mr. chairman , i rise today in opposition to the rule on h.r. 1817 , the homeland security authorization act for fy2006 . 
republicans on the rules committee blocked the consideration of several amendments offered by me and my colleagues to this bill . 
this body should have the right to discuss and to consider each amendment . 
one of the amendments blocked was the amendment i offered which would put passenger security fees into two funds that will guarantee that tsa will spend the authorized amounts of $ 650 million a year and $ 250 million for the installation of inline baggage screening systems and passenger checkpoint explosive detection , respectively . 
we are currently collecting over $ 1.5 billion a year from the passenger security fee for aviation security services . 
given that these security investments are financed by the existing passenger security fee , the congressional budget office has determined that the increased investment does not increase the size of the deficit . 
in april , the department of homeland security inspector general ( dhsig ) and the government accountability office ( gao ) both released reports that indicate that our airport screening system still needs improvement . 
while the traveling public is more secure today than before september 11th , 2001 , airport screeners are not detecting prohibited items at the level we need . 
without a significant investment and commitment by congress and this administration to upgrade our technology , our screening system will continue to fail . 
we must and can do better . 
last year , the 9/11 commission specifically recommended that the tsa and the congress improve the ability of screenings checkpoints to detect explosives on passengers . 
the intelligence reform and terrorism prevention act ( p.l . 
108-458 ) authorized $ 250 million for the research and deployment of advanced passenger screening technologies , such as trace portals and backscatter x-ray systems . 
to date , only about $ 30 million has been appropriated specifically for the passenger screener technologies . 
the recent dhs ig report clearly stated that the `` lack of improvements since our last audit indicates that significant improvement in performance may not be possible without greater use of technology. '' further , the tsa concurred with the 9/11 commission recommendation that we must `` expedite the installation of advanced ( in-line ) baggage screening equipment. '' in addition , in-line baggage screening systems have a much higher throughput than stand-alone systems . 
if we install in-line systems , more bags will be screened by explosive detection systems instead of less reliable , alternative methods . 
the tsa and airport operators rely on commitments in letters of intent ( lois ) as their principal method for funding the modification of airport facilities to incorporate in-line baggage screening systems . 
the tsa has issued eight lois to cover the costs of installing systems at 9 airports for a total cost to the federal government of $ 957.1 million over 4 years . 
the gao reports that tsa has estimated that in-line baggage screening systems at the 9 airports that received loi funding could save the federal government $ 1.3 billion over 7 years . 
tsa further estimated that it could recover its initial investment in the in-line systems at these airports in a little over one year . 
in total , the gao reports that 86 of 130 airports surveyed are planning or are considering installing in-line baggage screening systems throughout or at a portion of their airports . 
yet , the tsa has stated that it currently does not have sufficient resources in its budget to fund any additional lois . 
while $ 650 million is authorized for the installation of in-line baggage screening systems , annual appropriations have not allowed for any new lois to be signed . 
we know what needs to be done to improve screener performance , and we must take action now . 
we must demonstrate leadership and deploy technologies that will keep the american public secure . 
mr. chairman , i ask my colleagues to vote no on the rule so we can work to deploy technologies that will help our screeners do their jobs and keep the american traveling public safe . 
the amendment previously referred to by ms. slaughter xz4003780 is as follows : previous question statement on h. res. 283 -- rule for h.r. 1817 , department of homeland security authorization act of fiscal year 2006 at the end of the resolution , add the following new sections : sec . 
2. notwithstanding any other provision of this resolution the amendment specified in section 3 shall be in order as though printed after the amendment numbered 1 in the report of the committee on rules if offered by representative barrow of georgia or representative markey of massachusetts or a designee . 
that amendment shall be debatable for 30 minutes equally divided and controlled by the proponent and an opponent . 
sec . 
3. the amendment referred to in section 2 is as follows : amendment to h.r. 1817 offered by mr. barrow xz4006280 of georgia and mr. markey xz4002530 of massachusetts at the end of title v of the bill , insert the following ( and conform the table of contents of the bill accordingly ) : & lt ; p & gt ; sec . 
509 . 
extremely hazardous materials transportation security. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( a ) rulemaking. -- ( 1 ) in general. -- not later than 180 days after the date of enactment of this act , the secretary of homeland security , in consultation with the heads of other appropriate federal , state , and local government entities , security experts , representatives of the hazardous materials shipping industry and labor unions representing persons who work in the hazardous materials shipping industry , and other interested persons , shall issue , after notice and opportunity for public comment , regulations concerning the shipping of extremely hazardous materials. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( 2 ) purposes of regulations. -- the regulations shall be consistent , to the extent the secretary determines appropriate , with and not duplicative of other federal regulations and international agreements relating to the shipping of extremely hazardous materials and shall require -- & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( a ) physical security measures for such shipments , such as the use of passive secondary containment of tanker valves and other technologies to ensure the physical integrity of pressurized tank cars used to transport extremely hazardous materials , additional security force personnel , and surveillance technologies and barriers ; & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( b ) concerned federal , state , and local law enforcement authorities ( including , if applicable , transit , railroad , or port authority police agencies ) to be informed before an extremely hazardous material is transported within , through , or near an area of concern ; & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( c ) the creation of terrorism response plans for shipments of extremely hazardous materials ; & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( d ) the use of currently available technologies and systems to ensure effective and immediate communication between transporters of extremely hazardous materials and all entities charged with responding to acts of terrorism involving shipments of extremely hazardous materials ; & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( e ) comprehensive and appropriate training in the area of extremely hazardous materials transportation security for all individuals who transport , load , unload , or are otherwise involved in the shipping of extremely hazardous materials or who would respond to an accident or incident involving a shipment of extremely hazardous material or would have to repair transportation equipment and facilities in the event of such an accident or incident ; and & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( f ) for the transportation of extremely hazardous materials through or near an area of concern , the secretary to determine whether or not the transportation could be made by one or more alternate routes at lower security risk and , if the secretary determines the transportation could be made by an alternate route , the use of such alternate route , except when the origination or destination of the shipment is located within the area of concern. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( 3 ) judicial relief. -- a person ( other than an individual ) who transports , loads , unloads , or is otherwise involved in the shipping of hazardous materials and violates or fails to comply with a regulation issued by the secretary under this subsection may be subject , in a civil action brought in united states district court , for each shipment with respect to which the violation occurs -- & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( a ) to an order for injunctive relief ; or & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( b ) to a civil penalty of not more than $ 100 , 000. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( 4 ) administrative penalties. -- & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( a ) penalty orders. -- the secretary may issue an order imposing an administrative penalty of not more than $ 1 , 000 , 000 for failure by a person ( other than an individual ) who transports , loads , unloads , or is otherwise involved in the shipping of hazardous materials to comply with a regulation issued by the secretary under this subsection. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( b ) notice and hearing. -- before issuing an order described in subparagraph ( a ) , the secretary shall provide to the person against whom the penalty is to be assessed -- & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( i ) written notice of the proposed order ; and & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( ii ) the opportunity to request , not later than 30 days after the date on which the person receives the notice , a hearing on the proposed order. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( c ) procedures. -- the secretary may issue regulations establishing procedures for administrative hearings and appropriate review of penalties issued under this paragraph , including necessary deadlines. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( b ) whistleblower protection. -- & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( 1 ) in general. -- no person involved in the shipping of extremely hazardous materials may be discharged , demoted , suspended , threatened , harassed , or in any other manner discriminated against because of any lawful act done by the person -- & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( a ) to provide information , cause information to be provided , or otherwise assist in an investigation regarding any conduct which the person reasonably believes constitutes a violation of any law , rule or regulation related to the security of shipments of extremely hazardous materials , or any other threat to the security of shipments of extremely hazardous materials , when the information or assistance is provided to or the investigation is conducted by -- & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( i ) a federal regulatory or law enforcement agency ; & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( ii ) any member of congress or any committee of congress ; or & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( iii ) a person with supervisory authority over the person ( or such other person who has the authority to investigate , discover , or terminate misconduct ) ; & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( b ) to file , cause to be filed , testify , participate in , or otherwise assist in a proceeding or action filed or about to be filed relating to a violation of any law , rule or regulation related to the security of shipments of extremely hazardous materials or any other threat to the security of shipments of extremely hazardous materials ; or & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( c ) to refuse to violate or assist in the violation of any law , rule , or regulation related to the security of shipments of extremely hazardous materials. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( 2 ) enforcement action. -- & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( a ) in general. -- a person who alleges discharge or other discrimination by any person in violation of paragraph ( 1 ) may seek relief under paragraph ( 3 ) by -- & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( i ) filing a complaint with the secretary of labor ; or & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( ii ) if the secretary of labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant , bringing an action at law or equity for de novo review in the appropriate district court of the united states , which shall have jurisdiction over such an action without regard to the amount in controversy. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( b ) procedure. -- & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( i ) in general. -- an action under subparagraph ( a ) ( i ) shall be governed under the rules and procedures set forth in section 42121 ( b ) of title 49 , united states code. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( ii ) exception. -- notification made under section 42121 ( b ) ( 1 ) of title 49 , united states code , shall be made to the person named in the complaint and to the person 's employer. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( iii ) burdens of proof. -- an action brought under subparagraph ( a ) ( ii ) shall be governed by the legal burdens of proof set forth in section 42121 ( b ) of title 49 , united states code. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( iv ) statute of limitations. -- an action under subparagraph ( a ) shall be commenced not later than 90 days after the date on which the violation occurs. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( 3 ) remedies. -- & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( a ) in general. -- a person prevailing in any action under paragraph ( 2 ) ( a ) shall be entitled to all relief necessary to make the person whole. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( b ) compensatory damages. -- relief for any action under subparagraph ( a ) shall include -- & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( i ) reinstatement with the same seniority status that the person would have had , but for the discrimination ; & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( ii ) the amount of any back pay , with interest ; and & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( iii ) compensation for any special damages sustained as a result of the discrimination , including litigation costs , expert witness fees , and reasonable attorney fees. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( 4 ) rights retained by person. -- nothing in this subsection shall be deemed to diminish the rights , privileges , or remedies of any person under any federal or state law , or under any collective bargaining agreement. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( c ) report on extremely hazardous materials transportation security. -- & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( 1 ) in general. -- not later than 180 days after the date of enactment of this act , the secretary of homeland security , in consultation with the heads of other appropriate federal agencies , shall transmit to congress a report on the security of , and risk of a terrorist attack on , shipments of extremely hazardous materials. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( 2 ) content. -- the report under paragraph ( 1 ) shall include -- & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( a ) information specifying -- & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( i ) the federal and state agencies that are responsible for the regulation of the transportation of extremely hazardous materials ; and & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( ii ) the particular authorities and responsibilities of the heads of each such agency ; and & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( b ) an assessment of the vulnerability of the infrastructure associated with the transportation of extremely hazardous materials. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( 3 ) form. -- the report under paragraph ( 1 ) shall be in unclassified form but may contain a classified annex. & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( d ) definitions. -- in this section , the following definitions apply : & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( 1 ) extremely hazardous material. -- the term `` extremely hazardous material '' means -- & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( a ) a material that is toxic by inhalation ; & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( b ) a material that is extremely flammable ; & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( c ) a material that is highly explosive ; and & lt ; p & gt ; & amp ; nbsp ; & amp ; nbsp ; & amp ; nbsp ; ( d ) any other material designated by the secretary to be extremely hazardous . 
( 2 ) area of concern. -- the term `` area of concern '' means an area that the secretary determines could pose a particular interest to terrorists. & lt ; p & gt ; 