Congressional Record, Volume 147 Issue 149 (Thursday, November 1, 2001)

[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.''.

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

[[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.

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.

``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.

[[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.

____________________