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Homeland Security Act of 2002

CONGRESSMAN ADAM B. SCHIFF
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Friday, July 26, 2002

Mr. SCHIFF. Mr. Chairman, I rise in support of this amendment. Today, our Nation faces a new threat and a new enemy. And while the terrorists we fight have new ways of attack, we have much greater new abilities to defend this great Nation.

America has always been the arsenal of democracy, and we remain so. And the new tools we possess are the technologies that spring from the ingenuity of the American mind. We have seen those technologies deployed in the Gulf War, in Afghanistan, and now those new technologies help protect us here at home.

In order to encourage the private sector to use its ingenuity to develop these defensive capabilities, they must have the ability to protect themselves from excessive exposure and liability. There is a mechanism in existing law that provides indemnity on a case-by-case basis for those under contract with the Department of Defense. And as demonstrated by the extraordinary work of the Department of Defense, this targeted immunity works.

The Turner amendment, based on a bipartisan agreement attested to by those who have contracted with the Department of Defense, restores this targeted indemnity. The opposition says that what has worked for the Department of Defense is not enough. They want blanket indemnity. They want an indemnity so broad it threatens to remove some of the vital and powerful incentives for technology makers to make sure they get it right. This goes too far.

We want to incentivize the development of new technologies that work, that meet their promise, that live up to their expectation, that protect this country and all who serve it. The Turner amendment will do this. Nothing more and nothing less.

(break)

Mr. SCHIFF. Mr. Chairman, I rise in support of the Oberstar amendment. We must not delay. We must accept no excuse for any delay in the immediate improvement of the security at our airports. Congress should speak unambiguously, find a way to get the job done now. Can it be done by the end of the year? Yes. The Secretary, the administration and the agency charged with this responsibility all say it can be done. Will it be difficult? Yes.

Is the challenge any greater than the technological challenges we faced immediately after Pearl Harbor in gearing up our industrial capacity, of course not. This task is infinitely simpler. Will it cause some delays in some airports in flights, yes, in all likelihood. Will it cause the adoption and deployment of technologies that will need to be replaced in the future, it just might. After all, technologies, all technologies, eventually become obsolete.

But what is the cost of delaying our efforts to secure our airports and our airplanes, the cost is potentially catastrophic. Imagine the devastation to the families if a plane is blown out of the air, imagine the devastation to our economy and the loss of confidence in our Nation's ability to defend itself in the very department that we establish today.

On September 11, terrorists turned our planes into jet-fuel-powered bombs. That was the last attack. Some would argue since we are now better prepared against that eventuality, we can delay our preparedness against other attacks.

Mr. Chairman, we must be prepared to fight terrorists in whatever form. Terrorists do not need to hijack planes to devastate this country. Placing a bomb in the cargo hold of a plane is all that it would take. We must defend against this massive vulnerability, and we must do it now. We cannot delay. I urge support of this amendment to make this country safe today.


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