[Congressional Record (Bound Edition), Volume 147 (2001), Part 15]
[House]
[Pages 21444-21469]
[From the U.S. Government Publishing Office, www.gpo.gov]



             SECURE TRANSPORTATION FOR AMERICA ACT OF 2001

  The SPEAKER pro tempore (Mr. Thornberry). Pursuant to House 
Resolution 274 and rule XVIII, the Chair declares the House in the 
Committee of the Whole House on the State of the Union for the 
consideration of the bill, H.R. 3150.

                              {time}  1335


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 3150) to improve aviation security, and for other purposes, with 
Mr. Hastings of Washington in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered as having 
been read the first time.
  Under the rule, the gentleman from Alaska (Mr. Young) and the 
gentleman from Minnesota (Mr. Oberstar) each will control 30 minutes.
  The Chair recognizes the gentleman from Alaska (Mr. Young).
  Mr. Chairman, I yield myself such time as I may consume.
  Mr. YOUNG of Alaska. Mr. Chairman, I have a long prepared statement 
which I will submit for the Record, but I would ask my colleagues today 
to think about this legislation very strongly. I have talked privately 
with the gentleman from Minnesota (Mr. Oberstar) and the gentleman from 
Illinois (Mr. Lipinski), and they say that the bill that they are 
proposing does not do the job. That tells me one thing: the bill that 
they are promoting does not do the job, and this bill does.
  We worked very closely to get a bill and came very nearly to having a 
bill. Some people did not see it that way. But my main goal was to have 
the best security bill for our people. I believe my bill does that. It 
is not perfect, but I can tell my colleagues the Senate bill is nowhere 
as near as my bill.
  If my colleagues vote for the substitute, which some of my colleagues 
are planning on doing, they are not going to have a conference. That 
has already been decided. It will be on the President's desk, and the 
American people will be told by certain people that they will be secure 
in their airports, but we will have the exact same system that is in 
place right now, which has failed miserably. All of my colleagues know 
that.
  This has become a political football, and I stayed out of that, 
because I want the best security for the people of America.
  I want to thank the gentleman from Florida (Mr. Mica), who has done 
an outstanding job, and the staff has done a good job on this issue 
and, yes, the President of the United States. All he is asking us to do 
and what my bill does is give him some flexibility. My bill does not 
federalize, it does not nationalize, it is not a total requirement. But 
it is a brand new era, a time where we need good security. In all good 
conscience, there is no way that a substitute is going to be offered 
that I could even vote for that legislation, because we are kidding the 
American public.
  The Senate keeps referring to a 100 to zero vote. I have had Senate 
Democrats and Republicans come to me and say, my God, we have to go to 
conference. And I have had a few people say to me, we will have to 
straighten this out later on. That is not good legislation. This is the 
House of the people, not the Senate. To have to accept a Senate bill to 
me is deplorable. It is beneath us. It is the wrong thing to do.
  I do not believe there is a fairer person in this Congress than 
myself working with each individual. My heart is very deeply in the 
idea of security. If we do not pass this bill today of mine and the 
gentleman from Florida (Mr. Mica), we are doing a great disservice to 
the American people, because they will go to the airport and say, oh, 
my God, we are now safe because we have passed a bill, and in reality 
there is no safety in the substitute.
  Mr. Chairman, it disturbs me how this thing got so far out of hand 
that we cannot solve the problem correctly. We must go to conference. 
We can solve it in conference where the problems are different, but if 
we do not go to conference, we have nothing and we have kidded the 
public. I am not about to, and I was accused today of not being a 
statesman because I said I probably will not review this issue again 
because my colleagues have made the decision if I lose that they have a 
safe bill and the people of America are safe. I can tell my colleagues 
from the bottom of my heart, my colleagues know they are not, and I 
will not be a part of kidding the American public about how secure they 
will be if we adopt the substitute. We have to accept the Young-Mica 
bill for the best for the people of America.
  Mr. Chairman, I rise today in support of H.R. 3150, the Secure 
Transportation for America Act of 2001.
  H.R. 3150 is the result of a great deal of hard work by our aviation 
subcommittee and its chairman, John Mica.
  I want to take this opportunity to express my appreciation for his 
efforts and the hard work of the aviation subcommittee on this issue.
  Chairman Mica and the members of the aviation subcommittee held 
hearings and conducted extensive research to find out which system of 
security would work best for our aviation transportation needs.
  The American people have every right to be concerned and worried 
about the inadequate level of security provided at our airports.
  This bill will dramatically increase the level of security and will 
dramatically change the way the system has operated at our airports.
  Under the current system, the airlines hire the security screeners at 
the airports using low cost, low bid security companies.
  The airlines in the past have worked to reduce their costs by driving 
down the cost of airline security. Unfortunately, this has resulted in 
a low paid, poorly trained and poorly motivated workforce.
  I want to make it abundantly clear. This bill changes all of that.
  Low paid, poorly trained and poorly motivated screeners in charge of 
our nation's air security is simply unacceptable.
  Under our bill, H.R. 3150, the federal government will take over the 
job of screening passengers and their baggage at our airports.
  It will become a federal government responsibility.
  Where we differ with some of our colleagues is how do we best achieve 
the goal of a truly secure federally controlled aviation screening 
process.
  We do it by insuring that it is the federal government that will set 
the compensation for the screeners.
  It is the federal government that mandates the level of competency 
and training for the screeners.
  It is the government that runs the background checks and works with 
other agencies to insure that these screeners have a clean record.
  And if the screeners don't do their job and perform well, under our 
bill they can be removed, their certificates can be revoked, and the 
entire company can be fired and fined for any violations of the rules 
or regulations.
  Our bill gives the President the tools he needs to insure the best 
possible security for our country.
  H.R. 3150 however, does more than just improve airport screening.
  It establishes broad authority to deal with threats to all 
transportation modes, by setting up a new Transportation Security 
Administration within the Department of Transportation.
  The new administration will be headed by an undersecretary whose only 
job will be to protect our transportation system from terrorists 
threats.
  H.R. 3150 requires the undersecretary of the Transportation Security 
Administration to assume all responsibility for aviation security 
within 3 months of final passage of the bill.
  Under our bill the undersecretary could assume responsibility even 
earlier if the transition can be worked out with the airlines.
  Unlike the Senate bill and the amendment to be offered, H.R. 3150 
does not tie the President's hands by requiring that airport security 
screeners be 100 percent federal employees.
  However, let me make it clear.
  Our bill federalizes the screening process.
  However, the issue is not federal versus non-federal employees 
conducting the screening of passengers and their bags.
  The real issue is how to achieve the highest level of security for 
the traveling public, particularly within the next few months while we

[[Page 21445]]

are at war against the terrorists who used our air transportation 
system to attack us.
  Locking in a system that prohibits the use of any private contract 
workers at all leaves the air transportation system vulnerable to 
disruption and reduced security.
  There is no guarantee that federal employees will do a better job 
than private employees, but that is not the real issue.
  The real issue is giving the President the flexibility and the money 
to get the job done.
  I also want to make it clear that this issue is not about whether 
screeners will be unionized.
  They are unionized now and under my bill can continue to be members 
of union and to bargain collectively. However, they cannot go on strike 
under my bill.
  H.R. 3150, the Secure Transportation for America Act, addresses all 
these security issues to achieve a workable system that provides for 
real security as quickly as possible.
  I urge support of H.R. 3150, which is to bring real security to the 
traveling public in as short a period of time as possible.

 Section-by-Section Summary--Secure Transportation for America Act of 
                            2001--H.R. 3150

       Section 1 is the short title.


           section 2--transportation security administration

       Subsection (a) adds a new section 114 to Chapter 1 of title 
     49 of the U.S. Code creating the new Transportation Security 
     Administration (TSA).
       Subsection (a) of this new section 114 states that the new 
     TSA shall be an Administration in the Department of 
     Transportation (DOT).
       Subsection (b) creates the new position of Under Secretary 
     to head this new Administration.
       Paragraph (1) states that this Under Secretary shall be 
     appointed by the President with the advice and consent of the 
     Senate.
       Paragraph (2) states that the Under Secretary must be a 
     U.S. citizen and have had prior experience in transportation 
     or security.
       Paragraph (3) gives the Under Secretary a 5-year term.
       Subsection (c) prohibits the Under Secretary from having an 
     interest in a transportation or a security company or a 
     company that makes security equipment.
       Subsection (d) describes the functions of the Under 
     Secretary.
       Paragraph (1) states that the Under Secretary will be 
     responsible for security in all modes of transportation. This 
     involves the assumption of the powers now exercised by the 
     Associate FAA Administrator of Civil Aviation Security and 
     the DOT Director of Intelligence and Security as well as the 
     security functions of other Administrations within DOT. It 
     does not involve the Coast Guard. The bill does not 
     explicitly assign the hazmat function leaving that up to DOT 
     to decide whether to move that into the new Administration or 
     keep it in FAA.
       Paragraph (2) requires a schedule to be developed for the 
     transfer of the security functions in consultation with the 
     affected carriers.
       Paragraph (3), in the meantime, allows airlines to assign 
     their contracts with private security companies to the Under 
     Secretary.
       Subsection (e) lists in more detail the duties and powers 
     of the Under Secretary. These duties and powers are--
       (1) Receiving, assessing, and distributing intelligence 
     information to the appropriate people in the transportation 
     community.
       (2) Assessing threats to transportation.
       (3) Developing policies to deal with these threats.
       (4) Coordinating with other agencies.
       (5) Serve as the liaison with the intelligence community.
       (6) Supervising airport security using Federal uniformed 
     personnel.
       (7) Manage the Federal security personnel in the field.
       (8) Enforce security regulations.
       (9) Undertake research to improve security.
       (10) Inspect, maintain, and test security equipment.
       (11) Ensure that adequate security is provided for the 
     transportation of cargo, including cargo as defined in 
     section 40102(a)(12).
       (12) Oversee the security at airports and other 
     transportation facilities.
       (13) Perform background checks on screeners and those who 
     work at airports.
       (14) Develop standards for the hiring and firing of 
     screeners.
       (15) Train and test screeners.
       (16) Carry out other duties and powers authorized by law.
       Subsection (f) gives the Under Secretary the same powers to 
     acquire and maintain property as the FAA.
       Subsection (g) allows the Under Secretary to accept 
     transfers of funds.
       Subsection (h) allows the Under Secretary, if the situation 
     warrants, to issue a security rule on an expedited basis 
     without Secretarial or OMB review and without notice and 
     comment as would otherwise be required by the Administrative 
     Procedure Act. Such a rule would be in effect for 30 days and 
     would remain in effect unless disapproved by the Oversight 
     Board established in section 13.
       Subsection (i) gives the Under Secretary the same authority 
     over personnel and services as the FAA. This includes the 
     authority to contract for services such as the screening 
     service.
       Subsection (j) allows the new Transportation Security 
     Administration (TSA) to set up its own personnel system.
       Subsection (k) allows the new TSA to set up its own 
     procurement system.
       Subsection (l) makes clear that the DOT Inspector General 
     can investigate the TSA in the same way that he can 
     investigate other Administrations within DOT.
       Subsection (c) establishes the compensation for the Under 
     Secretary.
       Subsection (d) allows other agencies to provide personnel, 
     such as sky marshals, to the FAA and the TSA.
       Subsection (e) transfers responsibility for security 
     research from the FAA to the TSA.
       Subsection (f) changes statutory references from the FAA 
     and the Administrator to the TSA and the Under Secretary to 
     reflect the transfer of functions.


            Section 3--Screening of passengers and property

       This section requires the Federal government to take over 
     responsibility for the screening of passengers and property 
     (both checked and carry-on baggage) on passenger aircraft in 
     the United States. The Federal government could do this 
     either by hiring Federal employees to do the screening or by 
     contracting with a security company to perform this task with 
     Federal oversight. All screening must be supervised by 
     uniformed Federal employees of the TSA. A supervisor can 
     order the dismissal of a screener who is not performing 
     adequately. Screeners are prohibited from striking.


                      Section 4--Security programs

       This section requires that there be a law enforcement or 
     military presence at each screening checkpoint, not merely at 
     each airport. The law enforcement presence could be either 
     Federal, State, or local officials.


             Section 5--Employement standards and training

       Strengthens the employment and training standards for those 
     who screen passengers and property.
       Subsection (a) requires that screeners be U.S. citizens. It 
     permits the Under Secretary to establish minimum pay levels. 
     Veterans should be given preference in the hiring of 
     screeners. The veterans preference was a suggestion of 
     Congressman Duncan.
       Subsection (b) requires the final rule of the certification 
     of screening companies to be issued within 6 months of the 
     date of enactment of this Act.
       Subsection (c) establishes the training standards for 
     screeners and requires all screeners to be in uniform.
       Subsection (d) establishes the minimum employment standards 
     for screeners (which were taken largely from the FAA's 
     proposed rule at 65 FR 560, January 5, 2000). These shall 
     remain in effect until the final rule for the certification 
     of screening companies is issued as required by subsection 
     (b).


             section 6--deployment of federal air marshals

       Requires the deployment, at no cost to the government, of 
     sky marshals on flights of U.S. airlines. This section is 
     based on H.R. 2906 introduced by Congressman Baker.


                 section 7--enhanced security measures

       Subsection (a) requires the Under Secretary to address the 
     following issues:
       (1) Develop procedures (such as barrel roles or 
     depressurizing the aircraft) and authorize equipment (such as 
     lethal or non-lethal weapons) to help the pilot defend the 
     aircraft against hijackers;
       (2) After consultation with the FAA, find ways to--
       (A) limit access to the cockpit;
       (B) strengthen cockpit doors;
       (C) use video cameras to alert pilots to problems in the 
     passenger cabin without having to open the cockpit door;
       (D) ensure that the aircraft transponder cannot be turned 
     off in flight.
       (3) Impose standards for the screening or inspection of 
     vehicles and employees of aircraft fuelers, caterers, 
     cleaners, and others who have access to aircraft and secure 
     areas of airports;
       (4) Require airlines to provide emergency call capability 
     from aircraft and trains (This was suggested by Congressman 
     Kirk);
       (5) Use various technologies, such as voice stress 
     analysis, to prevent a dangerous person from boarding a 
     plane;
       (6) Develop certification standards for individual 
     screeners;
       (7) Use Threat Image Projection (TIP) or similar devices to 
     test whether screeners are meeting those standards;
       (8) Develop ways for airlines to have access to law 
     enforcement and immigration data bases to ensure that 
     dangerous people do not board their planes;
       (9) Use the profiling system known as CAPS to not only give 
     special scrutiny to selected checked baggage but also to the 
     passengers who fit the profile and their carry-on baggage;
       (10) Use technology to ensure that airport and airline 
     employees and law enforcement officers are who they claim to 
     be;
       (11) Install switches in the passenger cabin so that flight 
     attendants can discreetly notify a pilot if there is a 
     problem;

[[Page 21446]]

       (12) Change the training of airline personnel in light of 
     the change in the methods and goals of hijackers as evidenced 
     by the attack of September 11th;
       (13) Provide for background checks for those seeking flying 
     lessons on large aircraft or flight simulators of such 
     aircraft.
       (14) Enter into agreements allowing trained law enforcement 
     personnel of other agencies to travel with guns in order to 
     assist a sky marshal. (This was suggested by Congressman 
     Cooksey).
       (15) Perform more thorough background checks of airport 
     screeners, student pilots, and others who have unescorted 
     access to secure areas of the airport. This should include 
     more than merely a fingerprint check. It should also include 
     examination of other agency databases to determine whether 
     the individual may be a terrorist or a threat to civil 
     aviation.
       Subsection (b) prohibits the Under Secretary from taking 
     one of the actions listed above if the FAA believes it might 
     adversely affect the safety of the aircraft unless the 
     Secretary approves the action.
       Subsection (c) requires the Under Secretary to consult with 
     the NTSB on safety issues.
       Subsection (d) requires the Under Secretary to do bag 
     matching, screen 100% of checked bags, or take some other 
     action to minimize the risk of explosives in checked luggage. 
     Paragraph (2) requires the Under Secretary to ensure that 
     explosive detection equipment already at airports is fully 
     utilized.
       Subseciton (e) requires the Secretary to permit pilots to 
     carry guns in the cockpit if the airline permits its pilots 
     to carry guns and the pilot has completed an appropriate 
     training program.
       Subscetion (f) requires the Under Secretary to report 6 
     months after the date of enactment on the progress being made 
     in implementing the above items. A similar report would have 
     to be submitted each year thereafter until all the items had 
     either been implemented or rejected. An existing security 
     report is repealed.


   section 8--criminal history record check for screeners and others

       Authorizes airports to begin fingerprint checks before the 
     deadline now in the law.


             section 9--passenger and baggage screening fee

       Requires the imposition of a security fee on passengers to 
     pay up to 100 percent of the cost of the screening 
     passengers. These costs include the salaries and training 
     costs of screeners and the cost of the equipment they use. 
     The fee could not be used to defray the general operating 
     costs of the Transportation Security Administration (TSA). 
     The per passenger fee must be based on the cost of providing 
     the screening service but could not be more than $2.50 per 
     passenger. The fee that is set would be based on the total 
     costs of screening passengers and property, not on the 
     specific costs associated with each airport, and therefore 
     the fee would be the same for every passenger. The fee would 
     be assessed on a one-way flight rather than on an enplanement 
     as the one-way trip most closely related to the way screening 
     services are provided to passengers. Full year revenue for 
     fiscal year 2002 is estimated to amount to about $900 million 
     for domestic departures and about $100 million for 
     international departures. Future year revenue could be higher 
     when air travel reverts to the levels prior to September 11, 
     2001. Any additional money required to pay the costs of 
     screening not covered by the passenger fee may be raised by a 
     fee assessed directly on the airlines or could be 
     appropriated under the authority provided by section 10(a). 
     Passengers using airports in Alaska where screening is not 
     required could be exempted from the fee.
       It is Congress' intent that the Undersecretary be able to 
     impose this fee as expeditiously as possible to begin to 
     recover the costs of the functions assumed by the Federal 
     government. To ensure that the Undersecretary is able to 
     begin collecting the fee within 60 days, the Undersecretary 
     is exempted from section 9701 of title 31, United States 
     Code, related to general requirements related to fees and 
     from section 553 of title 5, United States Code, related to 
     rulemaking. The Undersecretary is authorized to publish a 
     notice in the Federal Register to set and impose the fee. The 
     calculation of costs of the functions and the fees to be 
     imposed is left to be determined at the discretion of the 
     Undersecretary.


              section 10--authorizations of appropriations

       Subsection (a) authorizes appropriations to operate the new 
     TSA and to pay for any screening costs not covered by the 
     fee.
       Subsection (b) authorizes the Secretary to utilize $500 
     million of the emergency supplemental (Public Law 107-38) to 
     make grants to U.S. airlines to help them strengthen their 
     cockpit doors, install video monitors, or modify their 
     aircraft transponders so that they cannot be turned off in 
     flight.
       Subsection (c) authorizes $1.5 billion to help airports 
     defray the cost of new security requirements imposed after 
     September 11, 2001.


    section 11--limitation on liability for acts to thwart criminal 
                      violence or aircraft piracy

       Protects passengers and crew from liability for any injury 
     they cause a person who they, in good faith, believe is 
     hijacking or about to hijack an aircraft.


                    section 12--passenger manifests

       Requires U.S. and foreign airlines to provide information 
     to the U.S. government about their passengers and crew on 
     international flights before they land in the U.S.


          section 13--transportation security oversight board

       Creates the new Transportation Security Oversight Board. It 
     will be composed of the Secretaries of Transportation, 
     Treasury, and Defense (or their designees), the Attorney 
     General (or his designee), and a person appointed by the 
     President from either the National Security Council or the 
     new Office of Homeland Security. The DOT Secretary or his 
     designee will be the Chairman. The Board's duties include 
     reviewing the Under Secretary's emergency regulations and 
     other actions of the TSA. This section also creates an 
     advisory council composed of industry representatives to 
     advise the Under Secretary on transportation security issues.


                section 14--airport improvement program

       Section 12 makes changes to the airport improvement program 
     (AIP) and the passenger facility charge (PFC) related to 
     security.
       Subsection (a) excuses an airport from having to submit a 
     competition plan in fiscal year 2002 for AIP grants or PFC 
     approvals that will be used to improve security.
       Subsection (b) allows AIP or PFC money to be used at small 
     airports to pay the cost of law enforcement personnel 
     required by section 4. It also allows AIP money to be used to 
     pay for any expense in fiscal year 2002 at a general aviation 
     airport that was effectively shut down as a result of the 
     restrictions on VFR flight in enhanced Class B airspace. It 
     also allows AIP and PFC money to be used for debt service in 
     order to prevent the airport from defaulting on a bond.
       Subsection (c) allows AIP money to be used for the costs 
     described in subsection (b) even if that cost was incurred 
     before the grant was issued.
       Subsection (d) waives the local share for the costs 
     described in subsection (b).


                    section 15--technical correction

       Subsection (a) changes the due date of a report from 
     February 1 of this year to February 1 of next year.
       Subsection (b) makes a change in the war risk improvement 
     program.
       Subsection (c) corrects a misspelled word.


          section 16--alcohol and controlled substance testing

       Transfers responsibility for drug and alcohol testing of 
     security personnel from the FAA to the new Transportation 
     Security Administration.


           Section 17--conforming amendments to subtitle vii

       This section makes technical changes.
       Subsection (a) retains responsibility for the Pilot Records 
     Improvements Act in the FAA.
       Subsection (b) moves certain civil penalty responsibilities 
     to the new Administration.
       Subsection (c) and (d) make similar administrative changes.


                     Section 18--Savings provision

       This section ensures that there is a seamless transition of 
     responsibilities from the FAA to the new Transportation 
     Security Administration (TSA).


                     Section 19--Budget Submissions

       Requires budget submissions to list the budget of the TSA 
     separately.


      Section 20--Aircraft operations in Enhanced Class B airspace

       Lists the restrictions on general aviation flights in 
     Enhanced Class B airspace (the airspace near major cities) 
     unless a notice is published in the Federal Register 
     explaining the rationale for those restrictions.


          Section 21--waivers for certain isolated communities

       Subsection (a) allows the Under Secretary to grant waivers 
     for certain essential flights to communities in Alaska, 
     Hawaii, and others far from a big city.
       Subsection (b) allows the Transportation Security Oversight 
     Board to rescind these waivers.
       Subsection (c) allows the Board to impose limitations on 
     the waivers.


             Section 22--Assessments of Threats to Airports

       This section allows airports to rescind the current 
     restriction that prohibits cars from parking within 300 feet 
     of an airport terminal if the airport and local law 
     enforcement certify that there are safeguards in place to 
     sufficiently protect public safety.
                                  ____

                                       Committee on Transportation


                                           and Infrastructure,

                                 Washington, DC, October 31, 2001.
     Hon. Sherwood L. Boehlert,
     Chairman, Committee on Science,
     House of Representatives, Washington, DC.
       Dear Chairman Boehlert: Thank you for your letter of 
     October 31, 2001, regarding H.R. 3150, the ``Secure 
     Transportation for America Act of 2001'' and for your 
     willingness to

[[Page 21447]]

     waive consideration of provisions in the bill under your 
     Committee's jurisdiction. Regarding provisions in the bill 
     that are referenced in your letter, the bill essentially 
     ensures the orderly transfer of certain existing functions 
     within the Department of Transportation and assures 
     continuity of operations. However, I acknowledge the Science 
     Committee's jurisdiction under the House Rules over 
     provisions that may affect ``civil aviation research and 
     development.''
       I agree that your waiving consideration of relevant 
     provisions of H.R. 3150 does not waive the Science 
     Committee's jurisdiction over those provisions. I also 
     acknowledge your right to seek conferees on any provisions 
     that are within the Science Committee's jurisdiction during 
     any House-Senate conference on H.R. 3150 or similar 
     legislation, and would support your request for conferees on 
     such provisions.
       Your letter and this response will be included in the 
     record during floor consideration of the bill.
       Thank you for your cooperation in this matter.
           Sincerely,
                                                        Don Young,
     Chairman.
                                  ____

                                             Committee on Science,


                                Rayburn House Office Building,

                                 Washington, DC, October 30, 2001.
     Hon. Don Young,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Washington, DC.
       Dear Chairman Young: On October 17, 2001, you introduced 
     H.R. 3150, the ``Secure Transportation for America Act of 
     2001.'' Section 2(e)(9) of H.R. 3150 requires the newly 
     created Under Secretary of Transportation for Security to 
     ``identify and undertake research and development activities 
     necessary to enhance transportation security.'' Additionally, 
     secs. 2(f)(1)(D) authorizes the Under Secretary ``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.'' These three provisions contain subject matter that 
     has traditionally fallen under the jurisdiction of the 
     Committee on Science pursuant to House Rule X(n)(3), which 
     grants the Committee on Science jurisdiction over ``Civil 
     aviation and research.'' I ask for your assurance that the 
     creation of the new Under Secretary position and that the 
     duties and functions of his position do not alter in any way 
     the traditional jurisdiction of the Science Committee granted 
     pursuant to House Rule X(n)(3).
       In deference to your desire to bring this legislation 
     before the House in an expeditious manner I will not exercise 
     this Committee's right to consider H.R. 3150. Despite waiving 
     its consideration of H.R. 3150, the Science Committee does 
     not waive its jurisdiction over H.R. 3150. Additionally, the 
     Science Committee expressly reserves its authority to seek 
     conferees on any provisions that are within its jurisdiction 
     during any House-Senate conference that may be convened on 
     this or similar legislation which falls within the Science 
     Committee's jurisdiction. I ask for your commitment to 
     support any request by the Science Committee for conferees on 
     H.R. 3150 as well as any similar or related legislation.
       I request that you include this letter as part of the 
     Record during consideration of the legislation on the House 
     floor. Thank you for your consideration and attention 
     regarding these matters.
           Sincerely,
                                             Sherwood L. Boehlert,
                                                         Chairman.

  Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I yield myself 3 minutes.
  Mr. Chairman, I would like to express my appreciation to the 
gentleman from Alaska (Mr. Young) and the gentleman from Florida (Mr. 
Mica), if I may have their attention, for the good faith efforts that 
were made in our committee to reach a truly bipartisan bill. The 
gentleman spoke with some feeling in the well just a moment ago, and I 
speak with no less feeling. As the chairman knows and the chairman of 
the subcommittee knows and many of the Members know, I served on the 
Pan Am 103 Commission while I was chair of the Subcommittee on 
Aviation. I wrote with our good friend Mr. Hammerschmidt, former 
ranking member of the Committee on Transportation and Infrastructure, 
then the Committee on Public Works, the Aviation Security Act of 1990. 
We worked on a totally bipartisan basis with the House and the Senate 
to write that legislation and subsequent amendments to it. We know that 
aviation security is a revolving issue that we have to continually 
revisit to update and strengthen.
  We were at the point of reaching a good bipartisan agreement, but it 
kept getting sidetracked, let me just say it bluntly, by the political 
leadership in the gentleman's party. I just want to express my great 
appreciation for the good faith and the good effort and the goodwill 
that was extended and the regret that we could not come to an 
agreement.
  But the Achilles heel of aviation security is the screener checkpoint 
at our airports, and the issue of whether this should be private or 
public, as this chart shows, private security companies have not 
provided good security. A man boards a plane with a pistol after 
September 11. Airport security firm lied. Hired felons, Argenbright 
fined $1,550,000 last year. And their parent corporation in Europe, 
which has been held up as a paragon of good work in aviation security 
privatization, the Sunday Telegraph in England: Shocking lapses in 
security at British airports. The London Times: Security failures put 
Heathrow at risk. The British Department of Transportation is 
investigating Securicor, the parent corporation for Argenbright, the 
premier domestic private security provider.
  That is not the way we want to do security. We need to have the badge 
of the Federal Government, persons sworn to uphold the Constitution and 
the laws of the United States, trained to the highest possible level of 
skill, paid a decent level, put in a security force separate from the 
Federal Civil Service, to give assurance to the American public that 
the bar on security has been raised.
  Mr. Chairman, I reserve the balance of my time.

                              {time}  1545

  Mr. YOUNG of Alaska. Mr. Chairman, I yield 3 minutes to the gentleman 
from Tennessee (Mr. Duncan).
  Mr. DUNCAN. Mr. Chairman, I rise in strong support of this bill by 
the gentleman from Alaska (Chairman Young), and I want to commend him 
and the gentleman from Florida (Chairman Mica) for their work on this 
legislation.
  This bill, the Airport Security Federalization Act, will do more to 
enhance and improve aviation security than any bill in the history of 
this Nation.
  We need to tell the American people the true situation as it stands 
today: that is, it is safer to fly now than ever before. This bill, the 
bill of the gentleman from Alaska (Chairman Young), will make it even 
safer.
  This bill provides the legal framework and funding for strengthening 
cockpit doors; providing air marshals on flights where they might be 
needed; cameras, so pilots can see what is going on in the cabin; 
expanded background checks for all key personnel; and most importantly, 
improve standards and training for airport screeners.
  I had the privilege, Mr. Chairman, of chairing the Subcommittee on 
Aviation for the past 6 years, and remain active on the subcommittee 
today. Three years ago, I suggested establishing a school for 
screeners, but there was almost no interest at the FAA in this 
proposal.
  In 1996, and again last year in FAA bills, we put in requirements for 
certifying screeners and improving their training and other security 
measures. As of September 11, the FAA still had not completed the work 
required under these bills. This is another reason why we are so 
concerned about turning this situation totally and completely over to 
the Federal Government.
  We did expand the list of crimes which would disqualify people from 
jobs as screeners. To be fair, no one ever dreamed that anyone would be 
mentally sick and warped and evil enough to use our commercial 
airliners in kamikaze missions killing thousands. But now we know, and 
this bill is the best response we can give to the situation we find 
ourselves in.
  The most controversial part of this legislation is whether to make 
the screeners Federal employees. I suggest that the former chief of 
security for El Al, the Israeli airline, was quoted in yesterday's 
Washington Times as saying this would be a big mistake.

[[Page 21448]]

  Unfortunately, we have a civil service system that does almost 
nothing for good, dedicated employees, but it provides great and 
undeserved protection for the worst employees. Everyone knows it is 
almost impossible to fire a Federal civil servant and extremely hard 
even to transfer one.
  We need to increase the pay and training of screeners. We need to 
have the best possible people in these positions. We can accomplish 
this much faster and continue to improve this work force much easier by 
having strict Federal oversight and requirements, but leaving these 
employees in the much more efficient private sector. This is the 
European model. Skyjackings in Europe went way down in the 1990s after 
screeners were largely privatized.
  The Wall Street Journal reported yesterday that 85 to 90 percent of 
the screeners around the world are private employees. Most of these are 
at airports formerly totally government run until they found out that 
the private free enterprise system works better.
  Mr. Chairman, about three years ago, I was the guest of the British 
Aviation Authority. They wanted to show me their airports and their 
whole operation, but what they were most proud of was their security 
provided by a private workforce. Their airport security and Israel's 
are considered the best in the world.
  I am especially pleased about a provision in this bill relieving 
persons who assist in fighting air piracy from any potential liability 
and also a provision I requested to give preference in hiring to 
retired military personnel.
  I urge all my colleagues to support Chairman Young's outstanding 
aviation security bill.
  Mr. OBERSTAR. Mr. Chairman, I yield 5 minutes to the gentleman from 
Illinois (Mr. Lipinski), ranking member of the Subcommittee on 
Aviation.
  Mr. LIPINSKI. Mr. Chairman, I thank the gentleman for yielding time 
to me.
  Mr. Chairman, 6 weeks ago tomorrow the House passed, with the speed 
of a rocket-boosted jet engine, the American aviation financial bailout 
bill, a bill I voted against because it did nothing for the laid-off 
aviation workers, and it did nothing to upgrade aviation security.
  I said at the time that we can give the airlines all the money they 
want and even more, but if we do not upgrade aviation security and show 
the American flying public that our skies are once again safe and 
secure, then the American aviation industry will continue to flounder 
and shrink, because the American public will not go back to flying 
until they believe that American aviation is as secure as possible.
  In the past 6 weeks, we in the House have done nothing to upgrade 
aviation security. Unless we pass the bipartisan substitute and it goes 
directly to the President to be signed, and he will sign it, as he has 
said on numerous occasions, we will pass H.R. 3150 and be forced to go 
to conference.
  The forces opposed to hiring fully-trained, well-paid, federally-
supervised professional Federal screeners to protect the American 
flying public will delay the conference until long after Thanksgiving, 
the Nation's greatest flying weekend.
  Mr. Chairman, this is what has happened to American aviation since we 
passed the bailout bill but did not strengthen security: There are more 
than 2,000 fewer domestic and international flight departures each day 
than last year at the same time, a reduction of over 20 percent. At the 
same time, passenger emplanements are down 25 percent.
  Since September 11 until now, scheduled domestic flights have dropped 
by the following percentages at the following airports: Newark, Reagan 
National, Houston, down over 35 percent; Kennedy, down 34 percent; 
Seattle, Boston, LaGuardia, Portland, San Francisco, down over 25 
percent. The Nation's top 31 airports are all down. Since September 11, 
America West has dropped 12 percent of its scheduled flights; Delta, 15 
percent; Northwest, 15 percent; United and American, 22 percent; US 
Airways, 25 percent; Alaskan Airlines, 26 percent; and Continental, 44 
percent.
  Why? I believe because we have not passed an upgraded aviation 
security bill into law to protect the American public. That is why we 
must pass today a bill that the President will sign into law tomorrow.
  American aviation is a matter of national security. Public safety is 
threatened by an unprecedented war declared on the American people by 
Osama bin Laden and his terrorist network. It is the Federal 
Government's job to protect our country during time of war. Security at 
our Nation's airports is no longer a private sector matter; it is the 
last line of defense at our airports, and it is part of the front line 
of our national defense.
  Congress needs to treat this as a question of national security, and 
put in place an effective Federal law enforcement system.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield 30 seconds to the 
gentleman from Michigan (Mr. Smith).
  Mr. SMITH of Michigan. Mr. Chairman, I thank the gentleman for 
yielding time to me.
  Mr. Chairman, this is to clarify an aspect of the legislation. One 
idea to increase airplane safety would be to create separate entrances 
for pilots on aircraft and eliminate access between the cabin and the 
cockpit. This would make it impossible to take over an aircraft from 
the cabin, reducing the risk of terrorism and the need for air marshals 
and other precautions.
  I would like to make sure there is nothing in this bill which 
prevents the FAA from studying this idea or airlines pursuing this 
implementation, should it prove feasible and effective.
  Mr. YOUNG of Alaska. Mr. Chairman, will the gentleman yield?
  Mr. SMITH of Michigan. I yield to the gentleman from Alaska.
  Mr. YOUNG of Alaska. Mr. Chairman, there are no provisions in this 
bill that prevent the FAA from taking up the idea of separate entrances 
for pilots in airliners. That idea could be a solution to some of our 
air security problems, and deserves serious consideration and study at 
the FAA.
  Mr. Chairman, I yield 1 minute to the gentleman from Pennsylvania 
(Mr. Shuster), newly elected, and I hope he will be reelected.
  Mr. SHUSTER. Mr. Chairman, I thank the gentleman for yielding time to 
me.
  Mr. Chairman, I rise today in support of H.R. 3150. It is a superior 
piece of legislation. What we do is federalize the airport security 
system, which creates strict standards, control, and enforcement by the 
Federal Government, and it is based on proven systems.
  One thing I want to mention about H.R. 3150 is it specifically helps 
small and rural airports. First, it allows the AIP funds to be used to 
upgrade security, and waive rent for tenants, for those small 
businesses to get through this tough time.
  Additionally, the substitute bill has a two-tiered security approach, 
and H.R. 3150 does not have that. One of the things it allows for is 
the 30-foot distance you must stay away the terminal, to have the 
safeguards put in place sufficiently to protect the public.
  The problems with the substitute are many. One of the things I want 
to point out specifically are the $2.50 security fee emplanement 
charge. This is entirely unfair to rural travelers, for it doubles and 
sometimes triples their fees.
  Mr. OBERSTAR. Mr. Chairman, I am pleased to yield 2 minutes to the 
distinguished gentleman from Iowa (Mr. Ganske), who has played a 
courageous role in advocating this legislation.
  Mr. GANSKE. Mr. Chairman, let us get into the nitty-gritty of 
comparing some of the aspects of these bills.
  Mr. Chairman, I would make a strong argument that the Senate bill has 
stronger provisions in terms of requirements for screeners than the 
Young bill. The Young bill requires that those screeners be citizens, 
just citizens, period. That would mean that somebody could come here 
from a foreign country, marry somebody, and then be qualified to be a 
screener.
  Our bill, the Senate bill, the bipartisan bill, requires that one be 
a citizen for 5 years. That is a significant difference. I think our 
bill, the Senate bill, is better on that point.
  We will hear some charges about how the Young bill has a stronger 
screening

[[Page 21449]]

provision for bag supervision. Let me read from the Senate bill. The 
Senate bill says: ``The Attorney General, in consultation with the 
Secretary of Transportation, shall provide for the screening of all 
passengers and property, including the United States mail, cargo, 
carry-on, and checked baggage, and other articles that will be carried 
aboard the airplane in air transportation.''
  Mr. Chairman, I do not know how 100 percent can be improved on. When 
we say ``all'' in legislative language, that is 100 percent.
  Furthermore, we will hear from the proponents of the Young amendment 
that our bill, the bipartisan Senate bill, could take longer to 
implement. The only way the Young bill can be implemented quicker than 
our bill is if they simply hire all of the screeners that are already 
currently employed by those three foreign corporations.
  For goodness sakes, we have heard from the Inspector General, we have 
seen in newspaper reports, we have seen million dollar fines. We see, 
as was demonstrated over here, reports that this is not just in the 
United States, but these three foreign corporations are not getting the 
job done overseas, either.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield 2 minutes to the gentleman 
from Kansas (Mr. Tiahrt).
  Mr. TIAHRT. Mr. Chairman, we just heard the gentleman from Iowa talk 
about one phase of the bill that is being proposed today on the floor. 
That is the passenger carry-on and baggage screening, as Members can 
see on this chart. He totally ignored the rest of the chart because it 
is not in the version that the Senate passed and that is being proposed 
here.
  They do have a study, and they ask six different government agencies 
to start to study all of the other stuff, like perimeter security, like 
bomb-sniffing dogs, camera surveillance, the employee screening. They 
are going to study that. But what we are going to do is put it into 
action.
  If Members want to ignore all the rest of this airport security and 
just focus on this one little phase right down here, then I suggest 
Members support the Senate version. But we cannot go to conference, we 
cannot fix the problem. We just have an inadequate bill that will not 
solve the problem. We will end up with, maybe 5 years from now when the 
studies come back, the potential for doing the right thing.
  If Members vote for the Senate version, they are ignoring bomb-
sniffing dogs, they are ignoring terminal security, they are ignoring 
tarmac security, ignoring it.
  Why not do something to help the people in America know that they are 
safe when they are traveling on airplanes? Why not put into action 
these items on airport security that are covered in this complete 
chart, instead of just focusing on a very little narrow part here in 
the corner?
  That is why the gentleman from Iowa focused right down here on 
passenger and baggage screening. We are going to do something today. We 
have the opportunity to do something for airport aviation security that 
goes well beyond what the Senate did in their version of rushing 
through legislation, inadequate legislation. Instead, we are going to 
do the right thing to make people safe when they travel.
  So I urge my colleagues to not vote for the Ganske bill, the Democrat 
version, the Senate-passed version. Instead, do the right thing for 
airport security, for aviation security, for airport travel, and vote 
for the Young bill. Vote for the Secure Transportation for America Act. 
It is the right thing to do.

                              {time}  1600


                      Announcement by the Chairman

  The CHAIRMAN. The Chair will remind Members that in their remarks 
they should not characterize the actions of the other body.
  Mr. OBERSTAR. Mr. Chairman, I appreciate the Chair's admonition.
  Mr. Chairman, I yield myself 15 seconds.
  In the interest of accuracy, the bill that we advocate here provides 
for screening of passengers and baggage, checked baggage, perimeter 
security, Federal air marshals, cockpit security, anti-hijack training 
for flight crew, flight school training background checks and funding.
  Mr. Chairman, I yield 2 minutes to the gentleman from Missouri (Mr. 
Gephardt), the distinguished minority leader.
  Mr. GEPHARDT. Mr. Chairman, first I want to thank the gentleman from 
Minnesota (Mr. Oberstar), the gentleman from Iowa (Mr. Ganske), the 
gentleman from Oregon (Mr. DeFazio), and the gentleman from Illinois 
(Mr. Lipinski) and others on both sides of the aisle who have worked so 
hard to bring this bill to the floor and to do the right thing for the 
American people.
  Mr. Chairman, the horror of September 11 is forever imprinted in all 
of our minds. Nineteen hijackers filled with hatred breached airport 
security. They carried box cutters and knives in their bags. They 
forced themselves into four cockpits. They rammed these planes into the 
heart of America. They attacked the greatest military, and they 
attacked the greatest commercial buildings in the history of the world; 
and they killed thousands of people in the blink of an eye.
  The system that allowed that to happen is still failing us today, 7 
weeks after that happened. We hear stories about a man who just last 
week boarded a plane with a gun in his bag. Screeners failed to stop 
him. We hear stories about people who stuff box cutters into seats and 
leave them in seats. Screeners fail to stop them. We hear stories about 
people trying to bring pocketknives on planes and succeeding still 
today because screeners fail to stop them. Two weeks ago the Federal 
Aviation Administration gave 20 screeners in one airport a surprise 
test. Seven failed the test last week.
  This is police work. The companies that have been doing this have 
failed the American people. They must, and I repeat, must be 
accountable for their failure. It is time for them to be accountable. 
It is time for them to be replaced.
  The Young bill perpetuates the status quo. The Oberstar-Ganske bill 
creates a better improved security system. We must put security in the 
hands of the law enforcement officers. The American people, the brave, 
decent, wonderful people of this country deserve law enforcement in the 
airports. Federal law enforcement patrols the shores of the United 
States. They guard our borders. They track terrorists down. They are 
standing right now outside this Chamber protecting us and the people in 
this building. They protect the symbol of democracy.
  I ask all of you, do you want to contract out the Capitol Police? Do 
you want to contract out the U.S. Marines? Do you want to contract out 
the FBI and the Customs Service? I do not think so. If it is good 
enough for us, it is good enough for the American people. And today is 
the day to take that stand.
  We have a bill that passed the Senate 100 to nothing. Every Senator, 
Republican and Democrat, voted for that bill; and we can pass that bill 
tonight. We can put it on the President's desk later tonight. It can be 
the law of the United States of America by tomorrow morning. We do not 
have to have a conference on whether tubas should be considered carry-
on luggage. That is in the manager's amendment. We do not have to start 
worrying about whether to end the liability on the companies that 
failed us. We do not have to worry about whether the airline executives 
can have increases in their compensation.
  We can start buying machines tomorrow to check every bag, to start 
reinforcing the cockpit doors, putting more marshals on the airplanes. 
We can increase the competence of our X-ray scanners. This is a night 
to act in the people's interest. This is not a time for politics as 
usual. It is a time to do what is simply, obviously right for the 
American people.
  A lot of people have said to me, what is going on? Why can you not 
get the bill done? Well, I think yesterday's Wall Street Journal tells 
us what is happening. The companies that have the contracts, the lowest 
bidders do

[[Page 21450]]

not want to give up the contracts. So they have hired Washington 
lobbyists to come and lobby the administration and lobby the Congress 
to try to hold on to their contracts. I do not mind them wanting to 
hold on to their contracts. But in the name of God, it is time to end 
those contracts and to do what is right to make people safe.
  Finally, I urge Members to consider the people who are on the 
frontlines. I have here a note, every time I have get on an airplane 
now I get a note from the pilots. This is the note I got 2 weeks ago. 
And the pilots said, Why can you not get something done to increase our 
security? Why can you not get these simple, obvious provisions done so 
that flight attendants and passengers and pilots are not responsible 
for security?
  This is the time to act in a totally bipartisan way.
  I have been inspired by the American people in this crisis. I read a 
story the other night in the New York Times, the city of Middletown, 
New Jersey, where 250 or 300 people had been lost in September 11, in 
the World Trade Center.
  They quoted a woman who had lost her husband. She had three little 
kids and she said, before this happened I did not even know my 
neighbors' names; and she said in the last days, neighbors from all 
over this region who I had never met and never knew came and brought 
flowers and brought food and brought notes of sympathy and came and 
hugged her and held her so she could get through the horror of what she 
was facing. She said what most helped her was the sense that she, in 
the end, was not alone.
  This is a great country. We have great people, and we have to act in 
their name tonight. We have to do what is right for them. Forget 
politics, forget the lobbyists, forget contracts and simply stand 
tonight in a bipartisan way to do what is right for the American 
people. This is a great country. Let us make it safer than it has ever 
been. Let us pass the bipartisan Senate bill. Let us make it the law of 
this great country tonight.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may 
consume.
  If I thought the gentleman's words were true in the sense that that 
would happen, I would probably support the substitute. In the bottom of 
my heart, I do not believe that will happen. We will be back here and 
our people will not be safe. That is not the correct thing to do to the 
American people. Let us not kid the American people.
  Mr. Chairman, I yield 2 minutes to the gentleman from Louisiana (Mr. 
Vitter).
  Mr. VITTER. Mr. Chairman, I stand in strong support of the Young-Mica 
bill, and it is for a very simple reason, because I get on an airplane 
twice a week and my wife and my kids fly and friends and loved ones and 
family fly all the time; and in my judgment, which is the best judgment 
I have to determine my vote, I think this bill is the strongest 
security measure available. So I just want to make that clear to all of 
the Members, including the minority leader. It is not because I had 
some meeting with a lobbyist. It is because I want to protect my 
family, my friends, my loved ones, and my country.
  Let me give my colleagues one specific example which I think is a 
crucial security question that has not been focused on enough in this 
debate and that is checked baggage. I was, quite frankly, shocked to 
learn that the FAA, even after September 11, does not demand that 
baggage of a passenger who does not show up at his gate and board his 
airplane is removed before the plane takes off. That is the rule for 
international flights. It is not the mandatory rule for domestic 
flights, and I find that inexcusable after September 11.
  Under the Democratic bill, it would still not be the rule. It would 
not happen. It would never have to happen in every instance at all. 
That is simply inexcusable.
  Under the Young-Mica bill and under the manager's amendment, that 
provision would go into effect the day after the bill was signed into 
law, and every checked bag of a passenger who did not board his flight 
would be pulled before the plane took off, and that could only change 
after a 100 percent screening policy of the luggage was actually 
implemented; and by the way, that is an absolutely crucial issue that 
we must address forcefully.
  Mr. OBERSTAR. Mr. Chairman, I am very pleased to yield 2 minutes to 
the gentleman from Minnesota (Mr. Ramstad), my very distinguished 
colleague.
  Mr. RAMSTAD. Mr. Chairman, I thank the gentleman from Minnesota (Mr. 
Oberstar) for yielding the time.
  Aviation security should be a law enforcement function, not a lowest-
bid function. That is the bottom line. When we cut to the chase, that 
is really what this debate is all about. Baggage and passenger 
screening is a matter of national security, and national security 
should not be left to the lowest bidder.
  How much more evidence than September 11 do we need that this 
critical police work should be done by a highly trained Federal airport 
security force?
  Mr. Chairman, since September 11 I have talked with countless 
Minneapolis-St. Paul airport police, Northwest Airlines pilots, flight 
attendants, machinists, baggage handlers, gate agents, as well as many 
other constituents who are frequent flyers; and to a person they have 
all told me that baggage and passenger screeners should be law 
enforcement agents, not private security guards. They want screening 
done by law enforcement agents, not private security guards.
  Mr. Chairman, the people I represent want us to move quickly to 
protect air passengers and restore a sense of confidence. If we pass 
the Oberstar-Ganske bill, we could have it on the President's desk 
tonight and make flying safer tomorrow. The Oberstar-Ganske bill will 
ensure the safety of air travel with armed sky marshals, secure 
cockpits, and screening of all baggage and passengers by highly 
trained, professional, law enforcement agents. Nothing less than law 
enforcement professionals will provide the long-term security of our 
aviation system that the American people want and deserve.
  Mr. Chairman, I do not want the safety of the people of Minnesota put 
out for bids. We should not compromise the safety of any of our 
citizens. Let us do the right thing. Let us pass the substitute without 
further delay.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may 
consume.
  I wish the gentleman would stay for a moment to understand one thing. 
He is talking about yesterday, not today. Our bill changes all those 
things, and by the way, the International Brotherhood of Police 
Officers supports my bill. The best law force group in the country, 
they support my bill.
  Mr. Chairman, I yield 2 minutes to the gentleman from Ohio (Mr. 
Traficant).
  Mr. TRAFICANT. Mr. Chairman, we have today, as we speak, more 
government workers than factory workers in America. The House is 
referred to as the microwave, quick and impulsive; the other body, 
crock pot, slow, deliberative and wise. Quite frankly, I think it is 
really reversed here.
  I did not support the bill in its original form because of foreign 
ownership of these screening companies. I want to thank the leadership 
for including the Traficant language that requires American ownership 
of these companies.

                              {time}  1615

  And there will have to be developed companies that will bid for those 
services.
  But, my colleagues, the Marines in Beirut had no civilian security. 
Terrorists are not easy to stop, and we are beating up on every 
screening party in the country. Quite frankly, a free enterprise system 
cannot survive with more and more employees. We right now have 50,000 
American troops in Germany, and our borders are wide open. Is not the 
Border Patrol Federal employees? Do we not have 300,000 illegal 
immigrants in this country a year? Cannot a guerilla force of 
terrorists come through here with a nuclear device?

[[Page 21451]]

  I support the Young-Mica bill. More and more government? Bigger and 
bigger government? That is not the answer. The Young-Mica bill 
federalizes standards and supervision. And, by God, those companies 
that bid should be owned by American citizens, and this requires it. 
Right now there are not enough companies that do this. Under this bill, 
it will encourage the American companies to do the screening.
  My colleagues, we cannot micromanage all of it. And when our borders 
are wide open, what do we expect? By God, bigger government is not the 
answer, and the microwave is on the other side of the Capitol.
  Mr. OBERSTAR. Mr. Chairman, I yield myself 20 seconds to point out to 
the gentleman from Ohio, who is leaving the floor, that the manager's 
amendment does not require. It says a preference for hiring former 
employees. A requirement it be owned and controlled. It says to the 
extent that the President determines that there are firms owned and 
controlled by such citizens. They are all now owned, the major ones, by 
a foreign company.
  Mr. Chairman, I yield 2 minutes to the gentleman from Oregon (Mr. 
DeFazio).
  Mr. DeFAZIO. Mr. Chairman, there is one point of agreement, and that 
is that the existing privatized airport security system is failing the 
American traveling public.
  Now, we have a choice. We can overhaul that system or we can continue 
the status quo. Unfortunately, the Republican leadership has chosen to 
rename and dress up the existing failing system. They call it the 
Airport Security Federalization Act. They are going to require the 
private security firms to dress up their employees in Federal-looking 
uniforms with Federal-looking badges. They even say that they will be 
deputized, but given no law enforcement powers.
  Now, how is that a change? The same companies that are failing us 
today, and have failed us for 30 years, will still be running airport 
security. Securicor in the United States is under indictment, criminal 
indictment, for the second time in a year for hiring and maintaining 
known felons on staff and lying to the Federal regulators. They are 
going to have Federal regulators. What is a better Federal regulator 
than parole? These people violated their parole. Do my colleagues think 
the FAA bureaucrats can do better? I do not think so.
  Their parent company is failing in Britain. In fact, one of the 
employees of that company, senior employee, said he would not let his 
family get on an airplane out of Heathrow Airport because he was so 
worried about their lapse in security.
  So we have a choice here. We can dress up and make us feel better to 
have private security firms instead of armed Federal law enforcement 
agents providing the security of the traveling public needs, or we can 
have armed Federal law enforcement agents providing for the security of 
the traveling public needs. I think the choice is clear.
  This system has failed for 30 years, and passing this bill is going 
to make it no better. There is only one option and one option that can 
go into effect tomorrow, and that is to pass the Senate version of the 
bill, which passed the Senate 100 to 0, and give the American traveling 
public the peace of mind and the security they deserve.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield 2\1/2\ minutes to the 
gentleman from South Dakota (Mr. Thune).
  Mr. THUNE. Mr. Chairman, I thank the distinguished chairman for 
yielding me this time and thank him and Chairman Mica, Members on both 
sides, for their hard work in bringing this legislation to the floor.
  Mr. Chairman, this debate really is about public safety. That is 
after all why we are here, is to make sure we are doing everything we 
can to make sure that the traveling public in this country, those 
people who board airplanes, are safe and secure.
  Now, what is happening here on the floor is they are talking a lot 
about the means. We are talking about the end. The bottom line is 
public safety. The President of the United States has asked for the 
authority to decide whether or not at various airports that end, public 
safety, is better achieved by the use of Federal employees or by the 
use of private contractors.
  There is nothing in this legislation that excludes Federal employees 
from being used to accomplish the objective of safety. All we are 
simply saying is that the President of the United States and his 
Secretary, Mr. Mineta, who was the chairman of the Committee on 
Transportation and Infrastructure when he represented his State here in 
the Congress, have asked for the discretion to make that decision based 
upon what they view to be in the best interest of protecting safety and 
providing security at airports across this country.
  Now, Mr. Chairman, I represent a State that under the Democrat 
substitute would be considered a second class State, because six out of 
the seven airports in South Dakota would have different levels of 
safety and security applied than would the 142 largest airports in this 
country. We do not think in South Dakota that we are second class 
citizens. We think we should have the same level of safety and security 
that is applied to people boarding planes in Chicago, Boston, 
Philadelphia, New York, and L.A.
  And, secondly, we do not think we ought to be charged more for it. 
The Democrat substitute charges people who originate in smaller 
airports a higher fee because they connect.
  So, Mr. Chairman, I would simply say that we need a system in place, 
and this legislation prescribes a system which puts safeguards in 
place, not just baggage screeners but every aspect of airport and 
airline security and addresses it in a way that treats everybody 
equally. We want to make sure that people who get on planes in places 
like Pierre, South Dakota, have the same safety and security and the 
same fares as those who board planes in other parts of this country.
  Mr. Chairman, this legislation moves us in the direction of safety 
and it puts a system in place across this country that will keep people 
safe and secure when they fly. Let us adopt it.
  Mr. OBERSTAR. Mr. Chairman, I yield myself 10 seconds to make it very 
clear that there is a single standard of safety in the Senate bill that 
the gentleman from Iowa (Mr. Ganske) and I offer in which the Secretary 
has authority to apply one standard to the whole country but to 
contract out as appropriate.
  Mr. Chairman, I yield 15 seconds to the gentleman from Illinois (Mr. 
Lipinski).
  Mr. LIPINSKI. Mr. Chairman, I thank the gentleman from Minnesota (Mr. 
Oberstar) for yielding me this time. I just wanted to state, since it 
was mentioned earlier that a police union supports the Young-Mica bill, 
that the American Federation of State, County and Municipal Employees, 
AFL-CIO, is a strong supporter of the bipartisan substitute, and this 
union would wind up losing employees if our substitute is passed.
  Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
California (Ms. Millender-McDonald).
  Ms. MILLENDER-McDONALD. Mr. Chairman, today we will finally address 
aviation security, given 7 weeks after the tragic events of September 
11. Today, public safety is threatened by an unprecedented event. War 
has been declared on the American people. Therefore, it is the Federal 
Government's job to protect our country during times of war and from 
threats to our national security.
  Security at the Nation's airports should no longer be a private 
sector matter. Security must be a part of the front line of our 
national security. Therefore, to pass H.R. 3150 gives Americans the 
same old status quo and in no way provides the aviation security 
necessary to reassure the traveling public that it is safe to use our 
aviation system.
  Simply put, the private contractors who currently have the 
responsibility for screening passengers and baggage failed on September 
11 and, for that matter, for the past 3 decades. The bill

[[Page 21452]]

that we have before us, 3150, does nothing but ensure the same old 
status quo. The private contractors that we entrust through H.R. 3150 
will make the aviation system the same, with the same companies, who 
pay very low salaries, have turnover rates of over 400 percent, and 
have failed to detect dangerous objects recently planted by the GAO and 
the Department of Transportation.
  I say to my colleagues that Congress owes a duty to the American 
public to ensure the strongest level of security possible at our 
Nation's airports. Let us listen to the American people. Let us listen 
to the mayors across this country. Let us listen to the port 
authorities. Let us listen to the American people. Pass this Oberstar-
Ganske substitute bill.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield 3 minutes to the gentleman 
from North Carolina (Mr. Hayes), who is a pilot, by the way, and flies 
here and yonder.
  Mr. HAYES. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  An awful lot of work, a lot of time, a lot of hearings, a lot of 
studies have gone into this very crucial and important issue, and the 
first and last point in this debate is the security, the safety of the 
American flying public. I am a pilot. I have been to every hearing. I 
have listened to every hour of testimony. The Young-Mica bill, the 
President's position, provides the best security, the best safety for 
the American public as they fly.
  Think with me for a moment. The gentleman or the gentlewoman in the 
left seat in the front of that airliner has a piece of paper called a 
license. That license certifies that they have met the recent 
competency requirements, they have met very stringent physical 
standards, they have gone through testing, and they are competent to 
perform the job that is required of them. That pilot does not work for 
the Federal Government.
  The mechanic, the man or the woman who is at the maintenance 
facility, who keeps these aircraft maintained and flying safely, has a 
license. They are supervised by the Federal Government, but they are 
not a Federal employee.
  The men and women who guard Federal courthouses, who do an excellent 
job under extremely trying circumstances, are not Federal employees.
  The best system, based on history and present conditions, is a 
partnership using the authority, the experience, and the law 
enforcement ability of the Federal Government to set standards, ensure 
accountability, and then follow up and enforce those standards.
  The end result is the safest possible condition for the flying public 
because of the training and the enforcement for the pilots, the 
mechanics, and the law enforcement officials. That is the issue here.
  As we look at it, we all agree federalizing the standards is 
absolutely the correct thing to do. The system that we have now is not 
sufficient. It is broken, and we are going to fix it. The best way to 
fix it is with the Young-Mica and the President's position.
  If we want to look a little further, the folks who did these 
horrible, unimaginably horrible acts came through a system that was 
controlled by Federal employees. Having everyone on the Federal payroll 
does not give us the insurance or assurance that we need.
  Looking even a little bit further, under the bill of the gentleman 
from Minnesota (Mr. Oberstar), a good friend, and he has worked very 
hard and listened very carefully as well, there is a division of 
authority under that bill. Enforcement goes under DOT and screening 
goes under DOJ. Accountability comes from a firm, clear head. The 
supervision that we need, the standards that are required and the 
enforcement that comes from that gives us the safety and the security 
for the American public.
  Mr. OBERSTAR. Mr. Chairman, I would like to inquire of the Chair the 
time remaining on each side.
  The CHAIRMAN. The gentleman from Minnesota (Mr. Oberstar) has 11-3/4 
minutes remaining and the gentleman from Alaska (Mr. Young) has 10 
minutes remaining.
  Mr. OBERSTAR. Mr. Chairman, I am pleased to yield 2 minutes to the 
gentleman from Texas (Mr. Reyes).
  Mr. REYES. Mr. Chairman, I thank the gentleman for yielding me this 
time. I rise today in strong support of the Democratic substitute, the 
Oberstar-Ganske bill. It deals with airport security at a time when 
this Nation is looking to restore its confidence.
  Requiring airport screeners to be Federal employees is needed in 
order to establish an effective, uniform system of screening across the 
Nation.

                              {time}  1630

  This is essential to restoring the flying public's confidence in the 
safety of our air transportation system. The aviation security 
proposals of the gentleman from Alaska (Mr. Young) and the gentleman 
from Florida (Mr. Mica) are commendable, but they do not go far enough. 
Allowing the continued private contracting of screening services 
perpetuates the current system under which screeners are paid near-
minimum wage resulting in an average employee turnover rate of more 
than 120 percent nationally and more than 400 percent at some airports.
  Mr. Chairman, we would never consider contracting out the duties of 
the U.S. Customs Service, Border Patrol, or the Capitol Police; and it 
makes no sense to do so with airport screeners. These screeners serve 
as America's first line of defense in aviation security. If 
federalized, screeners should be paid salaries commensurate with the 
law enforcement responsibilities of screening, which involves not only 
the ability to read X-rays, but the ability to interrogate individuals 
and conduct more thorough inspections in many different circumstances. 
Only through a uniform national system with professional Federal 
screeners can U.S. travelers be secure and be sure that they are being 
protected.
  Mr. Chairman, there is a great deal at stake today in this 
legislation. This legislation is important to each and every one of us 
that gets on an aircraft once or twice a week. Every week as I go back 
to my district, people are asking why is it taking so long for the 
House to pass a bill that gives us confidence to get back on planes 
flying across this country. I urge my colleagues to support this 
legislation. It is important. It is imperative. It is the right thing 
to do.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield 9 minutes to the gentleman 
from Florida (Mr. Mica).
  Mr. MICA. Mr. Chairman, I came over to this side of the aisle to 
respond to the last speaker's comments of why this bill has taken so 
long. I will tell Members why: because I served in the minority, and 
some people when I was in the minority on the majority side treated me 
fairly, like the gentleman from New York (Mr. Towns), who I still 
respect to this day. Others treated me unfairly and never let me be 
heard. I made a determination if I ever had any position of authority 
in this House, I would treat everybody in a bipartisan, fair manner and 
hear all of the individuals, regardless of when they came to Congress 
or what their stand was; and I did that.
  Mr. Chairman, we held extensive hearings day after day, week after 
week; and we stayed there and heard from every expert throughout the 
country so we could develop the very best bipartisan bill possible; and 
we came within one word of doing that, and I acted in a bipartisan 
fashion. I thank the gentleman from Minnesota (Mr. Oberstar) and the 
gentleman from Illinois (Mr. Lipinski) for working with me. That is why 
the bill took so long. We did make every effort, and we tried to be 
fair and open and develop the best security measure for the House of 
Representatives.
  Mr. Chairman, I return to this side of the aisle, and not returning 
to a partisan side, I want to return to the factual side. First we 
heard the minority leader give an eloquent speech, and I have the 
greatest respect for the gentleman from Missouri; but he said the 
people failed, the screeners failed, and he talked about pocketknives.
  Mr. Chairman, FAA set the standards. Up to 4-inch pocketknives were

[[Page 21453]]

allowed. The screeners who were in place, in fact, were dealing with 
laws which had been passed by Federal employees by the FAA. Box 
cutters, there were no FAA restrictions on box cutters on September 11. 
We heard the minority speaker say we can get about buying machines. Let 
me show one of the flaws. Read the bill. I beg Members to read the 
bill. This bill on page 23, line 7, leaves the technology with the 
approval of the administrator of FAA.
  Part of the problem we had on September 11 is we could not get the 
best technology possible in place. In fact, this language prohibits 
this type of technology because it says nonintrusive. This is the kind 
of technology that is available. We have 1970s and 1980s X-ray 
equipment. That is what we will have tomorrow if we pass the substitute 
that is proposed. This equipment can detect plastics, and we know 
plastic knives were something smuggled on board. This bill on the 
Senate side gives us a worse position than we were in on September 10, 
and it leaves technology in a terrible position.
  We have heard if it is good enough for Congress, it should be good 
enough for the American people. I tell Members the ads that are being 
put on television by various groups are unfair. What we are proposing, 
every Member of Congress, their families, my children, my wife, will 
all be required to go through the same type of security. Read the bill 
on the other side. It creates a two-tier system. Look at page 17 and 
look at who is responsible. A two-tier system.
  Look at page 22. There are 141 levels of security at some airports 
and law enforcement, and 319 small airports are relegated to possible 
Barney Fife-type enforcement. What is ironic about their bill, and read 
the bill, I am not kidding. It leaves law enforcement in the Department 
of Transportation, just the opposite of what the other side intended to 
do.
  Technology remains with FAA, read the bill; law enforcement remains 
with the Department of Transportation. We can hire Ph.D.s to do 
screening. They are only as good as the equipment. They are only as 
good as the rules put in place. I defy anyone, come up here and show me 
one place where there is the ability to pass a rule that needs to be 
passed.
  The problem with airline security is that we cannot get a rule in 
place. We cannot get a rule to buy the latest technology. There is no 
provision in the Senate bill, so Members are worse off than they were 
on September 10 because there is no ability to get the best technology 
in place.
  Look at the provisions for the Under Secretary of Security and 
Transportation. We deal with all of these things, and we delineate them 
with a clear line of authority. This bifurcates it. The Department of 
Justice says they cannot handle it. In fact, they issued a letter and 
said it will interfere with their main responsibility right now, which 
is to deal with terrorism. This is their letter. This is what they 
said. The bill from the Senate side will actually deter their efforts 
to deal with terrorism.
  Mr. Chairman, I defy anyone in the House to take this bill and 
diagram this bill as to how it will work. We tried to do this. It is 
not only bifurcated with different levels of responsibility between 
different agencies and different levels between big airports and small 
airports, it would create a maze.
  The argument that we do not use private contractors, this is a list 
of 20-some agencies, including Department of Defense, all of our 
nuclear facilities and on and on, we use contract security personnel 
with high standards and high qualifications, as we propose in our bill.
  When Members go back, I want them to tell their constituents what 
they did if Members pass the Senate bill. It is no longer 28,000; it is 
31,000 according to Congressional Budget Office, who has looked at the 
bill from the other side.
  Other protective services, Federal protective services, 442 
employees. What failed was not the baggage screeners which we can all 
pick on because they are lowly paid now, and our bill changes that 
system. We have Federal oversight of the entire program. We have 
Federal management and Federal supervision and Federal testing and 
Federal background checks. And most importantly, we have Federal 
oversight of the whole program.
  If we want to put Federal employees someplace, there are only 4,087 
United States marshals. I called the visa section and asked how many 
people are there issuing visas. Mr. Atta got a visa from a Federal 
employee. We can put people with Ph.D.s, and Mr. Atta, if he was given 
a visa and passport approval to come into the United States, would get 
in under the Senate measure.
  Border patrol, we only have 323 border patrol people in Canada. This 
is where we should be putting our Federal employees and resources. I 
chaired the Subcommittee on Civil Service and Agency Organization for 4 
years. I tried to get performance standards for Federal employees. We 
passed it in the House, and it failed in the Senate. If we want high 
standards, it is impossible to do it in the Congress; but it is 
possible to have the best possible people with a private-public 
partnership with high standards, high qualifications and put those 
provisions in place. The choice is clear, my colleagues; and I hope 
Members put politics aside and put security for all traveling Americans 
in the forefront.
  Mr. OBERSTAR. Mr. Chairman, I yield 30 seconds to the gentleman from 
Illinois (Mr. Lipinski).
  Mr. LIPINSKI. Mr. Chairman, I want to go on record as saying that the 
gentleman from Florida (Mr. Mica) has done an outstanding job trying to 
bring everybody into this process. He put a tremendous amount of time 
into it. I certainly appreciate that, and I know everybody on this side 
appreciates it very much.
  We do not know where the 31,000 figure comes from. I know that it 
comes from the Congressional Budget Office, but it is really up to the 
President to determine how many there will be. Members have to remember 
that we do enplane over 600 million passengers in this country every 
year.
  Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the gentleman from 
Illinois (Mr. Costello).
  Mr. COSTELLO. Mr. Chairman, I rise today in opposition to the bill 
and in strong support of the bipartisan substitute. I support the 
substitute offered today as it has already passed the United States 
Senate and will be sent directly to the President if passed by this 
body today.
  The substitute contains many of the provisions that I and other 
Democrats on the Subcommittee on Aviation introduced on September 14: 
more sky marshals, limiting carry-on luggage, putting the Federal 
Government in charge of security at our Nation's airports, and having 
professional, career law enforcement officials in charge of baggage 
screening and security in general.
  It is the last point that some Members of this body cannot accept, 
despite the overwhelming approval of the American people in passing the 
United States Senate by 100 to zero. Currently, privately contracted 
baggage screeners earn about $6 an hour, and receive little to no 
training. At Lambert International Airport in St. Louis, the turnover 
rate has been as high as 400 percent. Many of these screeners are not 
U.S. citizens, which contributes to language barriers; and it makes it 
difficult for us to perform background checks on them. It simply makes 
sense to make sure these positions are filled with career law 
enforcement professionals.
  How can we expect the FBI, CIA, and other career law enforcement 
professionals to share sensitive information about potential terrorists 
with noncareer contract employees who will only be on the job a few 
weeks? The substitute bill makes the Federal Government responsible for 
hiring, training, and ensuring that we have a functional, properly 
trained workforce.
  Federal law enforcement professionals, career professionals at the 
Secret Service protect the President, the Vice President, the White 
House. Federal law enforcement career professionals protect Members of 
Congress and the U.S. Capitol. Federal law enforcement career 
professionals protect the Supreme Court Justices and the Supreme Court, 
and Federal law enforcement career professionals should

[[Page 21454]]

be responsible for security at our Nation's airports and protecting the 
flying public and the American people. I urge passage of the 
substitute.
  Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the gentleman from 
New York (Mr. Nadler).

                              {time}  1645

  Mr. NADLER. Mr. Chairman, in the 2 months since September 11, we have 
not passed an aviation security bill because of one issue: Should 
Congress sit back and allow private security companies to continue to 
provide the so-called security at our airports? Or should we mandate 
that security be handled by professional Federal law enforcement 
personnel? These private security companies, despite what people say 
about Federal supervision, would not work. They have committed 
thousands of screening violations. They have been charged millions of 
dollars in fines by the supervisors, and yet they are even now failing 
to conduct proper background checks, hiring convicted felons and lying 
about it.
  The Democratic substitute will make our airports secure by entrusting 
security to professional law enforcement officials. It is not an 
unreasonable request. The Senate voted for it 100-to-nothing. 
Unfortunately, the House Republican leadership is putting the lives of 
millions of Americans at risk by opposing Federal airport security on 
the ideological grounds that we should not increase the number of 
Federal employees. I do not recall anyone objecting in 1942 to plans to 
hire 10 million new government employees in order to enlarge the Army 
and the Navy to create additional divisions and air wings to fight 
World War II. The argument is just that absurd.
  All security functions are, and should be, handled by the Federal 
Government, the FBI, the CIA, the Coast Guard, the Border Patrol, the 
INS, the Armed Forces, all except our airport security. Nobody 
advocates hiring mercenary soldiers or sailors or private police to 
replace the FBI. The results of making an exception for airline 
security are now all too evident.
  The American people demand airline safety. The American people demand 
a Federal enforcement force. And they will not stand for petty 
political considerations blocking proper law enforcement and proper 
safety to protect our lives when we fly.
  I urge my colleagues to vote for law and order. I urge my colleagues 
to vote for airline safety. I urge my colleagues to vote for the 
Democratic substitute.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the distinguished 
gentleman from New Jersey (Mr. Pascrell).
  Mr. PASCRELL. Mr. Chairman, the passengers want it overwhelmingly, 
the pilots want it unanimously, the Senate wants it unanimously. What 
happened to us? We must know something they do not know. Where are we 
on this issue, anyway? Let us take a look at the Record.
  Airport fast food restaurants are paying higher than those folks that 
have been hired to screen. What are we going to get? We are going to 
get what we pay for. It is no wonder that the number of people that are 
turning over in every airport is astronomical. In Atlanta, the airport 
in Atlanta, Georgia, over 400 percent turnover in a 2-year period of 
time. You get what you pay for.
  You are simply painting an old system to make it look differently. 
You are camouflaging it and you are putting my family at risk and I do 
not like it. Americans do not like it. They have made it very, very 
clear. This is a national security issue. We better stand up for our 
own families.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the gentlewoman from 
California (Ms. Pelosi).
  Ms. PELOSI. Mr. Chairman, I thank the distinguished gentleman for 
yielding time and for his leadership on this issue.
  Mr. Chairman, 7 weeks ago, terrorists used our own commercial 
airliners as deadly weapons against us. For years transportation 
experts have blown the whistle on airline security and today we have an 
opportunity, indeed a responsibility, to make the change necessary to 
make America's skies safe for Thanksgiving.
  Mr. Chairman, for too long the airline industries and their private 
screeners have not only neglected public safety, they have made a 
decision against it. Today, we should not support the dangerous status 
quo. Instead, we should vote a public indictment against a system which 
has failed to train screeners, which has failed to invest in human 
resources and has failed the American people.
  That is why 100 percent of the United States Senate voted for a 
proposal that the gentleman from Minnesota (Mr. Oberstar) and the 
gentleman from Iowa (Mr. Ganske) are presenting to us today. I urge my 
colleagues to support that amendment. Ensuring our personal security is 
a bedrock responsibility of government. Support the Oberstar-Ganske 
substitute.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the distinguished 
gentlewoman from Florida (Ms. Brown).
  Ms. BROWN of Florida. Mr. Chairman, it is incredible to me that 7 
weeks have passed since September 11 and this is the first security 
bill that we have brought to the floor, although we immediately brought 
up the $15 billion bailout for the airline industry as they were laying 
off 100,000 workers and not one dime for the workers.
  On October 11, the Senate passed a bipartisan aviation safety bill 
100-0. I keep hearing over and over again from my colleagues that this 
is not a perfect bill. I have been here 9 years and I have not seen a 
perfect bill, but this bill the Senate passed is a perfect start. It is 
a perfect start and we have much more work to do.
  As we speak today, there are schools that are training people from 
terrorist countries, paying them $25,000 in cash, and we have not done 
anything about that. The Bible says to whom much is given, much is 
expected. The people of this country are expecting much from the people 
of this House. Let us pass the Senate bill.
  Mr. OBERSTAR. Mr. Chairman, may I inquire of the time remaining in 
general debate?
  The CHAIRMAN. The gentleman from Minnesota (Mr. Oberstar) has 2\1/4\ 
minutes remaining and the gentleman from Alaska (Mr. Young) has 1 
minute remaining.


                         Parliamentary Inquiry

  Mr. OBERSTAR. I would like to propound a parliamentary inquiry, Mr. 
Chairman.
  The CHAIRMAN. The gentleman will state it.
  Mr. OBERSTAR. Mr. Chairman, is it correct that under the rule, the 
manager's amendment is not subject to change except for unanimous 
consent?
  The CHAIRMAN. Under the rule, the amendment cannot be amended. 
However, the offerer of the amendment by unanimous consent could modify 
the amendment while it is pending.
  Mr. OBERSTAR. I raise the issue because there are questions moving on 
the floor from Members that promises have been made regarding the 
manager's amendment, and as the Chair just indicated, the manager's 
amendment is not subject to change unless unanimous consent is asked 
and obtained.
  Mr. Chairman, I yield 1 minute to the distinguished gentleman from 
Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Mr. Chairman, yesterday may have been Halloween, but 
we are scaring the American public today. They know that we have a 
failed system of privatization. They know that hundreds of airports 
across the country deserve a unified system. They know that the FAA has 
powers that it has failed to put into effect. They know that time after 
time, private contractors have missed the mark. Putting costumes on 
private rent-a-cops, calling them Federal officials, naming the bill 
federalization does not give the level of confidence the public wants. 
It may be a treat for the private contractors but it is a sad trick on 
the public.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the distinguished 
gentlewoman from Florida (Mrs. Meek).
  Mrs. MEEK of Florida. Mr. Chairman, the well-known definition of 
insanity holds that when we repeatedly

[[Page 21455]]

do the same things that we have done before without any meaningful 
change but somehow expect the result to be different this time, that is 
insanity.
  Our experience tells us when we do only that which we have done 
before, we can expect the same outcome, the same result. We cannot 
allow these failures to continue. We must support the Oberstar-Ganske 
substitute bill. It makes sense. It is not insanity. The rest of the 
verbiage I have heard today is insanity.
  Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time.
  The CHAIRMAN. The gentleman from Minnesota is recognized for 30 
seconds.
  Mr. OBERSTAR. Mr. Chairman, I just want to point out that there were 
references made earlier in debate to the complex way in which security 
would be organized under the bipartisan bill. In fact, it is not 
complex at all. The bill provides very clear lines of responsibility. 
The bipartisan substitute outlines who is responsible for what. The 
Justice Department is responsible for four aviation security areas: 
Passenger and baggage screening, including training of personnel; 
guidelines for Federal air marshals; background checks of aliens; and 
notifying critical persons about who may pose a risk to aviation 
security.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself the balance of my 
time.
  The bipartisan bill was very close, up to one word, and I got 
derailed. The bill that is being suggested as a substitute is a 
bipartisan bill in only some people's minds and it does not give us the 
security, as I have mentioned before. We do change the system. I have 
heard people say it is the same old system. We do federalize. We do 
supervise. And we do, in fact, nationalize in some cases. We give the 
latitude to the President, do what is best for the best security for 
our flying passengers. That is what my bill does.
  The Senate bill does nothing. I will not be part of that which kids 
the public. I want to go to conference. I have committed, the President 
has committed to going to conference. We will write a bill with the 
help of the gentleman from Minnesota (Mr. Oberstar) very similar to 
what our bill is, which he agreed to, and he knows that.
  I am certainly chagrined at the fact that we are letting the Senate, 
and since when has the Senate become the gurus of transportation, I ask 
the gentleman from Minnesota? They are not. I believe we are.
  I am going to suggest that we vote for the Young-Mica bill, make it 
the right bill, go to conference and do the job correctly.


                      Announcement by the Chairman

  The CHAIRMAN. The Chair would ask Members of the House one more time, 
not to characterize Members of the other body.


                        Parliamentary Inquiries

  Mr. YOUNG of Alaska. Mr. Chairman, I have a parliamentary inquiry.
  The CHAIRMAN. The gentleman will state it.
  Mr. YOUNG of Alaska. Mr. Chairman, we are discussing the Senate bill, 
it has been brought up numerous times, and I think we have a right to 
speak of the Senate bill. I will continue to speak of the Senate bill. 
It is the Senate bill.
  Now you can answer my parliamentary inquiry if you would like to. The 
parliamentary inquiry is why could I not?
  The CHAIRMAN. The Chair would remind Members that they are free to 
discuss the contents of a pending bill that comes out of the Senate. 
However, the Chair would just remind Members to try not to characterize 
Senators.
  Mr. OBERSTAR. Parliamentary inquiry, Mr. Chairman.
  The CHAIRMAN. The gentleman from Minnesota will state it.
  Mr. OBERSTAR. The measure pending is the substitute that I have 
offered in my name and on behalf of the gentleman from Iowa (Mr. 
Ganske). Is that not correct?
  The CHAIRMAN. The measure pending is H.R. 3150.
  Mr. OBERSTAR. Yes. But the substitute, which has been referred to, 
that is provided for in the rule, which I will offer for myself and for 
the gentleman from Iowa (Mr. Ganske), is the measure, it is the 
substitute, is a House provision, is a House measure. Is that not 
right?
  The CHAIRMAN. What it would be is an amendment to be offered by the 
gentleman from Minnesota.
  Mr. OBERSTAR. So the Chair's admonition about reference to measures 
from the other body is appropriate.
  The CHAIRMAN. The Chair was addressing references to the Senate bill.
  Mr. OBERSTAR. I thank the Chair for the clarification.
  Mr. NETHERCUTT. Mr. Chairman, I rise to speak today in favor of H.R. 
3150 and its provisions relating to assistance for small airports. 
Though disagreements remain how to permanently improve security 
screening at all airports, it is heartening to see a bipartisan effort 
to solve the current problems with airline security. I am encouraged by 
the bill's content in all areas and hope this important piece of 
legislation is passed.
  Mr. Chairman, two small commercial airports in my district, Pullman-
Moscow Regional Airport and the Walla Walla Regional Airport, have been 
severely affected by the enhanced security directives and the 
regulations imposed on parking and ``loop roads'' instituted after the 
tragic events of September 11th. The restrictions placed on passenger 
vehicle access to the terminal and parking were prudent in the 
immediate aftermath of the attacks, but their prolonged presence has 
resulted in the closure of many small businesses across the country. 
Two small businesses located in the Walla Walla Regional Airport either 
directly, or indirectly, were forced to close due to these 
restrictions. I know many of my colleagues have small airports and 
aviation-related businesses in their districts facing similar 
hardships.
  Many airports in rural areas act as a vital link between the 
economies of small communities and large cities. I commend the 
Chairman's foresight to preserve the viability of these airports by 
allowing Airport Improvement Program funds to be used to hire, train, 
compensate or reimburse law enforcement personnel.
  Some security measures, such as the screening of baggage and a law 
enforcement presence at checkpoints, must be applied uniformly to all 
airports in order to fulfill America's larger mission of securing our 
National Airspace System; however, state and local officials can better 
assess the threat to the terminal itself based on the unique 
characteristics of each airport. For instance, terrorists thrive on 
maximizing carnage and destruction with the few resources in their 
possession. Though the horrible crimes perpetrated on September 11th 
can easily be painted as irrational, terrorists tend to be very 
rationale in their target selection. Using this analysis, small, rural 
airport terminals are less attractive targets because of the limited 
number of people using them and their geographical distance away from 
major populations.
  I am pleased the FAA has come to realize that the financial hardship 
incurred by smaller airports is largely disproportionate to their level 
by rescinding the ban on parking last week at Class IV airports. 
However, slightly larger Category III airports continue to face these 
hardships. Without flexibility in certain areas, the economic burdens 
placed on small airports and regional airlines to cover these 
enhancements will result in a severe contraction of our air 
transportation system.
  I am pleased that Section 22 of this bill recognizes the need for 
flexibility in this area by allowing local airport operators, in 
consultation with appropriate state and local law enforcement 
authorities, to conduct a threat assessment of the airport facility to 
determine the necessity of the 300-foot parking restriction at all 
airports. I have the utmost confidence in local officials to decide how 
best to mitigate the threat to smaller, low-risk airport terminals.
  I strongly urge my colleagues to pass H.R. 3150. This bill is 
flexible and will enhance the security of our transportation 
infrastructure while limiting the financial mandates on vulnerable 
airports like those in my district.
  Mr. KIND. Mr. Chairman, aviation security is a matter of national 
security. In the wake of the September 11th attacks, when the 
terrorists were able to take weapons on board four separate flights 
with ease, it is vital that the Congress act now to pass comprehensive 
legislation to prevent future assaults. We must take this opportunity 
to make our nation's skies safe for all Americans.
  Mr. Chairman, we must act now to plug the holes in our aviation 
security network. We need to invest in technologies that can screen all 
luggage that is checked onto a plane, and not settle for the low 
percent that is x-rayed now. We must pay and train our passenger 
screeners more so that they will have the tools they need to perform 
their jobs effectively. We

[[Page 21456]]

must also invest in security measures at airports to ensure that the 
people who work in and around grounded planes are authorized to do so. 
And finally, we must invest in technologies that will make our planes 
safer, including stronger cockpit doors and other security measures so 
passengers and crew are protected during flight.
  Mr. Chairman, experts agree that our current airline security system 
is broken. We need to invest in technology and people to make sure that 
both our airplanes and airports are symbols of safety and freedom, not 
outlets for attacks on America. For this reason I support the 
bipartisan Ganske/Oberstar substitute.
  Mr. GILMAN. Mr. Chairman, I rise in support of H.R. 3150, the secure 
transportation for America act of 2001 which addresses a variety of 
important security issues within our nation's air transportation 
system. Airline security is arguably the most pressing national 
security matter facing our nation today and it is high time for 
Congress to move forward on this issue. In contrast to the competing 
legislation on this issue, H.R. 3150 will allow our nation's federal 
authorities to make quick and effective changes to the inadequate 
airport security system currently in place. Within three months of 
implementation, this bill will establish the transportation security 
administration (TSA), an independent agency in the Department of 
Transportation that will be responsible for overseeing our nation's 
airline security. This new agency will move quickly to place uniformed 
federal law enforcement officers at passenger and baggage check-in 
points to supervise the screening process. It further mandates that the 
Federal Government will conduct background checks on passenger and 
baggage screening personnel who will also be subject to much stricter 
employment requirements. Moreover, H.R. 3150 not only authorizes $500 
million for cockpit reinforcements but it also dramatically expands the 
Federal Air Marshall Program. Mr. Speaker this is a balance and 
pragmatic approach to reforming and enhancing our Nation's airline 
security system. I join President Bush, Governor Pataki, Mayor 
Giuliani, and the Fraternal Order of Police in supporting this measure 
and I urge my colleagues to vote ``yes'' on the measure.
  Mr. JONES of North Carolina. Mr. Chairman. In the days and weeks 
since September 11 it has become evident that the United States has a 
long way to go in order to improve aviation security. There is a 
critical need to develop a security system that far surpasses anything 
that exists in Europe or Israel as well as rigorous Federal oversight 
of security measures that strike a balance to ensure that civil 
liberties are not endangered while protecting the safety of passengers 
and crew.
  HR 3150, the Secure Transportation for America Act of 2001, overhauls 
the antiquated security systems that failed the American public. It 
requires the Administration to adopt tight standards for screening 
passengers and baggage and makes all screening processes, background 
checks and testing subject to strict federal oversight. HR 3150 also 
expedites the deployment of more Federal Air Marshals and directs the 
Federal Aviation Administration to take steps to strengthen cockpit 
doors.
  There has been a great deal of talk about federalizing almost 30,000 
security screeners at our nation's airports. In the wake of September 
11 that sounds on the surface to be positive, but Mr. Speaker, it is 
not the long-term solution the American people need because it will not 
automatically improve security.
  Previous experiences with various federal workforces, in particular 
the Immigration and Naturalization Service, is an example of a federal 
workforce that faces difficulties performing at acceptable levels of 
accountability. Time and again taxpayer dollars are spent to fund 
agencies that talk a good game while training through a difficult 
learning curve and providing very little in the way of actual services.
  Another problem with federalization of airport security would be how 
to best transition from private screeners to federal screeners. It is 
unclear how quickly a federal workforce could be assembled, possibly 
putting security improvements on hold, thereby inadvertently increasing 
the vulnerability of air travelers and cargo.
  The bill before us today replaces the current failed system. It 
requires the federal government to take over responsibility for the 
screening of passengers and property on passenger aircraft. The federal 
government can do this by contracting with a security company to 
perform this task with rigorous Congressional oversight. This is the 
necessary tool to ensure both a safe and secure aviation system.
  There is an old saying that the most permanent thing in Washington is 
a temporary federal program. Our friends on the other side of the aisle 
want you to believe that a federal aviation security force will be the 
answer to our problem of airline security simply because the Senate 
passed the same version 100-0. I would respectfully submit that just 
because the Senate unanimously supports their plan does not mean that 
this House will serve as a rubber stamp for bad legislation.
  The American people deserve to feel safe when they fly. They also 
deserve and demand an accountable federal government. I believe 
strongly in the free enterprise system and I further believe that the 
least economical and least efficient way that you can do anything is to 
give the federal government more power.
  Lastly, I want to touch on the issue of arming flight crews. Many of 
our civilian pilots served in the armed forces as soldiers and airmen 
and thus have extensive previous experience with firearms. I believe 
this proposal has merit. As long as the program is voluntary and not 
compulsory and the cockpit crew has the necessary training in firearms, 
I believe it is more than appropriate for firearms to be present in the 
cockpits on commercial flights.
  The cockpit must be defended and every man and woman on the flight 
crew has a role in that defense. In fact, according to a recent public 
opinion poll conducted by the Winston Group, 77 percent of Americans 
who favor gun control also favor arming flight crews.
  We have the critical task before us to pass an aviation safety bill 
that will reassure the travelling public that it is again safe to fly. 
From bolstering airport security to authorizing Federal Air Marshals to 
reinforcing cockpit doors, HR 3150 is the first step in ensuring secure 
commercial aviation.
  Mr. DELAHUNT. Mr. Chairman, I will address separately the 
deficiencies of this bill in regard to airline security. But there are 
parts of the manager's amendment that have nothing whatsoever to do 
with airline security.
  In September, we passed legislation that limited the liability of air 
carriers to the victims of the September 11 attacks. This amendment 
would expand that limitation to other parties yet unnamed and unknown, 
who face potential liability.
  Some of the parties covered by this sweeping provision may well be 
entitled to relief. But the language would limit liability, grant 
immunity from punitive damages and waive prejudgment interest even for 
private airport security contractors who wantonly, recklessly or 
maliciously hired convicted felons or failed to check for weapons.
  Nobody is seeking to hold responsible those who bear no blame for 
what occurred. But this amendment lets companies off the hook even if 
they knowingly engaged in conduct that put Americans at risk on that 
fateful day.
  It caps plaintiffs' attorneys fees, making it even harder for victims 
to pursue meritorious claims in court. And it stacks the deck still 
further by placing no comparable limit on the amounts that corporate 
defendants can pay their lawyers.
  These measures come barely a week after the House voted for a so-
called ``economic stimulus'' package that gives away billions of 
dollars in tax rebates to U.S. corporations free-and-clear. Including 
$1.4 billion to IBM and $833 million to General Motors. All-in-all, 
$3.3 billion to seven blue-chip corporations, none of whom--none of 
whom--suffered specific harm as a result of the terrorist attacks.
  At least that giveaway did not reward wrongdoers at the expense of 
their victims. The giveaways in this bill do.
  I urge support for the bipartisan substitute and defeat of the 
amendment.
  Mrs. MINK of Hawaii. Mr. Chairman, America's confidence has been 
severely weakened by the tragic events of September 11, 2001. People 
will not fly until they feel safe! Hawaii's hotels and beaches are 
empty while people wait for Congress to assure us that it is safe to 
fly. We gave the airline industry their money ten days after the 
terrorist attacks but our Republican leadership has delayed for two 
weeks after the Senate passed its version by a vote of 100 to zero.
  I believe airport screeners should be federal employees. 80 percent 
of the American public supports federalizing airport baggage screeners. 
The Association of Flight Attendants and the Air Line Pilots 
Association, our front line employees, support federalizing the 
screeners. The current system does not work. The workers are poorly 
paid and poorly trained, with a turnover rate of more than 120 percent 
nationally and more than 400 percent at some airports. Safety of our 
airplanes requires upgrading these important employees who are our 
first line of defense.
  Airport Screening personnel should have the same benefits of federal 
law enforcement officials. These workers must be able to work with 
sophisticated machinery, be adequately trained, and will be responsible 
for ensuring nothing hazardous gets on our airplanes. These extremely 
important workers deserve to

[[Page 21457]]

have pay and benefits commensurate with other federal law enforcement 
officers.
  Opponents contend that the hiring of federal employees will create a 
bureaucracy that will not allow the government to fire employees for 
poor performance. This is simply not true. There are specific 
provisions that allow the government to fire workers who do not 
perform.
  Despite the intense media attention on airports and airport 
screeners, we continue to have serious breaches in security. A man 
carried a loaded gun onto an airplane, one-third of airport screeners 
at Dulles airport failed a ``pop quiz'' on their fundamental duties, 
and undercover agents have continued to slip through security 
checkpoints with knives and box-cutters. If these private companies 
cannot adequately secure our airplanes when the pressure is on them to 
shape-up, how can we trust them in the future when the publicity fades?
  The Democratic substitute is not a perfect bill but it is a more 
effective bill than the underlying bill. It will reinforce the cockpit 
door and make it impenetrable to intruders. It will expand the air 
marshal program to hire, train, and deploy more air marshals and 
require airlines to seat them. It will require flight crews to be 
better trained in hijack prevention and require the Department of 
Justice to conduct a study on giving flight attendants non-lethal 
weapons to protect themselves.
  The substitute also leaves open the possibility for the 
implementation of various technologies to deter terrorist attacks, both 
on the airplane and in the airports. I am hopeful it will include 
cameras that look into the cabin so the pilots can see what is 
happening and in addition provide radios that let flight attendants 
communicate with the pilots. I am also hopeful that devices that allow 
pilots to land the plane safely in the event of smoke in the cockpit 
become standard equipment on all commercial planes.
  The bottom line is people will not fly until they feel safe. They 
will not feel safe until the federal government regains their 
confidence by giving our passengers the best security possible; a 
professional, federal screening security workforce. The Republican bill 
continues the status quo; using low-bid private contractors that will 
continue to suppress salaries and benefits and leave the workers 
wanting to leave their jobs for higher paying jobs in the airport, such 
as the coffee-shop.
  I am disappointed that this bill allows guns in the cockpit. If we 
are going to seal off the cockpit and not allow anyone in or out, what 
is the point of having a gun in the cockpit. I would favor having a gun 
in the cockpit to be used only if someone gains access to the cockpit, 
but not to allow a pilot to ever leave the cockpit to confront anyone. 
The pilots only job should be to fly the plane. They should never leave 
the cockpit, risk losing control of the plane, and hazard all the lives 
of the passengers.
  I am also disappointed that this bill still does not include 
provisions that provide much needed assistance for the hundreds of 
thousands of laid-off workers. I remain hopeful that after we have 
established a federal screening workforce, the House will immediately 
move to give workers relief by extending unemployment compensation for 
26 additional weeks, raising the unemployment benefits, and paying for 
a full 72 weeks of COBRA or Medicaid health insurance.
  Mr. CLEMENT. Mr. Chairman, all of us gathered today know that 
aviation security must be radically improved. The current system is 
clearly broken. And fixing it is of dire importance to the American 
traveler, and to the nation at large. For we are a country built on 
travel. The freedom of mobility is not a convenience for Americans, but 
a way of life.
  That is why I support the bill that our colleagues in the Senate 
passed 100-0, as I have supported other plans that address the need for 
drastic improvements in aviation security. The Senate unanimously 
adopted this plan because it knows that federal screeners at our 
nation's biggest airports will restore public confidence, and pubic 
confidence will restore ailing airlines and our desire to travel. With 
a recent Washington Post poll showing that 82% of all passengers 
support federal screeners, our path is clear. All we need to do now is 
follow it.
  The bipartisan substitute before us recognizes that airport security 
is the first line of defense against terrorism. And, that national 
security is the foremost responsibility of the federal government. We 
don't contract out the military, the FBI, the CIA or for that matter, 
the Capitol Police, Federal workers guard our borders through INS and 
Customs. We should not expect less for those protecting the safety of 
our skies.
  But, perhaps most importantly, I believe that federal screeners at 
the large airports and local law enforcement at smaller airports is the 
best way to address the need for greater security right now. By passing 
this substitute, we can quickly present a bill to the President for the 
signature which he has pledged. I recognize the need to build a 
bipartisan solution to this pressing problem and that is what this 
substitute offers. It addresses the main issues that both sides agree 
must be changed and takes a measured approach to the federalization of 
the screener workforce. I believe that this is the kind of common 
ground we must build in order to make the improvements to aviation 
security that the American public demands.
  This bipartisan substitute is the best choice for the nation. We must 
act now to secure our aviation system and get people traveling once 
again. I urge my colleagues to vote for the measure before us.
  Mr. CONYERS. Mr. Chairman, I rise in strong opposition to the 
Manager's amendment and in support of the Democratic substitute.
  Airport security is a legitimate federal responsibility. Just as we 
protect our borders, guard against smuggling, and protect against 
illegal drugs, we must also protect our citizens against terrorists who 
board our planes and travel our skies with guns, knives, and bombs.
  However, the Manager's amendment does not accomplish this. Instead, 
this amendment expands the provision that we already passed, limiting 
liability for airlines that were used by terrorists on September 11, 
2001 and applies that provision to ``any person liable for any damages 
arising out of the hijacking.'' This would limit the liability of 
everyone, including an airport security company that allowed terrorists 
to get on a plane with box cutters.
  Even worse, the liability provisions go far beyond the protections 
included in the airline bailout bill we passed in September. This is 
because the amendment totally bans punitive damages, eliminates 
prejudgment interest, mandates collateral source, and limits victims' 
attorneys' fees. All of this was done without the benefit of a single 
hearing or any consideration by the Judiciary Committee. And all of 
this harms the victims.
  Members should know that these provisions are far more extreme that 
the liability relief requested by the supposed beneficiaries of the 
provisions--the owners of the World Trade Center and the airplane 
manufacturers. This amendment is too broad, benefits the wrongdoers, 
and would have a number of harmful and unintended consequences for 
victims of terrorism. Please vote no on the manager's amendment and 
support the Democratic Substitute. Passing this manager's amendment 
constitutes special interest legislating at its worst. It is wrong and 
I urge the Members to reject it.
  Attached is a section-by-section description of the liability 
limitation provision in Managers amendment:
       On September 22, 2001, the ``Air Transportation Safety and 
     System Stabilization Act'' was signed into law by the 
     President. In addition to providing federal assistance to the 
     airline industry, it provided for a two track liability 
     system. The first track creates a victim compensation fund, 
     which provides victims of the September 11, 2001 terrorist-
     related aircraft crashes at the World Trade Center, the 
     Pentagon, or site of the aircraft crash in Shanksville, 
     Pennsylvania, with compensation. Specifically, the 
     legislation authorizes a Special Master, appointed by the 
     Attorney General, to review claims, within 120 days, 
     submitted by claimants. Negligence is not required to be 
     established to obtain compensation under this track. Funds 
     for this victim compensation fund are taken derived from 
     authorized funds from the federal government.
       The second track is available to persons who elect not to 
     pursue the victim compensation fund. These individuals can 
     pursue a more traditional tort claim based on negligence. But 
     if the claim is against American or United Airlines, it must 
     be brought in the District Court of the Southern District of 
     New York, where all the cases are to be consolidated. In 
     these cases, liability is limited to the amount of available 
     insurance.
       The Manager's amendment does not disturb the Victim's 
     Compensation Fund. However, it does amend the second track to 
     expand the number of companies eligible to benefit from the 
     liability limitations available described above and to add 
     new limitations, namely eliminating punitive damages, 
     eliminating prejudgment interest, mandating collateral source 
     and capping victims attorneys fees. The following is a more 
     detailed summary of the Section 201 of the Manager's 
     Amendment.
     Limiting liability for unnamed and unknowable parties 
         (section 408 (a))
       The amendment would expand current law from limiting the 
     liability of air carriers to limiting the liability of ``any 
     person'' liable for any damages arising out of the September 
     11, 2001 hijacking and crashes. Under this new provision, the 
     Federal government is asked to go far beyond the two named 
     defendants that it currently protects in the Air

[[Page 21458]]

     System Stabilization Act (United Airlines and American 
     Airlines). In fact, this provision requires the government to 
     assume liability for ``unnamed parties'' including possible 
     bad actors. Although this new amendment would provide 
     coverage for those who have asked for and may well warrant 
     relief (such as the owner of the World Trade Center and the 
     Boeing Corporation), it would also limit the liability of the 
     screening companies whose negligence may have allowed the 
     hijackers to enter the aircrafts with weapons. This expansion 
     of the legislation would allow hundreds of unknown parties to 
     have protection against liability whether the protection is 
     warranted or not. At a minimum, those eligible for limited 
     liability should be identified, their insurance coverage 
     ascertained, and the need for this protection substantiated. 
     As a result, this bill shifts untold amounts of liability to 
     the federal government with no substantiation.


                limits on damages (section 4088 (b)(4))

       The amendment would impose a new limitation on damages 
     injured victims can recover by stating that a party of the 
     action is not liable beyond the amount of its insurance. The 
     bill also specifically provides that any responsible 
     defendant shall not be held responsible for (1) punitive 
     damages or (2) interest prior to the judgment. It also limits 
     the amount of recovery an injured plaintiff can receive by 
     subtracting from the award any amounts the plaintiff may have 
     received from other wrongdoers (collateral source).
       (1) Punitive damages are monetary damages awarded to 
     plaintiffs in civil actions when a defendant's conduct has 
     been found to flagrantly violate a plaintiff's rights. The 
     standard for awarding punitive damages is set at the state 
     level, but is generally allowed only in cases of wanton, 
     willful, reckless or malicious conduct. These damages are 
     used to deter and punish particularly egregious conduct.
       Eliminating punitive damages totally undermines the 
     deterrent and punishment function of the tort law. The threat 
     of meaningful punitive damages is a major deterrent to 
     wrongdoing, and eliminating punitive damages would severely 
     undercut their deterrent value since reckless or malicious 
     defendants could find it more cost effective to continue 
     their callous behavior and risk paying small punitive damage 
     awards. If a baggage screening company hired a felon, the 
     company could normally be held liable for punitive damages. 
     However, this proposed provision could remove the ability of 
     a victim to make such a claim.
       (2) Interest payments are an added incentive to move the 
     judicial process along because a delay would result in a 
     penalty of added interest to the judgment. Without the threat 
     of added interest payments defendant attorneys may be prone 
     to delay proceedings because the real dollar value of a 
     judgment amount would be reduced, making the judgment the 
     same no matter how long the process. Both Virginia and New 
     York law allow for pre-judgment interest in certain cases. 
     Limiting interest would unfairly affect the judgment award 
     collected by the victims and leave them vulnerable to a 
     delayed judicial process.
       (3) Collateral source reduction would mandate the reduction 
     of the amount of the victims' award by collateral source 
     compensation received by the claimant or that the claimant 
     may be entitled to, such as health or disability insurance. 
     Neither New York nor Virginia require the court to reduce an 
     award by collateral source compensation. There are two 
     problems with this change:
       First, a reduction of a victims award due to collateral 
     source compensation would result in wrongdoers escaping their 
     responsibility. This amendment subtracts any other potential 
     sources of recovery the victim may have from any damages the 
     wrongdoer should pay. Losses caused by negligence or 
     wrongdoing would be shifted from liable defendants to the 
     government or private insurers who made the ``collateral 
     source'' payment.
       Second, the amendment does not require that the victim is 
     actually able to collect from the insurance policy or other 
     collateral source for the wrongdoer to escape responsibility. 
     The amendment only requires that the victim be entitled to 
     recovery from some other source.
     Caps on attorneys' fees (section 408(b)(5))
       This provision limits victims attorneys' fees by making 
     them subject to court discretion and by limiting the amount 
     charged to 20 percent of the damages ordered by the court or 
     the settlement. An attorney who violates this limitation will 
     be fined up to $2000, imprisoned for a year, or both. Neither 
     New York nor Virginia allow attorneys' fee caps. Instead, 
     those states require a lawyer's fee to be reasonable.
       Fee caps result in less access to justice for lower income 
     populations. A payment ceiling or fee cap limits the economic 
     incentive for attorneys to take on complex or difficult-to-
     prove claims under the contingency fee system. In turn, this 
     would make it much more difficult for lower income 
     populations to secure good representation.
       Further, this proposal is one-sided because it only applies 
     to plaintiffs' attorneys. It is blatantly unfair to allow 
     defendants to spend unlimited amounts of money on 
     representation while plaintiffs, even when dealing with the 
     same legal issues, are severely limited in how much they can 
     spend.
     One way disclaimer (section 408(d))
       This amendment provides a disclaimer which states that 
     nothing in the section implies that a person is liable for 
     damages arising out of the hijacking and crashes of September 
     11, 2001. The language in the amendment as written is one-
     sided. If it was neutral, it would provide that nothing in 
     the section implies that a person is liable or not liable for 
     damages arising out of the September 11, 2001 hijacking and 
     crashes. This is illustrative of the overall problem with the 
     amendment--it is written from a totally one-sided perspective 
     to benefit defendants with little regard for victims.

  Mr. SMITH of Michigan. Mr. Chairman, I rise in support of the bill, 
H.R. 3150 to improve the security of air travel.
  This bill establishes a clear federal responsibility to ensure 
airport safety. It creates a new Under Secretary in the Department of 
Transportation to set and implement the tough new security standards.
  One major question has been whether or not every screener will be a 
federal employee. Instead of worrying about whether the person 
screening your luggage is a federal employee or an employee of a 
federal contractor, we should be focusing on results and 
accountability.
  Under this bill, screeners would have to undergo rigorous background 
and fingerprint checks performed by the federal government and would be 
trained by the federal government with strict requirements. Moreover, 
their performance would be monitored and assessed by federal employees. 
Those who do not meet the high standards set by the federal government 
would be dismissed. Further, the bill mandates a federal or state law 
enforcement presence at each screening location.
  Moreover, the bill allows for the flexibility that will be needed to 
hire and fire employees, test new ideas, procedures, and technology. 
Wedding ourselves to a less flexible, rigid federal system will make it 
more difficult to assure safety. It is also important that we do not 
impose a one-size-fits-all system on all airports. DOT should be given 
the different options for different situations at different airports. 
This bill would provide such flexibility while at the same time 
requiring adherence to strict standards.
  Unlike the Senate bill, this bill gives the President through one 
agency, DOT, primary responsibility. It seems to me that one of the 
weaknesses in our security that the September 11 terrorists were able 
to exploit was the lack of inter-agency communication. We are beginning 
to address that weakness. I believe it is better to have these 
functions in one agency not only to reduce costs, but to ensure proper 
co-ordination.
  Mr. Chairman, this bill provides a comprehensive new approach to 
airline security. I urge Members to support it.
  Mrs. McCARTHY of New York. Mr. Chairman, I rise in opposition to H.R. 
3150, the Aviation Security Act, a bill that does not fix America's 
aviation security problems. I do, however, support the Democratic 
substitute, which passed the Senate unanimously.
  I stand fast to my belief that aviation security is a matter of 
national security. Congress needs to treat this as a question of 
national security and put in place an effective, federal law 
enforcement system. Public safety is threatened by an unprecedented war 
declared on the American people by Osama bin Laden and his terrorist 
network. It is the federal government's job to protect our country. 
Security at the nation's airports is no longer a private sector matter. 
It is part of the front line of our national defense.
  We would never consider contracting out the duties of our police 
departments, and it makes no sense to do so with airport screeners--the 
very people who are on the front lines of aviation security. Screeners 
are often paid less than fast-food workers, resulting in an average 
employee turnover rate of more than fast-food workers, resulting in an 
average employee turnover rate of more than 120% nationally and more 
than 400% at some airports. Instead, baggage screeners should be a 
professional, skilled trained law enforcement workforce.
  Unfortunately, the Republican bill keeps things as they are with the 
same private contractors submitting the same low bids, the same private 
screeners, the same high turnover rate, the same low pay, and the same 
insecure aviation system. It fails to fundamentally reform the air 
safety system.
  There's a clear way to make sure our families are safe and restore 
their faith in America's airline security. Making airline security 
workers professional will ensure our families are safer, boost 
confidence in air travel and help restore our economy.
  Mrs. CHRISTENSEN. Mr. Chairman, as the representative of a district 
whose economy is

[[Page 21459]]

almost completely dependent of the safety of air travel, I rise in 
strong support of the Senate version of the airline security bill.
  Like all of my colleagues, I have received countless letters, calls 
and e-mails from pilots and flight attendants. I heard from my local 
airline staff, including my cousin, Colette who has Worked with 
American for over 15 years, and I have had discussions with my own Port 
Authority. Without dissent, all have asked for a strong bill now, one 
which federalizes the security at our nations airports, and one which 
gives the airports the resources needed to implement the measures that 
will have to be put into place.
  I salute our pilots, the crew and attendants, for being willing to 
serve those of us who have to fly or are willing to despite the events 
of September 11th. They will be the first to tell you that they do so, 
knowing that despite the searches, and armed National Guards at the 
terminals, there is not much more security than on September 10th, 
2001.
  We now have an office of Homeland Security. As we bring this office 
into full operation, it is clear from the recent and historical use of 
airplanes as agents of political statement, escape or terror, that 
airline security must be a part of its purview.
  We are long overdue in doing something definitive to make our skies 
safe again. This is no time for arguing the small points, this is time 
for prompt action. As we are now on a heightened watch for further acts 
of terrorism, I do not want the responsibility of not having saved 
innocent lives should the airlines once again be the instrument of 
destruction.
  I remember what happened to another important bill that would have 
saved lives--the patient bill of rights--when it went to conference it 
died there. We cannot let this happen with this critical measure. Lets 
pass the same bill the Senate did and lets send it to the President for 
his signature.
  Mr. RAHALL. Mr. Chairman, both Democrats and Republicans in this 
House agree that we must overhaul our aviation security system after 
the terrorist attacks against America on September 11, 2001. But sadly, 
this House is divided over one key aspect of this debate--whether or 
not we should make airport security screeners federal employees. I 
believe they must become federal employees, for many glaring reasons. 
It is the only way to solve the problem.
  Security screeners stand at their posts at airports because they are 
paid to watch the x-ray machines as people and carry-on luggage pass 
the metal detectors. The screeners are paid to look for hidden bombs, 
guns, knives, or any potentially lethal weapon, before innocent 
passengers board the planes.
  Yet, as James E. Casto, Associate Editor of the Herald-Dispatch of 
Huntington, West Virginia pointed out, the standards for security 
screeners across the nation are inconsistent.
  Mr. Casto noted two of his personal experiences while traveling: in 
one case at an airport out West, he encountered a screener who was 
really on her toes. She spotted a letter opener he had in his toiletry 
kit, that he was using as a makeshift screwdriver to fix his 
eyeglasses. She sternly made him fill out a form to leave the letter 
opener behind as ``abandoned property.''
  But at another major airport in the Midwest, Mr. Casto noted he 
encountered ``a gaggle of screeners who were laughing and apparently 
having a great time. I doubt they would have noticed if I'd had an A-K 
47 under my arm.''
  The problem is that until now, security screeners have been hired 
privately by the airlines and the lowest bidder always gets the 
contract. Security has been secondary to the airlines. The airlines' 
mission is not the security business. It is the passenger service 
business. As a result of this private system, there are no government 
standards to ensure consistency in training, supervision, wages and 
benefits, background checks, and continued security training once 
screeners are on the job.
  That is why Mr. Casto, and millions of passengers, experience various 
levels of scrutiny from security screeners based at different airports, 
and hired by different airlines.
  We know of cases where convicted felons were hired to be security 
screeners. Why? Because private security companies do not conduct 
thorough background checks of the people they employ. This is 
absolutely unacceptable.
  The American people expect the federal government to act to protect 
them in times of national security. Perhaps before September 11th, 
domestic air travel was not considered to be a national security issue. 
But today, we must accept the harsh reality that international 
terrorists may attack us at any time. Our domestic flights have become 
a new tool for their terrorism.
  Therefore, domestic aviation is a national security issue. National 
security means federal law enforcement. Federal law enforcement can 
only be conducted by federal employees, just as it is for Customs, 
immigration and agricultural inspections of crops coming in from other 
nations.
  In order to regain the American people's confidence in flying, the 
federal government must demonstrate to them that we have taken all 
necessary steps to ensure their safety. The best starting point is to 
make the security screeners federal employees.
  As the Herald-Dispatch noted in an editorial on October 31, 2001:
  ``Many House Republicans . . . favor continuing to contract security 
operations to private companies, under new federal standards.''
  ``But reports by both the General Accounting Office and the 
Department of Transportation have shown that the workers who now staff 
airport security checkpoints are generally paid little more than those 
who work at fast-food restaurants and have little or no training for 
their all-important jobs. Little wonder that turnover in security at 
many airports is said to be more than 100 percent a year.''
  ``House Republicans would simply continue this failed approach, 
merely grafting on an overlay of new federal regulations.''
  Mr. Chairman, we must federalize our airport security workforce to 
ensure consistent, high standards for their training, supervision and 
job performance. The more professional they are, the safer American 
passengers will be in the skies.
  Ms. ROYBAL-ALLARD. Mr. Chairman, the House of Representatives prides 
itself on being ``the people's House'' and on doing ``the people's 
work''.
  Since the attacks of September 11, the American people have made it 
abundantly clear that they want their federal government to take the 
lead in making our country safe. We have a bi-partisan bill that passed 
the Senate 100-0 that is critical to our reaching that goal.
  Unfortunately, this bill has been held hostage for three weeks by a 
handful of members of the Republican leadership who, until today, have 
blocked a vote on this critical legislation.
  The Democratic bi-partisan substitute will among other things put the 
federal government in charge of airport security including the 
federalization of security screeners.
  This bill has the endorsement of my Los Angeles mayor, Jim Hahn, as 
well as the endorsement of the entire U.S. Conference of Mayors.
  It's time for Congress to listen to the American people and make our 
skies safe again by passing the Democratic Substitute.
  Mr. WELLER. Mr. Chairman, I rise today in full support of efforts to 
increase the safety of the flying public and airline workers. America 
has been the world's aviation leader from first flight in Kitty Hawk to 
the development of the Space Shuttle. Today, we have the opportunity to 
make historic advances in airline safety. I strongly support H.R. 3150 
to increase security at airports in operation today and I strongly 
support the development of the proposed Chicago South Suburban Third 
Airport--an airport which has the opportunity to be the safest in the 
world.
  We have all been stunned and saddened by the recent terrorist 
attacks. The goal of the terrorists was to make our nation fear, to 
force us to shrink from new challenges, and to scare our economy into a 
recession. I cannot emphasize enough how important both symbolically 
and practically building a new South Suburban Airport is to respond to 
these heinous acts. This airport can be built as the safest and most 
secure airport the world has ever seen.
  Building a new airport will signify our strong commitment to 
continuing safe air travel, to building a strong economy, and to boldly 
step forward to solve new challenges and again lead the world in our 
national aviation system. Airline demand is already returning to high 
levels, and it is our job to make sure that we are prepared for that 
challenge.
  We must take every step possible not only to prevent further 
terrorist attacks, but to also ensure the peace-of-mind of the 
traveling public. It is three weeks away until Thanksgiving and the 
busy travel holiday season. We must act to thwart terrorist evil deeds 
and to make sure that our loved ones, family and friends can travel 
without fear. The immediate answer to this is H.R. 3150, and the long 
term answer is the development of new secure airports such as the 
proposed South Suburban Airport in Chicago.
  H.R. 3150 federalizes airline security screening and requires federal 
supervision of the screening process, background checks, testing and 
strict oversight. Further, the legislation requires the deployment of 
Federal Air Marshals and the immediate strengthening of cockpit doors. 
These requirements will ensure

[[Page 21460]]

that through screening of passengers and baggage will take place by 
people who are trained and qualified to take proper screenings. Federal 
Air Marshals will provide an additional deterrent to anyone attempting 
to hijack an airliners.
  As the public continues to resume air travel, the capacity crisis 
that has plagued our air system will again be upon us. It is then our 
duty to build the safest new airports to handle the capacity crisis.
  There is no question that Chicago's aviation capacity is at its 
limits; this fact is not in dispute. There is no doubt that the 
capacity crisis is hurting regional and nationwide transportation 
networks, as well as the economy. Now is the time for bold and decisive 
action to finish the 15 years of research and work that have brought us 
to this point by completing all environmental impact statements and 
beginning construction on the third airport.
  Land is available and can be obtained if the State of Illinois is 
allowed to continue land acquisition. Construction could begin soon 
after land acquisition, creating an inaugural airport site that would 
be operational in four to five years. This is the key to alleviating 
the coming capacity crisis as it is the fastest viable alternative 
proposed to date. It also happens to be the least expensive--an 
inaugural airport can be built for $560 million.
  Some have asked, ``why this site, why Will County?'' Will County 
continues to be a fast-growing, dynamic county that is underserved in 
air transportation capacity, 2.3 million people live within 45 minutes 
of the proposed site, but must travel much greater distances to O'Hare 
or Midway, creating creating increasing traffic congestion. Will County 
and the region will continue to experience significant population 
growth. The proposed total acreage of the Peotone site will encompass 
enough land for the airport to continue to grow with demand and still 
keep green, open space around it.
  There is no doubt that Chicago will continue to move south; the 
question is do we plan for the growth that is coming by taking the 
necessary steps today to ensure land is available for this airport 
while we still can. In addition to the air travel benefits for Illinois 
and Indiana residents, the region will also experience tremendous 
economic growth and job creation from the development of this airport. 
And, from a national perspective, the delays at O'Hare that have a 
domino effect across the nation, will be eliminated, keeping commerce 
and people moving efficiently and safely.
  Mr. Chairman, I urge my colleagues to support H.R. 3150 and to 
support the development of the proposed South Suburban Chicago Airport 
to solve not only the capacity crisis, but also the safety crisis.
  Mr. STARK. Mr. Chairman, it is unconscionable that more than seven 
weeks after this country lost more innocent lives than were lost in the 
American Revolution--and the means of attack was through sabotage of 
our aviation system--that we are only today debating this very urgent 
matter. The Senate unanimously passed a comprehensive aviation security 
bill three weeks ago. Meanwhile, the House of Representatives has been 
devising ways to provide tax relief to corporations and liability 
relief to the airlines--and ignoring airline safety altogether.
  We continue to hear stories of passengers who board airplanes with 
everything from knives to loaded guns. Two weeks ago, seven baggage 
screeners at Dulles International Airport failed a pop quiz that tested 
their skills. Currently, airlines are responsible for the screening of 
airline passengers and baggage. Airlines pass this responsibility on to 
the lowest-bid screening contractors who pay their employees minimum 
wage and have widely varying employment standards. The result, as 
documented by the General Accounting Office and the Department of 
Transportation's Investigator General, is high turnover in the screener 
workforce and a failure of the screening process to work effectively--
as witnessed by the attacks of September 11 and subsequent weapons 
allowed aboard aircraft across the U.S.
  We have given the airlines and private contractors plenty of 
opportunity to remedy the egregious problems with the baggage screening 
process and they have failed to do so. Now, it is time for the federal 
government to step in and ensure safety of our airports and skyways. 
The Democratic substitute will do just that and that's why I support 
its passage today. It is not a perfect bill either. If I had the 
opportunity, there are changes I would make. But, passing the 
Democratic substitute today will get this overdue airline security bill 
to the President for his signature today. That is of the utmost 
importance.
  Let's be clear. Baggage screeners are enforcement officers just like 
our Customs officers who are already federal employees. It simply makes 
sense to make them federal employees and ensure uniform employment 
standards are in place for all of them. That's what we've done with 
Customs Officers and no one is asking us to turn that duty over to 
private companies! This is an issue of national security and it 
requires a role for government to assure that our citizens are 
protected.
  This concept should not be controversial when we are talking about 
risking U.S. lives. It is incumbent upon the U.S. government to provide 
protection for all of its citizens from harm at airports and on 
airplanes--if the best way to do that is to federalize passenger and 
baggage screeners, let's do it and do it now. This very same bill was 
passed by the U.S. Senate by 100-0. Last time I looked, there were a 
significant number of conservative Republican Senators. If they were 
able to recognize this as an issue of national security, so should 
their colleagues in the House.
  It is obvious that the quality of the screening process will improve 
with federal employees doing the job. Government can pay salaries 
commensurate with the law enforcement responsibilities of screening. 
This job involves not only the ability to read x-rays, but also the 
ability to size up individuals and situations which require more 
thorough inspection in certain circumstances. These are skills required 
of Customs and Immigration inspectors and for which they are more 
appropriately paid than current baggage screeners in our nation's 
airports.
  The GOP bill allows the same inept agencies to train screeners. The 
only change is that all these poorly trained screeners would be wearing 
a uniform supplied by the U.S. Government. Slapping a U.S. badge and 
uniform on our baggage screeners isn't going to deter further terrorist 
attacks, nor will it improve the training and attrition of our baggage 
screeners. We need real reforms in the entire screening pay structure 
and process. The Democratic Substitute bill does that.
  Finally, the GOP bill includes further unwarranted liability 
protections. The bill expands liability relief to other unnamed parties 
beyond the two airlines protected from liability under the Airline 
Stabilization Act enacted last month. Under the Managers Amendment, 
with no showing of justifiable cause--indeed, with no showing of any 
cause at all--every potential defendant to a September 11-related 
action, whether that defendant is presently known or unknown, would be 
completely immunized from punitive damages regardless of its conduct. 
That means that Congress might even be protecting a private security 
company that knowingly hired a convicted felon or an illegal alien, or 
that deliberately failed to check for weapons. This provision is as 
ludicrous as the discussion of whether or not to federalize the baggage 
screening workforce.
  The evidence is clear. We must not waste another day in quarrelsome 
debate when security has been breached prior to, and subsequent to, the 
September 11 attacks at airports across the U.S.
  I urge my colleagues to vote no on the Manager's amendment and vote 
yes on the Democratic substitute bill.
  Mr. MOORE. Mr. Chairman, I rise today in opposition to H.R. 3150, the 
Security Transportation for America Act of 2001, and in support of the 
substitute bill that the Senate passed unanimously.
  The American public's confidence in our national aviation system has 
eroded greatly since the tragic attacks of September 11. The public 
rightly demands quick federal action to enhance security at our 
nation's airports, and Congress must act now to ensure the safety of 
millions of travelers.
  The federal government has a legitimate and necessary role to play in 
providing aviation security for the American public. In the wake of the 
September 11 attacks, many Americans have realized that aviation 
security needs to be viewed and treated as a matter of national 
security. Private security companies have repeatedly failed to provide 
adequate security at our nation's airports, and the American public 
should not be forced to tolerate the status quo any longer. Passenger 
and baggage screening should be treated as law enforcement functions, 
undertaken by trained federal employees subject to annual review and 
the threat of immediate dismissal in the event of inadequate job 
performance.
  The bipartisan substitute, which the Senate passed by a vote of 100-0 
on October 11, would shift responsibility for aviation security from 
the airline companies to the federal government. Our nation's borders, 
shores and seaports are protected by federal agents of the U.S. Customs 
Service, Border Patrol, Drug Enforcement Agency and Coast Guard. Our 
nation's airports deserve the same assurance of protection.
  As well, both aviation security bills under consideration today seek 
to expand, not privatize, the Federal Air Marshal program. These 
measures acknowledge the important

[[Page 21461]]

role that federal agents play in ensuring and enhancing the safety and 
confidence of American air travelers. Air passengers deserve the same 
assurances of safety before they enter commercial aircraft that they 
enjoy after they take their seats.
  Mr. Chairman, I believe that the federal government needs to take 
immediate, reasonable actions to enhance the safety of American air 
travelers. Aviation security needs to be treated as a law enforcement 
function, and as such should be provided by federal agents subject to 
congressional oversight and accountable to the American people.
  Mr. LEVIN. Mr. Chairman, a basic function of government is to ensure 
the safety of the flying public. For many years now, there have been 
ominous signs that the security procedures developed by airports and 
airlines were broken.
  Four years ago, in testimony presented to the House Aviation 
Subcommittee, the General Accounting Office stated, ``The threat of 
terrorism against the United States has increased. Aviation is, and 
will remain, an attractive target for terrorists, so protecting civil 
aviation continues to be an urgent national issue. Since the 1988 
bombing of Pan Am Flight 103, security reviews by FAA, audits conducted 
by GAO and the Department of Transportation's Inspector General, and 
the work of a presidential commission have shown that the system 
continues to be flawed. In fact, nearly every major aspect of the 
system--ranging from screening passengers, checked and carry-on 
baggage, mail, and cargo to controlling the access to secured areas 
within an airport environment--has weaknesses that could be 
exploited.''
  In March of 2000, the General Accounting Office again raised red 
flags about passenger screening checkpoints, the effectiveness of 
screeners and the need to improve their performance: The GAO noted that 
``turnover of screeners exceeds 100 percent a year at most large 
airports and at one airport has topped 400 percent, leaving few 
screeners with much experience at the checkpoints. We found that some 
of the screening companies at 14 of the nation's 19 largest airports 
paid screeners a starting salary of $6.00 an hour or less and, at 5 of 
these airports, the starting salary was the minimum wage--$5.15 an 
hour. It is common for the starting wages at airport fast-food 
restaurants to be higher than the wages screeners receive.'' The GAO 
further noted that the Federal Aviation Administration's efforts to 
establish performance standards that all screening companies have to 
meet in order to earn and retain certification is years behind 
schedule.
  Even after the horrendous destruction caused on September 11 when 
four airlines were hijacked, the current aviation security system 
continues to fail us. On September 23, a man in Atlanta was able to 
successfully pass through a security checkpoint with a handgun in his 
pocket. On October 13, a man with a knife hidden in his shoe was able 
to pass through security at Dulles Airport without setting off the 
metal detector. On October 23, a man with a loaded gun in his briefcase 
was able to board a plane in New Orleans.
  We have tried for 30 years to make the current airline security 
system work. The American people need to have confidence that they can 
fly safely, and this will only occur when we pass legislation 
overhauling the baggage- and passenger-screening systems. We can no 
longer afford to contract this critical responsibility out to the 
lowest bidder.
  The Oberstar substitute correctly addresses the longstanding flaws in 
our country's aviation security system through the use of specially-
trained federal employees to perform the screening of passengers and 
baggage at airports. The Oberstar substitute is identical to the 
bipartisan aviation safety bill approved by the Senate three weeks ago 
by a vote of 100 to 0.
  Like the Capitol Hill police that protect Members of Congress and the 
Secret Service that protects the President, the airport screeners 
charged with protecting the flying public should be qualified 
professionals, and the Oberstar substitute ensures that they will be. 
Our substitute also increases the use of federal marshals on domestic 
and international flights, reinforces cockpit doors, strengthens the 
security of the flight deck, and enhances the security of secured areas 
of airports.
  Mr. Chairman, there is an old saying that holds that the definition 
of insanity is doing the same thing over and over again and expecting 
different result. Green everything that has happened, the last thing we 
should do is to perpetuate an aviation security system that has failed 
as badly as our current system has. I urge all my colleagues to vote 
for the Oberstar substitute.
  Mrs. LOWEY. Mr. Chairman, it's been 50 days since the terrorist 
attacks of September 11 and Americans are still unsafe on our nation's 
airlines. While I am pleased that the House is finally debating airline 
security, I rise in support of the bipartisan bill that passed the 
Senate 100-0.
  My colleagues, aviation security is now a matter of national 
security. That became clear on September 11, when four commercial 
plains were used as weaponry in the terrorist attack on America.
  The first obligation of our government is to protect our citizens and 
public safety is currently threatened by an unprecedented war. It is 
the federal government's job to protect our country during these times, 
and as President Bush has stated, we are fighting a two-front war--one 
here and one abroad. While we've committed troops and billions of 
dollars to the war overseas, it's sadly taken us seven weeks to even 
begin debate on how to make air travel safe.
  My colleagues, now is not the time for partisan politics. And shame 
on those trying to make this a partisan issue. The Senate didn't. They 
unanimously passed--100 to 0--a bill to hold the federal government 
responsible for the safety of our nation's airlines. Quite frankly, the 
Senate-passed bill should have been immediately placed on the House 
suspension calendar and fast tracked to the President.
  Instead, we are considering a bill that maintains the status quo. It 
will keep the same screeners who are undertrained and underpaid. And a 
workforce with a more than 120 percent turnover rate. Do we want 
someone with less incentive than fast-food workers screening the people 
and bags that are on our planes--or do we want a well-trained, capable 
force of federal law enforcement ensuring our safety?
  The Republican leadership cannot in good conscience ask Americans to 
resume life as normal, without first making sweeping changes to our 
airline security system. One of my constituents wrote that until the 
flying public is put first, ``My family will not be flying . . . We 
will not be flying any airplane until Air Marshals are on every flight, 
every piece of luggage is x-rayed, and the workers that screen flyers 
are federalized.''
  Federalization is the key to professionalizing security. We would 
never consider contracting out the duties of the U.S. Customs Service, 
Border Patrol, or the local police department, and it makes no sense to 
do so with airport screeners--the front line in aviation security.
  The bipartisan democratic substitute is clearly the right bill for 
airline security: 100 Senators voted for it; 82 percent of Americans 
want to federalize airline security; and flight attendants, pilots, and 
baggage handlers have made clear that their security is at risk at work 
everyday, and they support federalizing airline security.
  Let's vote down the Republican airline security bill, and enact the 
bill everyone can stand behind--the democratic substitute.
  Mr. HOYER. Mr. Chairman, when our Nation deploys its Army or Navy on 
a sensitive mission, we don't supplement their war-fighting 
capabilities with a privately run air force. So why would we insist 
that Federal law enforcement agents--who are on the front lines of 
homeland security--work alongside private airline screeners who are 
poorly paid, poorly trained and poorly performing? Do we really believe 
that a terrorist who can elude the greatest fighting force in the world 
cannot exploit this weakest link in our homeland security?
  Every member of this body recognizes--in the wake of September 11--
that airline security is an integral part of our national security. 
Thus, there's broad agreement: Airline cockpits must be more secure. 
More Federal marshals must be deployed on airplanes. Training and 
performance of airline security personnel must be improved. Yet, some 
Members of the majority believe that private companies should conduct 
security screening of passengers and baggage.
  That's a recipe for future disaster. As Secretary Mineta remarked on 
Tuesday, ``An unacceptable number of deficiencies continue to occur'' 
at our Nation's airports.
  Just since September 11, seven screeners failed a quiz on their 
skills at Dulles. Seven other screeners were arrested at Dallas-Forth 
Worth when they were found to be working illegally in the United 
States. And, Last week, a passenger flying from New Orleans to Phoenix 
discovered that he had a gun in his briefcase that had not been 
detected.
  Low salaries contribute to an average turnover rate for private 
screeners of 126 percent. And the General Accounting Office has 
documented their poor performance.
  Two weeks ago, the Senate recognized that decisive action was 
required, and passed an airline security bill by a 100-0 vote that 
would create a well-paid, well-trained force of Federal airline 
screeners. Federalizing this security function will ensure that we are 
able to

[[Page 21462]]

conduct thorough government background checks on screeners, and that 
our law enforcement efforts are integrated. The traveling public has 
every right to expect that our airport security personnel will be as 
professional as our Armed Forces deployed in Afghanistan and Central 
Asia.
  This Democratic alternative, which federalizes all security-screening 
functions, is our best chance to restore public confidence in airline 
security. Let me note, though, that Federal screeners cannot be Federal 
employees in name only. This bill gives the Attorney General broad 
discretion over pay, health care, whistleblower protection, veterans' 
preference, workers' compensation, and the right to organize. He must 
not use it to create a second-class status for these employees.
  I will support this legislation to make our air travel system much 
safer. This objective must be accomplished. But I intend to monitor the 
implementation of this legislation to ensure that Federal employee 
protections and benefits are not undermined in the process.
  Mr. SENSENBRENNER. Mr. Chairman, in September, the House passed a 
bill that limited the potential liability of air carriers in any 
litigation arising out of the terrorist attacks of September 11. We did 
this because the capital markets could not and would not deal with air 
carriers as long as they remained under a cloud of potentially infinite 
liability. At that time, I voted against that legislation because it 
failed to similarly protect other industries. All businesses, not just 
air carriers, will be unable to obtain credit, capital, and loans if 
they are subject to potentially limitless liability awards. Without 
capital, these businesses will disappear, and the terrorists will have 
taken down not only the World Trade Center, but also untold numbers of 
businesses, large and small. And they will have done this with the help 
of a Congress that failed to act. Finally, today, in the manager's 
amendment, Congress is acting.
  Far beyond companies like Boeing, this bill protects any business 
that creative trial lawyers could implicate in the tragic events of 
September 11. Some or many of these business may be in our own 
districts. Surely it is the terrorists, and not American companies, 
that started this war on America. So let's remove the cloud of infinite 
liability that hangs over these businesses and allow them to continue 
to survive even as they may face litigation. The terrorists put that 
cloud there. It's up to us to cast away that cloud, and to protect the 
capital streams upon which New York and the nation thrive and prosper.
  This bill does nothing to prevent victims from being compensated by 
liable defendants. It does nothing to prevent them from taking part in 
the victims' compensation program we created last month. This 
legislation does, however, place finite limits on the potential 
liability of anyone implicated in litigation arising out of the 
terrorist attacks of September 11. In doing so, this legislation saves 
those persons and companies from losses of capital that could lead to 
bankruptcy. This in turn prevents the victims of September 11th from 
having their compensation decided by a federal bankruptcy court.
  This bill also protects the city of New York, its police department, 
and its fire department--all of which have conducted themselves so 
valiantly. This measure is supported by elected leaders in New York, as 
well as New York congressional members from both sides of the aisle 
(Mr. Nadler excluded).
  Mayor Guiliani, in a letter supporting the bill, noted that ``The 
measure that Chairman Young will bring to the floor will contain a 
manager's amendment that would provide New York with much needed relief 
from potential liability arising out of the attacks on the World Trade 
Center on September 11, 2001. Any substitute would fail to provide the 
City the fiscal protection it needs from potentially limitless 
lawsuits. . . . Passage of Chairman Young's bill would solve one large 
part of the City's potential liability exposure, and help ensure steady 
progress toward utilizing our resources to address critical fiscal 
matters.''
  Governor Pataki has written ``I can only underscore the importance of 
passage for not only the manager's amendment and the bill, but also the 
defeat of any substitute amendment scheduled to be offered. . . . H.R. 
3150 with the manager's amendment will free the city of New York and 
the Port Authority of under burdens which could seriously slow or even 
derail those rebuilding efforts.''
  New York is our nation's center of commerce, and it thrives on the 
flow of capital. By passing the Manager's Amendment today, we can 
prevent the prospect of unlimited liability damage awards from turning 
New York from the nation's financial capital into a business graveyard. 
Last month, Congress appropriately placed limits on the potential 
liability of the airlines in order to keep planes in the air. That's 
current law. Given that there is a finite amount of funds available for 
victims from any airline found liable, the question becomes: Does the 
House want more money to go to trial lawyers, or to victims? It's that 
simple. The more money lawyers get from a limited source of funds, the 
less victims get. Let's stand solidly behind the victims today and pass 
the Manager's Amendment.
  Mr. PAUL. Mr. Chairman, I must oppose H.R. 3150, the Airport Security 
Federalization Act. As the short title of the bill suggests, this 
legislation is a bureaucracy-laden approach. While the approach of this 
legislation is marginally preferable to the complete federalization of 
the workforce being offered by the House Minority, the bill is 
otherwise strikingly similar to the Senate's approach. Regrettably, I 
think portions of the manager's amendment actually make the legislation 
worse. For example, the deputization of private security forces is 
clearly a step in the wrong direction.
  I have offered an alternate bill which would accomplish security 
goals without expanding the federal government. My bill would not 
create new federal spending nor new federal bureaucracies.
  Mr. Chairman, the bill before us, while a slight improvement over the 
Senate version, is still a step in the wrong direction. By authorizing 
a new airline ticket tax, by creating new federal mandates and 
bureaucracies, and by subsidizing the airline industry to the tune of 
another $3 billion, this bill creates a costly expense that the 
American people cannot afford. We appropriated $40 billion in the wake 
of September 11, and I supported that measure as legitimate 
compensation for individuals and companies harmed by the failure of the 
federal government to provide national defense. Soon thereafter we made 
another $15 billion available to the airlines, and now we have a House 
bill that further victimizes the taxpayers by making them pay for 
another $3 billion worth of subsidies to the airline industry.
  We need to stop this spending spree. I oppose this new taxation and 
spending, as well as the steps taken in this bill, the substitute, and 
unfortunately in the manager's amendment as well. Each of these items 
moves further down the road of nationalizing air travel in this country 
and, as such, must be rejected.
  Mr. CONYERS. Mr. Chairman, I rise in strong opposition to the 
manager's amendment and in support of the Democratic Substitute.
  Airport security is a legitimate federal responsibility. Just as we 
protect our borders, guard against smuggling, and protect against 
illegal drugs, we must also protect our citizens against terrorists who 
board our planes and travel our skies with guns, knives, and bombs.
  However, the Manager's amendment does not accomplish this. Instead, 
this amendment expands the provision that we already passed, limiting 
liability for airlines that were used by terrorists on September 11, 
2001 and applies that provision to ``any person liable for any damages 
arising out of the hijacking.'' This would limit the liability of 
everyone, including an airport security company that allowed terrorists 
to get on a plane with box cutters.
  Even worse, the liability provisions go far beyond the protections 
included in the airline bailout bill we passed in September. This is 
because the amendment totally bans punitive damages, eliminates 
prejudgment interest, mandates collateral source, and limits victims' 
attorneys' fees. All of this was done without the benefit of a single 
hearing or any consideration by the Judiciary Committee. And all of 
this harms the victims.
  Members should know that these provisions are far more extreme than 
the liability relief requested by the supposed beneficiaries of the 
provisions--the owners of the World Trade Center and the airplane 
manufacturers. This amendment is too broad, benefits the wrongdoers, 
and would have a number of harmful and unintended consequences for 
victims of terrorism. Please vote no on the manager's amendment and 
support the Democratic Substitute. Passing this manager's amendment 
constitutes special interest legislating at its worst. It is wrong and 
I urge the Members to reject it.
  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

[[Page 21463]]

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.
  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;

[[Page 21464]]

       ``(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 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--

[[Page 21465]]

       (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--
       (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

[[Page 21466]]

     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).''.
       (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.

[[Page 21467]]

       ``(4) Information.--The Under Secretary may require the 
     provision of such information as the Under Secretary decides 
     is necessary to verify that fees have been collected and 
     remitted at the proper times and in the proper amounts.
       ``(f) Receipts Credited as Offsetting Collections.--
     Notwithstanding section 3302 of title 31, any fee collected 
     under this section--
       ``(1) shall be credited as offsetting collections to the 
     account that finances the activities and services for which 
     the fee is imposed;
       ``(2) shall be available for expenditure only to pay the 
     costs of activities and services for which the fee is 
     imposed; and
       ``(3) shall remain available until expended.
       ``(g) Refunds.--The Under Secretary may refund any fee paid 
     by mistake or any amount paid in excess of that required.''.
       (b) Conforming Amendment.--The analysis for chapter 449 is 
     amended by adding after the item relating to section 44938 
     the following:

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

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

     SEC. 10. AUTHORIZATIONS OF APPROPRIATIONS.

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

     ``Sec. 44940. Authorizations of appropriations

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

``44940. Authorizations of appropriations.''.

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

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

     SEC. 12. PASSENGER MANIFESTS.

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

[[Page 21468]]

       ``(4) Travel and per diem.--Each member of the Council 
     shall be paid actual travel expenses, and per diem in lieu of 
     subsistence expenses when away from his or her usual place of 
     residence, in accordance with section 5703 of title 5.
       ``(5) Detail of personnel from the administration.--The 
     Under Secretary shall make available to the Council such 
     staff, information, and administrative services and 
     assistance as may reasonably be required to enable the 
     Council to carry out its responsibilities under this section.
       ``(e) Federal Advisory Committee Act Not To Apply.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) does not apply 
     to the Council.''.
       (b) Conforming Amendment.--The analysis for chapter 449 is 
     amended by adding at the end the following:

       ``SUBCHAPTER III--TRANSPORTATION SECURITY OVERSIGHT BOARD

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

     SEC. 14. AIRPORT IMPROVEMENT PROGRAMS.

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

     SEC. 15. TECHNICAL CORRECTIONS.

       (a) Report Deadline.--Section 106(a) of the Air 
     Transportation Safety and System Stabilization Act (P.L. 107-
     42) is amended by striking ``February 1, 2001'' and inserting 
     ``February 1, 2002''.
       (b) Insurance and Reinsurance of Aircraft.--Section 
     44306(c) (as redesignated by section 201(d) of such Act) is 
     amended by inserting ``in the interest of air commerce or 
     national security'' before ``to carry out foreign policy''.
       (c) Federal Credit Instruments.--Section 102(c)(2)(A) of 
     such Act is amended by striking ``representatives'' and 
     inserting ``representations''.

     SEC. 16. ALCOHOL AND CONTROLLED SUBSTANCE TESTING.

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

     ``Sec. 45107. Transportation Security Administration

       ``(a) Transfer of Functions Relating to Testing Programs 
     With Respect to Airport Security Screening Personnel.--The 
     authority of the Administrator of the Federal Aviation 
     Administration under this chapter with respect to programs 
     relating to testing of airport security screening personnel 
     are transferred to the Under Secretary of Transportation for 
     Security. Notwithstanding section 45102(a), the regulations 
     prescribed under section 45102(a) shall require testing of 
     such personnel by their 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'';

[[Page 21469]]

       (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.