aviation security services and may be used only to the extent 
     provided in advance in an appropriation law.''.
       (2) Clerical amendment.--The table of sections for chapter 
     481 is amended by adding at the end thereof the following:

``48114. User fee for security services''.

       (3) Effective Date.--The amendment made by paragraph (1) 
     shall apply with respect to transportation beginning after 
     the date which is 180 days after the date of enactment of 
     this Act.
       (b) Specific Authorization of Appropriations.--
       (1) In general.--Part C of subtitle VII of title 49, United 
     States Code, is amended by adding at the end the following:

               ``CHAPTER 483. AVIATION SECURITY FUNDING.

``Sec.
``48301. Aviation security funding

     ``Sec. 48301. Aviation security funding

       ``There are authorized to be appropriated for fiscal years 
     2002, 2003, and 2004, such sums as may be necessary to carry 
     out chapter 449 and related aviation security activities 
     under this title.''.
       (2) Conforming amendment.--The subtitle analysis for 
     subtitle VII of title 49, United States Code, is amended by 
     inserting after the item relating to chapter 482 the 
     following:

``483. Aviation Security Funding...........................48301''.....

     SEC. 119. INCREASED FUNDING FLEXIBILITY FOR AVIATION 
                   SECURITY.

       (a) Limited Use of Airport Improvement Program Funds.--
       (1) Blanket authority.--Notwithstanding any provision of 
     law to the contrary, including any provision of chapter 471 
     of title 49, United States Code, or any rule, regulation, or 
     agreement thereunder, for fiscal year 2002 the Administrator 
     of the Federal Aviation Administration may permit an airport 
     operator to use amounts made available under that chapter to 
     defray additional direct security-related expenses imposed by 
     law or rule after September 11, 2001, for which funds are not 
     otherwise specifically appropriated or made available under 
     this or any other Act.
       (2) Airport development funds.--Section 47102(3) of title 
     49, United States Code, is amended by adding at the end the 
     following:
       ``(J) after September 11, 2001, and before October 1, 2002, 
     for fiscal year 2002, additional operational requirements, 
     improvement of facilities, purchase and deployment of 
     equipment, hiring, training, and providing appropriate 
     personnel, or an airport or any aviation operator at an 
     airport, that the Secretary determines will enhance and 
     ensure the security of passengers and other persons involved 
     in air travel.''.
       (3) allowable costs.--Section 47110(b)(2) of title 49, 
     United States Code, is amended--
       (A) by striking ``or'' in subparagraph (B);
       (B) by inserting ``or'' after ``executed;'' in subparagraph 
     (C); and
       (C) by adding at the end the following:
       ``(D) if the cost is incurred after September 11, 2001, for 
     a project described in section 47102(3)(J), and shall not 
     depend upon the date of execution of a grant agreement made 
     under this subchapter;''.
       (4) Discretionary grants.--Section 47115 of title 49, 
     United States Code, is amended by adding at the end the 
     following:
       ``(i) Considerations for Project under Expanded Security 
     Eligibility.--In order to assure that funding under this 
     subchapter is provided to the greatest needs, the Secretary, 
     in selecting a project described in section 47102(3)(J) for a 
     grant, shall consider the nonfederal resources available to 
     sponsor, the use of such nonfederal resources, and the degree 
     to which the sponsor is providing increased funding for the 
     project.''.
       (5) Federal share.--Section 47109(a) of title 49, United 
     States Code, is amended--
       (A) by striking ``and'' in paragraph (3);
       (B) by striking ``47134.'' in paragraph (4) and inserting 
     ``47134; and''; and
       (C) by adding at the end the following:
       ``(5) for fiscal year 2002, 100 percent for a project 
     described in section 47102(3)(J).''.
       (b) Apportioned Funds.--For the purpose of carrying out 
     section 47114 of title 49, United States Code, for fiscal 
     year 2003, the Secretary shall use, in lieu of passenger 
     boardings at an airport during the prior calendar year, the 
     greater of--
       (1) the number of passenger boardings at that airport 
     during 2000; or
       (2) the number of passenger boardings at that airport 
     during 2001.
       (c) Expedited Processing of Security-related PFC 
     Requests.--The Administrator of the Federal Aviation 
     Administration shall, to the extent feasible, expedite the 
     processing and approval of passenger facility fee requests 
     under subchapter I of chapter 471 of title 49, United States 
     Code, for projects described in section 47192(3)(J) of title 
     49, United States Code.

     SEC. 120. AUTHORIZATION OF FUNDS FOR REIMBURSEMENT OF 
                   AIRPORTS FOR SECURITY MANDATES.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation such 
     sums as may be necessary for fiscal year 2002 to compensate 
     airport operators for eligible security costs.
       (b) Reimbursable Costs.--The Secretary may reimburse an 
     airport operator (from amounts made available for obligation 
     under subsection (a)) for the direct costs incurred by the 
     airport operator in complying with new, additional, or 
     revised security requirements imposed on airport operators by 
     the Federal Aviation Administration on or after September 11, 
     2001.
       (c) Documentation of Costs; Audit.--The Secretary may not 
     reimburse an airport operator under this section for any cost 
     for which the airport operator does not demonstrate to the 
     satisfaction of the Secretary, using sworn financial 
     statements or other appropriate data, that--
       (1) the cost is eligible for reimbursement under subsection 
     (b); and
       (2) the cost was incurred by the airport operator.

     The Inspector General of the Department of Transportation and 
     the Comptroller General of the United States may audit such 
     statements and may request any other information that 
     necessary to conduct such an audit.
       (d) Claim Procedure.--Within 30 days after the date of 
     enactment of this Act, the Secretary, after consultation with 
     airport

[[Page H7668]]

     operators, shall publish in the Federal Register the 
     procedures for filing claims for reimbursement under this 
     section of eligible costs incurred by airport operators.

     SEC. 121. ENCOURAGING AIRLINE EMPLOYEES TO REPORT SUSPICIOUS 
                   ACTIVITIES.

       (a) In General.--Subchapter II of chapter 449 of title 49, 
     United States Code, is amended by inserting at the end the 
     following:

     ``Sec. 44940. Immunity for reporting suspicious activities

       ``(a) In General.--Any air carrier or foreign air carrier 
     or any employee of an air carrier or foreign air carrier who 
     makes a voluntary disclosure of any suspicious transaction 
     relevant to a possible violation of law or regulation, 
     relating to air piracy, a threat to aircraft or passenger 
     safety, or terrorism, as defined by section 3077 of title 18, 
     United States Code, to any employee or agent of the 
     Department of Transportation, the Department of Justice, any 
     Federal, State, or local law enforcement officer, or any 
     airport or airline security officer shall not be civilly 
     liable to any person under any law or regulation of the 
     United States, any constitution, law, or regulation of any 
     State or political subdivision of any State, for such 
     disclosure.
       ``(b) Application.--Subsection (a) shall not apply to--
       ``(1) any disclosure made with actual knowledge that the 
     disclosure was false, inaccurate, or misleading; or
       ``(2) any disclosure made with reckless disregard as to the 
     truth or falsity of that disclosure.

     ``Sec. 44941. Sharing security risk information

       ``The Attorney General, in consultation with the Deputy 
     Secretary for Transportation Security and the Director of the 
     Federal Bureau of Investigation, shall establish procedures 
     for notifying the Administrator of the Federal Aviation 
     Administration, and airport or airline security officers, of 
     the identity of persons known or suspected by the Attorney 
     General to pose a risk of air piracy or terrorism or a threat 
     to airline or passenger safety.''.
       (b) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Attorney General shall report to 
     the Senate Committee on Commerce, Science, and 
     Transportation, the House Committe on Transportation and 
     Infrastructure, and the Judiciary Committees of the Senate 
     and the House of Representatives on the implementation of the 
     procedures required under section 44941 of title 49, United 
     States Code, as added by this section.
       (c) Chapter Analysis.--The chapter analysis for chapter 449 
     of title 49, United States Code, is amended by inserting at 
     the end the following:

``44940. Immunity for reporting suspicious activities.
``44941. Sharing security risk information.''.

     SEC. 122. LESS-THAN-LETHAL WEAPONRY FOR FLIGHT DECK CREWS.

       (a) National Institute of Justice Study.--The National 
     Institute of Justice shall assess the range of less-than-
     lethal weaponry available for use by a flight deck crewmember 
     temporarily to incapacitate an individual who presents a 
     clear and present danger to the safety of the aircraft, its 
     passengers, or individuals on the ground and report its 
     findings and recommendations to the Secretary of 
     Transportation within 90 days after the date of enactment of 
     this Act.
       Section 44903 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(h) Authority to Arm Flight Deck Crew with Less-Than-
     Lethal Weapons.--
       ``(1) In general.--If the Secretary, after receiving the 
     recommendations of the National Institute of Justice, 
     determines, with the approval of the Attorney General and the 
     Secretary of State, that it is appropriate and necessary and 
     would effectively serve the public interest in avoiding air 
     piracy, the Secretary may authorize members of the flight 
     deck crew on any aircraft providing air transportation or 
     intrastate air transportation to carry a less-than-lethal 
     weapon while the aircraft is engaged in providing such 
     transportation.
       ``(2) Usage.--If the Secretary grants authority under 
     paragraph (1) for flight deck crew members to carry a less-
     than-lethal weapon while engaged in providing air 
     transportation or intrastate air transportation, the 
     Secretary shall--
       ``(A) prescribe rules requiring that any such crew member 
     be trained in the proper use of the weapon; and
       ``(B) prescribe guidelines setting forth the circumstances 
     under which such weapons may be used.''.

     SEC. 123. MAIL AND FREIGHT WAIVERS.

       During a national emergency affecting air transportation or 
     intrastate air transportation, the Secretary of 
     Transportation, after consultation with the Aviation Security 
     Coordination Council, may grant a complete or partial waiver 
     of any restrictions on the carriage by aircraft of freight, 
     mail, emergency medical supplies, personnel, or patients on 
     aircraft, imposed by the Department of Transportation (or 
     other Federal agency or department) that would permit such 
     carriage of freight, mail, emergency medical supplies, 
     personnel, or patients on flights, to, from, or within States 
     with extraordinary air transportation needs or concerns if 
     the Secretary determines that the waiver is in the public 
     interest, taking into consideration the isolation of and 
     dependence on air transportation of such States. The 
     Secretary may impose reasonable limitations on any such 
     waivers.

     SEC. 124. SAFETY AND SECURITY OF ON-BOARD SUPPLIES.

       (a) In General.--The Secretary of Transportation shall 
     establish procedures to ensure the safety and integrity of 
     all supplies, including catering and passenger amenities, 
     placed aboard aircraft providing passenger air transportation 
     or intrastate air transportation.
       (b) Measures.--In carrying out subsection (a), the 
     Secretary may require--
       (1) security procedures for suppliers and their facilities;
       (2) the sealing of supplies to ensure easy visual detection 
     of tampering; and
       (3) the screening of personnel, vehicles, and supplies 
     entering secured areas of the airport or used in servicing 
     aircraft.

     SEC. 125. FLIGHT DECK SECURITY

       (a) Short Title.--This section may be cited as the ``Flight 
     Deck Security Act of 2001''.
       (b) Findings.--Congress makes the following findings:
       (1) On September 11, 2001, terrorists hijacked four 
     civilian aircraft, crashing two of the aircraft into the 
     towers of the World Trade Center in New York, New York, and a 
     third into the Pentagon outside Washington, District of 
     Columbia.
       (2) Thousands of innocent Americans and citizens of other 
     countries were killed or injured as a result of these 
     attacks, including the passengers and crew of the four 
     aircraft, workers in the World Trade Center and in the 
     Pentagon, rescue workers, and bystanders.
       (3) These attacks destroyed both towers of the World Trade 
     Center, as well as adjacent buildings, and seriously damaged 
     the Pentagon.
       (4) These attacks were by far the deadliest terrorist 
     attacks ever launched against the United States and, by 
     targeting symbols of America, clearly were intended to 
     intimidate our Nation and weaken its resolve.
       (5) Armed pilots, co-pilots, and flight engineers with 
     proper training will be the last line of defense against 
     terrorist by providing cockpit security and aircraft 
     security.
       (6) Secured doors separating the flight deck from the 
     passenger cabin have been effective in deterring hijackings 
     in other nations and will serve as a deterrent to future 
     contemplated acts of terrorism in the United States.
       (c) Aviation Safety and the Suppression of Terrorism by 
     Commercial Aircraft.--
       (1) Possession of firearms on commercial flights.--The 
     Federal Aviation Administration (FAA) is authorized to permit 
     a pilot, co-pilot, or flight engineer of a commercial 
     aircraft who has successfully completed the requirements of 
     paragraph (2), or who is not otherwise prohibited by law from 
     possessing a firearm, from possessing or carrying a firearm 
     approved by the FAA for the protection of the aircraft under 
     procedures or regulations as necessary to ensure the safety 
     and integrity of flight.
       (2)  Federal pilot officers.--(A) In addition to the 
     protections provided by paragraph (1), the FAA shall also 
     establish a voluntary program to train and supervise 
     commercial airline pilots.
       (B) Under the program, the FAA shall make available 
     appropriate training and supervision for all such pilots, 
     which may include training by private entities.
       (C) The power granted to such persons shall be limited to 
     enforcing Federal law in the cockpit of commercial aircraft 
     and, under reasonable circumstances the passenger compartment 
     to protect the integrity of the commercial aircraft and the 
     lives of the passengers.
       (D) The FAA shall make available appropriate training to 
     any qualified pilot who requests such training pursuant to 
     this title.
       (E) The FAA may prescribe regulations for purposes of this 
     section.
       (d) Reports to Congress.--Not later than six months after 
     the date of the enactment of this Act, and every six months 
     thereafter, the Secretary of Transportation shall submit to 
     Congress a report on the effectiveness of the requirements in 
     this section in facilitating commercial aviation safety and 
     the suppression of terrorism by commercial aircraft.

     SEC. 126. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY.

       Section 44703(g) of title 49, United States Code, is 
     amended--
       (1) in the first sentence of paragraph (1)--
       (A) by striking ``pilots'' and inserting ``airmen''; and
       (B) by striking the period and inserting ``and related to 
     combating acts of terrorism.''; and
       (2) by adding at the end, the following new paragraphs:
       ``(3) For purposes of this section, the term `acts of 
     terrorism' means an activity that involves a violent act or 
     an act dangerous to human life that is a violation of the 
     criminal laws of the United States or of any State, or that 
     would be a criminal violation if committed within the 
     jurisdiction of the United States or of any State, and 
     appears to be intended to intimidate or coerce a civilian 
     population to influence the policy of a government by 
     intimidation or coercion or to affect the conduct of a 
     government by assassination or kidnaping.
       ``(4) The Administrator is authorized and directed to work 
     with State and local authorities, and other Federal agencies, 
     to assist in the identification of individuals applying for 
     or holding airmen certificates.''.

[[Page H7669]]

     SEC. 127. RESULTS-BASED MANAGEMENT.

       Subchapter II of chapter 449 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 44942. Performance Goals and Objectives

       ``(a) Short Term Transition.--
       ``(1) In general.--Within 60 days of enactment, the Deputy 
     Secretary for Transportation Security shall, in consultation 
     with Congress--
       ``(A) establish acceptable levels of performance for 
     aviation security, including screening operations and access 
     control, and
       ``(B) provide Congress with an action plan, containing 
     measurable goals and milestones, that outlines how those 
     levels of performance will be achieved.
       ``(2) Basics of action plan.--The action plan shall clarify 
     the responsibilities of the Department of Transportation, the 
     Federal Aviation Administration and any other agency or 
     organization that may have a role in ensuring the safety and 
     security of the civil air transportation system.
       ``(b) Long-Term Results-Based Management.--
       ``(1) Performance plan and report.--
       ``(A) Performance plan.--(i) Each year, consistent with the 
     requirements of the Government Performance and Results Act of 
     1993 (GPRA), the Secretary and the Deputy Secretary for 
     Transportation Security shall agree on a performance plan for 
     the succeeding 5 years that establishes measurable goals and 
     objectives for aviation security. The plan shall identify 
     action steps necessary to achieve such goals.
       ``(ii) In addition to meeting the requirements of GPRA, the 
     performance plan shall clarify the responsibilities of the 
     Secretary, the Deputy Secretary for Transportation Security 
     and any other agency or organization that may have a role in 
     ensuring the safety and security of the civil air 
     transportation system.
       ``(iii) The performance plan shall be available to the 
     public. The Deputy Secretary for Transportation Security may 
     prepare a nonpublic appendix covering performance goals and 
     indicators that, if revealed to the public, would likely 
     impede achievement of those goals and indicators.
       ``(B) Performance report.--(i) Each year, consistent with 
     the requirements of GPRA, the Deputy Secretary for 
     Transportation Security shall prepare and submit to Congress 
     an annual report including an evaluation of the extent goals 
     and objectives were met. The report shall include the results 
     achieved during the year relative to the goals established in 
     the performance plan.
       ``(ii) The performance report shall be available to the 
     public. The Deputy Secretary for Transportation Security may 
     prepare a nonpublic appendix covering performance goals and 
     indicators that, if revealed to the public, would likely 
     impede achievement of those goals and indicators.

     ``Sec. 44943. Performance Management System

       ``(a) Establishing a Fair and Equitable System for 
     Measuring Staff Performance.--The Deputy Secretary for 
     Transportation Security shall establish a performance 
     management system which strengthens the organization's 
     effectiveness by providing for the establishment of goals and 
     objectives for managers, employees, and organizational 
     performance consistent with the performance plan.
       ``(b) Establishing Management Accountability for Meeting 
     Performance Goals.--(1) Each year, the Secretary and Deputy 
     Secretary for Transportation Security shall enter into an 
     annual performance agreement that shall set forth 
     organizational and individual performance goals for the 
     Deputy Secretary.
       ``(2) Each year, the Deputy Secretary for Transportation 
     Security and each senior manager who reports to the Deputy 
     Secretary for Transportation Security shall enter into an 
     annual performance agreement that sets forth organization and 
     individual goals for those managers. All other employees 
     hired under the authority of the Deputy Secretary for 
     Transportation Security shall enter into an annual 
     performance agreement that sets forth organization and 
     individual goals for those employees.
       ``(c) Compensation for the Deputy Secretary for 
     Transportation Security.--
       ``(1) In general.--The Deputy Secretary for Transportation 
     Security is authorized to be paid at an annual rate of pay 
     payable to level II of the Executive Schedule.
       ``(2) Bonuses or other incentives.--In addition, the Deputy 
     Secretary for Transportation Security may receive bonuses or 
     other incentives, based upon the Secretary's evaluation of 
     the Deputy Secretary's performance in relation to the goals 
     set forth in the agreement. Total compensation cannot exceed 
     the Secretary's salary.
       ``(d) Compensation for Managers and Other Employees.--
       ``(1) In general.--A senior manager reporting directly to 
     the Deputy Secretary for Transportation Security may be paid 
     at an annual rate of basic pay of not more than the maximum 
     rate of basic pay for the Senior Executive Service under 
     section 5382 of title 5, United States Code.
       ``(2) Bonuses or other incentives.--In addition, senior 
     managers can receive bonuses or other incentives based on the 
     Deputy Secretary for Transportation Security's evaluation of 
     their performance in relation to goals in agreements. Total 
     compensation cannot exceed 125 percent of the maximum rate of 
     base pay for the Senior Executive Service. Further, the 
     Deputy Secretary for Transportation Security shall establish, 
     within the performance management system, a program allowing 
     for the payment of bonuses or other incentives to other 
     managers and employees. Such a program shall provide for 
     bonuses or other incentives based on their performance.
       ``(e) Performance-Based Service Contracting.--To the extent 
     contracts, if any, are used to implement the Aviation 
     Security Act, the Deputy Secretary for Transportation 
     Security shall, to the extent practical, maximize the use of 
     performance-based service contracts. These contracts should 
     be consistent with guidelines published by the Office of 
     Federal Procurement Policy.''.

     SEC. 128. USE OF FACILITIES.

       (a) Employment Register.--Notwithstanding any other 
     provision of law, the Secretary of Transportation shall 
     establish and maintain an employment register.
       (b) Training Facility.--The Secretary of Transportation 
     may, where feasible, use the existing Federal Aviation 
     Administration's training facilities, to design, develop, or 
     conduct training of security screening personnel.

     SEC. 129. REPORT ON NATIONAL AIR SPACE RESTRICTIONS PUT IN 
                   PLACE AFTER TERRORIST ATTACKS THAT REMAIN IN 
                   PLACE.

       (a) Report.--Within 30 days of the enactment of this Act, 
     the President shall submit to the committees of Congress 
     specified in subsection (b) a report containing--
       (1) a description of each restriction, if any, on the use 
     of national airspace put in place as a result of the 
     September 11, 2001, terrorist attacks that remains in place 
     as of the date of the enactment of this Act; and
       (2) a justification for such restriction remaining in 
     place.
       (b) Committees of Congress.--The committees of Congress 
     specified in this subsection are the following:
       (1) The Select Committee on Intelligence of the Senate.
       (2) The Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (3) The Committee on Commerce, Science, and Transportation 
     of the Senate.
       (4) The Committee on Transportation and Infrastructure of 
     the House of Representatives.

     SEC. 130. VOLUNTARY PROVISION OF EMERGENCY SERVICES DURING 
                   COMMERCIAL FLIGHTS.

       (a) Program for Provision of Voluntary Services.--
       (1) Program.--The Secretary of Transportation shall carry 
     out a program to permit qualified law enforcement officers, 
     firefighters, and emergency medical technicians to provide 
     emergency services on commercial air flights during 
     emergencies.
       (2) Requirements.--The Secretary shall establish such 
     requirements for qualifications of providers of voluntary 
     services under the program under paragraph (1), including 
     training requirements, as the Secretary considers 
     appropriate.
       (3) Confidentiality of registry.--If as part of the program 
     under paragraph (1) the Secretary requires or permits 
     registration of law enforcement officers, firefighters, or 
     emergency medical technicians who are willing to provide 
     emergency services on commercial flights during emergencies, 
     the Secretary shall take appropriate actions to ensure that 
     the registry is available only to appropriate airline 
     personnel and otherwise remains confidential.
       (4) Consultation.--The Secretary shall consult with 
     appropriate representatives of the commercial airline 
     industry, and organizations representing community-based law 
     enforcement, firefighters, and emergency medical technicians, 
     in carrying out the program under paragraph (1), including 
     the actions taken under paragraph (3).
       (b) Protection from Liability.--
       (1) In general.--Subchapter II of chapter 449 of title 49, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 44944. Exemption of volunteers from liability

       ``(a) In General.--An individual shall not be liable for 
     damages in any action brought in a Federal or State court 
     that arises from an act or omission of the individual in 
     providing or attempting to provide assistance in the case of 
     an inflight emergency in an aircraft of an air carrier if the 
     individual meets such qualifications as the Secretary shall 
     prescribe for purposes of this section.
       ``(b) Exception.--The exemption under subsection (a) shall 
     not apply in any case in which an individual provides, or 
     attempts to provide, assistance described in that paragraph 
     in a manner that constitutes gross negligence or willful 
     misconduct.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``44944. Exemption of volunteers from liability.''.

       (c) Construction Regarding Possession of Firearms.--Nothing 
     in this section may be construed to require any modification 
     of regulations of the Department of Transportation governing 
     the possession of firearms while in aircraft or air 
     transportation facilities or to authorize the possession of a 
     firearm in an aircraft or any such facility not authorized 
     under those regulations.

     SEC. 131. ENHANCED SECURITY FOR AIRCRAFT.

       (a) Security for Larger Aircraft.--
       (1) Program required.--Not later than 90 days after the 
     date of the enactment of this

[[Page H7670]]

     Act, the Administrator of the Federal Aviation Administration 
     shall commence implementation of a program to provide 
     security screening for all aircraft operations conducted with 
     respect to any aircraft having a maximum certified takeoff 
     weight of more than 12,500 pounds that is not operating as of 
     the date of the implementation of the program under security 
     procedures prescribed by the Administrator.
       (2) Waiver.--
       (A) Authority to waive.--The Administrator may waive the 
     applicability of the program under this section with respect 
     to any aircraft or class of aircraft otherwise described by 
     this section if the Administrator determines that aircraft 
     described in this section can be operated safely without the 
     applicability of the program to such aircraft or class of 
     aircraft, as the case may be.
       (B) Limitations.--A waiver under subparagraph (A) may not 
     go into effect--
       (i) unless approved by the Secretary of Transportation; and
       (ii) until 10 days after the date on which notice of the 
     waiver has been submitted to the appropriate committees of 
     Congress.
       (3) Program elements.--The program under paragraph (1) 
     shall require the following:
       (A) The search of any aircraft covered by the program 
     before takeoff.
       (B) The screening of all crew members, passengers, and 
     other persons boarding any aircraft covered by the program, 
     and their property to be brought on board such aircraft, 
     before boarding.
       (4) Procedures for searches and screening.--The 
     Administrator shall develop procedures for searches and 
     screenings under the program under paragraph (1). Such 
     procedures may not be implemented until approved by the 
     Secretary.
       (b) Security for Smaller Aircraft.--
       (1) Program required.--Not later than one year after the 
     date of the enactment of this Act, the Administrator shall 
     commence implementation of a program to provide security for 
     all aircraft operations conducted with respect to any 
     aircraft having a maximum certified takeoff weight of 12,500 
     pounds or less that is not operating as of the date of the 
     implementation of the program under security procedures 
     prescribed by the Administrator. The program shall address 
     security with respect to crew members, passengers, baggage 
     handlers, maintenance workers, and other individuals with 
     access to aircraft covered by the program, and to baggage.
       (2) Report on program.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the appropriate committees of Congress a report containing 
     a proposal for the program to be implemented under paragraph 
     (1).
       (c) Background Checks for Aliens Engaged in Certain 
     Transactions Regarding Aircraft.--
       (1) Requirement.--Notwithstanding any other provision of 
     law and subject to paragraph (2), no person or entity may 
     sell, lease, or charter any aircraft to an alien, or any 
     other individual specified by the Secretary for purposes of 
     this subsection, within the United States unless the Attorney 
     General issues a certification of the completion of a 
     background investigation of the alien, or other individual, 
     as the case may be, that meets the requirements of section 
     44939(b) of title 49, United States Code, as added by section 
     111 of this title.
       (2) Expiration.--The prohibition in paragraph (1) shall 
     expire as follows:
       (A) In the case of an aircraft having a maximum certified 
     takeoff weight of more than 12,500 pounds, upon 
     implementation of the program required by subsection (a).
       (B) In the case of an aircraft having a maximum certified 
     takeoff weight of 12,500 pounds or less, upon implementation 
     of the program required by subsection (b).
       (3) Alien defined.--In this subsection, the term ``alien'' 
     has the meaning given that term in section 44939(f) of title 
     49, United States Code, as so added.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (2) the Committee on Commerce of the House of 
     Representatives.

     SEC. 132. IMPLEMENTATION OF CERTAIN DETECTION TECHNOLOGIES.

       (a) In General.--Not later than September 30, 2002, the 
     Assistant Administrator for Civil Aviation Security shall 
     review and make a determination on the feasibility of 
     implementing technologies described in subsection (b).
       (b) Technologies Described.--The technologies described in 
     this subsection are technologies that are--
       (1) designed to protect passengers, aviation employees, air 
     cargo, airport facilities, and airplanes; and
       (2) material specific and able to automatically and non-
     intrusively detect, without human interpretation and without 
     regard to shape or method of concealment, explosives, illegal 
     narcotics, hazardous chemical agents, and nuclear devices.

     SEC. 133. REPORT ON NEW RESPONSIBILITIES OF THE DEPARTMENT OF 
                   JUSTICE FOR AVIATION SECURITY.

       Not later than 120 days after the date of enactment of this 
     Act, the Attorney General shall report to the House Committee 
     on the Judiciary, the Senate Committee on the Judiciary, the 
     House Committee on Transportation and Infrastructure, and the 
     Senate Committee on Commerce, Science, and Transportation on 
     the new responsibilities of the Department of Justice for 
     aviation security under this title.

     SEC. 134. DEFINITIONS.

       Except as otherwise explicitly provided, any term used in 
     this title that is defined in section 40102 of title 49, 
     United States Code, has the meaning given that term in that 
     section.

         TITLE II--DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES

  Subtitle A--Expanded Deployment and Utilization of Current Security 
                      Technologies and Procedures

     SEC. 201. EXPANDED DEPLOYMENT AND UTILIZATION OF CURRENT 
                   SECURITY TECHNOLOGIES AND PROCEDURES.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall require that employment investigations, 
     including criminal history record checks, for all individuals 
     described in section 44936(a)(1) of title 49, United States 
     Code, who are existing employees, at airports regularly 
     serving an air carrier holding a certificate issued by the 
     Secretary of Transportation, should be completed within 9 
     months unless such individuals have had such investigations 
     and checks within 5 years of the date of enactment of this 
     Act. The Administrator shall devise an alternative method for 
     background checks for a person applying for any airport 
     security position who has lived in the United States less 
     than 5 years and shall have such alternative background check 
     in place as soon as possible. The Administrator shall work 
     with the International Civil Aviation Organization and with 
     appropriate authorities of foreign governments in devising 
     such alternative method.
       (b) Explosive Detection.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall deploy and oversee the usage of existing 
     bulk explosives detection technology already at airports for 
     checked baggage. Not later than 60 days after the date of 
     enactment of this Act, the Administrator shall establish 
     confidential goals for--
       (A) deploying by a specific date all existing bulk 
     explosives detection scanners purchased but not yet deployed 
     by the Federal Aviation Administration;
       (B) a specific percentage of checked baggage to be scanned 
     by bulk explosives detection machines within 6 months, and 
     annual goals thereafter with an eventual goal of scanning 100 
     percent of checked baggage; and
       (C) the number of new bulk explosives detection machines 
     that will be purchased by the Federal Aviation Administration 
     for deployment at the Federal Aviation Administration-
     identified midsized airports within 6 months.
       (2) Use of funds.--For purposes of carrying out this 
     subtitle, airport operators may use funds available under the 
     Airport Improvement Program described in chapter 471 of title 
     49, United States Code, to reconfigure airport baggage 
     handling areas to accommodate the equipment described in 
     paragraph (1), if necessary. Not later than 12 months after 
     the date of enactment of this Act, and annually thereafter, 
     the Administrator shall report, on a confidential basis, to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives, the Government Accounting 
     Office, and the Inspector General of the Department of 
     Transportation, regarding the goals and progress the 
     Administration is making in achieving those goals described 
     in paragraph (1).
       (3) Airport development.--Section 47102(3)(B) of title 49, 
     United States Code, is amended--
       (A) by striking ``and'' at the end of clause (viii);
       (B) by striking the period at the end of clause (ix) and 
     inserting ``; and''; and
       (C) by inserting after clause (ix) the following new 
     clause:
       ``(x) replacement of baggage conveyor systems, and 
     reconfiguration of terminal luggage areas, that the Secretary 
     determines are necessary to install bulk explosive detection 
     devices.''.
       (c) Bag Matching System.--The Administrator of the Federal 
     Aviation Administration shall require air carriers to improve 
     the passenger bag matching system. Not later than 60 days 
     after the date of enactment of this Act, the Administrator 
     shall establish goals for upgrading the Passenger Bag 
     Matching System, including interim measures to match a higher 
     percentage of bags until Explosives Detection Systems are 
     used to scan 100 percent of checked baggage. The 
     Administrator shall report, on a confidential basis, to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives, the Government Accounting 
     Office, and the Inspector General of the Department of 
     Transportation, regarding the goals and the progress made in 
     achieving those goals within 12 months after the date of 
     enactment of this Act.
       (d) Computer-Assisted Passenger Prescreening.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall require air carriers to expand the 
     application of the current Computer-Assisted Passenger 
     Prescreening System (CAPPS) to all passengers, regardless of 
     baggage. Passengers selected under this system shall be 
     subject to additional security measures, including

[[Page H7671]]

     checks of carry-on baggage and person, before boarding.
       (2) Report.--The Administrator shall report back to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and to the Committee on Transportation and 
     Infrastructure of the House of Representatives within 3 
     months of the date of enactment of this Act on the 
     implementation of the expanded CAPPS system.

 Subtitle B--Short-Term Assessment and Deployment of Emerging Security 
                      Technologies and Procedures

     SEC. 211. SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERGING 
                   SECURITY TECHNOLOGIES AND PROCEDURES.

       Section 44903 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(i) Short-Term Assessment and Deployment of Emerging 
     Security Technologies and Procedures.--
       ``(1) In general.--The Deputy Secretary for Transportation 
     Security shall recommend to airport operators, within 6 
     months after the date of enactment of this Act, commercially 
     available measures or procedures to prevent access to secure 
     airport areas by unauthorized persons. As part of the 6-month 
     assessment, the Deputy Secretary for Transportation Security 
     shall--
       ``(A) review the effectiveness of biometrics systems 
     currently in use at several United States airports, including 
     San Francisco International;
       ``(B) review the effectiveness of increased surveillance at 
     access points;
       ``(C) review the effectiveness of card- or keypad-based 
     access systems;
       ``(D) review the effectiveness of airport emergency exit 
     systems and determine whether those that lead to secure areas 
     of the airport should be monitored or how breaches can be 
     swiftly responded to; and
       ``(E) specifically target the elimination of the ``piggy-
     backing'' phenomenon, where another person follows an 
     authorized person through the access point.

     The 6-month assessment shall include a 12-month deployment 
     strategy for currently available technology at all category X 
     airports, as defined in the Federal Aviation Administration 
     approved air carrier security programs required under part 
     108 of title 14, Code of Federal Regulations. Not later than 
     18 months after the date of enactment of this Act, the 
     Secretary of Transportation shall conduct a review of 
     reductions in unauthorized access at these airports.
       ``(2) 90-day review.--
       ``(A) In general.--The Deputy Secretary for Transportation 
     Security, as part of the Aviation Security Coordination 
     Council, shall conduct a 90-day review of--
       ``(i) currently available or short-term deployable upgrades 
     to the Computer-Assisted Passenger Prescreening System 
     (CAPPS); and
       ``(ii) deployable upgrades to the coordinated distribution 
     of information regarding persons listed on the ``watch list'' 
     for any Federal law enforcement agencies who could present an 
     aviation security threat.
       ``(B) Deployment of upgrades.--The Deputy Secretary for 
     Transportation Security shall commence deployment of 
     recommended short-term upgrades to CAPPS and to the 
     coordinated distribution of ``watch list'' information within 
     6 months after the date of enactment of this Act. Within 18 
     months after the date of enactment of this Act, the Deputy 
     Secretary for Transportation Security shall report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and to the Committee on Transportation and 
     Infrastructure of the House of Representatives, the 
     Government Accounting Office, and the Inspector General of 
     the Department of Transportation, on progress being made in 
     deploying recommended upgrades.
       ``(3) Study.--The Deputy Secretary for Transportation 
     Security shall conduct a study of options for improving 
     positive identification of passengers at check-in counters 
     and boarding areas, including the use of biometrics and 
     ``smart'' cards. Within 6 months after the date of enactment 
     of this Act, the Deputy Secretary shall report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and to the Committee on Transportation and 
     Infrastructure of the House of Representatives on the 
     feasibility and costs of implementing each identification 
     method and a schedule for requiring air carriers to deploy 
     identification methods determined to be effective.''.

  Subtitle C--Research and Development of Aviation Security Technology

     SEC. 221. RESEARCH AND DEVELOPMENT OF AVIATION SECURITY 
                   TECHNOLOGY.

       (a) Funding.--To augment the programs authorized in section 
     44912(a)(1) of title 49, United States Code, there is 
     authorized to be appropriated an additional $50,000,000 for 
     each of fiscal years 2002 through 2006 and such sums as are 
     necessary for each fiscal year thereafter to the Federal 
     Aviation Administration, for research, development, testing, 
     and evaluation of the following technologies which may 
     enhance aviation security in the future. Grants to industry, 
     academia, and Government entities to carry out the provisions 
     of this section shall be available for fiscal years 2002 and 
     2003 for--
       (1) the acceleration of research, development, testing, and 
     evaluation of explosives detection technology for checked 
     baggage, specifically, technology that is--
       (A) more cost-effective for deployment for explosives 
     detection in checked baggage at small- to medium-sized 
     airports, and is currently under development as part of the 
     Argus research program at the Federal Aviation 
     Administration;
       (B) faster, to facilitate screening of all checked baggage 
     at larger airports; or
       (C) more accurate, to reduce the number of false positives 
     requiring additional security measures;
       (2) acceleration of research, development, testing, and 
     evaluation of new screening technology for carry-on items to 
     provide more effective means of detecting and identifying 
     weapons, explosives, and components of weapons of mass 
     destruction, including advanced x-ray technology;
       (3) acceleration of research, development, testing, and 
     evaluation of threat screening technology for other 
     categories of items being loaded onto aircraft, including 
     cargo, catering, and duty-free items;
       (4) acceleration of research, development, testing, and 
     evaluation of threats carried on persons boarding aircraft or 
     entering secure areas, including detection of weapons, 
     explosives, and components of weapons of mass destruction;
       (5) acceleration of research, development, testing and 
     evaluation of integrated systems of airport security 
     enhancement, including quantitative methods of assessing 
     security factors at airports selected for testing such 
     systems;
       (6) expansion of the existing program of research, 
     development, testing, and evaluation of improved methods of 
     education, training, and testing of key airport security 
     personnel; and
       (7) acceleration of research, development, testing, and 
     evaluation of aircraft hardening materials, and techniques to 
     reduce the vulnerability of aircraft to terrorist attack.
       (b) Grants.--Grants awarded under this subtitle shall 
     identify potential outcomes of the research, and propose a 
     method for quantitatively assessing effective increases in 
     security upon completion of the research program. At the 
     conclusion of each grant, the grant recipient shall submit a 
     final report to the Federal Aviation Administration that 
     shall include sufficient information to permit the 
     Administrator to prepare a cost-benefit analysis of potential 
     improvements to airport security based upon deployment of the 
     proposed technology. The Administrator shall begin awarding 
     grants under this subtitle within 90 days of the date of 
     enactment of this Act.
       (c) Budget Submission.--A budget submission and detailed 
     strategy for deploying the identified security upgrades 
     recommended upon completion of the grants awarded under 
     subsection (b), shall be submitted to Congress as part of the 
     Department of Transportation's annual budget submission.
       (d) Defense Research.--There is authorized to be 
     appropriated $20,000,000 to the Federal Aviation 
     Administration to issue research grants in conjunction with 
     the Defense Advanced Research Projects Agency. Grants may be 
     awarded under this section for--
       (1) research and development of longer-term improvements to 
     airport security, including advanced weapons detection;
       (2) secure networking and sharing of threat information 
     between Federal agencies, law enforcement entities, and other 
     appropriate parties;
       (3) advances in biometrics for identification and threat 
     assessment; or
       (4) other technologies for preventing acts of terrorism in 
     aviation.

  The CHAIRMAN. Pursuant to House Resolution 274, the gentleman from 
Minnesota (Mr. Oberstar) and a Member opposed each will control 30 
minutes.
  The Chair recognizes the gentleman from Minnesota (Mr. Oberstar).
  Mr. OBERSTAR. Mr. Chairman, I yield myself 30 seconds.
  I would like to express my great appreciation and admiration to the 
Chair for the even-handed manner in which the Chair has conducted the 
debates, keeping Members aware of the proper decorum and proper 
procedure. The Chair has endeavored to maintain order.
  The Chamber now is assuming a spirit very much akin to that which 
prevails in most of the airports across this country, a hushed 
atmosphere, a feeling of apprehension, feeling of uncertainty as 
passengers move through the airport to the gate. We now move with some 
sense of apprehension of where the future of aviation lies. Within the 
hour we will decide.
  Mr. Chairman, 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. Chairman, the Republican leadership thinks they can 
dress up the people who work for these private companies in fancy 
uniforms and put badges on them and that will make people think they 
are federalized. They think they can change the name of the bill and 
put federalization in the title and that fixes its flaws.
  Listen to what USA Today said, and I quote: ``House GOP leaders 
insist on

[[Page H7672]]

protecting failed screening firms.'' That is the bottom line.
  We have Federal officers at our national borders. We have Federal 
officers protecting the President. We have Federal officers protecting 
us here in the Capitol, and that is the right way to do it.
  The most important role of the Federal Government is to protect its 
people; but the Republican leadership is saying we need Federal 
officers to protect us here in Washington, but the flying public can 
have their security sold off to the lowest bidder, and that is 
outrageous.
  The American public deserves the same quality of protection we 
receive; and I keep hearing these complaints about unionization and 
government employees, and personally I am sick of it. Who do my 
colleagues think risked their lives on September 11? Firefighters; 
police officers, first responders; pilots; flight attendants; 
government workers, many; union workers, almost all. They were heroes. 
Heroes. Shame on anyone who says that union workers or government 
workers cannot be trusted.
  I will tell my colleagues who cannot be trusted: the companies who 
will cut every corner to save a dime so they can come in with the 
lowest bid.
  We need to regain the confidence of the flying public, and there is 
only one way to do that: get rid of the system we have today, get 
profit motives out, put safety incentives in, and federalize our 
airport security. It is what we Democrats propose in the substitute. It 
is what the American people are demanding. It is what they deserve so 
we never, ever again have a tragedy like September 11.
  The CHAIRMAN. Does the gentleman from Florida (Mr. Mica) seek the 
time in opposition?
  Mr. MICA. Yes, I do, Mr. Chairman.
  The CHAIRMAN. The gentleman from Florida is recognized for 30 
minutes.
  Mr. MICA. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from 
Florida (Mr. Diaz-Balart).
  Mr. DIAZ-BALART. Mr. Chairman, I ask my colleagues to reject the 
Democrat leadership bill, among other reasons because it discriminates 
against American citizens who are naturalized if they have not been 
citizens of the United States for 5 years. It creates a category of 
second-class American citizens, and we should not be creating second-
class citizens in this body. We should reject that bill.
  They try to do it surreptitiously. They try to hide their 
discrimination, but it is discrimination nonetheless. If we go to page 
29 of their bill, they do not call it citizen. They say one has to be a 
national of the United States. Then they go to a section of the law, 8 
U.S.C. 1101(a)(22), for at least 5 years. Let us go to that law. A 
person has to either be a citizen of the United States, or they have to 
be a person who, though not a citizen, owes permanent allegiance.
  What does that mean? I quote from the case that defined that statute: 
``Status as a national of the United States owing permanent allegiance 
can be created only by legislative or other action of the Federal 
Government that is not acquired by mere assertion of allegiance.''

                              {time}  1800

  So citizenship for 5 years, surreptitiously brought before this 
House, is what that law does, and they want us to create a second class 
citizenship tier in this country. Do not discriminate against citizens 
by nationalization. Reject the Democrat leadership bill and let us get 
on and vote for a decent piece of legislation this evening.
  Mr. OBERSTAR. Mr. Chairman, I yield myself 10 seconds.
  My colleagues cannot have it both ways. First our bipartisan bill was 
criticized because it did not deal with citizenship. Now it is too 
restrictive on citizenship. In fact, nationals covers citizens of the 
United States, or citizens and nationals, and nationals of American 
Samoa and Swains Island under the law.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from Rhode Island (Mr. Kennedy).
  (Mr. KENNEDY of Rhode Island asked and was given permission to revise 
and extend his remarks.)
  Mr. KENNEDY of Rhode Island. Mr. Chairman, I rise to associate myself 
with the remarks of the gentleman from Minnesota (Mr. Oberstar).
  I am proud to rise today in support of the Oberstar substitute to the 
Aviation Security Bill and urge all of my colleagues to support this 
sensible amendment.
  A everyone in this chamber knows, three weeks ago, the other body 
passed sensible bill to strengthen airline security by unanimous vote. 
It is our turn in the House of Representatives to do the same.
  The horrific events of September 11th changed our would forever. 
Today we have a chance to address the aviation security issues that 
were so tragically brought to our attention that day. We cannot wait 
any longer to act.
  My colleague from Minnesota has crafted a substitute that will 
address our most critical aviation needs in a thorough and prudent 
fashion. It places responsibility for aviation security with the 
Federal Government so that we have guaranteed that professional law 
enforcement agents are in charge of securing our airplanes. It 
strengthens baggage screening, background checks, cockpit security, and 
flight school training checks, as well as several other important 
provisions.
  I strongly support this substitute, and hope that my colleagues will 
pass this bill, so that we may expeditiously send it to President's 
desk.
  I urge all my colleagues to support the Oberstar amendment.
  Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
California (Mrs. Tauscher).
  Mrs. TAUSCHER. Mr. Chairman, I thank the distinguished ranking member 
for yielding me this time, and I rise in strong support of the Oberstar 
amendment, which is the same text of the bill the Senate passed 
unanimously over 3 weeks ago.
  It has been some 7 weeks since security at three of our major 
airports was breached, resulting in the hijacking of four planes and 
the tragic events that unfolded on September 11. Following the attacks, 
the Committee on Transportation and Infrastructure worked swiftly, in a 
bipartisan way, to pass a relief package for airlines, which I 
supported. But I said then and I believe now that no amount of money 
will stabilize the aviation industry over the long term unless we 
restore the confidence of the American flying public, and that means 
getting security right, and that means today.
  Families need to feel safe in order to buy tickets to go see grandma 
for Thanksgiving and business travelers should feel confident to return 
to the skies to help our slowing economy. Mr. Chairman, restoring 
confidence means restructuring our current system to establish a 
seamless network of security that has national standards and national 
accountability. This amendment does that, and, if passed, would avoid a 
conference with the Senate and could be signed into law by the 
President tomorrow.
  Recent polls indicate that, like national security, over 80 percent 
of the American people believe that airport security should be a 
function of the Federal Government. The Senate, including 49 Republican 
Senators, have chosen to put the safety of the American flying public 
above partisan politics. The House leadership should allow their 
Members to do the same.
  Mr. Chairman, I urge my colleagues to vote ``yes'' on the Oberstar 
amendment and send the President this bill tomorrow. The American 
people are waiting.
  Mr. MICA. Mr. Chairman, I am pleased to yield 2 minutes to the 
distinguished gentleman from Idaho (Mr. Simpson), also a member of our 
Subcommittee on Aviation.
  Mr. SIMPSON. Mr. Chairman, it has been said the first casualty of any 
war is the truth. After listening to some of the rhetoric today on this 
floor, much of it embarrassingly irresponsible rhetoric, truth truly 
has been wounded today.
  Anyone listening to this debate would think that there are only two 
options, the Oberstar amendment, which would Federalize the employees 
and, therefore, we would have a secure airport system; or leaving 
everything as it existed prior to September 11, as if the underlying 
bill did nothing to improve security. The fact is the underlying bill 
improves security.
  My colleagues show us statistics about the turnover rate of screeners 
and about the pay rates of screeners, and so forth, as if that would be 
the case if we were to use private contractors in appropriate places. I 
can tell my colleagues that I live next to the

[[Page H7673]]

Idaho National Engineering Laboratory, the lead nuclear engineering 
laboratory in the Nation. Guess what? They have private contractors 
doing the security there, and they do a fantastic job. I would dare 
anyone to try to get on the grounds of the National Engineering 
Laboratory.
  Let me tell my colleagues what this bill does not do, what the 
Oberstar amendment does not do. First of all, it slows down the hiring 
of new screeners and air marshals. It gives 9 months to hire new 
screeners and air marshals. The Young-Mica bill makes that happen in 3 
months. We need security as quickly as possible, not a year from now, 
not 9 months from now. Hopefully quicker than 3 months from now, but we 
do it much quicker in our bill.
  Oberstar does not give the Under Secretary authority to expedite 
rulemaking. It takes an average of 3.8 years to write a rule in the 
Department of Transportation. How quickly do my colleagues think we 
will have those rules written in order to improve security at our 
airports if we do not have expedited rulemaking, which the Oberstar 
amendment does not have?
  Lastly, the Oberstar substitute allows the Attorney General to waive 
all laws applicable to employees. Not just the civil service laws, the 
substitute waives the veterans preference, labor laws, worker safety 
laws, civil rights laws, and worker protection laws. The Young-Mica 
bill takes a more targeted approach by assuring worker performance 
without waiving all of the employment laws.
  I urge my colleagues to vote against the Oberstar substitute and 
support the underlying bill.
  Mr. OBERSTAR. Mr. Chairman, I yield myself 10 seconds to simply point 
out the reality of the pending committee language. Not later than 3 
months the Under Secretary shall assume civil aviation security and 
functions with a schedule to be developed by the Secretary of 
Transportation. It does not say anything that the gentleman referred 
to.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from New Jersey (Mr. Holt).
  (Mr. HOLT asked and was given permission to revise and extend his 
remarks.)
  Mr. HOLT. Mr. Chairman, I rise in support of the Oberstar bipartisan 
substitute.
  Mr. Chairman, earlier this year I voted against the airline bailout 
bill. I voted against it not because I didn't think that we needed to 
take steps to insure the viability of our airline industry, but because 
that flawed piece of legislation didn't address the most important 
concern of all for the airlines--safety. If we want to revitalize the 
airline industry we have to get people back on the planes. We cannot do 
this unless we reassure them about the security of the airlines. It is 
clear that people do not feel safe flying. Just today, we received 
information that Delta Airlines has lost $295 million and United has 
lost $1.16 billion. If we really want to help out the airline industry, 
we have to make sure these losses don't continue. Yet here we are more 
than 50 days after the events of September 11 and we have just started 
to discuss the very real concern of aviation security here in the House 
of Representatives.
  To both prevent future attacks, and to restore the public's 
confidence in flying we must take steps to improve the way security is 
undertaken at our airports and in our airplanes. We cannot just make 
suggestions and hope that the same security companies that have 
committed gross violations of current law do a better job in the 
future. This is a very real problem and it demands a real solution.
  We need to change existing law, and we must take steps to improve 
cockpit security, to limit access to the cockpit and to strengthen 
cockpit doors. We need to improve the training of flight crews and 
pilots to deal with potential hijacking attempts. We need to conduct 
background checks on all employees with access to secure areas as well 
as those seeking flying lessons on large aircraft or flight simulators. 
We need to screen 100 percent of all checked bags at our airports. The 
technology exists right now to perform this basic task, yet it still 
isn't being done.
  Most importantly, we need to professionalize this industry to make 
sure the job is done right. The companies responsible for aviation 
security right now cannot be trusted to obey current laws. They're 
hiring felons and illegal immigrants and are failing to conduct the 
background checks required under current law. Current screeners are 
missing an unacceptable number of threat objects in tests conducted by 
the FAA. We cannot leave the same failing companies in charge of this 
important task and expect the results to change. We must 
professionalize this industry, and to do so we must federalize it.
  I urge a ``yes'' vote on the Oberstar-Ganske substitute.
  Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes and 20 seconds to the 
gentlewoman from New Jersey (Mrs. Roukema).
  (Mrs. ROUKEMA asked and was given permission to revise and extend her 
remarks.)
  Mrs. ROUKEMA. Mr. Chairman, I rise in strong support of this 
amendment in the nature of a substitute, and I want to commend both the 
gentleman from Minnesota (Mr. Oberstar) and the gentleman from Iowa 
(Mr. Ganske) for their bipartisan approach and steadfast leadership on 
this very important issue.
  Now, I must admit that both these bills are constructive. They deal 
with baggage claims, including baggage check claims being screened, 
including further security measures for secure areas at airports. I 
will not go into all of that. They are good. But, clearly, the 
Oberstar-Ganske bill is far superior when we get to the responsibility 
of security at the airports, and I want to stress this.
  We continue to hear stories and disturbing reports about the 
inefficiency and ineffective security at our airports, even since 
September 11. The stories go on and on, including loaded firearms on a 
plane just this past week. The point is that we have to start thinking 
outside the box, as this bill does.
  The system has serious gaps in it and serious holes and it is time 
that we do Ganske-Oberstar, the bipartisan bill, because it 
acknowledges that it is a function of Federal law enforcement that has 
to be enacted at the airports.
  Mr. Chairman, we rely on the Federal Government to guard our borders, 
the Border Patrol; to police our coasts and coastways, the Coast Guard; 
national parks, the Park Police; and even for Members and visitors at 
the U.S. Capitol, the U.S. Capitol Police. So this is not an 
extraordinary thing that we are doing, as critics of this proposal have 
said.
  We need all of this. We are very late in action, and we cannot let it 
stall any longer. I might make the point that in the Senate this bill 
was passed on a bipartisan basis. This is not a partisan thing. It was 
passed in the Senate with the support of Trent Lott and 48 other 
Republicans. Let us protect our people and our Nation.
  Mr. Chairman, I rise in strong support of the amendment in the nature 
of a substitute offered by the gentleman from Minnesota. I want to 
thank Mr. Oberstar and Mr. Ganske for their steadfast leadership on 
this critically important issue. I also would like to commend Chairman 
Don Young of the Transportation Committee for his commitment to 
protecting the American people.
  I believe the House is being asked to choose between two constructive 
proposals that address issues we should have addressed years ago:
  Both bills would expand the federal air marshal program;
  Both bills require aircraft cockpit doors be strengthened and other 
cockpit and cabin security measures be implemented;
  Both bills would establish further security measures for secure areas 
of airports;
  Both bills require that armed federal law enforcement officers be 
placed at all screening stations;
  Both bills establish strict employment, training and performance 
standards for screening personnel, with screeners being prohibited from 
striking and subject to firing for poor work performance.
  Both bills require all baggage--including checked baggage--be 
screened;
  Both bills mandate that background checks be performed on foreign 
nationals and others seeking flying lessons at U.S. flight schools;
  However, on the key issue of ultimate responsibility for security, 
the Ganske-Oberstar amendment is bipartisan and superior.
  Mr. Chairman, every Member of this House climbs on an airplane at one 
of our airports with regularity. Each and every one of us has horror 
stories about security lapses they witnessed.
  Since September 11, we continue to hear and read stories about 
disturbing reports about the inefficiencies and inffectiveness of the 
security at our airports. Passengers are still carrying loaded firearms 
on a plane. Private security firms employing felons. Passengers walking 
around security checkpoints. Security personnel falling asleep at their 
posts. The uneven-ness of security procedures from airport to airport. 
The list goes on and on.
  One thing can be said for terrorists--they are resourceful. Not many 
people thought before September 11 that airliners could do so

[[Page H7674]]

much damage to America. But the terrorists did.
  Not many people thought four flights could be hijacked 
simultaneously. But the terrorists did.
  It's time we started thinking outside of the box. Clearly, the system 
we have in place today has serious holes. It's time to change the 
culture at airports. It's time to acknowledge that this is a function 
of law enforcement--federal law enforcement--with all the weight, 
experience, and know-how that brings with it. Ganske/Oberstar the 
bipartisan bill does this.
  It's time to upgrade the training, the pay, the working conditions, 
and the supervision of those who provide this essential security 
screening.
  With all due respect to Secretary Mineta and the hardworking people 
at the Transportation Department, it's time to turn this function over 
to a law enforcement arm of the United States government.
  Then, if there are failures, we know exactly where to point the 
finger. And frankly, the American people will look right at us . . . as 
they should.
  Mr. Chairman, we rely on the federal government to guard our borders 
(Border Patrol), police our coasts and waterways (Coast Guard), to 
protect our National Parks (Park Police), to ensure the security of 
this Capitol, our Members and our visitors (U.S. Capitol Police).
  Our war-fighting duties fall to the federal government. My 
Colleagues, we are at war! And we should not fall back on the same old 
system with the same old people to ensure security of our skies.
  Mr. Chairman, as we stand here today, we are very late. The murderous 
attacks on the World Trade Center, the Pentagon and unknown targets in 
the Washington area--attacks where the weapons of choice were four 
fuel-ladened commercial airliners--occurred nearly seven weeks ago. 
Since that time, we have seen Americans come to consider flying as a 
travel means of last resort. We have heard the Attorney-General and the 
FBI issue two warnings of imminent terrorist attack.
  We are very late. The American people want action. The American 
people deserve action.
  Passage of the Oberstar amendment means this legislation goes right 
to the President's desk. This weekend we heard Chief of Staff Andy Card 
indicate that the President will sign this bill--the same bill that was 
approved by the Senate 100-0. The same bill that was supported by Trent 
Lott and 48 other Republicans.
  My Colleagues, time is wasting. Pass the Oberstar-Ganske amendment. 
Send this bill to the President. Protect the American people and 
protect them now! Protect our Nation.
  Mr. MICA. Mr. Chairman, I am pleased to yield 2 minutes to the 
gentleman from Florida (Mr. Weldon), chairman of the House Subcommittee 
on Civil Service.
  Mr. WELDON of Florida. Mr. Chairman, I had legal counsel review the 
legislation we are debating right now at the Subcommittee on Civil 
Service. The way this amendment is drafted it exempts these new Federal 
employees from the Veterans Preference Act, the civil rights laws, the 
Rehabilitation Act, the Age Discrimination Act, merit principles, 
family and medical leave, Federal labor-management relations statutes, 
the Fair Labor Standards Act, and the whistleblower protections.
  If a Republican brought an amendment calling for the creation of a 
new Federal workforce that is going to be larger than the workforce at 
the Department of Labor, larger than the workforce at three other 
Cabinet level agencies and tried to exempt them from all these Federal 
laws, my Democrat colleagues would be up in arms. The unions would be 
going berserk. I am amazed that this amendment has been crafted this 
way.
  Now, I assume my colleagues are expecting the Attorney General to 
voluntarily apply all these protections. I would just like to point out 
that the debate is not between doing nothing and my colleagues' 
proposal. The debate is between the Oberstar amendment and I think a 
very, very good proposal that is modeled on the European experience, 
where they have tried to federalize their workforce.
  Let me just close out by quoting from a Washington Post survey of 
Federal employees. Only 30 percent of Federal employees, and my father 
was a retired Federal employee, believe the Federal Government does an 
effective job disciplining poor performing employees.
  I think what the American people want is the most effective 
protections that we can put forward, and this proposal creates some 
federalization of the security forces. To federalize all of them, and 
in this fashion, in this amendment, baffles me. Vote against this 
thing.
  Mr. OBERSTAR. Mr. Chairman, I yield myself 30 seconds.
  Mr. STRICKLAND. Mr. Chairman, will the gentleman yield?
  Mr. OBERSTAR. I yield to the gentleman from Ohio.
  Mr. STRICKLAND. Mr. Chairman, I rise today to engage my distinguished 
colleague from Minnesota in a colloquy to clarify one section of this 
bill, section 108, relating to the screening of passengers and 
property.
  Am I correct in my understanding that section 108 only applies to the 
screening of passengers and property that will be placed aboard 
passenger aircraft?
  Mr. OBERSTAR. Reclaiming my time, Mr. Chairman, I would advise the 
gentleman that his understanding is correct.
  Mr. STRICKLAND. I thank the gentleman for that clarification, Mr. 
Chairman.
  Mr. OBERSTAR. Mr. Chairman, I am pleased to yield 2 minutes to the 
distinguished gentlewoman from the District of Columbia (Ms. Norton).
  Ms. NORTON. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  Mr. Chairman, there is a lot of, if my colleagues will forgive me, 
flying on the vote on the Oberstar substitute. It is as if one wing 
said passenger safety and the other wing said economic recovery.
  On September 11, we paid a very high price in human lives when planes 
went down. Since then we have been paying the price in jobs and empty 
airline seats. The planes are up, but 20 percent of the passenger loads 
is down and 40 percent of the revenue is down. Unless we help people 
conquer the new fear of flying, more planes will be grounded and more 
jobs lost.
  September 11 taught us that we must not have one standard of personal 
safety in the air and another standard on the ground. The average 
American has just one question for us this evening, and that is are we 
doing everything humanly possible to maximize safe air travel. Sadly, 
not with the Republican bill.
  We cannot make government accountable for the people's safety by 
cloaking a private employee in red, white and blue. If it quacks like a 
contractor it cannot walk like a law enforcement officer. There is only 
one way to have one system of care and accountability coast to coast 
and that is with one Federal employer.
  My good Republican friends are fond of saying that the only 
indispensable function of government is national security. For heaven's 
sake, do not cop out on national security in the air for the American 
people. Support the bipartisan Senate bill and substitute.
  Mr. MICA. Mr. Chairman, I am pleased to yield 1\1/2\ minutes to the 
gentleman from Maryland (Mr. Gilchrest), one of our senior members on 
the Committee on Transportation and Infrastructure.
  Mr. GILCHREST. Mr. Chairman, I thank the gentleman for yielding me 
this time.
  I will say to the gentlewoman from the District of Columbia, having 
spent weeks looking into this issue, not as a Republican, not as a 
Democrat, but as someone who wants both wings to say passenger safety, 
someone who truly believes that it is keen that the Federal Government 
has responsibility for the safety and security of American citizens, 
that I also truly believe it is the responsibility of the Federal 
Government to provide security at our Nation's airports.
  Now, why are we here today and not 3 weeks ago? Because it took the 
committee time. It took myself visiting the Port of Baltimore, BWI 
Airport, our bridges, and all those vulnerable areas in our State, 
which includes nuclear power plants, which includes Federal buildings, 
and includes a whole array of other things. So this bill, in my 
judgment, after talking to the Coast Guard, the CIA, the FBI, Customs, 
INS, airport security, State police, you name it, it is my considered 
judgment, after listening to them, that the Federal Government needs to 
be responsible in this case for airport security.

                              {time}  1815

  What does that mean? That means that we want to make sure that behind

[[Page H7675]]

every screener is a Federal agent. In some cases every screener will be 
a Federal employee, a Federal agent; and in some cases the baggage 
handlers will also be in that category. But be sure that every bag is 
going to be screened. The Federal Government will provide security for 
this system in the same manner that the Federal marshals provide 
security for our nuclear power plants.
  Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the gentleman from 
New Jersey (Mr. Smith).
  (Mr. SMITH of New Jersey asked and was given permission to revise and 
extend his remarks.)
  Mr. SMITH of New Jersey. Mr. Chairman, both of my older brothers are 
competent, experienced master pilots with thousands of flight hours. 
One flew Hueys and Cobra Army helicopters; another brother is a former 
aircraft fighter pilot who flew A-7s off the USS Enterprise. Today he 
is a 757 captain with a major airline. What we do today holds an added 
personal significance for me and my family.
  After the jets and planes went back into the sky following the 
horrific tragedy of September 11, he and his wife, who is a flight 
attendant, courageously did their jobs. They, like many other air 
crews, braved flight despite the fact that serious flaws in aircraft 
security remained. We can change that today. The pilots and air crews, 
like the police, fire and emergency ``first responders'' at ground zero 
are heroes. We owe them a tremendous debt of gratitude, admiration, and 
respect.
  There is no doubt in my mind whatsoever that on both sides of the 
aisle and both sides of the approach to ensuring aviation safety, 
Members are fully committed to protecting every flight crew and 
passenger in America. To suggest otherwise is demagoguery. I assume 
goodwill on both sides.
  The current aviation security system is broken big time. The private 
sector system that we have had in the past, and I would submit, even 
with federal ``supervision'' going forward is likely to be less than 
the optimum. The Private Sector may not be up to the challenge of 
dealing with the new magnitude of terrorist threats that America faces. 
When it comes to the overriding and paramount interest of protecting 
American lives and our national security, I believe we can and must 
count on a professionally trained and maintained workforce. Neither 
bill is a panacea. Neither bill guarantees success; but highly trained 
Federal employees give us the best shot. I would point out that at the 
Department of Defense, at our borders with the Custom Service and with 
the Border Patrol, we count on them to provide that kind of protection. 
The job of protecting 96,000 miles of land, sea and air at our borders, 
and more than 300 ports of entry is entrusted each day to dedicated 
employees of the U.S. Customs Service.
  Mr. Chairman, I support the Oberstar-Ganske Competing Amendment. It 
is the best of the two proposals.
  Mr. Chairman, both of my older brothers are competent, experienced, 
master pilots with thousands of flight hours. One flew Hueys and Cobra 
Army helicopters. Another brother is a former aircraft carrier fighter 
pilot who flew A-7's off the U.S.S. Enterprise. Today, he is a 757 
captain with a major airline.
  So what we do here today holds an added personal significance and 
meaning for me and my family.
  After jets and planes went back into the sky following the horrific 
tragedy of September 11th, he--and his wife, who is a flight 
attendant--courageously did their jobs. They--like many of their air 
crew colleagues--braved flight despite the fact that serious safety 
flaws remained. We can change that today. The pilots and aircrews--like 
the police, fire, and emergency responders at ground zero--are heroes. 
We owe them a great debt of gratitude, admiration and respect.
  There is no doubt in my mind whatsoever that both sides of the aisle, 
and both sides of the approach to ensuring aviation safety, are fully 
committed and eager to protect every flight crew and passenger in 
America.
  To suggest otherwise is pure demagoguery. I assume good will on both 
sides.
  The Oberstar-Ganske amendment, which I have cosponsored as H.R. 3165, 
is a comprehensive attempt to improve out nation's airline security. We 
cannot allow any of the past deficiencies in the screening of 
passengers and property to continue. The past problems with 
unstructured and mostly private aviation security systems now in place 
at our airports must be scrapped, replaced, and repaired.
  The current system is broken. Unfortunately, the private security 
systems have not in the past, and certainly cannot now be expected to 
deal with the new magnitude of terrorist threats America faces. 
Everyday brings news of some new incident where somebody with a box 
cutter, knife, or gun manages to walk onto an airplane. Last week, a 
man flying out of New Orleans International Airport boarded a Boeing 
737 with a loaded handgun in his briefcase. He went right through 
airport security undetected. Why can't we just admit that while the 
private sector does many things well, they are just not up the task of 
airport security? How many more guns have to get onto aircraft before 
we face reality?
  When it comes to the overriding and paramount interests of protecting 
American lives and our national security, I believe that we can trust 
and count on federal workers. They have proven themselves at the 
Defense Department, and at our borders with the Customs Service and the 
Border Patrol. We don't contract these jobs out because they are too 
important to leave in the hands of the private sector. The job of 
protecting 96,000 miles of U.S. land, air, and sea borders and more 
than 300 ports of entry is entrusted each day to the 20,000 dedicated 
employees of the U.S. Customs Service. The job of protecting our own 
security right here in our offices and on this House floor is performed 
by the very capable and dedicated federal employees of the Capitol 
Police Force.
  I ask my colleagues this question: if private security firms are so 
great, why not go with private security firms at the Customs Service or 
the Capitol Police Force? Maybe we should privatize the Secret Service 
protection of the President while we are at it. Why should Congress and 
the President be protected by federal employees, while the rest of the 
country's security is provided by often poorly paid, poorly trained 
``rent-a-cop'' outfits?
  Airport security is a national law enforcement function and cannot be 
subject to cost-cutting measures that have fostered the poor standards 
that have contributed to serious security lapses.
  The Oberstar-Ganske amendment would do more than just federalize the 
mission of bag screeners and airline security personnel. It would 
significantly expand the Federal Air Marshals program and provide for 
the mandatory training of flight and cabin crews to deal with aircraft 
threat conditions. It authorizes $50 million annually over the next 
five years for research in security technologies and $20 million for 
the FAA to issue research grants. This amendment also allows the 
Department of Justice to determine whether federal or state and local 
law enforcement personnel should be employed at our smaller airports. 
The amendment requires stringent background checks for current 
employees that have access to secure areas at airports. The bill also 
would allow the pilot, co-pilot, or flight engineer to carry firearms 
after the successful completion of a comprehensive training program; it 
would require the strengthening of cockpit doors and locks; and it 
includes provisions that would call for criminal history and background 
checks for students seeking flight training on certain classes of 
airports.
  The public's confidence in air travel, badly shaken by the September 
11th attacks and events afterward, must be restored. The Oberstar 
Amendment will accomplish this goal. It will assist in the 
stabilization and recovery of our airlines and related industries. This 
amendment will provide the level of security the American people 
deserve. Mr. Chairman, we cannot continue with a system that could 
again put our national security and the lives of Americans at risk.
  Mr. MICA. Mr. Chairman, I yield myself 10 seconds just in response.
  Mr. Chairman, we have 323 INS inspectors at the Canadian border, but 
we will have 31,000 Federal screening agents.
  Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Florida 
(Mr. Foley).
  Mr. FOLEY. Mr. Chairman, let me quote Ronald Reagan: ``Too often 
character assassination has replaced debate in principle here in 
Washington. Destroy someone's reputation, and you do not have to talk 
about what he or she stands for.''
  I have not heard one Republican on my side of the aisle talk about 
keeping the status quo. Each and every one of us has family that fly on 
airplanes, and we are concerned about their safety. But if one listens 
to the other side of the aisle, we are not interested in employing top-
notch people. Indeed, we are.
  Mr. Chairman, in Palm Beach County, I would like to be able, with the 
President's direction, to hire the Palm Beach County Sheriff's 
Department, uniformed law enforcement agents, FOP and PBA members. I 
like the

[[Page H7676]]

 union, and I like supporting unionized police and firefighters. They 
could be on the job in a matter of weeks. They could be given the 
authority to do that. We are not suggesting to keep these little groups 
of people who are now working the airports. That is inadequate. That is 
unacceptable. The Young-Mica bill does not allow for that.
  Let us not cloud the debate about one side not being concerned about 
passenger safety and the other side ramping up. I have heard Members 
praise the Border Patrol, and they are doing an outstanding job; but 
somehow there are 7 million illegals in this country that got through 
our borders.
  The terrorist who struck the World Trade Center was here on an over-
stayed visa, the job of INS. They did not find him and remove him.
  I have a pestilence in Florida, citrus canker, that is supposed to be 
stopped by the USDA inspection teams at our ports; but I have millions 
of dollars of damage of our crops because we did not stop it, all by 
Federal employees. I think we can do better. Do not say it is a panacea 
for safety.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the gentlewoman from 
Nevada (Ms. Berkley).
  (Ms. BERKLEY asked and was given permission to revise and extend her 
remarks.)
  Ms. BERKLEY. Mr. Chairman, it is imperative that we pass an aviation 
security package today that will make the skies safer. If the images of 
September 11 have taught us anything, it is that aviation security is 
national security. Restoring the public's confidence in aviation safety 
and getting people back in the planes are extremely important to Las 
Vegas and other cities that depend on tourism. In Las Vegas, hotel 
occupancy fell to 40 percent, and 240 conventions canceled after the 
attacks. Nearly 15,000 workers have been laid off from our hospitality 
industry alone.
  The longer it takes to implement effective security measures in our 
airports, the longer people will stay out of the air and the longer 
people will stay away from our tourist destinations. Businesses will 
continue to suffer, and unemployment will continue to rise.
  The Senate passed this aviation security bill unanimously, 100 to 
zero. It is time that the House answers the call of our constituents 
who are demanding airline security by passing this Democratic 
substitute.
  One role of the federal government that we can all agree on is that 
the government has a responsibility to ensure our national security. We 
would never privatize our military or our Border Control agents. Yet we 
still contract out our aviation security to the lowest bidder.
  Airport screeners are the front line of law enforcement in our 
airports. The current system of contracting out to the lowest bidder is 
unacceptable and irresponsible. Private companies pay their employees 
minimum wage, hire employees without conducting background checks and 
provide their employees minimal training.
  What we need are federal officers at baggage screening checkpoints 
who have the benefit of experience, rigorous training, and access to 
integrated law enforcement government databases.
  Mr. MICA. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from 
Tennessee (Mr. Wamp).
  (Mr. WAMP asked and was given permission to revise and extend his 
remarks.)
  Mr. WAMP. Mr. Chairman, this is not a partisan issue, even though it 
is divided close to partisan lines. As a matter of fact, one of my most 
distinguished constituents is a man named Jim Hall, who served for 6 
years as the chairman of the National Transportation Safety Board under 
President Clinton. He actually is the foremost authority on airline 
security in the country, and earlier this week he wrote an editorial in 
support of the flexibility to contract out the security in the 
airports.
  Mr. Chairman, I include for the Record his editorial, but I also want 
to read a portion. He says, ``While there are persuasive arguments 
being made on both sides of this issue, I believe that private sector 
contractors are fully capable of handling the job if there is a system 
of government oversight that will provide adequate levels of funding to 
put in place the newest technology and to implement a positive bag-
match program. It also must ensure high levels of preemployment 
screening, ongoing training and, most important, accountability.
  ``There are many examples of the effective uses of private 
contractors in high security areas. The Nuclear Regulatory Commission, 
for example, allows the use of private security personnel to safeguard 
the Nation's nuclear reactors, materials and waste facilities. This 
approach succeeds because private contractors operate under an 
oversight system that holds them to high professional standards and 
does not force bargain basement competitive bidding.
  ``The point is that the litmus test on the best way to increase 
aviation security should not be on whether airport screeners are 
Federal employees. Rather, it should be on which system has the best 
chance of succeeding and guaranteeing security over the long run.''
  Mr. Chairman, he knows this issue as well as anybody, and he knows 
that the best system is the system in Great Britain. He recommends that 
system.
  The referenced article is as follows:

                    How to Improve U.S. Air Security

                             (By Jim Hall)

       A very important debate is taking place in Congress on the 
     issue of strengthening commercial aviation security. 
     Unfortunately, much of it is centered on the question of 
     whether pre-board screening organizations at the nation's 
     airports should be completely federalized.
       While the sometimes partisan debate over federalizing 
     airport screeners is well-intended, it has in my view focused 
     on the wrong subject. The main focus should not be on whether 
     screeners should be government employees or private contract 
     workers, but rather on what caused the problem in the first 
     place.
       The inadequacies of our aviation security screening are the 
     result of a deeply flawed system caused by the collective 
     failure of the government and the airlines to provide a 
     structure that is adequately funded and contains provisions 
     for accountability.
       These problems cannot be explained simply by pointing a 
     finger at private-sector screening personnel. Rather, they 
     are the result of the government--at the urging of the 
     airlines--leaving the responsibility up to the individual 
     airports and airlines, which in turn demand private bid 
     packages that force contractors to pay hourly wages barely 
     competitive with fast-food hamburger chains.
       As a member of the White House Commission on Aviation 
     Safety and Security during my tenure as chairman of the 
     National Transportation Safety Board, I toured and studied 
     airport-security programs at several domestic and 
     international airports. It was apparent then, as it has 
     become painfully so now, that the American system was 
     woefully inadequate.
       A multitude of recommendations were made to begin improving 
     the safety of our air transportation system, including 
     increasing the professionalism of passenger screeners. 
     Although some have been implemented, more work needs to be 
     done.
       As part of the multifaceted response to the Sept. 11 
     tragedies, the Senate has approved legislation that would 
     make preboard-screeners federal employees. The House of 
     Representatives, meanwhile, is preparing to debate the status 
     of screeners as part of its version of aviation-security 
     legislation. Many House conservatives and moderates are 
     opposed to staffing passenger-screening posts with a new 
     cadre of federal workers.
       While there are persuasive arguments being made on both 
     sides of this issue, I believe that private-sector 
     contractors are fully capable of handling the job if there is 
     a system of government oversight that will provide adequate 
     levels of funding to put in place the newest technology and 
     to implement a positive bag-match program. It also must 
     ensure high levels of pre-employment screening, ongoing 
     training and, most important, accountability.
       There are many examples of the effective uses of private 
     contractors in high security areas. The Nuclear Regulatory 
     Commission, for example, allows the use of private security 
     personnel to safeguard the nation's nuclear reactors, 
     materials and waste facilities. This approach succeeds 
     because private contractors operate under an oversight system 
     that holds them to high professional standards and does not 
     force bargain basement competitive bidding. The point is that 
     the litmus test on the best way to increase aviation security 
     should not be on whether airport screeners are federal 
     employees. Rather, it should be on which system has the best 
     change of succeeding and guaranteeing security over the long 
     run. Only through a systemwide approach can we ensure the 
     timely implementation of technology and the highest level of 
     security for all Americans.
       I believe the solution lies in a public-private partnership 
     that puts together the advantages of both. The best model for 
     this can be found in the United Kingdom. Under the British 
     system, either private-sector contractors or airport 
     personnel perform pre-board passenger screening under strict 
     government oversight. They are held to very high standards. 
     The system works.
       Regardless of what Congress decides on this particular 
     issue, it ultimately must address the aviation-security 
     system as a whole. The responsibility for implementing this 
     new system and ensuring that new regulatory standards are met 
     should be placed in

[[Page H7677]]

     the new Office of Domestic Security, where clean lines of 
     accountability could be established. It should not be buried 
     within the multilayered bureaucracies found in the 
     departments of justice and transportation. Additionally, I 
     believe an independent board or agency that would function 
     much like the NTSB should be created that would serve as an 
     integral part of a new system of checks and balances. It in 
     essence would be a watchdog on behalf of the American public 
     regarding aviation security.
       The U.S. aviation safety system has been a model for the 
     world because of the hard work of FAA regulators and the 
     dedicated employees of the NTSB, who continually monitor the 
     system through investigations of accidents and incidents. The 
     independent safety board has never been afraid to speak out 
     to protect the interest of the traveling public. There needs 
     to be a similar independent voice to ensure that those 
     responsible for aviation security are held accountable.
       As it deliberates, Congress needs to remember that the 
     system failed--not individuals. If a new security system, 
     such as the one I have described, is implemented, concerns 
     regarding private-sector passenger screeners will be moot. 
     The time for decisive action is now. It is imperative for 
     Congress to make the systemic changes that are needed, not 
     only to address the problems of the past, but also to create 
     a model of security that is strong enough--and flexible 
     enough--to keep us safe and to rebuild confidence in the 
     future.

  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the gentlewoman from 
California (Ms. Waters).
  (Ms. WATERS asked and was given permission to revise and extend her 
remarks.)
  Ms. WATERS. Mr. Chairman, we, the Members of the House, have an 
opportunity to make a rather easy decision this evening. We must decide 
to make airline travel safe for the people of the Nation. We must 
support the Democratic substitute and restore the confidence of our 
citizens to ride airplanes.
  The Aviation Security Act will eliminate the irresponsible private 
contractors who win the lowest-bid contracts for providing screening 
services at our airports. These contractors have failed the basic job 
of keeping our airlines safe for flight.
  Further, this bill will ensure all planes are retrofitted to secure 
the cockpits and to protect the pilots and passengers from hijackers.
  In addition, we must purchase the equipment to screen all baggage and 
all packages that are placed in the belly of each and every airplane. 
This bill will place more air marshals on our planes. These are simple 
safety measures that must be enacted.
  Mr. Chairman, what is wrong with us? What has taken us so long to 
make the flying public safe? Members, do not let history record the 
horrible details of the September 11 disaster, and further record that 
Members of Congress were not unified enough, not wise enough to pass 
good public policy.
  Mr. MICA. Mr. Chairman, I yield 2\1/4\ minutes to the gentleman from 
Arizona (Mr. Shadegg).
  (Mr. SHADEGG asked and was given permission to revise and extend his 
remarks.)
  Mr. SHADEGG. Mr. Chairman, we owe the American people the most safe 
and secure air system in the world. We owe them a fair debate. This 
debate has been focused on the current system, but the Young-Mica bill 
rejects the current system.
  Under the current system, responsibility for security is with 
airlines and private contractors. Under the Young-Mica bill, it is with 
the Federal Government.
  Under the current system, training is with the airlines and private 
contractors. Under the Young-Mica bill, it must be done by the Federal 
Government.
  Under the current system, the testing of the competency of screeners 
probably is not done at all; but when it is done, it is done by the 
airlines and private contractors. The Young-Mica bill rejects that, and 
testing must be done by the Federal Government.
  The current system says compensation is set by the airlines and the 
private contractors. Under the Young-Mica bill, it is set by the 
Federal Government.
  Under the current system, the power to fire or discipline employees 
rests with the airlines and private contractors. Under the Young-Mica 
bill, that is rejected.
  Any Member who debates this issue based on the current system is 
making a tragic mistake. The Young-Mica bill replaces that.
  Mr. Chairman, I have the greatest respect for the gentleman from 
Minnesota (Mr. Oberstar), but the substitute is not his. The substitute 
is the Senate bill identically; and, although sincere, it is flawed. It 
is weaker in six ways than the current bill before us, the improved 
House bill.
  First, it treats small and large airports differently. That is one of 
the very mistakes that was exploited by those who came in on September 
11.
  Second, it has a weaker baggage screening provision. That is because 
we revised it later. The simple truth is the House bill improves upon 
the Senate bill; and, therefore, it improves upon the substitute 
because the substitute is the Senate bill.
  Third, the substitute allows noncitizens to be screeners. Again, the 
House bill written after that, the Young-Mica bill, improves on that 
and says no noncitizens can be screeners.
  Fourth, it is implemented slower. The substitute is implemented 
slower than the Young-Mica bill. The substitute is implemented in 9 
months. The Young-Mica bill must be implemented in 3 months, and it has 
expedited rulemaking.
  Fifth, the substitute splits the jurisdiction for security between 
the Department of Justice and the Department of Transportation. We can 
debate who ought to have this authority, but it should not be split.
  Last, the substitute discriminates against people from small towns by 
making them pay twice the fee. Defeat the substitute. Let us go to 
conference. We owe the American people and the victims of September 11 
the best possible bill and nothing less.
  Mr. OBERSTAR. Mr. Chairman, I yield such time as he may consume to 
the gentleman from North Carolina (Mr. Etheridge).
  (Mr. ETHERIDGE asked and was given permission to revise and extend 
his remarks.)
  Mr. ETHERIDGE. Mr. Chairman, I thank the gentleman for yielding me 
this time.
  Mr. Chairman, I support the Democratic substitute in the interest of 
the American people.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the gentleman from 
Iowa (Mr. Boswell).
  (Mr. BOSWELL asked and was given permission to revise and extend his 
remarks.)

                              {time}  1830

  Mr. BOSWELL. Mr. Chairman, as for the comments made about not knowing 
what is in the bill, the gentleman from Iowa (Mr. Ganske) came to me 
about 4 weeks ago. The Senate passed it 3 weeks ago. We know what is in 
the bill. Let us not say that. My two Senators voted for it. Come to 
think of it, so did every one of yours here. They voted for it. 100 
percent. Let us pass this bill, let us get something to the President 
and let us get on about the business of providing security. I do not 
care if you go to Omaha, if you go to Kansas City, if you go to Des 
Moines, you go to Chicago, places I have been, the American people want 
security and they are saying do it, do it now, let us not delay any 
longer. Federalize it.
  Let us have confidence. Let us get the job done. Let us have 
standardization and do the job right. Support the Oberstar-Ganske 
amendment, please.
  Mr. MICA. Mr. Chairman, I am pleased to yield 1 minute to the 
distinguished gentleman from Ohio (Mr. Portman).
  Mr. PORTMAN. Mr. Chairman, we share the same goal here this evening. 
The question is how we best improve our aviation security. So let us 
ask some questions about what will actually make passengers safer. Will 
airline passengers be safer if the responsibility for airline security 
is confusingly split between the Department of Transportation and the 
Department of Justice, meaning Transportation to be responsible for 
some safety aspects and Justice for others as is the case with the 
substitute amendment before us? I know this is not the gentleman from 
Minnesota's approach, but this is what is before us. This is the Senate 
bill.
  This lack of accountability will lead, in my view, to confusion, to 
finger pointing. Would passengers be safer if smaller airports received 
a different and lower level of protection than larger airports as is 
true with the substitute before us? Again, this is the Senate bill. I 
am not saying it is the gentleman from Minnesota's bill, but

[[Page H7678]]

that is before us. Would airline passengers be safer if their baggage 
was screened by a Federal employee who if found to be incompetent would 
be more difficult to discipline, to fire as they would be under the 
substitute amendment before us?
  I have heard a lot of talk about the need to act quickly so let me 
ask this question. Would we be better off with a bill that does not 
have expedited procedures to move more quickly? My answer would be no.
  Mr. OBERSTAR. Mr. Chairman, I am pleased to yield 1 minute to the 
distinguished gentlewoman from Texas (Ms. Eddie Bernice Johnson).
  (Ms. EDDIE BERNICE JOHNSON of Texas asked and was given permission to 
revise and extend her remarks.)
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, I rise in support 
of this bipartisan substitute. More than a month ago, this Congress 
acted expeditiously to provide financial relief to the airlines in 
order to help them withstand the crushing blow that they took September 
11 and to make sure they did not go into bankruptcy. That, however, has 
not caused people to get back on the planes. Passengers will not fly 
until they feel the plane is safe. If the system we have in place now 
continues, they might not ever fly at the rates again. Even since all 
the talk about the increasing safety and security, the checkers that we 
have have already missed a loaded gun that was in a briefcase for a 
passenger. The turnover with these private companies is so high that 
even training is inadequate because there is no time. It is constant 
training.
  Mr. Chairman, I rise in support of the bipartisan Oberstar-Lipinski-
Ganske substitute amendment.
  More than a month ago, this Congress acted expeditiously to provide 
financial relief to the airlines in order to help them withstand the 
crushing blow that they took in the September 11 attacks. However, we 
all knew that helping the airlines to avoid imminent bankruptcy would 
only be a pyrrhic victory if we did not act further to re-establish an 
environment that enables the airline industry to prosper in the long 
term. Airline passengers have still not returned because many do not 
have full confidence in security at our nation's airports.
  The recent revelation that Argenbright Corp. which handles security 
at 46 of our nation's largest airports, continues to violate the terms 
of its probation by hiring criminally convicted baggage screens, 
certainly does little to allay those fears. The American people are now 
demanding a level of security at our nation's airports that simply 
cannot be provided by private contractors who insist on hiring minimum-
wage, ill-trained workers. America is now in a state of war against 
terrorism. At the front lines of this conflict are security personnel 
who screen passengers and luggage. This is a national security matter 
and a fundamental responsibility of the federal government. Just as we 
depend on professional pilots to bomb Taliban positions and 
professional troops in our special forces to perform surveillance 
operations in Afghanistan itself, we must have a professional police 
force at airports to ensure that terrorists do not succeed in 
inflicting harm to airline passengers.
  The Young-Mica bill merely continues the status quo. The Oberstar-
Lipinski-DeFazio bill is the only bill being considered today that 
addresses the fundamental flaws in the way we handle airport security. 
Moreover, it is the exact text as the bill which passed unanimously in 
the Senate. Every Senator--from the most conservative to the most 
progressive--voted for it. They understand what the American people are 
demanding. I hope enough of my colleagues in the House will understand 
that as well. I ask my colleagues to vote for Oberstar-Lipinski-DeFazio 
language and against the Young-Mica language.
  Mr. MICA. Mr. Chairman, I am pleased to yield 2\3/4\ minutes to the 
gentleman from Michigan (Mr. Ehlers), one of the senior members on the 
Subcommittee on Aviation.
  Mr. EHLERS. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  I would like to get past the politics of this issue for a moment 
because most of the discussion has been about whether or not this 
workforce should be federalized. I really do not think that is the big 
issue here. Federalization is something that can be resolved later, 
because both bills allow federalized employees. The Senate bill 
requires it. In other words, the Oberstar bill requires it. The House 
bill allows it and gives a choice to the administration. I think it is 
very important to remember that.
  That is not really the issue here. I do not know why everyone is 
spending all that time on it. I think it is very important to look at 
just what is important here and look at writing good law. That is what 
we are supposed to worry about. I think if you look at it very 
carefully, you will clearly see that the House bill is a better bill, 
in a number of different ways.
  We have already heard the comments of the gentleman from Florida (Mr. 
Weldon), who reviewed the laws that the Attorney General could ignore 
under the Senate bill, which is the Democratic substitute: The Veterans 
Preference Act, civil rights law, Rehabilitation Act, age 
discrimination in employment, merit principles, Family and Medical 
Leave Act. These were all very hard-fought issues over the years and we 
are suddenly going to throw them out in the substitute. That is not 
writing good law.
  The House bill is carefully drafted after consideration, hearings, 
study, consultation. The Senate bill gives the appearance at least of 
being hastily drafted. All of us here know that sometimes one House, 
one body in this Congress will do that. They will hastily draft a bill, 
send it over to the other side and say, ``We'll clean it up in 
conference.'' This substitute has to be cleaned up in conference, but 
the way it is written it will not go to conference. We need a bill to 
go to conference so we can write good law.
  The House bill provides for good administration of the system. The 
Senate bill, I tried to diagram this and it is almost impossible to 
diagram the administration of the law under the Oberstar amendment. DOT 
has a Deputy Secretary for Security with very little responsibility. 
Then the Secretary of Transportation comes in with quite a bit of 
responsibility. The Attorney General gets involved and it is hard to 
even know where to draw the lines between the two because their 
relationship is not clearly specified. The FAA Administrator comes in 
and, of all things, the Attorney General, which administers law, 
provides the guidelines for all the air marshals whereas the FAA 
Administrator, which is not used to supervising Federal law 
enforcement, has to supervise the air marshals. It is exactly the 
opposite of the way it should be.
  This substitute is poor law. Do not vote for this substitute. Vote 
for the House bill, send it to conference and together with the Senate 
we can write good law.


                      Announcement by the Chairman

  The CHAIRMAN. The Chair would like to remind Members once again that 
remarks in debate may dwell on the content of the Senate version of 
this bill, but they must not characterize the manner in which it was 
composed or those who composed it in the Senate.
  Mr. OBERSTAR. I thank the Chair for again insisting on the decorum of 
the debate in this body.
  Mr. Chairman, I yield 1 minute to the distinguished gentleman from 
Arkansas (Mr. Berry).
  Mr. BERRY. I thank the gentleman for yielding me this time.
  Mr. Chairman, America deserves a decent airline security bill. Since 
September 11, we have been overrun by representatives of these private 
security firms. This is what they have told us:
  ``It's true we've done a lousy job. We've done a terrible job. It's 
true, we've broken laws. It's true, we've been fined millions of 
dollars. It's true, we have falsified records.
  ``But,'' they said, ``if you'll just pay us a lot more money, we'll 
do a better job. That is all we need is a lot more money.''
  It reminds me of the time that my neighbor Miss Alice hired Good Doc 
to cut a tree down in her yard. Good Doc came and he looked at that 
tree and he said, ``Miss Alice, I'll cut that tree down for $25.''
  She said, ``That's fine, Doc, that's a good deal.''
  He said, ``But for $50, I'll guarantee it doesn't fall on your 
house.''
  We are about to pass a law that lets the tree fall on our house. The 
American people deserve a good airline security bill. Let us pass one.
  Mr. MICA. Mr. Chairman, I am pleased to yield 2 minutes to the 
gentleman from Michigan (Mr. Rogers), a member of the full Committee on 
Transportation and Infrastructure and also a former FBI agent.

[[Page H7679]]

  Mr. ROGERS of Michigan. Mr. Chairman, I have been listening all day 
and I have heard a reoccurring theme. It seems that my friends on the 
other side of the aisle are more concerned about who signs the check 
than they are about who checks the bags.
  We ought to get back to what is important here. We have come together 
on a lot of things. We have recognized the problems together. We 
understand that the companies are not up to standard. You are right. We 
have talked about it, both sides of the aisle. We understand that the 
system needs improvement, needs Federal involvement. You are right. We 
understand that the Federal Government ought to get involved and set 
the standards and the Federal Government ought to be involved in 
testing and the Federal Government ought to be involved in training and 
the Federal Government ought to be involved in accountability and 
oversight. We agree on these things, all of these things.
  What we did, what this chairman did, Young-Mica, they talked to the 
folks who are on the front lines of terrorism every day for the last 20 
years in the airline industry. And they said, ``United States of 
America, don't make the same mistake that we did. Federalize, don't 
nationalize. If you want all of those things, if you want all of that 
accountability, if you want safe airplanes in the sky, follow our 
lead.''
  This bill follows their lead. As a former FBI agent, I can tell you, 
I want safe airlines. I want my wife, who travels on business, to be 
safe. I want my family to be safe. You ought to set all of the politics 
aside. I would urge my colleagues on the other side of the aisle, for 
the safety of America, for the viability of these airlines, set your 
arguments aside, stop worrying about who signs the check and start 
worrying about who checks the bag.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the distinguished 
gentleman from Maryland (Mr. Cummings).
  Mr. CUMMINGS. Mr. Chairman, when it comes to the check being signed 
by the lowest bidder, I must worry.
  The fact is that we are at a critical juncture in our attempt to 
protect our Nation. We have been entrusted by the American people to 
make crucial decisions that will affect and protect their lives. The 
American people expect for us to get it right.
  It is time to acknowledge the fact that private sector management of 
our Nation's aviation system has miserably failed us. By refusing to 
take the appropriate action to correct the problem, we run the risk of 
experiencing a repeat of September 11 and the risk of abusing the trust 
of the American people. The appropriate action is federalization of our 
aviation security system.
  There have been accusations that support of federalization is an 
attempt to bolster Federal employee unions. Our accusers have forgotten 
that the majority of the brave Americans who were hailed as heroes on 
September 11 are union members and have gone beyond the call of duty. I 
believe federalized airport security personnel would provide the same 
high standard of service.
  Let us put politics aside and pass the bipartisan substitute.
  Mr. MICA. Mr. Chairman, I am pleased to yield 1\1/2\ minutes to the 
gentleman from Minnesota (Mr. Kennedy), one of the distinguished 
members of our Subcommittee on Aviation.
  (Mr. KENNEDY of Minnesota asked and was given permission to revise 
and extend his remarks.)
  Mr. KENNEDY of Minnesota. Mr. Chairman, September 11 was a call to 
action to strengthen our security. Today, we have a chance to respond 
to a bipartisan request from our President and our Democratic Secretary 
of Transportation to pass legislation that focuses on security and 
nothing else. The American people deserve nothing less. The President 
and Secretary have asked us to follow a proven path that has long been 
successful in Europe and in Israel, and we should.
  The Young-Mica bill expands Federal air marshals, strengthens 
cockpits, allows pilots to protect themselves and, therefore, the 
plane, strengthens the screening of checked bags, federalizes 
supervision of bag screening, federalizes background checks and 
training of baggage screeners, and federalizes assuring the 
qualifications and performance of baggage screeners. But it does more, 
more than the alternative bill. It expedites rule-making. We have been 
waiting 5\1/2\ years for better, more comprehensive Federal rules on 
baggage screening. We cannot wait any longer. It also deals with all 
areas of aviation security, not just baggage screening, including those 
that are providing food service and cleaning services in the airplanes 
and comprehensive security in the airports.
  We need to support our President, we need to support our Secretary of 
Transportation and pass the comprehensive Young-Mica bill. We owe 
America nothing less.

                              {time}  1845

  Mr. OBERSTAR. Mr. Chairman, I am very pleased to yield 1 minute to 
the distinguished gentleman from California (Mr. Honda).
  Mr. HONDA. Mr. Chairman, I thank the gentleman for yielding me time.
  Mr. Chairman, some Republicans falsely claim that the Ganske-Oberstar 
bill lacks substantive aviation security technology provisions. They 
are wrong. The Ganske-Oberstar bill has an entire title dedicated to 
improving aviation security technology.
  This title calls on rapidly deploying and fully utilizing viable 
security technologies. The title calls upon the FAA to implement 
technology-driven changes to our aviation security system in the short 
term, including the plan to deploy security-enhancing technologies such 
as biometrics, database integration, smart cards, and other promising 
new applications that are available even right now.
  The Ganske-Oberstar bill looks to the long-term as well, calling for 
new and substantial investments into FAA's R&D program. The bill 
doubles the budget for the FAA's Technology Center and increases 
spending on accelerated research and deployment of technologies for 
detection of non-metallic weapons and cargo screening.
  Let us make sure that our aviation security policy is backed up by 
balanced, bipartisan thinking, not posturing and rhetoric. Support the 
Ganske-Oberstar bill.
  Mr. MICA. Mr. Chairman, I am pleased to yield 1\1/2\ minutes to the 
gentleman from Texas (Mr. Armey), the distinguished majority leader of 
the House.
  Mr. ARMEY. Mr. Chairman, I thank the gentleman for yielding me time.
  Mr. Chairman, again we are reminded about the horrible events of 
September 11. We watched as a Nation with horror and as air travelers, 
we watched with some fear and trepidation. We watched as the President 
of the United States acted swiftly to request that every airline in 
America abstain from flying for a few days until they could determine 
how serious the threat was and what could be done to correct it.
  It was not but a few days, and the President and his team made the 
corrections in airline security, put in the new personnel, put in the 
supervision, put in the regulations, put in the requirements, put in 
the Federal marshals; and I will have to say, and I do not think there 
is anyone that can doubt it, there is not a person who gets on an 
airplane in America today who does not do so under unprecedented 
conditions of safety. Every bit of that increased safety with which we 
fly today is a result of the actions of the President of the United 
States and his executive team.
  The President of the United States very soon thereafter made it very 
clear that he knew what he needed to make this Nation secure, and he 
called upon Congress to enact the law that would give him the power and 
the authority to administer the airways of this country in a safe 
fashion.
  This Congress stood here just a few days after that horrible tragedy, 
and we voted our confidence in this President to assign military 
operations, to assign people to the fields of danger across this globe, 
to deploy the FBI, to deploy the CIA, to deploy all the agencies of 
this government in the Nation's security. Yet on this one issue, on 
this one issue alone, we have those who would defy the President and 
say, no, Mr. President, we cannot leave airline security to your 
administration, even in the face of the existing security provided by 
his actions and his actions alone. No, Mr. President, you must do it 
our way.

[[Page H7680]]

  What we have here in the base bill is a bill that says we resolve, 
Mr. President, to make the Nation safe, and we resolve to give you the 
authority and the discretion to do this job right.
  What we have in the form of the substitute is a bill that says no, 
Mr. President, you must do it our way, and a bill that says that, Mr. 
President, despite the fact that there has not been to this date a 
single action by a single Member of Congress that has made one single 
passenger safer in America.
  I think our path of responsibility is very clear: reject the 
substitute; reject this intrusion of Federal Congressional mandate. Put 
your confidence in the plan of the President. Give the President the 
ability, the authority, and the endorsement to do what is necessary to 
keep our children safe in the air.
  Mr. OBERSTAR. Mr. Chairman, I yield myself 10 seconds.
  Mr. Chairman, that was a very compelling appeal by the distinguished 
majority leader, but I would just point out to my colleagues that the 
committee bill does not trust the President either, because it is 
filled with mandates, while at the same time they ask for flexibility.
  Mr. Chairman, I yield 1 minute to the distinguished gentleman from 
New York (Mr. Ackerman).
  Mr. ACKERMAN. Mr. Chairman, I stand to give you a bulletin from the 
City of New York, from my home community of Queens, New York. As we 
speak, Concourse A, Terminal 8 at JFK Airport has just been closed. It 
has been closed because the screeners at American Airlines when a 
magnetometer broke down decided to just wave the people through.
  They waved enough people through, until the FAA found out about it. 
The FAA, by the way, for those who have not noticed, is a Federal 
agency that hires Federal employees. The screeners are not. The FAA 
closed down the whole terminal. Presently, five planeloads of people 
thinking they were going to their destinations across America are being 
off-loaded off of all those planes because they are now considered 
unsanitized and have to go through the screening process that some of 
them should have gone through to begin with.
  This points out exactly the problem that we have: poorly trained, 
inconsistently trained, nonpublic, non-Federal employees, doing 
screening by any rules they deem necessary, without any supervision.
  Think of what you would do if you passed what you are looking to 
pass.
  Mr. MICA. Mr. Chairman, I am pleased to yield 1\1/4\ minutes to the 
gentleman from South Dakota (Mr. Thune), a member of the Subcommittee 
on Aviation.
  Mr. THUNE. Mr. Chairman, the whole objective of this discussion and 
debate is how do we make the skies as safe as is humanly possible. Now, 
under the logic that has been employed by the other side tonight, those 
who are favoring the Democrat substitute, there is only one way to do 
that, with Federal employees. And yet the Democrat substitute only 
applies that logic to 142 airports.
  Mr. Chairman, do you know, there are 461 commercial airports in this 
country? That means almost 70 percent of the airports in this country 
are not going to have Federal employees working there, which, under the 
logic that has been employed here this evening by the other side, means 
that those airports are going to have a substandard level of safety 
applied.
  I do not think that is what you mean to do here, but that is in fact 
what is implied by the Democrat substitute; 142 airports would have 
Federal employees, the remaining 319 would have local law enforcement.
  Now, the police chief in Pierre, South Dakota, is pretty busy. I do 
not know that he has time to go stand at the airport. But what you have 
essentially said this evening is it is Federal employees or not.
  This legislation, the Mica-Young bill, makes it possible for the 
administration to use their discretion to determine whether Federal 
employees are the best way to keep the skies safe, or whether there is 
another way to do it.
  Let us allow them to have that discretion, not mandate, and not say 
to those other 319 airports that you are going to be less safe than the 
142 big ones.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the dean of the 
House, the gentleman from Michigan (Mr. Dingell).
  (Mr. DINGELL asked and was given permission to revise and extend his 
remarks.)
  Mr. DINGELL. Mr. Chairman, I thank my dear friend from Minnesota for 
yielding me this time.
  Mr. Chairman, it is astonishing for me to see so many frequent fliers 
assembled in one place seeking to have the status quo continue. I would 
remind my Republican friends that more people were killed in the events 
of September 11 than at D-Day or Pearl Harbor. This is a serious 
matter. I would also note that Secretary Mineta has made this 
observation: he says that an unacceptable number of deficiencies 
continue to occur.
  Argenbright and others have had a number of problems before, during, 
and since the 11th. They have falsified records, they have been 
convicted, they have been find $1.5 million. They have subsequently 
found that they have continued the same violations and are now up for 
violation of probation. They have allowed everything from guns to box 
openers to knives to move through the checkpoints.
  How is it that we can say that we should continue the status quo, 
allowing the same kind of rent-a-cops to commit the same kind of 
outrages in terms of security? Let us get rid of them for good and put 
somebody in that is going to do the job right.
  Mr. MICA. Mr. Chairman, I am pleased to yield 1 minute to the 
distinguished gentleman from Nebraska (Mr. Osborne).
  Mr. OSBORNE. Mr. Chairman, as was stated by my colleague from South 
Dakota, the substitute amendment focuses primarily on larger airports, 
142 of them.
  I represent a rural district that has only small Class IV airports, 
none of the 142 larger ones. These smaller airports are not subject to 
a uniform set of security standards under the substitute amendment.
  This is precisely what our problem is today, we have no uniform 
standards. The Young-Mica bill sets uniform standards for all airports, 
not just a select number.
  On September 11, the most prominent of the 19 hijackers boarded a 
plane at a smaller airport, flew to Boston, hijacked a plane and 
crashed it into the World Trade Center. Hijackers will enter the 
airport system at the weakest points, quite likely a small, relatively 
unsecured airport. Under the substitute, once past the security check 
point, a passenger can move freely throughout the system. The Young-
Mica bill closes this loophole. Every airport manager in my district 
supports the House bill for the above reasons.
  Mr. OBERSTAR. Mr. Chairman, I yield such time as she may consume to 
the gentlewoman from New York (Mrs. Maloney).
  (Mrs. MALONEY of New York asked and was given permission to revise 
and extend her remarks.)
  Mr. Chairman, we have the best military in the world, the best law 
enforcement agencies and the best firefighters.
  All of these are government-run organizations that successfully 
protect the public.
  And the public deserves the government's full protection and 
commitment at our nation's airports.
  Our airport security system is tragically and fatally flawed.
  We don't need to patch it up.
  We don't need to continue the status quo.
  Some have attacked federalization of airport security because it 
could potentially create a union.
  Those who make this argument forget that roughly 400 union members 
died at the World Trade Center
  These union members and their union-member colleagues who survived 
helped save up to 20,000 lives.
  Even the administration wants the other side to stop attacking public 
employees in this debate.
  Working men and women aren't the problem. And tweaking the existing 
system isn't the solution. Like the military--protection of air travel 
should be done by federal employees.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the distinguished 
gentleman from Rhode Island (Mr. Langevin).
  (Mr. LANGEVIN asked and was given permission to revise and extend his 
remarks.)
  Mr. LANGEVIN. Mr. Chairman, I thank the gentleman for yielding me 
time.

[[Page H7681]]

  Mr. Chairman, today I wish to thank my colleagues for addressing the 
important issue of airline security, and I urge passage of legislation 
that will provide the strongest safeguards to those who fly our 
Nation's airways.
  Because tourism is Rhode Island's second largest industry, my 
constituents have been particularly affected by the slow-down in air 
travel since September 11. I have heard the concerns of airline 
employees and passengers, hotel workers, rental car companies, travel 
agents and restaurant owners; and we can all agree that Congress must 
restore confidence in air travel in order to boost our Nation's 
flagging economy.
  Three weeks ago the Senate, both Republicans and Democrats joining in 
a bipartisan spirit, unanimously passed an airline security bill, the 
bill offered today as a substitute to H.R. 3150. The House and Senate 
bills have many points in common and both recognize the need to improve 
the structural security of our planes, place Federal air marshals on 
flights, and provide airports with the best technology.
  Mr. Chairman, I urge passage of the substitute offered today by the 
gentleman from Minnesota (Mr. Oberstar).
  Mr. MICA. Mr. Chairman, I am pleased to yield 1 minute to the 
distinguished gentleman from Indiana (Mr. Pence).
  (Mr. PENCE asked and was given permission to revise and extend his 
remarks.)
  Mr. PENCE. Mr. Chairman, I thank the gentleman for yielding me time, 
and I rise in opposition to the Democrat substitute to the Young-Mica 
bill.
  Mr. Chairman, I respect and appreciate the motivations of my 
colleagues and friends on the other side of the aisle; but the truth 
is, Mr. Chairman, that their bill looks good on the outside, but on the 
inside is full of a history of failure and cost lives.

                              {time}  1900

  Now, much has been made that this substitute passed the Senate by a 
100 to zero vote, and that is true. Despite widespread and vocal 
reservations about the ineffectiveness of addressing airport security 
with a vast new Federal bureaucracy, the Senate voted and, to borrow a 
phrase, headed for the hills. So the task, Mr. Chairman, has fallen to 
us to craft a bill that achieves airport security.
  President Bush's vision creates standards, the oversight, and the 
flexibility that builds on history to make our airports safe. Say 
``no'' to a hollow political victory tonight; say ``yes'' to real 
airport security for our families and our constituents.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the distinguished 
gentlewoman from Connecticut (Ms. DeLauro).
  Ms. DeLAURO. Mr. Chairman, 7 weeks since the tragedy of September 11, 
3 weeks since the Senate passed an airline security bill by a vote of 
100 to zero. The delay in bringing this bill to the floor until now has 
put tens of thousands of American travelers at risk. That is wrong.
  Security lapses at airports across the country continue. Screeners 
that were at the gates before September 11 are there now, with no 
additional training and the same poor industry standards. It is wrong.
  Our current airline security system is an outrage. It is a profit-
driven industry carried out by the lowest bidder. It has contributed to 
a workforce that suffers from high turnover, low pay, and low morale, 
and that is wrong. Baggage screeners should be a highly skilled, highly 
trained workforce that serves the frontline for our Nation's defense. 
Aviation security should be a function of Federal, professionally 
trained law enforcement officials. Border Patrol, FBI, INS and Customs 
Service are all Federal agencies that protect the public. The traveling 
public deserves the same protection. That is the right thing to do.
  Let us not let the innocent people on those American and United 
flights, along with the thousands of others that perished on the 
ground, die in vain. Let us do the right thing. Pass an airline 
security bill that tells the American people that we consider airport 
security a critical component of our national security. Vote for the 
Democratic substitute.
  Mr. DeFAZIO. Mr. Chairman, I rise to make a unanimous consent 
request.
  The CHAIRMAN. The Chair recognizes the gentleman from Oregon (Mr. 
DeFazio).
  Mr. DeFAZIO. Mr. Chairman, there are an extraordinary number of 
Members on our side who would like to speak. Debate, I believe, was 
unduly limited. So I would ask unanimous consent that the debate be 
continued on each side for an additional 10 minutes.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Oregon?
  Mr. SIMPSON. I object.
  The CHAIRMAN. Objection is heard.


               Preferential Motion Offered by Mr. DeFazio

  Mr. DeFAZIO. Mr. Chairman, I move that the Committee do now rise.
  The CHAIRMAN. The question is on the motion offered by the gentleman 
from Oregon (Mr. DeFazio).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.


                             Recorded Vote

  Mr. DeFAZIO. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 11, 
noes 402, not voting 19, as follows:

                             [Roll No. 422]

                                AYES--11

     Capuano
     Clyburn
     DeFazio
     Hastings (FL)
     Hilliard
     Honda
     Hooley
     Langevin
     Maloney (NY)
     Pastor
     Rangel

                               NOES--402

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baird
     Baker
     Baldacci
     Baldwin
     Ballenger
     Barcia
     Barr
     Barrett
     Bartlett
     Barton
     Bass
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (OH)
     Brown (SC)
     Bryant
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capps
     Cardin
     Carson (IN)
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Clayton
     Clement
     Coble
     Collins
     Combest
     Condit
     Conyers
     Cooksey
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeGette
     Delahunt
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Ferguson
     Filner
     Flake
     Fletcher
     Forbes
     Ford
     Fossella
     Frank
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Graham
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Harman
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hinchey
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Holt
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (OH)
     Kanjorski
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kerns
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Lampson
     Lantos
     Largent
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Lynch
     Manzullo
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Millender-McDonald
     Miller, Dan
     Miller, Gary
     Miller, George
     Miller, Jeff
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Osborne
     Ose

[[Page H7682]]


     Otter
     Owens
     Pallone
     Pascrell
     Paul
     Payne
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Rahall
     Ramstad
     Regula
     Rehberg
     Reyes
     Reynolds
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roukema
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Schaffer
     Schakowsky
     Schiff
     Schrock
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Stenholm
     Strickland
     Stump
     Stupak
     Sununu
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tiberi
     Tierney
     Toomey
     Towns
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Waters
     Watkins (OK)
     Watson (CA)
     Watt (NC)
     Watts (OK)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--19

     Burr
     Capito
     Clay
     Coyne
     Dunn
     Foley
     Gillmor
     Gutierrez
     Istook
     Jones (NC)
     Kaptur
     Maloney (CT)
     McCrery
     Mink
     Ortiz
     Oxley
     Radanovich
     Shaw
     Thompson (MS)

                              {time}  1922

  Ms. WOOLSEY and Messrs. STEARNS, COOKSEY, ISRAEL, PITTS, KILDEE, and 
STUMP changed their vote from ``aye'' to ``no.''
  So the motion to rise was rejected.
  The result of the vote was announced as above recorded.
  Mr. MICA. Mr. Chairman, I am pleased to yield 30 seconds to the 
gentleman from Alaska (Mr. Young), our distinguished chairman of the 
Committee on Transportation and Infrastructure.
  Mr. YOUNG of Alaska. Mr. Chairman, this is especially for a point of 
clarification.
  The gentleman from Minnesota (Mr. Oberstar) was asked a question 
about section 108, and the implication was that only passengers and 
bags would be screened.
  Section 108 in the gentleman's substitute requires screening of all 
cargo and also the mail. Also in section 131 on page 75, that section 
requires private plane owners to screen their passengers and bags if 
the plane is more than 12,500 pounds.
  So I just want to make it perfectly clear for the record that the 
answer the gentleman from Minnesota gave to the gentleman who asked it 
was incorrect.
  Mr. MICA. Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I yield such time as he may consume to 
the gentleman from New York (Mr. Engel).
  (Mr. ENGEL asked and was given permission to revise and extend his 
remarks.)
  Mr. ENGEL. Mr. Chairman, I rise in support of the substitute for 
federalizing workers.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the gentleman from 
Washington (Mr. Inslee).
  (Mr. INSLEE asked and was given permission to revise and extend his 
remarks.)
  Mr. INSLEE. Mr. Chairman, on December 7, 1941, our country 
experimented with parking our airplanes wingtip to wingtip. The 
experiment failed.
  On September 11, 2001, our Nation experimented with the concept of 
private contractors under government supervision providing security. 
That experiment failed. We must now end the experiment of private 
security under government supervision. That experiment failed.
  We tonight have been acting as if this was a theoretical discussion. 
We have had our experiment. The reason the experiment failed is every 
single time the FAA has tried to clamp down on this poor Swiss cheese 
process, the lobbyists have come up here and stopped us from requiring 
certified employees.
  I am pleased that we have finally prevailed, the gentleman from 
Connecticut (Mr. Shays), the gentleman from Pennsylvania (Mr. 
Strickland), and myself, to make sure all checked baggage is screened 
for explosives.
  But we need more than good machines. We need good people. Let us put 
them in there and pass Ganske-Oberstar.
  Mr. OBERSTAR. Mr. Chairman, I am very pleased to yield 2 minutes to 
the distinguished gentleman from Iowa (Mr. Ganske), cosponsor of the 
pending legislation.
  Mr. GANSKE. Mr. Chairman, AP News, New York: ``Security lapse leads 
to JFK terminal evacuation. Security agents from the FAA ordered the 
shutdown and evacuation of part of American Airlines terminal at JFK 
International Airport this afternoon because they saw checkpoint 
screeners failing to follow security rules. Jim Peters, the FAA 
spokesman, said Concourse A and Terminal 8 was evacuated. He said he 
did not know when it was going to open.''
  Mr. Chairman, these are the contracted security screeners that we 
will be voting for if we vote for the Young bill. They will be hired by 
those private contractors.
  Let me read this from a woman I respect very much, a strong 
conservative. She says, ``There are some who argue our security can be 
assured by tightening standards and providing some more Federal 
oversight.'' That is the Young bill. This strong woman conservative 
goes on to say, ``We have tried that approach to aviation security many 
times and it failed horrifically. Why should we set the qualifications, 
do the training, do the testing, and then ask someone else to do the 
hiring?'' That is the Young bill.
  The Federal Government must assume the job of providing security or 
we have admitted that we are satisfied with the status quo, and 
thousands of souls will have died for nothing.
  Mr. Chairman, this is not a liberal, this is a woman Senator who is a 
close friend of President Bush.
  But do Members know what, this is not about friendship, this is about 
a duty to the citizens of our country. Vote for the substitute.

                              {time}  1930

  Mr. OBERSTAR. Mr. Chairman, how much time remains on both sides?
  The CHAIRMAN. The gentleman from Minnesota (Mr. Oberstar) has 5 
minutes remaining, and the gentleman from Florida (Mr. Mica) has 4\1/4\ 
minutes remaining.
  Mr. OBERSTAR. Mr. Chairman, may I inquire of the gentleman from 
Florida (Mr. Mica) how many speakers are on his side.
  Mr. MICA. Mr. Chairman, at this time it appears I have two additional 
speakers.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, the gentleman has the right to close. 
Would the gentleman like to recognize one of his speakers?
  Mr. MICA. Mr. Chairman, I yield 1 minute to the distinguished 
gentlewoman from Connecticut (Mrs. Johnson).
  Mrs. JOHNSON of Connecticut. Mr. Chairman, the proponents of this 
amendment say that they are going to hire Federal employees to take 
over the security of our airports. Listen to who they are going to 
hire. People who are not protected by our civil rights laws. They are 
not going to even give these employees the protection of fair labor 
standards. Why should they not have the protection of minimum wage and 
time and a half for overtime laws? Why is it you do not trust that you 
could hire Federal employees under all of our fair employment 
practices, acts, all of our nondiscrimination acts, all of the law that 
provides family and medical leave? Why do you not think you can hire 
people who can do screening under those circumstances?
  In the private sectors Brinks, Wells-Fargo, Pinkerton, Wackenhut who 
provide security at weapons factories, they can hire security personnel 
that also have the right to the protection of our civil rights laws, to 
the protection of fair labor standards laws, to the protection of the 
family medical leave law. We know it can be done.
  You are giving us a sham bill that says you are going to do this 
under Federal law. You have to give the Attorney General the right to 
hire out

[[Page H7683]]

from under all of the Federal employment laws that protect working 
people. It is an outrage.
  Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of the time.
  The CHAIRMAN. The gentleman from Minnesota is recognized for 5 
minutes.
  Mr. OBERSTAR. Mr. Chairman, we have come to the close of a very 
agonizing debate, a very fair, very open exchange. But you cannot have 
it both ways. The last speaker said, you do not have these protections. 
You do not have all these safeguards for Federal workers. But it was 
the majority that has said time and again you cannot have Federal 
workers because it is too hard to fire them. It is too hard to move 
them around. So we give you the flexibility to write the rules the way 
you want to do it; and then you come and say, oh, you do not have all 
the protections. You cannot have it both ways.
  We have heard some spurious numbers here. The CBO number estimate is 
16,200 screeners. Then there are supervisors and managers and ground 
coordinators and senior-level security and perimeter security and 
aircraft security personnel. That is all up to the Department, the 
Department of Justice or up to the Department of Transportation. You 
decide. That is the flexibility.
  Then I heard them complain, oh, you do not trust the President of the 
United States to do the right thing. What do you mean? On the other 
hand they say, you do not have any mandates to make all of these things 
happen because we do not trust the rulemaking.
  Now let us cut that stuff out. What we have got before us is the 
essential issue, the Achilles heel of aviation security.
  I served on the Pan Am 103 commission in the aftermath of that 
tragedy at Lockerbie, Scotland. I stood there with our colleague, John 
Paul Hammerschmidt, on the edge of that abyss, 14 feet deep, 40 feet 
wide, 140 feet long where 270 people perished, were vaporized in the 
crash of that 747. There were 270 people aboard those four aircraft on 
September 11. History has a way of repeating itself in great tragedy.
  In a speech in the Canadian House of Commons, the Honorable Jean 
Chretien, Prime Minister of Canada, said on the day after the attack, 
``There are those rare occasions when time seems to stand still, when a 
singular event transfixes the world, occasions when the dark side of 
human nature escapes civilized restraint and shows its ugly face to a 
stunned world. Tuesday, September 11, will forever be etched in memory 
as a day when time stood still.''
  He said it eloquently, powerfully. I have waited, I have worked for 
11 years to get strong security legislation enacted. We did it in 1990, 
and then we worked to get the regulation implemented. And then we 
worked again. We passed new legislation and now we have something on 
this floor that closes the gap, that shuts down the Achilles heel, a 
good provision that says we will take strong action. We will put 
screeners at airport security checkpoints with the badge of Federal 
Government on their shirt, sworn to uphold the Constitution of the 
United States and its laws, trained to the highest standards, paid a 
decent wage. People who will do the right thing.
  I want you to pass this bipartisan amendment, and I express my great 
admiration to the gentleman from Iowa (Mr. Ganske), who has stood and 
withstood enormous pressure not to take a principled, honest stand of 
integrity in what he believes. Because, my friend, never again do I 
want to look into the eyes of the families of the victims of Pan Am 
103; nor do I want any of you to look into the eyes of the families of 
the victims of September 11 and say, we did it on the cheap. We did not 
do enough. We did not go far enough. We will try again.
  This is the hour of decision. Make your decision tonight. Let this 
not be a day when time stood still, but a day when time marched ahead 
in the interest of security for all Americans.
  Mr. MICA. Mr. Chairman, how much time remains on our side?
  The CHAIRMAN. The gentleman from Florida has 3\1/4\ minutes 
remaining.
  Mr. MICA. Mr. Chairman, I yield 1 minute to the gentleman from New 
York (Mr. Fossella).
  (Mr. FOSSELLA asked and was given permission to revise and extend his 
remarks.)
  Mr. FOSSELLA. Mr. Chairman, I thank the gentleman for yielding the 
time.
  If there is anybody in this House that wants to ensure that there is 
an adequate security standard across our airports it is me. On 
September 11, that we all reference, more than 300 people from my 
district died, my friends, family and neighbors. I do not want to see 
that happen again; and in fact, I do not think anybody in this House 
wants to see that happen again.
  Security we can all agree upon, but there is a greater issue right 
now as I see it; and that is are we going to work together for the good 
of the American people? Right now, I have heard many times tonight how 
this is an issue of national security. The President supports the House 
bill. He does not support the substitute. If this is an issue of 
national security, do we not want our Commander in Chief participating 
in this process?
  I say move this bill forward, defeat the substitute. If we trust the 
President of the United States, our Commander in Chief, in a time of 
war to deploy our men and women in harm's way overseas, then certainly 
we can trust him to do the right thing for the people of this country 
on our homeland.
  Mr. MICA. Mr. Chairman, I yield myself the balance of our time.
  Mr. Chairman, I have done everything possible I could do as a 
representative of the people entrusted with an important matter to work 
with my chairman, the gentleman from Alaska (Mr. Young), who has done a 
great job; with the gentleman from Minnesota (Mr. Oberstar), ranking 
member; the gentleman from Illinois (Mr. Lipinski), not on a partisan 
basis, not on the basis of division, but on the basis of issues, on 
only one driving motivation, and that was to come up with the very best 
bill possible.
  I worked with the gentleman from Minnesota (Mr. Oberstar), and my 
colleague actually introduced a bill, and I think he may offer that as 
a substitute, not this substitute but at the end of this debate. I did 
everything humanly possible to try to bring the House together on the 
best possible security plan, a comprehensive plan.
  If I thought for one minute that this substitute would do a better 
job, I would step forward and support it, because this is too important 
for partisan politics. It is too important to not have in place the 
very best protections.
  Unfortunately, what the substitute does is it creates a two-tier 
system. The Attorney General has said it will actually detract from 
their effort on the war on terrorism and opposes this responsibility 
being given in a bifurcated fashion to the Department of Justice.
  Most importantly, what it does not do is give the ability to put in 
place immediate rules, and that is part of the problem. The gentleman 
from Minnesota (Mr. Oberstar) knows that. The gentleman from Illinois 
(Mr. Lipinski) knows that. So we end up worse off than we were on 
September 10. That is wrong.
  I plead with my colleagues; I ask them to put partisanship aside, to 
put these other peripheral issues aside, to do what is best for 
America, to do what is best for aviation security. I submit that the 
plan that we worked so hard on together does that.
  I urge Members' support. I plead with my colleagues for their 
support, not for me, not for my party, not for my President but for the 
American people who deserve nothing less.
  Mr. WOLF. Mr. Chairman, I rise in support of the Senate-passed 
legislation to federalize the nation's airport security that we will 
have the opportunity to vote on as a substitute to H.R. 3150.
  There are 31 families today in our area in northern Virginia 
devastated by grief from the September 11 attack on the Pentagon.
  In the wake of the terrorist attacks on American soil when terrorists 
turned commercial airliners into missiles of destruction to perpetrate 
their heinous acts, the people of America are looking to this Congress 
to make our airports safe and to secure the airplanes that fly across 
America's skies.
  In the aftermath of September 11, we are now waging war against 
terrorism and America's airports are on the front line. We need to

[[Page H7684]]

change the way security is handled at our nation's airports. We cannot 
continue to contract out to the lowest bidder the safety and security 
of America's airports and airways.
  We must restore confidence in air travel and elevate aviation 
security to its proper role as a law enforcement function. We must 
place the security of our airways in the hands of a federal aviation 
security force under the jurisdiction of the nation's top law 
enforcement agency--the Department of Justice. The American public 
deserves nothing less.
  Mr. Chairman, good intentions surround both the House and Senate 
versions of airline safety legislation. The ultimate goal of this 
legislation from both sides of the aisle and both sides of the Capitol 
is to elevate safety to the highest level as quickly as possible. But 
the current way of doing business through privatized security, I 
believe, has failed to meet safety expectations. We need to make a 
change.
  The Federal Aviation Administration does a good job at air traffic 
control. That's its function and where its focus should be. But if you 
ask the Department of Transportation inspector general's office about 
the FAA's current role in aviation security oversight, you'll get a 
report card that's woefully inadequate.
  If you also ask the DOT inspector general's office about the 
shortcomings of the current system of private airport security 
screening operators across the nation, you'll hear horror stories about 
inadequate background checks, the hiring of illegal aliens, screeners 
with criminal records, screeners who can't pass basic skills tests 
required for employment, screeners who can't speak English, screeners 
who fail to spot dangerous objects. You'll also hear that 87 percent of 
the baggage screeners at Washington Dulles International Airport aren't 
U.S. citizens.
  You'll also hear the name Argenbright Security. The foreign-based 
corporation is the largest airport security screener in our nation and 
is responsible for security at the majority of America's busiest 
airports. The second and third largest screening contractors also are 
foreign-owned.
  Argenbright was recently ordered to pay over $1 million in fines and 
placed on three years probation because it either failed to conduct 
background checks on convicted felons or forged the actual background 
checks on checkpoint screeners at Philadelphia International Airport. 
Just last week a federal judge extended the company's three-year 
probationary period to five years for violating terms of its probation, 
including continuing to hire convicted felons, despite certifying that 
it had conducted new background checks, and violating FAA regulations.
  It is interesting to note that Argenbright left the Philadelphia 
airport last week, a year before its contract was to have expired. In 
another development, Sky Harbor International Airport in Phoenix 
evicted Argenbright on October 13 citing criticism of its hiring 
standards since the September 11 terrorist attacks and the scandal 
involving Argenbright's activities in Philadelphia.
  Argenbright also staffs both Washington Dulles International Airport 
and Logan International Airport in Boston--two of the airports where 
hijacked planes took off on September 11. Dulles continues to grow and 
is presently the fifth busiest airport in America with 1,400 daily 
takeoffs and landings.
  According to the FBI, Argenbright also had the roommate of convicted 
CIA killer Amal Kansi on its payroll. Kansi was responsible for the 
bloody CIA shootings in 1993 on Route 123 in northern Virginia outside 
CIA headquarters, where two people were killed and three were wounded.
  His roommate, Zahid Mir, worked for Argenbright from August 1992 to 
February 1993 in a variety of security positions until he was arrested 
on immigration charges which ultimately resulted in six months 
confinement. As an Argenbright Security employee at Dulles Airport, Mir 
had access to luggage and restricted access areas. It would seem that 
even a cursory check on Mir would have flagged authorities about his 
questionable background. I enclose for the Record a copy of a letter 
from the FBI verifying Mir's relationship to Kansi and his work for 
Argenbright.
  I also find it surprising that when a recent head of FAA security 
left his job, he soon wound up on the Board of Directors of Argenbright 
Security. What kind of relationship is there between those who are 
regulating security and those who are performing security?
  That question may have been answered in a revealing memo sent this 
past May from the chief of the FAA's Civil Aviation Security Division--
who is leaving his post after being there for less than a year--to FAA 
managers about the agency's compliance and enforcement philosophy. He 
said, in part, ``...the safety and security of the flying public will 
depend upon the FAA and industry maintaining a candid, respectful and 
mutually responsive business relationship. To be effective in this 
relationship, we need to be flexible.''
  He continued, ``While I expect regulated parties to comply with 
regulatory requirements, there will be times when we find areas of 
noncompliance. When we do, I want to fully consider the actions the 
party has taken to fix the problem. I want to work with the industry to 
develop action plans to permanently correct problems that have resulted 
in violations. To encourage industry to join us in this effort I do not 
expect us to impose a civil penalty against a regulated party for 
certain unaggravated violations, if we believe the party has 
successfully implemented a permanent fix that will resolve the security 
problem and preclude recurrence of future violations....'' I enclose 
for the Record the entire text of that memo.
  If we learned anything from the devastating attacks of September 11 
it is that there is absolutely no room for flexibility, no room for 
compromise, no room for second chances when it comes to the safety of 
the flying public.
  The track record of private airline screening companies shows they 
have not performed the job that is demanded. According to a 1998 GAO 
report, security checkers at Dulles Airport experienced a turnover rate 
of 90 percent, which was lower than the national average of 126 
percent. Boston's Logan Airport had a turnover rate of 207 percent and 
Atlanta's Hartsfield Airport topped the chart at 375 percent. At these 
rates, screeners were turning over every couple of months.
  As long as security is contracted out, it will always go to the 
lowest bidder with the cheapest labor pool filing what we can describe 
today as among the most important security jobs in our country. We must 
put federal professionals on the front line of air security to ensure a 
workforce which can enforce total compliance with aviation security 
laws.
  I've heard the arguments that federalizing airport security will 
create another unnecessary federal agency and that what is needed is 
just federal supervision of private contractors. In response, I ask our 
colleagues to consider that in the aftermath of September 11, there is 
a critical need today more than ever for intelligence sharing among 
federal agencies. The FBI, the DEA, and the INS already operate under 
the Department of Justice.
  I believe most people would want airport security under the Justice 
Department where these agencies could share their information in the 
present climate of heightened security alerts.
  I don't believe most people would want federal law enforcement and 
intelligence agencies to reveal sensitive security information about 
the national airspace to private contractors.
  The best security and law enforcement in the world can be found in 
our armed forces, the Secret Service, and the FBI--all under the 
jurisdiction of United States government.
  We owe it to the American people to pass the kind of legislation 
unanimously approved by the U.S. Senate by a vote of 100-0 which 
assigns the job of enforcing the security laws for our nation's airways 
to a federal aviation security agency accountable to the public and 
under the jurisdiction of the Department of Justice.
  The events of September 11 have changed us all. The dozens of 
families in the Washington region who lost loved ones and the thousands 
in New York, Boston, and Newark and all over the world who also grieve 
for their mothers and fathers, brothers and sisters, friends and 
neighbors remind us that we should do everything possible to try to 
prevent a similar tragedy.

                                            Department of Justice,


                              Federal Bureau of Investigation,

                                  Washington DC, October 17, 2001.
     Hon. Frank R. Wolf,
     Chairman, Subcommittee on Commerce, Justice, State and 
         Judiciary, Committee on Appropriations, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: Thank you for seeing us last week. I 
     hope the meeting was helpful to you.
       With regard to Zahid Mir, as we confirmed to you, he did 
     work at Dulles International Airport, both for News Emporium 
     and for Argenbright Security. He was employed by Argenbright 
     from August 1992 to February 1993 in a variety of security 
     positions. As such, he would have had access to luggage and 
     restricted access areas. His employment at Dulles ended when 
     he was arrested in February 1993 on immigration charges which 
     ultimately resulted in six months confinement.
       It is our understanding that Mr. Mir was the roommate of 
     Mir Amal Kansi, the individual convicted in the shooting 
     deaths of several CIA employees.
           Sincerely yours,

                                          John E. Collingwood,

                                               Assistant Director,
                       Office of Public and Congressional Affairs.

[[Page H7685]]

     
                                  ____
         Department of Transportation, Federal Aviation 
           Administration.


                               memorandum

     Date: May 29, 2001.
     Subject: ACTION: Compliance of enforcement philosophy.

     From: Associate Administrator for Civil Aviation Security, 
         ACS-1.
     To: Managers, Civil Aviation Security Divisions 700's, 
         Federal Security Managers.
       As we work with the aviation industry, it is important to 
     remember that our primary goal as a regulatory agency is to 
     gain compliance. While I know there are circumstances that 
     present difficult choices, it would be helpful to explain our 
     approach to compliance and enforcement issues.
       As I outlined in the ACS strategic plan, the safety and 
     security of the flying public will depend upon the FAA and 
     industry maintaining a candid, respectful, and mutually 
     responsive business relationship. To be effective in this 
     relationship, we need to be flexible. While I expect 
     regulated parties to comply with regulatory requirements, 
     there will be times when we find areas of noncompliance. When 
     we do, I want to fully consider the actions the party has 
     taken to fix the problem. I want to work with industry to 
     develop action plans to permanently correct problems that 
     have resulted in violations. To encourage industry to join us 
     in this effort I do not expect us to impose a civil penalty 
     against a regulated party for certain unaggravated 
     violations, if we believe the party has successfully 
     implemented a permanent fix that will resolve the security 
     problem and preclude recurrence of future violations. To 
     answer questions you may have about this new philosophy and 
     how it will work, detailed guidance will be provided to you 
     shortly.
       I want to continue to give our partners a realistic 
     opportunity to comply withthe regulations and to work with 
     us.

  Mrs. MORELLA. Mr. Chairman, I rise today in support of the substitute 
that would federalize our airport security personnel.
  I want to thank Mr. Ganske for all his diligent work addressing this 
vital issue for all Americans. Several weeks ago the Senate passed this 
language by unanimous vote of 100 to 0. This substitute embodies many 
of the important provisions that would allow the government to take a 
more active role in providing security for our nation's transportation 
systems.
  It would make all baggage and passenger screeners at 140 of the 
largest airports, federal employees under the authority of the 
Department of Justice. The Department of Justice would be responsible 
for hiring, training, and disciplining the screeners. Additionally, the 
Attorney General would undertake thorough background checks for all 
potential screeners.
  Additionally, the Department of Justice would establish vigorous 
standards of training standards for all screeners. 40 hours of 
classroom training and 60 hours of on-the-job training would be 
required before security employees could begin working in airports. 
Flexible security measures for small and medium size airports are 
provided by allowing screeners at those locations to be federal 
employees or state or local law enforcement officers.
  The substitute addresses the need for more oversight of 
transportation security. The Attorney General and Secretary of 
Transportation would be required to report to Congress on the status of 
airport security measures and provide recommendations for additional 
measures that would further enhance air security. This legislation 
would require the Federal Aviation Administration to report to Congress 
on the status of background checks for current employees and the 
training on anti-hijacking measures for all flight and cabin crews. 
Also, a National Security Coordination Council would be created to help 
coordinate security and intelligence measures between agencies 
regarding aviation safety.
  Under the substitute, some enhancement of security measures would be 
visible to all travelers and bring reassurance that American skies are 
safe again. Armed federal law enforcement personnel would be placed at 
all screening locations and all baggage, checked or carry-on, would be 
screened. Secured areas would receive greater security measures to 
limit access to only authorized personnel through advanced technologies 
and additional deployment of security personnel at entry points. Also, 
the substitute would require strengthening of cockpit doors and limit 
in-flight access to the cockpit.
  Some security measures would be unseen, such as the increased number 
of Department of Transportation Federal Air Marshals. This substitute 
provides for an expanded Federal Air Marshal program to increase their 
presence on more domestic flights and on all international flights.
  In addition, this substitute addresses concerns about flight 
training, by requiring flight school students to undergo background 
checks through the Department of Justice before they can receive 
training.
  Finally, Mr. Chairman, I want to stress the importance of federal 
employees. Their importance to this nation, as time and time again, 
they come to the forefront in meeting the needs of America. 20 million 
men and women work in government service in every city, county and 
state across America, and in hundreds of cities abroad. My district has 
over 42,000 public servants working there.
  Public servants teach and work in our schools, deliver Social 
Security and Medicare benefits, fight disease and promote better 
health, protect our environment and national parks, improve 
transportation and the quality of our water and food. They fight crime 
and fire, and help us recover from natural disasters.
  They build and maintain our roads, highways and bridges, and help 
keep our economy stable. They are at work to ensure equal treatment 
under the law, to defend our freedom, and advance our national 
interests around the world. Most importantly, they help make America a 
better place to live, to work, and to raise our families. If federal 
employees provide these many services to the nation then they certainly 
are capable of providing security for aviation.
  The stellar performance of public servants and increased security 
measures would allow the government to maintain airport security and 
help restore America's confidence in the aviation industry, especially 
with the holiday season rapidly approaching.
  I urge all members to vote in favor of this substitute.
  Mrs. DAVIS of California. Mr. Chairman, I rise today in strong 
support of this effort to strengthen the airport security.
  Our current airport security system is woefully inadequate.
  As we witnessed on September 11th and in the weeks since, our airport 
screeners are not catching critical threat objects such as knifes or 
guns. A man boarded a Southwest Airlines plane on October 23rd with a 
gun in his briefcase. Screeners at the Louis Armstrong New Orleans 
International Airport did not catch the gun when the briefcase was put 
through a security checkpoint X-ray machine. A man at Dulles 
International Airport was arrested by an FAA inspector after the 
inspector saw the man pass through security with a knife in his shoe. 
The knife did not set-off the metal detectors.
  In almost every instance, these breaches of security occur because 
local screeners are under-trained and underpaid. In order to meet their 
bottom line in a tight market, airlines have entered into low-bid 
contracts with security screening companies. As is usually the case, 
you get what you pay for. Most screening companies pay their workforce 
the minimum wage. As a result, the average turnover rate for screeners 
is 126 percent a year nationwide. Ninety percent of all screeners at 
any given checkpoint have less than six-months experience. This is 
simply unacceptable.
  Passenger and baggage screeners are the front lines of defense 
against terrorism in the sky. The safety of our family and friends are 
in their hands. This is why I support federalizing our national airport 
security system.
  By federalizing the system, we will ensure that airport security 
screeners are: paid a salary that more accurately reflects the skill 
level of their job; have opportunities for career advancement within 
the federal government; and pass a federal background check before they 
are hired or trained.
  Higher pay and an opportunity for career advancement will attract and 
retain a higher caliber of individuals into this important profession.
  As we begin to develop this new model for airport security, we must 
include local airport authorities in the process.
  Earlier this week, I met with several representatives of the San 
Diego Port Authority, which operates the Lindbergh Field Airport in San 
Diego. They gave me a tour of our local airport security system. We 
also discussed the practical implications of federalizing screening 
personnel. It was very clear that these experts know the strengths and 
weaknesses of their airport better than anyone else.
  Rather than reinventing the wheel, the federal government should use 
this local expertise. As partners, the new federal Transportation 
Safety Administration and local airport authorities can develop strong, 
standardized safety procedures that meet the specific logistical needs 
of every airport. In doing so, the bottom line in airline security 
shifts from dollars and cents to safety and security.
  In just a few short weeks, Americans will travel to be with their 
families for the holidays. They are counting on us to make the skies 
safe. We must not let them down. We must act now to remedy the 
dangerous inconsistencies in our national airport security system. I 
urge this Congress to pass a strong airport security bill into law.
  Mr. TOWNS. Mr. Chairman, I am proud to stand with my colleagues from 
both sides of the aisle as well as the American Pilots Association and 
the Flight Attendants Association in support of airline security 
legislation that will provide all Americans with renewed confidence in 
the safety of our airplanes. This is

[[Page H7686]]

not about politics. This is about safety and reassuring the public that 
every step that can be taken towards providing safe passage in our 
skies will be made. I thank the pilots and the flight attendants for 
their leadership on the front lines in this battle to provide Americans 
with safe passage. However, it should not be left to pilots and flight 
attendants to have to protect their passengers from terrorists. We must 
do more to stop the threat of terrorism from even reaching our planes, 
freeing pilots and flight attendants to do their respective jobs.
  I believe that the only way to truly assure the traveling public as 
well as the flight crews that everything is being done to eliminate the 
threat of terrorism is to take the responsibility for airline security 
out of the hands of third parties. Airline security is national 
security and our national security must never be contracted out. 
Several airlines have already taken extraordinary steps on their own 
and with the encouragement of Secretary Norm Mineta and the Department 
of Transportation to strengthen cockpit doors and install video 
monitoring systems. Nevertheless, we must do everything possible to 
reassure the American people that it is safe to go about the business 
of flying. On September 11, 2001 the world changed, today, I urge my 
colleagues to help us take back an important piece of our economy and 
the American way of life, support bipartisan Airline Security bill.
  Mr. BENTSEN. Mr. Chairman, I rise in strong opposition to H.R. 3150 
which refuses to provide the public with what they need: full law 
enforcement protection at airports. Alternatively, I strongly support 
the Oberstar substitute amendment which uses federal law enforcement 
officers to ensure sufficient security at the nation's airports.
  The overwhelming majority of my constituents demand that airport 
security be the responsibility of the federal government. After the 
unforgettable morning of September 11th, I believe Americans will be 
safer, feel safer, and return to the skies faster when they know that 
the baggage and passenger screeners are law enforcement officers in the 
employ of the American people. September 11th exposed the flaws in the 
current security structure of our airports. The time has come to get 
the airlines out of the security business and let them focus on the 
airline business. Just like the Customs Service and Immigration, 
airport and airline security should be the domain of federal law 
enforcement.
  The House leadership is using several misleading arguments to push 
H.R. 3150 over a bipartisan bill that passed the Senate 100 to 0. for 
instance, the House leadership says that employees of private companies 
can be held more accountable than law enforcement officers because they 
can be fired more easily. However, S. 1447 clearly waives civil service 
laws, regulations and protections for airport security employees--
making them as easy to discipline or terminate as private employees. 
The House leadership also says that the requirements for hiring will 
delay action. I believe we should take difficult action rather than 
accepting the status quo. However, S. 1447 sets a deadline of one year 
for the full staffing of the aviation security system by law 
enforcement.
  The House leadership also criticizes the Senate bill because law 
enforcement officers are often unionized. Did they forget that 
unionized police officers patrol the streets of our states and 
districts? Did they forget that all members of this body are protected 
at work every day by the excellent, unionized law enforcement officers 
of the Capitol Police? America long ago determined that workers have 
the right to organize and some current private airport security 
personnel are unionized. I trust our union and non-union law 
enforcement officers on all levels of government, and I will trust new 
law enforcement officers at airport security posts across the country.
  The most disappointing explanation for the House leadership's 
position is their fundamental distrust of government. This view of 
government is not shared by the American people. For example, Americans 
support and respect our military personnel engaged in complex, 
dangerous, and vital missions against terrorism around the globe. 
Americans also support and respect our firefighters, police officers, 
and emergency personnel around the country. I hope that the House will 
soon give Americans a chance to support and respect aviation security 
law enforcement.

  In a related misleading argument, the House leadership also claims 
the size of government will be increased in order to oppose aviation 
security law enforcement officers. Of course, the cost to government 
and the taxpayers will be the same regardless of whether the checks go 
directly from the Treasury to the law enforcement officers or from the 
Treasury to a contractor and then to the contract employees. It is 
meaningless whether the size of the federal workforce increases or 
contracts, what matter is the bill to the taxpayers. Of course the 
House leadership is trying to hide the fact that the Senate-passed 
legislation would pay the law enforcement officers with a $2.50 
security fee on each one-way trip, without increasing the cost to the 
Treasury and therefore the size of the government.
  The House leadership also points to public-private security systems 
in Europe as models for our new system. However, our current security 
is already handled by the subsidiaries of the companies that operate in 
Europe. I would also add that the successful aviation security system 
in Japan is made up of law enforcement officers. Since the House 
leadership rarely looks to Europe for inspiration on other public 
policies, I suspect they are getting desperate. While I believe that 
the private security firms can be capable in many circumstances, I 
believe Americans will get the largest increases in safety and 
accountability at airports by using American law enforcement officers.
  Basic economics tells us that you get what you pay for. By 
contracting our airport security personnel to the lowest bidder has 
resulted in overworked, undertrained, and underpaid personnel. In every 
other instance, security is a function of public law enforcement. Why 
should publicly owned airports be any different. We should adopt the 
Oberstar substitute and provide a real sense of security to the flying 
public.
  I encourage all members to ignore political pressures and vote their 
conscience on this issue. I am optimistic that we can agree that we 
want law enforcement, not corporations, to catch criminals in our 
airports. We have tried contracting out our aviation security, and I do 
not believe the American people will allow it any further.
  Ms. McCARTHY of Missouri. Mr. Chairman, I rise to support the Ganske-
Oberstar substitute to H.R. 3150, the Secure Transportation for America 
Act of 2001. The Ganske-Oberstar substitute contains the essential 
federalization of airport security standards and employees necessary to 
ensure protection for the flying public. An identical measure, S. 1477, 
passed the Senate unanimously three weeks ago. We need to act now, in a 
bipartisan manner, to send the President tonight the language the 
Senate already agreed to and which can go into effect tomorrow.
  Current airport protection is insufficient to protect travelers. We 
need to increase the number of air marshals on flights, expand 
antihijacking training for flight crews, fortify cockpit doors, and 
inspect every bag placed onboard an airplane. Transportation Secretary 
Mineta stated that new security measures must be done in an effective 
and consistent manner. To achieve quality uniform standards nationwide, 
we must federalize passenger screeners and baggage handlers in all our 
airports. New federal accountability and training will ensure public 
safety, confidence in travelers, and consistency in enforcement.
  The job of an airport security worker is to prevent terrorism from 
occurring. By federalizing this responsibility, new training and 
airport policies can be standardized and properly enacted. Airline 
passengers will have more confidence in our system, and terrorists will 
not be able to exploit the current weakness of our airports and 
airlines.
  Mr. Chairman, I support the Ganske-Oberstar bipartisan substitute to 
H.R. 3150, the Secure Transportation for America Act. By passing this 
landmark legislation we are correcting short comings in our airport 
security system that should have been enacted following the December 
21, 1988 terrorist bombing of Pan Am Flight 103. It is unfortunate that 
it took an event such as the terrorist hijackings of September 11, 2001 
to secure these long overdue reforms. The Ganske-Oberstar substitute 
will make America safer than it's ever been. There is broad bipartisan 
support for this substitute, and action is needed now. Let's do what's 
right for the American people.
  Mr. UDALL of New Mexico. Mr. Chairman, I rise today in strong support 
of Mr. Oberstar's substitute amendment to H.R. 3150. As we are all now 
painfully aware as a result of the hijackings and attacks of September 
11, Congress must act to strengthen the level of security on flights 
and in the airports throughout the country. I believe that Mr. 
Oberstar's amendment most effectively achieves this goal.
  Mr. Oberstar's amendment is identical to S. 1447, the Aviation 
Security Act, which passed the Senate 100 to 0 on October 11, 2001. 
This measure places responsibility for aviation security with the 
Federal Government to ensure that professional law enforcement agents 
are in charge of securing the airports and airplanes.
  According to the General Accounting Office and the Transportation 
Department Inspector General, airport security screeners are still 
often paid less than fast-food workers, which contributes to an average 
employee turnover rate of more than 120% nationally and more than 400% 
at some airports. If, when discussing these facts, we were discussing 
local police officers, U.S. Customs Service Agents, Border Patrol 
agents or other agents who are tasked with protecting the American 
People from harm, everybody in this Chamber would

[[Page H7687]]

demand reform. It is abundantly clear that these airport screeners are 
the front line in aviation security and therefore are as important as 
the thousands of men and women in the other areas of law enforcement 
and citizen protection.
  Mr. Chairman, it is imperative that we turn airplane screeners into a 
professional, highly skilled, highly trained law enforcement workforce 
to ensure the best possible security for all airline passengers and 
crews.
  I urge my colleagues to support Mr. Oberstar's substitution 
amendment.
  Ms. LEE. Mr. Chairman, I rise to voice my support for the Democratic 
substitute offered by Mr. Oberstar and Mr. Ganske.
  The events of September 11th have made it critical that this Congress 
pass legislation that will meet our needs in ensuring safe travel in 
our skies. This Democratic bill will pull existing security systems up 
by their roots and improve them dramatically by putting well-trained, 
professional federal law enforcement agents in charge of airport and 
airplane security. People want this and they deserve this.
  In my district, I have seen first-hand what enhanced security 
measures can do and have heard about the plans to further strengthen 
security measures. We must provide the appropriate resources to 
strengthen and implement expanded aviation security measures, 
particularly since they must be sustained over a long period of time--
this is vital. All baggage and cargo must be screened. This is a basic 
security measure that should be standard--it could save lives.
  Millions of people, customers and workers, have come to rely on 
airline travel, air cargo, aircraft recreation and tourism, and we have 
to do all we can to ensure their safety. As we enhance security in our 
airports and on aircraft, we cannot forget the employees who face 
layoffs.
  A large number of these workers are minorities. They must be given 
employment priority. They should be afforded the first opportunities to 
be retrained under these new regulations and they should be provided 
the first opportunity to enter into our civil society workforce.
  As we move to federalize our aviation security, we must ensure that 
the civil liberties of federal employees and airline passengers will 
not erode--this includes federal employee protections.
  I must also express my concern about the five-year citizenship 
requirement in this legislation that is not mandated by any other 
federal agencies. There are many legal residents in this country who 
vote and pay taxes. If they clear all back ground checks, they must not 
be discriminated against for these positions. We cannot set a double 
standard which will have negative ramifications for many aviation 
security workers.
  I am not convinced that this mandate will guarantee the trust 
worthiness or skill of the screener workforce. Again, I look forward to 
working with my colleagues to comprehensively assess and remedy this 
matter as this policy is implemented. We must work together to make our 
skies safe, boost confidence in the airlines, and help our economy, the 
American people, and the country.
  The Democratic bill will do this--I strongly urge my colleagues to 
vote ``yes'' for the Democratic substitute.
  Mr. BORSKI. Mr. Chairman, I rise today in strong support of the 
Democratic Substitute Amendment.
  Our current aviation system is broken, which September 11th 
demonstrated. This substitute legislation will move us toward 
dramatically improving our current system by securing both our 
airplanes and airports. Airplanes would increase their cockpit security 
and add more federal Air Marshals, while airports would screen ALL 
baggage and these screeners would be well qualified for the task.
  American's deserve better screeners than the ones they have now. A 
glaring example of just how bad these screeners are took place in my 
home city, at the Philadelphia International Airport.
  In 1998, the Airport notified the Federal Aviation Administration 
about the questionable background of Argenbright Security employees. An 
investigation was conducted and the company was ultimately convicted of 
falsifying employment documents. Agrenbright had not conducted the 
required background checks, issued security badges and consequently 
hired convicted criminals. Argenbright was fined $1.2 million dollars 
and the perpetrators were imprisoned.
  Shockingly, it has now been discovered that Argenbright Security is 
still not conducting proper background checks of its employees, 
therefore risking the safety of all American's. This is unacceptable.
  If the Philadelphia International Airport had not conducted random 
audits of the screening firm, none of this would have been discovered. 
It is not the Airports responsibility to ensure proper screening, it is 
the security firms, and they have continually failed in their job.
  This is just one reason that I firmly believe our nation's airport 
screeners should be federal employees. Our national security depends on 
consistent, enforceable aviation security standards that ensure the 
safety of all Americans.
  We would not even consider contracting our for FBI, CIA or Capitol 
Police employees. We hire trained Federal professionals for these vital 
positions and we should do the same for our airport screeners.
  By hiring Federal Law Enforcement officers to conduct screening, we 
take a step toward increasing the confidence of our flying public. The 
sooner we take responsibility for aviation security; the sooner 
American's will take to the sky once again.
  Mr. Chairman, aviation security is National security and I urge my 
colleagues to vote in favor of the Democratic Substitute Amendment.
  Ms. KILPATRICK. Mr. Chairman, I rise in support of the amendment 
being offered by the gentleman from Minnesota (Mr. Oberstar), and I 
intend to vote against this bill unless the Oberstar Amendment is 
incorporated in this bill. The other side of the aisle argues that 
federalization of passenger and baggage screeners is not in the best 
interest of promoting an efficient security process at our nation's 
airports. Covering these jobs under the umbrella of the Federal 
government, they argue, only makes government unnecessarily bigger and 
makes it impossible to dismiss Federally-employed security personnel 
for mal- or misfeasance. Those arguments are bogus, and the leadership 
of this Chamber should be ashamed of itself for deliberately distorting 
the terms of the Senate-passed Airline Security bill.
  Even if the Senate-passed bill proposed extending federal job 
protections to passenger and baggage security personnel, I would have 
to ask if that would be so bad for the American traveling public. Don't 
American air passengers deserve to feel as secure in our airports as 
they do when visiting a Federal courthouse? I suggest they do. Security 
at our Federal courthouses are provided by the Federal Protective 
Services, an entity of the Federal government. I submit that air 
travelers are entitled to the same level of security.
  The Senate bill does not provide airport security personnel with the 
job protections established under the Civil Service System. The bill 
provides little tolerance for any security employee who fails to 
perform his or her job thoroughly and accurately. To say that 
federalization of the airport security workforce will only reward lazy, 
incompetent, and overpaid security personnel is a total distortion.
  Another argument raised by the majority is that the Leadership 
proposal models the system used in European countries and Israel. I 
have no disagreement with that argument. The weakness in the assertion, 
however, is that the same security contractors serving the nation's 
airports today are the same security contractors found at most 
international airports.
  These contractors may work well overseas but in providing for our 
homeland security, they have failed. Look at the record. Turnover among 
initial security personnel exceeds 400 percent at some airports. 
Contractors fail to conduct criminal background checks on the people 
they hire. In fact, one company was recently fined for hiring security 
personnel with prior arrest records. The pattern is clear. Current 
security contractors hire security personnel at minimum wages to 
provide the flying public minimum airline security. Do I want these 
same companies to be rewarded with larger contracts, so they can cover 
higher overhead costs because of stricter requirements?
  No! The private sector has failed to make America's air transport 
system secure, and it is now the responsibility of the Federal 
government to ensure the security of our airports.
  Another aspect of H.R. 3150 which I find particularly offensive is a 
provision that will exempt all corporate interests from liability from 
the September 11 assault. The families and survivors of the World Trade 
Center and the Pentagon tragedies will have little recourse to seek 
accountability for the negligent acts of a corporation which may have 
encouraged the terrorists to succeed in prosecuting their attacks on 
innocent Americans. In other words, this bill will protect even a 
private airport baggage screening company that may ultimately be found 
to have recklessly allowed a breakdown in security protocols.
  In early October, this body passed the Air Transportation System 
Stabilization Act. I opposed that bill because it represented a bailout 
of the airline industry and a Federal wage protection program for 
highly paid airline executives. It did NOTHING for rank and file 
airline industry employees dislocated in the wake of September 11 
attack. Once again, the Leadership is sponsoring a bill that rewards 
corporate interests and ignores the wage replacement and health 
insurance coverage needs of dislocated airline workers.
  Mr. Chairman, this bill does little to restore the passengers' 
confidence in the safety and security of the national air transport 
system, and it protects corporate interests for past failures to 
protect the air traveling public. For

[[Page H7688]]

these reasons, Mr. Chairman, I urge my colleagues to support the 
amendment by Mr. Oberstar and, failing that, oppose the passage of the 
underlying bill, H.R. 3150.
  Ms. McCOLLUM. Mr. Chairman, I rise today in support of the Democratic 
substitute to strengthen the security measures at our nation's airports 
and in our nation's skies. It is critical that we pass aviation 
security legislation that protects our national security, ensures 
passenger safety, and restores America's confidence in our aviation 
system.
  Our nation has taken significant steps to appropriately respond to 
the events of September 11th, and I am proud of how Congress has worked 
together in our war against terrorism. Now, however, we must take the 
necessary step of making the federal government directly responsible 
for protecting airline passengers and ensuring that air travel anywhere 
in the United States complies with the most stringent safety standards 
and regulations.
  Aviation security is a matter of national security and the United 
States doesn't ``contract out'' the security forces that defend and 
protect our nation. We would never consider contracting out the duties 
of the U.S. Customs Service, Border Patrol or local police departments, 
and it makes no sense to do so with airport screeners, who act as the 
front line in aviation security.
  Safety at our nation's airports is of critical importance. I support 
the appropriate federalized role of placing federal security personnel 
and equipment in every American airport. A professionally trained 
security force with a national screening and oversight standard is 
absolutely necessary to give confidence to air travelers and airline 
industry employees.
  Securing our nation's airspace allows travelers to not only take 
advantage of the benefits and ease of air service, but is at the core 
of our 21st Century economy. A strong aviation system also has a major 
secondary commercial impact--through travel agencies, taxi and 
chauffeur services, and the hospitality sector, to name a few. 
Restoring faith in our nation's aviation system is essential to 
commercial health and vitality.
  In the past, Congress has passed aviation security measures but 
failed to fully implement them. It is clear we must go farther now. 
Anything approaching the status quo is absolutely not acceptable. In 
the end, we must be able to look back on this debate and know that 
despite our differences in the process, we have achieved one common 
goal: a stronger, safer national aviation system.
  Mr. UNDERWOOD. Mr. Chairman, after weeks of delay I am pleased that 
the House leadership has finally decided to act on this vitally 
important issue, that of improving the security at our nation's 
airports, but I am disappointed that they have chosen to move forward 
with a bill that squanders our opportunity to make a substantive 
difference in enhancing aviation safety and security. Tonight, we have 
a chance to do this right and that is why I rise in opposition to the 
underlying bill, H.R. 3150, and in strong support of Mr. Oberstar's 
substitute amendment. The fundamental flaw with H.R. 3150 as brought to 
this floor is that it comes up short of restoring America's confidence 
in the security of our airports and airplanes. The bill fails to 
reassure the public that it is safe to fly and that is why I urge 
passage of the Oberstar substitute, a measure which is identical to S. 
1447, the Aviation Security Act, passed unanimously by the Senate three 
weeks ago.
  The Oberstar substitute would place responsibility for aviation 
security with the Federal Government to ensure that professional law 
enforcement agents are in charge of securing our nation's airports. A 
competent, well equipped, well trained, and well qualified law 
enforcement force is what is so desperately needed to restore the 
confidence of the American public in flying. In addition, the Oberstar 
substitute would increase the placement of Federal Air Marshals on both 
domestic and international flights, enhance cockpit security, and 
provide airline crews with intensive counter-terrorism training. Mr. 
Speaker, this bipartisan aviation security substitute amendment would 
remedy one of the most major identified problems with the current 
airport security system, that of low wages and high turnover amongst 
security screeners. Ensuring higher pay for and job stability amongst 
security screeners would improve the competency and control of airport 
security.
  Mr. Chairman, as the Delegate from Guam, I represent a community 
whose economy is significantly dependent on tourism. Our tourism 
industry is unavoidably linked to and driven by the airline industry, 
and without its efficient and consistent functioning, our economy 
suffers. Our potential visitors must and need to feel safe in flying, 
or else they will forfeit their travel experiences. For those of us who 
live in Guam or the other insular areas, travel by air is our way to 
and from the mainland for business, for pleasure, or to see loved ones. 
It is our duty, it is our responsibility to ensure their safety and to 
restore their confidence in flying. I urge adoption of the Oberstar 
substitute.
  Mr. MICA. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. All time for debate has expired.
  The question is on the amendment in the nature of a substitute 
offered by the gentleman from Minnesota (Mr. Oberstar).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.


                             Recorded Vote

  Mr. OBERSTAR. Mr. Chairman, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 214, 
noes 218, not voting 1, as follows:

                             [Roll No. 423]

                               AYES--214

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley
     Doyle
     Edwards
     Emerson
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank
     Frost
     Ganske
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     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)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Lynch
     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)
     Morella
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ross
     Rothman
     Roukema
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Shows
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Wolf
     Woolsey
     Wu
     Wynn

                               NOES--218

     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blagojevich
     Blunt
     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
     Cramer
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Ehlers
     Ehrlich
     English
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Gallegly
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutierrez
     Gutknecht
     Hall (TX)
     Hansen
     Hart
     Hastert
     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
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Manzullo
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Moran (KS)
     Myrick
     Nethercutt

[[Page H7689]]


     Ney
     Northup
     Norwood
     Nussle
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Paul
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Regula
     Rehberg
     Reynolds
     Riley
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skeen
     Smith (MI)
     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
     Young (AK)
     Young (FL)

                             NOT VOTING--1

       
     Dunn
       

                              {time}  1959

  Mrs. MYRICK, Mr. BASS and Mr. RADANOVICH changed their vote from 
``aye'' to ``no.''
  Ms. SOLIS changed her vote from ``no'' to ``aye.''
  So the amendment in the nature of a substitute was rejected.
  The result of the vote was announced as above recorded.

                              {time}  2000

  The CHAIRMAN. Under the rule the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Thornberry) having assumed the chair, Mr. Hastings of Washington, 
Chairman of the Committee of the Whole House on the State of the Union, 
reported that that Committee, having had under consideration the bill 
(H.R. 3150) to improve aviation security, and for other purposes, 
pursuant to House Resolution 274, he reported the bill back to the 
House with an amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  The question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


               Motion to Recommit Offered by Mr. Oberstar

  Mr. OBERSTAR. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman from Minnesota opposed to 
the bill?
  Mr. OBERSTAR. I am, Mr. Speaker.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Oberstar moves to recommit the bill H.R. 3150 to the 
     Committee on Transportation and Infrastructure with 
     instructions to report the same back to the House forthwith 
     with the following amendment:
       Strike all after the enacting clause and insert the 
     following:

     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.

[[Page H7690]]

       ``(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:

``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;
       ``(7) minimum compensation levels, when appropriate;
       ``(8) a preference for the hiring of any individual who is 
     employed as an airport security screener on the date of 
     enactment of the

[[Page H7691]]

     Transportation Security Enhancement Act of 2001 and is 
     qualified for the position; and
       ``(9) a preference for the hiring of any individual who is 
     a former employee of an air carrier and whose employment with 
     the air carrier was terminated as a result of a reduction in 
     the workforce of the air carrier and is qualified for the 
     position.''.
       (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 to 
     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.
       (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

[[Page H7692]]

     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 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

[[Page H7693]]

     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;
       ``(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 of 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

[[Page H7694]]

     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),'';
       (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. OBERSTAR (during the reading). Mr. Speaker, I ask unanimous 
consent that the motion to recommit be considered as read and printed 
in the Record. 
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  The SPEAKER pro tempore. The gentleman from Minnesota (Mr. Oberstar) 
is recognized for 5 minutes in support of his motion to recommit.
  Mr. OBERSTAR. Mr. Speaker, I yield to the gentleman from Ohio (Mr. 
Kucinich).
  Mr. KUCINICH. Mr. Speaker, this Congress will push through any 
legislation to deal with the difficult times we face, except a bill to 
help the 100,000 laid-off airline industry workers.
  Congress passed a $15 billion airline bailout bill, and we gave the 
100,000 laid-off airline employees absolutely nothing. Today, the House 
of Representatives will pass an airline security bill, and laid-off 
airline workers will again receive absolutely nothing. This is wrong, 
and our priorities are backwards. We are ignoring airline workers who 
are responsible for making our trips safe.
  This motion to recommit will simply give preference for the newly 
created airline security jobs to qualified airline workers who have 
been recently laid off.
  A ``yes'' vote on this motion to recommit means Members believe that 
people, individual men and women, deserve the attention of Congress, 
not just the airline companies. The 100,000 laid-off airline workers 
deserve a chance, and they deserve our vote.
  Mr. OBERSTAR. Mr. Speaker, once again I want to express my great 
appreciation and admiration for the gentleman from Iowa (Mr. Ganske), 
who stood on a matter of principle and stood against some very powerful 
forces within his own party.
  On a matter of this significance, it is important to have a useful 
and far-ranging debate. We had that today. I offer as the motion to 
recommit a bill that we worked on in committee on a bipartisan basis, 
and on which we came to disagreement on a major point of divergence on 
the Federal screener workforce. No matter how many proposals I offered 
to the chairman of the full committee and the chairman of the 
Subcommittee on Aviation, to which they were agreeable, when they 
brought it to the political leadership of their party, they were 
vetoed.
  We attempted to achieve a bipartisan agreement, but what we have in 
the motion to recommit is a proposal that I think is superior not only 
to the motion that was just defeated, but also to the underlying bill. 
It creates a transportation security administration, an intermodal 
security administration, transfers all modal functions within the 
Department of Transportation to the Transportation Security 
Administration. It designates an Under Secretary as a liaison to 
intelligence and law enforcement communities.
  In establishing a screener workforce, it gives to the Under Secretary 
of Transportation authority to create the rules of hiring, of firing, 
of moving people around, create a separate force apart from the civil 
service of the United States with those protections that the Under 
Secretary chooses to establish so that we answer, as I proposed from 
the very outset a month ago, the question of creating a whole new 
Federal civil service workforce.
  We put those mandates into this legislation to require various 
security functions and to insist that timetables be met and deadlines 
be adhered to. We take cost-benefit analysis out of security rulemaking 
so that the rules cannot be held up interminably as they have been for 
many years.
  Those in the Hispanic community who were concerned about the 
nationality requirement, that is absent from this provision. It 
requires 10-year criminal background checks on security screeners. The 
key thing here is that it establishes a screener workforce that is 
pledged to the Constitution of the United States, to the laws, trained 
to the highest levels, a skilled workforce established by the Under 
Secretary.
  Members want flexibility; we provide it in here. Why this was not 
accepted 3 weeks ago is beyond me. We have an opportunity now to vote 
for it. Mr. Speaker, I urge a vote in favor of this substitute that 
encompasses the purpose of security in a way that will transcend 
everything that is in the underlying bill.

  Mr. MICA. Mr. Speaker, I claim the time in opposition.
  The SPEAKER pro tempore. The gentleman from Florida (Mr. Mica) is 
recognized for 5 minutes in opposition to the motion to recommit.
  Mr. MICA. Mr. Speaker, I appreciate the indulgence of Members 
tonight. I know Members want to go back to their districts and see 
their constituents and their families. If there has been any delay in 
this legislation, blame me.
  Earlier I took the podium on the other side of the aisle, and I said 
that I pledge to work in a bipartisan manner; and I have tried to do 
that and have done that at all times with the gentleman from Minnesota 
(Mr. Oberstar).
  Members on my side of the aisle, I want Members to know what a great 
human being the gentleman from Minnesota (Mr. Oberstar) is. I came as a 
freshman and learned so much from the gentleman. He is a tremendous 
individual, and he put his heart and soul into working with us. Because 
of some

[[Page H7695]]

other circumstances, we were not allowed to come forward with our 
legislation, and we all know sometimes politics gets in the way.
  But let me tell Members the most outstanding legacy that we can 
provide as Members of Congress to the gentleman from Minnesota (Mr. 
Oberstar) would be to get this right, to do this right. They tried this 
in 1996, and they did not get this right. They tried again with another 
act in 2000, and we did not get it right.
  This time when Members go back tomorrow and look in the eyes of their 
constituents, who sent us here to do the very best job we can do, we 
can do nothing but the very best as far as aviation and transportation 
security. We have to get it right.
  Unfortunately, the provision by the gentleman from Minnesota (Mr. 
Oberstar) and the motion to recommit will carry this transition process 
on for a year. Just look at the language. Our proposal is 3 months. We 
give the President the flexibility that he asked for and that he can 
deliver. We say the employees may be Federal employees, and we give him 
that discretion. We clearly set forth responsibilities in this 
legislation that are so important. The rulemaking provision that is so 
important must be in the final legislation.
  Mr. Speaker, everyone who voted on the manager's amendment must 
understand that those provisions will be wiped out. The provisions for 
New York asked for by the Governor of New York, the provisions for New 
York that Mayor Giuliani asked for will be wiped out.

                              {time}  2015

  If you have general aviation in your district that is floundering 
because it has been closed down, the assistance that is in our 
provisions only will be wiped out. All the corrections that were made 
to the Senate legislation will be wiped out, so we will not get the 
best product in the end.
  I pledge to work with the gentleman from Minnesota (Mr. Oberstar), 
the gentleman from Illinois (Mr. Lipinski), with Minority Leader 
Gephardt, with everyone in the House, if it takes us day and night, and 
I sat with the President today. He said he is willing to wait until we 
get it right.
  So I urge you to get it right this time. We owe this to the American 
people. We have already had the issue solved in the last vote. Let us 
not go into a motion to recommit and delay this process forward. Let us 
work together and let us do the best we can for the people who sent us 
here.
  Mr. LAMPSON. Mr. Speaker, I wholeheartedly support the Democratic 
alternative of the aviation security bill. This measure is identical to 
S. 1447, the Aviation Security Act, passed by the Senate unanimously on 
October 11. It places responsibility for aviation security with the 
Federal Government to ensure that professional law enforcement agents 
are in charge of securing the airports and airplanes.
  It has been 7 weeks since the attacks on the World Trade Center and 
the Pentagon, and the Republican leadership has been dragging their 
feet on aviation security legislation. It's outrageous and 
irresponsible, and the leadership stalled this legislation because they 
oppose the federalization of security personnel.
  The bill ensures that federal security personnel screen and check all 
individuals and baggage before boarding a plane. We wouldn't dream of 
contracting out the protection that our police provide, we wouldn't 
dream of contracting out the protection our military provides, why in 
the world are the leaders of this body attempting to contract out our 
airport security. Airport security forces must be reliable, 
standardized and verifiable.
  This will ensure that security screeners are more highly paid--rather 
than continuing the practice of private contractors hiring personnel 
for less than fast food, service wages who turn over every six months. 
Experts including the General Accounting Office, the Federal Aviation 
Administration, and the Transportation Department have all indicated 
that low wages and high turnover are the major problem in aviation 
security.
  Following Sept. 11th I've been meeting with schools kids from the 9th 
District. Recently I asked them the question--Should the security 
forces that protect our airports be federalized like the police and 
military? The kids resoundingly answered yes--it's common sense, kids 
know it, the American public knows it, but my colleagues on the other 
side of the aisle don't seen to.
  Under the bill, screener applicants will be required to pass a 
rigorous selection examination, and complete classroom and on-the-job 
training. It also gives the government flexibility to suspend or 
terminate under-performing employees. Consistent with existing law, 
federal screeners would not have the right to strike.
  Ask yourself--who do you want protecting you and your family, a 
federal security force or the lowest bidder. Airport security is 
national security.
  The SPEAKER pro tempore (Mr. Thornberry). Without objection, the 
previous question is ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. OBERSTAR. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of the passage of the bill.
  The vote was taken by electronic device, and there were--yeas 201, 
nays 227, not voting 5, as follows:

                             [Roll No. 424]

                               YEAS--201

     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Costello
     Coyne
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     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
     Lynch
     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
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ross
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schakowsky
     Schiff
     Scott
     Sherman
     Shows
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NAYS--227

     Abercrombie
     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blagojevich
     Blunt
     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
     Cramer
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Gallegly
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hall (TX)
     Hansen
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)

[[Page H7696]]


     Keller
     Kelly
     Kennedy (MN)
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     Maloney (CT)
     Manzullo
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Ortiz
     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
     Stenholm
     Stump
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (MS)
     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)

                             NOT VOTING--5

     Delahunt
     Dunn
     Ganske
     Istook
     Serrano

                              {time}  2032

  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore (Mr. Thornberry). The question is on the 
passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. OBERSTAR. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 286, 
nays 139, not voting 8, as follows:

                             [Roll No. 425]

                               YEAS--286

     Abercrombie
     Aderholt
     Akin
     Andrews
     Armey
     Bachus
     Baker
     Baldwin
     Ballenger
     Barr
     Barrett
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Bishop
     Blagojevich
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Boswell
     Boucher
     Boyd
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardin
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Clement
     Coble
     Combest
     Condit
     Cooksey
     Cox
     Cramer
     Crane
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Dicks
     Dingell
     Dooley
     Doolittle
     Dreier
     Duncan
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Etheridge
     Evans
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Frost
     Gallegly
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Gordon
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hansen
     Harman
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hilleary
     Hobson
     Hoeffel
     Hoekstra
     Hooley
     Horn
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kerns
     Kildee
     Kind (WI)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Knollenberg
     Kolbe
     LaFalce
     LaHood
     Largent
     Larsen (WA)
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Luther
     Maloney (NY)
     Manzullo
     Matheson
     McCollum
     McCrery
     McHugh
     McInnis
     McIntyre
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Mink
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Obey
     Ortiz
     Osborne
     Ose
     Otter
     Oxley
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Portman
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reynolds
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Roukema
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sawyer
     Saxton
     Schaffer
     Schiff
     Schrock
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Spratt
     Stearns
     Stenholm
     Strickland
     Stump
     Sununu
     Sweeney
     Tancredo
     Tanner
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Traficant
     Udall (CO)
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weller
     Whitfield
     Wicker
     Wilson
     Wolf
     Wu
     Young (AK)
     Young (FL)

                               NAYS--139

     Ackerman
     Allen
     Baca
     Baird
     Baldacci
     Barcia
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Blumenauer
     Borski
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Carson (IN)
     Clay
     Clayton
     Clyburn
     Collins
     Conyers
     Costello
     Coyne
     Crowley
     Cummings
     Davis (CA)
     DeFazio
     DeGette
     DeLauro
     Deutsch
     Doggett
     Doyle
     Eshoo
     Farr
     Fattah
     Filner
     Ford
     Frank
     Gephardt
     Gonzalez
     Green (TX)
     Gutierrez
     Hastings (FL)
     Hill
     Hilliard
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hoyer
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E.B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kilpatrick
     Kucinich
     Lampson
     Langevin
     Lantos
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Lynch
     Maloney (CT)
     Markey
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McDermott
     McGovern
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mollohan
     Murtha
     Nadler
     Napolitano
     Neal
     Oberstar
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Rahall
     Rangel
     Reyes
     Rivers
     Rodriguez
     Rothman
     Roybal-Allard
     Sabo
     Sanchez
     Sanders
     Sandlin
     Schakowsky
     Scott
     Sherman
     Slaughter
     Solis
     Stark
     Stupak
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Wexler
     Woolsey
     Wynn

                             NOT VOTING--8

     Delahunt
     Dunn
     Ganske
     Herger
     Houghton
     McKeon
     Riley
     Weldon (PA)

                              {time}  2039

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________