[Congressional Record Volume 147, Number 124 (Friday, September 21, 2001)]
[Senate]
[Pages S9623-S9631]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. McCONNELL.
S. 1444. A bill to establish a Federal air marshals program under the
Attorney General; to the Committee on Commerce, Science, and
Transportation.
Mr. McCONNELL. Madam President, two unmistakable American voices have
emerged from the aftermath of September 11.
One voice expressed a newfound hesitancy to fly. Passengers have
canceled scheduled flights en masse and I, for one, can hardly blame
them. Just this week we heard chilling reports that more acts of terror
may be planned in our skies, and, even after the tragic events of
September 11, we continue to hear anecdotes of lax security at our
Nation's airports. Almost overnight, air travel, a way of life for
millions of Americans every day, is now limping along. Families who
gather to celebrate holidays, businesspeople who depend upon air
transport, and Americans who simply prefer the speed of airplanes, now
all must deal with the awful reality of terrorism. The hard economic
truth of September 11 is that it scared so many passengers from
airlines that it threatens to destroy our multi-billion dollar aviation
industry.
But a second, more inspiring, voice emerged from Americans after the
acts of September 11, a visceral, instinctive urge to serve their
country in some way after the attack on American soil. Minutes after
Tuesday's tragedy, we saw real-life armies of compassion come to the
aid of those whose lives were destroyed. We saw police and fire rescue
units risk their lives to save their fellow citizens. We saw American
families generously pour nearly $200 million of relief money to
charitable organizations such as the Red Cross, the United Way, and the
Salvation Army. And in memorial services and vigils all over the
country, we saw Americans rallying together to pause, to pray, and to
pledge that the American spirit will not be broken. Still today, in a
remarkable show of patriotism, there is a chorus, especially those in
law enforcement, asking ``what can I do?'' to protect and defend our
fellow countrymen from future terrorist tragedies.
What we need to do is harness this spirit in order to make our
airlines safe again for American families. So, today, I am introducing
legislation that authorizes the Attorney General, as our Nation's top
law enforcement official, to establish a comprehensive Federal Air
Marshal program to secure airports from curbside to cockpit. And to
capitalize on the desire of so many Americans to serve our country in
the fight against terrorism, the legislation specifically authorizes
the Attorney General to use active and retired Federal, State, and
local law enforcement officials to serve in the Air Marshal program.
America needs a uniform Federal Air Marshal program to combat
potential terrorism from the minute passengers arrive at an airport
until the time they arrive safely at their intended destinations. This
requires a professional law enforcement team to police airport points
of entry, operate x-ray machines, and serve as undercover air security
marshals on board commercial aircraft. While we have an existing FAA
Federal Air Marshal program on board aircraft, we need to expand
Federal aviation security to put Federal marshals on more flights and
to stop terrorism on the ground before it can board an aircraft. For a
comprehensive Air Marshal program to be most effective, we need to
relieve the obligations of airport security from the FAA and the
airlines, whose primary purpose is to facilitate and manage air travel,
and entrust that obligation to the Department of Justice, whose primary
mission is to enforce Federal law, and most important, to safeguard and
protect us from terrorism.
Obviously this new Federal Air Marshals program will require
additional manpower and financial resources. And that is where we
intend to harness the spirit espoused by so many of our law enforcement
personnel throughout the country. The new Federal Air Marshals program
not only will recruit new full-time active professional marshals but
will augment that program with Deputy Federal Air Marshals drawn from
retired military personnel, as well as from active or retired Federal,
State, and local law enforcement officers, anyone from a DEA agent to a
local law enforcement officer who wants to serve his country by
securing our airports and aircraft. It is also crucial that we retain a
sufficient measure of cost-sharing with private and State and local
entities. Private airlines and airport authorities should share a
responsibility, as they do now, to help fund a portion of airport
security.
The Attorney General will, of course, determine how to deploy the
Deputy Air Marshals most effectively, and will ensure that they are
properly trained to perform the task required of them, be it thwarting
hijackers on board an aircraft or searching suspicious packages in the
terminal. What is certain, however, is that tapping this reservoir of
knowledgeable and experienced law enforcement officers to serve this
vital national security function will allow us to put more Marshals
both in the air and on the ground. Our goal should be to secure as many
airports and as many aircraft as possible using the most experienced
and professional staff available.
We already have models in place for the type of curbside to cockpit
security envisioned in this bill. Our Federal courthouses currently are
secured by our United States Marshals, who also employ Court Security
Officers, CSOs, to provide security around the perimeter of the
building, at each point of entry, and in the courtrooms themselves.
These CSOs are themselves retired Federal, State, and local law
enforcement personnel. Part of the reason our courthouses enjoy such
security today is that this unified system provides for layers of
security far before one enters the actual courtroom. Our democracy now
demands, in the interest of our national security, that we make sure
our cockpits are every bit as secure as our courthouses.
In times and events such as these, the Federal Government is not only
the best answer, but the only answer. The challenge we face in securing
our airports and airlines is not a matter of free market economics, it
is a matter of national security, as the tragic events of September 11
made so
[[Page S9624]]
horrifyingly clear. That is why it is imperative that we entrust this
national security item with the resources, expertise, and experience of
our Nation's top law enforcement agency, and that we do so immediately.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1444
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Air Marshals and
Safe Sky Act of 2001''.
SEC. 2. PROGRAM ESTABLISHED.
(a) In General.--Chapter 37 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 570. Federal air marshals program
``(a) Definitions.--In this section:
``(1) Aircraft.--The term `aircraft' has the meaning given
that term in section 40102 of title 49.
``(2) Air transportation.--The term `air transportation'
has the meaning given that term in section 40102 of title 49.
``(3) Program.--The term `program' means the program
established under subsection (c).
``(4) Units of local government.The term `units of local
government' includes an airport authority.
``(b) Responsibility for Airport and Aircraft Safety.--This
section shall govern the security at airports and on board
commercial aircraft.
``(c) Federal Air Marshals Program.--
``(1) Goal.--The goal of the program is to provide maximum
security at airports and on board commercial aircraft by
having the Federal Government be responsible for all phases
of security for air passengers.
``(2) Establishment of federal air marshals program.--
``(A) Establishment.--The Attorney General shall establish
a Federal Air Marshals program consisting of Federal Air
Marshals, including the Federal Air Marshals participating in
the Federal Air Marshals Program being administered by the
Federal Aviation Administration before the effective date of
this section, and Deputy Federal Air Marshals in order to
provide maximum security at airports and on board commercial
aircraft.
``(B) Federal air marshals.--Federal Air Marshals shall
serve for the purpose of enforcing Federal laws that regulate
security at airports and on board commercial aircraft,
including laws relating to acts of terrorism, hijacking, or
aircraft piracy and laws relating to violent, abusive, or
disruptive behavior by passengers in air transportation.
``(C) Deputy federal air marshals.--
``(i) In general.--The Attorney General shall deputize
individuals described in clause (ii) as Deputy Federal Air
Marshals for the purpose of augmenting and assisting Federal
Air Marshals.
``(ii) Personnel.--The Attorney General shall utilize
retired military personnel, retired Federal, State, and local
law enforcement personnel, and active-duty Federal, State,
and local law enforcement personnel from other government
departments and agencies as Deputy Federal Air Marshals.
``(iii) Compensation.--The Attorney General may employ
personnel described in clause (ii)--
``(I) as volunteers;
``(II) by paying a reasonable per diem;
``(III) by employing a fee-for-service or contract
arrangement; or
``(IV) using any other method authorized by law.
``(4) Consultation.--In establishing the program, the
Attorney General shall consult with appropriate officials
of--
``(A) the United States Government (including the
Administrator of the Federal Aviation Administration or his
designated representative); and
``(B) State and local governments in any geographic area in
which the program may operate.
``(5) Certification, training and examination of air
marshals; prior approval of employer to serve as deputy air
marshal.--
``(A) In general.--Under the program, the Attorney General
shall provide appropriate training and supervision of all air
marshals, as well as appropriate background and fitness
examination of eligible candidates as part of their
certification.
``(B) Employer approval.--Active Federal, State, or local
law enforcement officers who serve as Deputy Federal Air
Marshals shall receive approval to participate in the program
from their employer.
``(d) Powers and Status of Federal Air Marshals and Deputy
Air Marshals.--
``(1) In general.--Subject to paragraph (2), Federal Air
Marshals and Deputy Federal Air Marshals may arrest and
apprehend an individual suspected of violating any Federal
law relating to security at airports or on board aircraft,
including any individual who violates a provision subject to
a civil penalty under section 46301, 46302, 46303, 46314,
46318, 46502, 46504, 46505, or 46507 of title 49, or who
commits an act described in section 46506 of title 49, or who
violates a provision subject to a criminal penalty under
sections 32 and 37 of title 18.
``(2) Limitation.--The powers granted to a Deputy Federal
Air Marshal shall be limited to enforcing Federal laws
relating to security at airports or on board aircraft.
``(e) Statutory Construction.--Nothing in this section may
be construed to--
``(1) grant any Federal Air Marshal or Deputy Federal Air
Marshal the power to enforce any Federal law that is not
described in subsection (d); or
``(2) limit the authority that a Federal, State, or local
law enforcement officer may otherwise exercise in the
officer's capacity under any other applicable law.
``(f) Regulations.--The Attorney General shall promulgate
such regulations as may be necessary to carry out this
section.
``(g) Cost Sharing.--The costs of the program shall be paid
by--
``(1) the airlines in an amount not less than the amount
(as adjusted for inflation after the effective date of this
section) the airlines were paying for airport security on the
date before the effective date of this section;
``(2) State and units of local government in an amount not
less than the amount (as adjusted for inflation after the
effective date of this section) the States and units of local
government were paying for airport security on the date
before the effective date of this section; and
``(3) the Federal Government.
``(h) Authorization of Appropriations.--
``(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated to carry out this section such
sums as may be necessary.
``(2) Limitation.--The Federal share of carrying out this
section shall be limited to the cost of the program after
payments by airlines and States and units of local government
pursuant to subsection (g).''.
SEC. 3. REPEAL.
Section 44903 of title 49, United States Code, is repealed.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take
effect 90 days after the date of enactment of this Act.
______
By Mr. ENZI (for himself, Mr. Dorgan, Mr. Frist, and Mr.
Hutchinson):
S. 1445: A bill to amend the Higher Education Act of 1965 to expand
the opportunities of higher education via telecommunications; to the
Committee on Health, Education, Labor, and Pensions.
Mr. ENZI. Mr. President, I am pleased to have this opportunity to
introduce the Internet Equity and Education Act of 2001 in the Senate.
This important legislation, which is based on the findings of the
bipartisan Web-Based Education Commission on which I served, will
accomplish the critical goal of giving more students in both rural and
urban areas access to distance education by expanding Internet-based
educational opportunities at the post-secondary level.
Specifically, this legislation, which is cosponsored by Senators
Dorgan, Frist and Hutchinson, will remove three regulatory barriers
that are slowing the growth of distance education in our nation. First,
it will modify the Department of Education's ``50 percent rule'' that
requires institutions that are eligible for Title IV student aid
programs under the Higher Education Act to offer at least 50 percent of
their instruction in a classroom-based environment. This legislation
will instead allow institutions to offer more than 50 percent of their
classes by telecommunications methods if the institution already
participates in the student loan programs and their student loan
default rate is less than 10 percent for the three preceding years.
This ensures that distance education options are available to schools
with a proven track record of successfully administering federal
financial aid programs.
Second, it will eliminate the ``12 hour rule.'' This rule defines a
week of instructional time to mean 12 hours of ``regularly scheduled
instruction, examinations, or preparation for examination'' for
programs that are offered in non-standard terms. This legislation will
instead require that programs offered on a non-standard term, such as
those offered by the University of Wyoming and the Western Governors
University, be held to the same accountability standards as those
offered on a traditional semester or quarter basis.
Third, this legislation will clarify the incentive compensation
restrictions that were passed by Congress in 1992 with the intent of
prohibiting colleges and universities that participate in federal
student financial aid programs from paying any commission, bonus, or
other incentive payments to third parties based on their success in
enrolling new students. These restrictions, while well intentioned,
have had the unintended consequence of preventing some
[[Page S9625]]
higher education institutions from using third-party Web portals. This
practice, which is fairly common and often necessary for many distance
education and Internet based education programs, provides prospective
students with access to information about the programs they offer and
admissions requirements. This legislation clarifies the incentive
compensation prohibitions in the Higher Education Act by allowing the
use of third-party Web portals and allowing schools to appropriately
reward employees for their job performance. The bill preserves the
intent of the 1992 law by stating that non-salary payments to those
directly involved in recruiting students or awarding financial aid are
not allowed. It will also allow the Secretary of Education to impose
appropriate sanctions against an institution if a violation occurs.
This change to the regulation will continue to ensure that Federal
student aid programs are free from fraud and abuse, while allowing
prospective students to gain information about all of the post-
secondary educational opportunities that are available.
As some of you may know, I have a very personal interest in the issue
of distance education. I saw how effective it can be because my wife,
Diana, received her masters degree in adult education by taking classes
through the University of Wyoming while living here in Washington.
After witnessing the high quality of the course work, the
responsiveness to students' needs, and the ``technology flexibility''
that enabled Diana's experience, I have become a strong advocate for
distance learning.
I am especially pleased to be able to sponsor this legislation at a
time when the University of Wyoming is experiencing record breaking
enrollment in Online UW, the web-based educational arm of the
University of Wyoming Outreach School. I was impressed to learn that as
of August 28, 2001 class enrollments totaled 1,164, which is a dramatic
increase over the 140 students who enrolled in the spring of 1999 when
the University launched this program. In addition to the enrollment
growth, the number of courses that are being offered is also expanding.
During the fall 2001 semester 43 online courses are available at the
University of Wyoming, supporting seven degree programs or
certificates. It is my hope that with the passage of this legislation,
programs like those at the University of Wyoming will be able to expand
even further to serve more interested students.
In closing, I would like to take this opportunity to extend my thanks
to Congressman Johnny Isakson and his staff. As the Vice Chair of the
Web-Based Education Commission, Congressman Isakson introduced this
legislation in the House earlier this year and has successfully steered
it through the House Education and the Workforce Committee, where it
passed overwhelmingly on August 1, 2001. I look forward to the same
success here in the Senate so that we might open up the possibilities
of distance education to a new generation of students.
______
By Mr. GRAHAM (for himself, Mrs. Feinstein, Mr. Bayh, Mr. Nelson
of Florida, and Mr. Rockefeller):
S. 1448. A bill to enhance intelligence and intelligence-related
activities of the United States Government in the prevention of
terrorism, and for other purposes; to the Select Committee on
Intelligence.
______
By Mr. GRAHAM (for himself, Mrs. Feinstein, Mr. Bayh, Ms.
Mikulski, Mr. Durbin, Mr. Nelson of Florida, and Mr.
Rockefeller):
S. 1449. A bill to establish the National Office for Combatting
Terrorism; to the Committee on Governmental Affairs.
Mr. GRAHAM. Madam President, it has now been 10 days since our Nation
was struck by a well-coordinated series of terrorist attacks. It has
been 10 days since we all witnessed the horror of hijacked airliners
crashing into the World Trade Center and the Pentagon. It has been 10
days since we vowed to track down and bring to justice those who
assisted, financed, and harbored these terrorists and to treat them as
terrorists.
Today, as the investigation proceeds, I believe it is time we begin
to look beyond the crisis of September 11. It is time we begin to
develop a long-term response to the continued threat of terrorism.
Terrorism ultimately is not a crisis. It is a cancerous condition, a
condition that all Americans must come to grips with as we strive to
return to normalcy.
Today, with several of my colleagues, I am introducing a pair of
bills that offer a prescription for the condition of terrorism.
The first bill will make changes to a number of laws, including the
Foreign Intelligence Surveillance Act of 1978, to enhance our ability
to infiltrate terrorist cells, to collect information necessary to
guarantee America's security, and to coordinate more effectively our
domestic efforts against terrorism.
There are four primary goals of this legislation. The first relates
to data collection to assure that our foreign intelligence should be
brought into line with the laws that control domestic law enforcement
actions. In a number of areas, we have different standards if we are
collecting information for domestic law enforcement than when we are
collecting analogous information for purposes of foreign intelligence.
Second, many regulations have not kept pace with the rapid changes we
have seen, particularly in communication technology, and need to be
updated.
Third, as we saw on September 11, most terrorist acts have both a
criminal and an intelligence component. Our foreign intelligence and
domestic law enforcement agencies need to be able to share information
in order to protect our citizens.
Fourth, there are some strategic changes we need to make in the laws,
such as better training of our local law enforcement so that they can
play their appropriate role in responding to terrorism before the act
to prevent terrorist actions, as opposed to just, as we are doing now
at the Pentagon and in New York City, picking up the pieces of the
consequences of a terrorist act that has been executed.
I emphasize that the Senate Select Committee on Intelligence has been
working on these proposals for several months. We have worked closely
with the appropriate Federal agencies, as well as within the Senate
Judiciary Committee, the Governmental Affairs Committee, and the Armed
Services Committee.
It is my hope that we will develop a consensus around the proposals
other Members of Congress may have that the Attorney General has
recently submitted. We do not purport that our list is exclusive. We
think it represents a well-researched, solid beginning against a very
serious challenge to our Nation, and we look forward to fully reviewing
those recommendations that have been made within the last 72 hours by
the Attorney General.
I also want to make it clear that I am mindful of the concerns we are
beginning to hear from various organizations that we might overreact
and impinge upon the civil liberties of our people. We would hand the
ultimate victory to terrorists if we were to allow them to coerce our
great Nation into compromising our highest values, personal freedom,
and civil rights.
Madam President, in many ways we are here today much as the country
was in the 1920s. It was at that time that America launched a national
crusade against organized crime. The Nation committed itself to rooting
out the corrupt captains of crime who had infiltrated labor unions, run
gambling operations, trafficked in illegal drugs and, in the course of
their activities, accumulated great wealth and, in many communities,
great political influence.
We can take pride that over several decades an earlier generation of
American leaders managed to put many of these domestic enemies behind
bars and diminish their influence and their corrosive effect on our
society.
I take this experience of the 20th century, our ability to begin to
roll back the influence of organized crime in the United States, as a
hopeful sign, a sign that we can pass on to our children and our
grandchildren a world that has greatly diminished the threat we now
face from terrorists. It is our hope that these two legislative
proposals will be a step in that direction.
Under our proposal, the President will appoint the Director of the
National Office for Combating Terrorism
[[Page S9626]]
subject to Senate confirmation. This individual will be accountable to
the President, to the Congress, and to the Nation.
One of the key responsibilities of this new office would be budget
coordination to assure that all of the agencies--and there are now as
many as 40 agencies that have some piece of antiterrorism activity--are
operating from a coordinated plan and that resources to carry out their
portions of the plan are properly coordinated. To do that will require
the statutory authority from Congress.
Madam President, the second bill has as its objective to assure that
the dozens of Federal agencies that have counterterrorism as one of
their missions are working together in a coordinated way to detect and
disarm terrorists.
There have been over the past several years several independent
commissions which have reviewed the issue of terrorism. Two of our
former colleagues, Senators Rudman and Hart, have headed one of those
commissions. All of those commissions have endorsed the principle of a
stronger central coordination of the Federal Government's efforts
against terrorism.
Just this past week, the General Accounting Office issued yet another
study of this issue. I quote a portion of that General Accounting
Office study:
Key interagency functions are resident in several different
organizations, resulting in fragmented leadership and
coordination. These circumstances hinder unity of effort and
limit accountability. However, the current attention being
focused on this issue provides an opportunity to improve the
overall leadership and coordination of programs to combat
terrorism.
In other words, we need to assign responsibility to someone who will
be the leader of our national effort to make certain that all of the
agencies are on the field, from the Central Intelligence Agency to the
FBI, and are following a common set of objectives. I am pleased that
President Bush endorsed this approach in his address to the Nation.
The President called, by Executive order, for the creation of a
position of homeland defense within the White House. He has assigned
that responsibility to the current Governor of Pennsylvania, Tom Ridge.
I believe we should build on what the President has recommended by
going a step further and making this position a statutory position.
Mr. ROCKEFELLER. Madam President, in the wake of the tragic events of
September 11, 2001, it is not with pride exactly, but with a firm
resolve that I join with my good friend and colleague Senator Bob
Graham, the chairman of the Senate Select Committee on Intelligence, in
cosponsoring two important pieces of legislation: Bills to establish
the National Office for Combating Terrorism and the Intelligence to
Prevent Terrorism Act of 2001.
While we strive to go on and do the work that the people sent us here
to do, we cannot help but feel heartsick as a Congress, and I am quite
sure as individuals, when we consider the unimaginable loss of human
life and the magnitude of the destruction wrought by these malicious
and misguided men. But grieve though we must, it is our solemn
responsibility as representatives of the American people to look into
this abyss and find the lessons that may be there for us.
When a relatively large group of foreign terrorists who had lived and
even trained in this country carried out a despicable and unfortunately
well-choreographed wave of terror attacks months or years in the
planning, it cast a harsh light on a range of deficiencies in our
Nation's efforts to combat terrorism. We are made to feel vulnerable by
the sheer enormity of the evil and by the realization that any of us
could become targets of the next fanatical assault. Our dread might
even turn to despondency if we consider the agonizing possibility that
our law enforcement and intelligence establishments might have been
able to prevent the horror of last Tuesday if they had had adequate
mechanisms with which to collaborate on strategy, share information,
and assist in investigation and apprehension of men capable of these
heinous crimes.
Rather than feeling despondent, however, it is our duty as a Congress
to act. This Nation and this Congress can no longer tolerate a
situation in which competing missions of agencies--or competing
personalities of public officials--put our citizens and our property at
risk. We must create an environment of coordination between the
intelligence community, our Federal, State, and local law enforcement
agencies, the military, public health authorities, and all the other
parties who can play a role in combating terrorism. I believe these two
pieces of legislation, which establish a centralized authority to
coordinate the activities and responsibilities of a multifaceted group
of agencies, and provide both the intelligence community and law
enforcement with valuable tools to combat terrorism-related crimes, do
just this.
Briefly, the bills introduced today in the Senate would do the
following:
Establish a ``National Office for Combating Terrorism'' to provide a
greater level of coordination among the Nation's law enforcement
establishment, the intelligence community, the military, public health
authorities, and State and local governments to create a coherent,
functional strategy for combating terrorism out of a current system a
blue-ribbon Presidential Commission has called fragmented,
uncoordinated, and politically unaccountable.
Ensure that terrorism-related intelligence gathered under the Foreign
Intelligence Surveillance Act--FISA--is used to further the overall
antiterrorism strategy. The legislation clarifies that the Director of
Central Intelligence--DCI--is the primary government official
responsible for coordination and dissemination of intelligence gathered
under, while retaining the FBI as the agency with operational authority
for intelligence gathering from foreign nationals.
Require law enforcement agencies to share with the DCI any terrorism-
related intelligence information gathered in criminal investigations.
Mandate cooperation between the DCI and the Treasury Department to
root out and cut off the international money trail terrorists use to
finance their activities.
Develop training programs for State and local law enforcement
agencies and public officials to help them detect terrorist activity,
and to improve their understanding and use of intelligence shared with
them.
Establish a National Virtual Translation Center to enable
intelligence information collected anywhere in the world to be
transmitted over secure electronic lines, translated and analyzed by
experts elsewhere, and shared with relevant law enforcement and
government personnel throughout this country, as well as by
policymakers in Washington and intelligence agents overseas.
Make explicit that U.S. Government officers, acting in their official
capacity, may recruit any person who has information about terrorist,
terrorist groups, or those who assist or harbor them--including foreign
governments.
The reactions to last week's attacks have ranged from shock, to
horror, to sadness, to rage, and now, as I said at the beginning of my
remarks, to resolve. Just over a week after the worst act of terrorism,
indeed, the worst crime, in the history of the country, we are united
as a people behind our President, our armed forces, and our law
enforcement agencies, resolved to root out and defeat terrorism
wherever this particular breed of hatred is fostered. Part of that
resolve may be seen in the package of legislation introduced here
today, although it would be incorrect to characterize this legislation
as a reaction to the nightmare of September 11. These bills are the
product of a longstanding concern about a lack of coordination between
our law enforcement and intelligence resources and are the result of
several months of hard work on the part of Chairman Graham, several
other members of our committee, and Intelligence Committee staff. I
believe these bills represent good first steps.
I have not had the privilege of being a member of the Intelligence
Committee for very long, but from the very first day I have been
enormously impressed with the careful balance the committee strikes
between the intelligence gathering needs of this nation, and the civil
liberties enjoyed by its citizens. However, in this time of heightened
tension and increased security, I must admit that I share some of the
concerns of many Americans, from across the political spectrum, who
fear that well-meaning reforms may unduly infringe on the liberties we
cherish.
[[Page S9627]]
While I am confident that in crafting this legislation Senator Graham
has taken those concerns very much to heart and has protected the
rights of law-abiding Americans, I will closely monitor the progress of
this legislation. I cannot overestimate the importance of ensuring that
in our zeal to prevent another terrorist assault on this Nation we do
not contribute to an atmosphere of fear and mistrust of our fellow
citizens.
I will also be looking for an understanding of these concerns from
our colleagues on the various committees of referral, and in the Senate
as a whole. We must commit ourselves and our Nation that, despite the
grave seriousness of combating terrorism, we will always safeguard
civil liberties as we consider this or any other piece of legislation
introduced to combat terrorism. What is needed--and what this package
of legislation provides--is greater coordination, efficiency, and
effectiveness among our existing antiterrorism resources, without a
surrender of the rights and liberties that make this the greatest
nation in the history of the world.
______
By Mr. DASCHLE (for himself and Mr. Lott):
S. 1450. A bill to preserve the continued viability of the United
States air transportation system; considered and passed.
Mr. DASCHLE. Madam President, I ask unanimous consent that the text
of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1450
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Transportation Safety
and System Stabilization Act''.
TITLE I--AIRLINE STABILIZATION
SEC. 101. AVIATION DISASTER RELIEF.
(a) In General.--Notwithstanding any other provision of
law, the President shall take the following actions to
compensate air carriers for losses incurred by the air
carriers as a result of the terrorist attacks on the United
States that occurred on September 11, 2001:
(1) Subject to such terms and conditions as the President
deems necessary, issue Federal credit instruments to air
carriers that do not, in the aggregate, exceed
$10,000,000,000 and provide the subsidy amounts necessary for
such instruments in accordance with the provisions of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
(2) Compensate air carriers in an aggregate amount equal to
$5,000,000,000 for--
(A) direct losses incurred beginning on September 11, 2001,
by air carriers as a result of any Federal ground stop order
issued by the Secretary of Transportation or any subsequent
order which continues or renews such a stoppage; and
(B) the incremental losses incurred beginning September 11,
2001, and ending December 31, 2001, by air carriers as a
direct result of such attacks.
(b) Emergency Designation.--Congress designates the amount
of new budget authority and outlays in all fiscal years
resulting from this title as an emergency requirement
pursuant to section 252(e) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(e)). Such
amount shall be available only to the extent that a request,
that includes designation of such amount as an emergency
requirement as defined in such Act, is transmitted by the
President to Congress.
SEC. 102. AIR TRANSPORTATION STABILIZATION BOARD.
(a) Definitions.--In this section, the following
definitions apply:
(1) Board.--The term ``Board'' means the Air Transportation
Stabilization Board established under subsection (b).
(2) Financial obligation.--The term ``financial
obligation'' means any note, bond, debenture, or other debt
obligation issued by an obligor in connection with financing
under this section and section 101(a)(1).
(3) Lender.--The term ``lender'' means any non-Federal
qualified institutional buyer (as defined by section
230.144A(a) of title 17, Code of Federal Regulations (or any
successor regulation) known as Rule 144A(a) of the Securities
and Exchange Commission and issued under the Security Act of
1933, including--
(A) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986 (26 U.S.C.
4974(c)) that is a qualified institutional buyer; and
(B) a governmental plan (as defined in section 414(d) of
the Internal Revenue Code of 1986 (26 U.S.C. 414(d)) that is
a qualified institutional buyer.
(4) Obligor.--The term ``obligor'' means a party primarily
liable for payment of the principal of or interest on a
Federal credit instrument, which party may be a corporation,
partnership, joint venture, trust, or governmental entity,
agency, or instrumentality.
(b) Air Transportation Stabilization Board.--
(1) Establishment.--There is established a board (to be
known as the ``Air Transportation Stabilization Board'') to
review and decide on applications for Federal credit
instruments under section 101(a)(1).
(2) Composition.--The Board shall consist of--
(A) the Secretary of Transportation or the designee of the
Secretary;
(B) the Chairman of the Board of Governors of the Federal
Reserve System, or the designee of the Chairman, who shall be
the Chair of the Board;
(C) the Secretary of the Treasury or the designee of the
Secretary; and
(D) the Comptroller General of the United States, or the
designee of the Comptroller General, as a nonvoting member of
the Board.
(c) Federal Credit Instruments.--
(1) In general.--The Board may enter into agreements with 1
or more obligors to issue Federal credit instruments under
section 101(a)(1) if the Board determines, in its discretion,
that--
(A) the obligor is an air carrier for which credit is not
reasonably available at the time of the transaction;
(B) the intended obligation by the obligor is prudently
incurred; and
(C) such agreement is a necessary part of maintaining a
safe, efficient, and viable commercial aviation system in the
United States.
(2) Terms and limitations.--
(A) Forms; terms and conditions.--A Federal credit
instrument shall be issued under section 101(a)(1) in such
form and on such terms and conditions and contain such
covenants, representatives, warranties, and requirements
(including requirements for audits) as the Board determines
appropriate.
(B) Procedures.--Not later than 14 days after the date of
enactment of this Act, the Director of the Office of
Management and Budget shall issue regulations setting forth
procedures for application and minimum requirements, which
may be supplemented by the Board in its discretion, for the
issuance of Federal credit instruments under section
101(a)(1).
(d) Financial Protection of Government.--
(1) In general.--To the extent feasible and practicable,
the Board shall ensure that the Government is compensated for
the risk assumed in making guarantees under this title.
(2) Government participation in gains.--To the extent to
which any participating corporation accepts financial
assistance, in the form of accepting the proceeds of any
loans guaranteed by the Government under this title, the
Board is authorized to enter into contracts under which the
Government, contingent on the financial success of the
participating corporation, would participate in the gains of
the participating corporation or its security holders through
the use of such instruments as warrants, stock options,
common or preferred stock, or other appropriate equity
instruments.
(3) Deposit in treasury.--All amounts collected by the
Secretary of the Treasury under this subsection shall be
deposited in the Treasury as miscellaneous receipts.
SEC. 103. SPECIAL RULES FOR COMPENSATION.
(a) Documentation.--Subject to subsection (b), the amount
of compensation payable to an air carrier under section
101(a)(2) may not exceed the amount of losses described in
section 101(a)(2) that the air carrier demonstrates to the
satisfaction of the President, using sworn financial
statements or other appropriate data, that the air carrier
incurred. The Secretary of Transportation and the Comptroller
General of the United States may audit such statements and
may request any information that the Secretary and the
Comptroller General deems necessary to conduct such audit.
(b) Maximum Amount of Compensation Payable Per Air
Carrier.--The maximum total amount of compensation payable to
an air carrier under section 101(a)(2) may not exceed the
lesser of--
(1) the amount of such air carrier's direct and incremental
losses described in section 101(a)(2); or
(2) in the case of--
(A) flights involving passenger-only or combined passenger
and cargo transportation, the product of--
(i) $4,500,000,000; and
(ii) the ratio of--
(I) the available seat miles of the air carrier for the
month of August 2001 as reported to the Secretary; to
(II) the total available seat miles of all such air
carriers for such month as reported to the Secretary; and
(B) flights involving cargo-only transportation, the
product of--
(i) $500,000,000; and
(ii) the ratio of--
(I) the revenue ton miles or other auditable measure of the
air carrier for cargo for the latest quarter for which data
is available as reported to the Secretary; to
(II) the total revenue ton miles or other auditable measure
of all such air carriers for cargo for such quarter as
reported to the Secretary.
(c) Payments.--The President may provide compensation to
air carriers under section 101(a)(2) in 1 or more payments up
to the amount authorized by this title.
[[Page S9628]]
SEC. 104. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.
(a) In General.--The President may only issue a Federal
credit instrument under section 101(a)(1) to an air carrier
after the air carrier enters into a legally binding agreement
with the President that, during the 2-year period beginning
September 11, 2001, and ending September 11, 2003, no officer
or employee of the air carrier whose total compensation
exceeded $300,000 in calendar year 2000 (other than an
employee whose compensation is determined through an existing
collective bargaining agreement entered into prior to
September 11, 2001)--
(1) will receive from the air carrier total compensation
which exceeds, during any 12 consecutive months of such 2-
year period, the total compensation received by the officer
or employee from the air carrier in calendar year 2000; and
(2) will receive from the air carrier severance pay or
other benefits upon termination of employment with the air
carrier which exceeds twice the maximum total compensation
received by the officer or employee from the air carrier in
calendar year 2000.
(b) Total Compensation Defined.--In this section, the term
``total compensation'' includes salary, bonuses, awards of
stock, and other financial benefits provided by an air
carrier to an officer or employee of the air carrier.
SEC. 105. CONTINUATION OF CERTAIN AIR SERVICE.
(a) Action of Secretary.--The Secretary of Transportation
should take appropriate action to ensure that all communities
that had scheduled air service before September 11, 2001,
continue to receive adequate air transportation service and
that essential air service to small communities continues
without interruption.
(b) Essential Air Service.--There is authorized to be
appropriated to the Secretary to carry out the essential air
service program under subchapter II of chapter 417 of title
49, United States Code, $120,000,000 for fiscal year 2002.
(c) Secretarial Oversight.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary is authorized to require an air carrier
receiving direct financial assistance under this Act to
maintain scheduled air service to any point served by that
carrier before September 11, 2001.
(2) Agreements.--In applying paragraph (1), the Secretary
may require air carriers receiving direct financial
assistance under this Act to enter into agreements which will
ensure, to the maximum extent practicable, that all
communities that had scheduled air service before September
11, 2001, continue to receive adequate air transportation
service.
SEC. 106. REPORTS.
(a) Report.--Not later than February 1, 2001, the President
shall transmit to the Committee on Transportation and
Infrastructure, the Committee on Appropriations, and the
Committee on the Budget of the House of Representatives and
the Committee on Commerce, Science, and Transportation, the
Committee on Appropriations, and the Committee on the Budget
of the Senate a report on the financial status of the air
carrier industry and the amounts of assistance provided under
this title to each air carrier.
(b) Update.--Not later than the last day of the 7-month
period following the date of enactment of this Act, the
President shall update and transmit the report to the
Committees.
SEC. 107. DEFINITIONS.
In this title, the following definitions apply:
(1) Air carrier.--The term ``air carrier'' has the meaning
such term has under section 40102 of title 49, United States
Code.
(2) Federal credit instrument.--The term ``Federal credit
instrument'' means any guarantee or other pledge by the Board
issued under section 101(a)(1) to pledge the full faith and
credit of the United States to pay all or part of any of the
principal of and interest on a loan or other debt obligation
issued by an obligor and funded by a lender.
(3) Incremental loss.--The term ``incremental loss'' does
not include any loss that the President determines would have
been incurred if the terrorist attacks on the United States
that occurred on September 11, 2001, had not occurred.
TITLE II--AVIATION INSURANCE
SEC. 201. DOMESTIC INSURANCE AND REIMBURSEMENT OF INSURANCE
COSTS.
(a) In General.--Section 44302 of title 49, United States
Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``subsection (b)'' and inserting
``subsection (c)''; and
(B) by striking ``foreign-flag aircraft--'' and all that
follows through the period at the end of subparagraph (B) and
inserting ``foreign-flag aircraft.'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Reimbursement of Insurance Cost Increases.--
``(1) In general.--The Secretary may reimburse an air
carrier for the increase in the cost of insurance, with
respect to a premium for coverage ending before October 1,
2002, against loss or damage arising out of any risk from the
operation of an American aircraft over the insurance premium
that was in effect for a comparable operation during the
period beginning September 4, 2001, and ending September 10,
2001, as the Secretary may determine. Such reimbursement is
subject to subsections (a)(2), (c), and (d) of this section
and to section 44303.
``(2) Payment from revolving fund.--A reimbursement under
this subsection shall be paid from the revolving fund
established by section 44307.
``(3) Further conditions.--The Secretary may impose such
further conditions on insurance for which the increase in
premium is subject to reimbursement under this subsection as
the Secretary may deem appropriate in the interest of air
commerce.
``(4) Termination of authority.--The authority to reimburse
air carriers under this subsection shall expire 180 days
after the date of enactment of this paragraph.'';
(4) in subsection (c) (as so redesignated)--
(A) in the first sentence by inserting ``, or reimburse an
air carrier under subsection (b) of this section,'' before
``only with the approval''; and
(B) in the second sentence--
(i) by inserting ``or the reimbursement'' before ``only
after deciding''; and
(ii) by inserting ``in the interest of air commerce or
national security or'' before ``to carry out the foreign
policy''; and
(5) in subsection (d) (as so redesignated) by inserting
``or reimbursing an air carrier'' before ``under this
chapter''.
(b) Coverage.--
(1) In general.--Section 44303 of such title is amended--
(A) in the matter preceding paragraph (1) by inserting ``,
or reimburse insurance costs, as'' after ``insurance and
reinsurance''; and
(B) in paragraph (1) by inserting ``in the interest of air
commerce or national security or'' before ``to carry out the
foreign policy''.
(2) Discretion of the secretary.--For acts of terrorism
committed on or to an air carrier during the 180-day period
following the date of enactment of this Act, the Secretary of
Transportation may certify that the air carrier was a victim
of an act of terrorism and in the Secretary's judgment, based
on the Secretary's analysis and conclusions regarding the
facts and circumstances of each case, shall not be
responsible for losses suffered by third parties (as referred
to in section 205.5(b)(1) of title 14, Code of Federal
Regulations) that exceed $100,000,000, in the aggregate, for
all claims by such parties arising out of such act. If the
Secretary so certifies, the air carrier shall not be liable
for an amount that exceeds $100,000,000, in the aggregate,
for all claims by such parties arising out of such act, and
the Government shall be responsible for any liability above
such amount. No punitive damages may be awarded against an
air carrier (or the Government taking responsibility for an
air carrier under this paragraph) under a cause of action
arising out of such act.
(c) Reinsurance.--Section 44304 of such title is amended--
(1) by striking ``(a) General Authority.--''; and
(2) by striking subsection (b).
(d) Premiums.--Section 44306 of such title is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Allowances in Setting Premium Rates for
Reinsurance.--In setting premium rates for reinsurance, the
Secretary may make allowances to the insurance carrier for
expenses incurred in providing services and facilities that
the Secretary considers good business practices, except for
payments by the air carrier for the stimulation or
solicitation of insurance business.''.
(e) Conforming Amendment.--Section 44305(b) of such title
is amended by striking ``44302(b)'' and inserting
``44302(c)''.
SEC. 202. EXTENSION OF PROVISIONS TO VENDORS, AGENTS, AND
SUBCONTRACTORS OF AIR CARRIERS.
Notwithstanding any other provision of this title, the
Secretary may extend any provision of chapter 443 of title
49, United States Code, as amended by this title, and the
provisions of this title, to vendors, agents, and
subcontractors of air carriers. For the 180-day period
beginning on the date of enactment of this Act, the Secretary
may extend or amend any such provisions so as to ensure that
the entities referred to in the preceding sentence are not
responsible in cases of acts of terrorism for losses suffered
by third parties that exceed the amount of such entities'
liability coverage, as determined by the Secretary.
TITLE III--TAX PROVISIONS
SEC. 301. EXTENSION OF DUE DATE FOR EXCISE TAX DEPOSITS;
TREATMENT OF LOSS COMPENSATION.
(a) Extension of Due Date for Excise Tax Deposits.--
(1) In general.--In the case of an eligible air carrier,
any airline-related deposit required under section 6302 of
the Internal Revenue Code of 1986 to be made after September
10, 2001, and before November 15, 2001, shall be treated for
purposes of such Code as timely made if such deposit is made
on or before November 15, 2001. If the Secretary of the
Treasury so prescribes, the preceding sentence shall be
applied by substituting for ``November 15, 2001'' each place
it appears--
(A) ``January 15, 2002'', or
(B) such earlier date after November 15, 2001, as such
Secretary may prescribe.
(2) Eligible air carrier.--For purposes of this subsection,
the term ``eligible air carrier'' means any domestic
corporation engaged in the trade or business of transporting
(for hire) persons by air if such
[[Page S9629]]
transportation is available to the general public.
(3) Airline-related deposit.--For purposes of this
subsection, the term ``airline-related deposit'' means any
deposit of--
(A) taxes imposed by subchapter C of chapter 33 of such
Code (relating to transportation by air), and
(B) taxes imposed by chapters 21, 22, and 24 with respect
to employees engaged in a trade or business referred to in
paragraph (2).
(b) Treatment of Loss Compensation.--Nothing in any
provision of law shall be construed to exclude from gross
income under the Internal Revenue Code of 1986 any
compensation received under section 101(a)(2) of this Act.
TITLE IV--VICTIM COMPENSATION
SEC. 401. SHORT TITLE.
This title may be cited as the ``September 11th Victim
Compensation Fund of 2001''.
SEC. 402. DEFINITIONS.
In this title, the following definitions apply:
(1) Air carrier.--The term ``air carrier'' means a citizen
of the United States undertaking by any means, directly or
indirectly, to provide air transportation and includes
employees and agents of such citizen.
(2) Air transportation.--The term ``air transportation''
means foreign air transportation, interstate air
transportation, or the transportation of mail by aircraft.
(3) Claimant.--The term ``claimant'' means an individual
filing a claim for compensation under section 405(a)(1).
(4) Collateral source.--The term ``collateral source''
means all collateral sources, including life insurance,
pension funds, death benefit programs, and payments by
Federal, State, or local governments related to the
terrorist-related aircraft crashes of September 11, 2001.
(5) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment
opportunities) to the extent recovery for such loss is
allowed under applicable State law.
(6) Eligible individual.--The term ``eligible individual''
means an individual determined to be eligible for
compensation under section 405(c).
(7) Noneconomic losses.--The term ``noneconomic losses''
means losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of
domestic service), hedonic damages, injury to reputation, and
all other nonpecuniary losses of any kind or nature.
(8) Special master.--The term ``Special Master'' means the
Special Master appointed under section 404(a).
SEC. 403. PURPOSE.
It is the purpose of this title to provide compensation to
any individual (or relatives of a deceased individual) who
was physically injured or killed as a result of the
terrorist-related aircraft crashes of September 11, 2001.
SEC. 404. ADMINISTRATION.
(a) In General.--The Attorney General, acting through a
Special Master appointed by the Attorney General, shall--
(1) administer the compensation program established under
this title;
(2) promulgate all procedural and substantive rules for the
administration of this title; and
(3) employ and supervise hearing officers and other
administrative personnel to perform the duties of the Special
Master under this title.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to pay the
administrative and support costs for the Special Master in
carrying out this title.
SEC. 405. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.
(a) Filing of Claim.--
(1) In general.--A claimant may file a claim for
compensation under this title with the Special Master. The
claim shall be on the form developed under paragraph (2) and
shall state the factual basis for eligibility for
compensation and the amount of compensation sought.
(2) Claim form.--
(A) In general.--The Special Master shall develop a claim
form that claimants shall use when submitting claims under
paragraph (1). The Special Master shall ensure that such form
can be filed electronically, if determined to be practicable.
(B) Contents.--The form developed under subparagraph (A)
shall request--
(i) information from the claimant concerning the physical
harm that the claimant suffered, or in the case of a claim
filed on behalf of a decedent information confirming the
decedent's death, as a result of the terrorist-related
aircraft crashes of September 11, 2001;
(ii) information from the claimant concerning any possible
economic and noneconomic losses that the claimant suffered as
a result of such crashes; and
(iii) information regarding collateral sources of
compensation the claimant has received or is entitled to
receive as a result of such crashes.
(3) Limitation.--No claim may be filed under paragraph (1)
after the date that is 2 years after the date on which
regulations are promulgated under section 407.
(b) Review and Determination.--
(1) Review.--The Special Master shall review a claim
submitted under subsection (a) and determine--
(A) whether the claimant is an eligible individual under
subsection (c);
(B) with respect to a claimant determined to be an eligible
individual--
(i) the extent of the harm to the claimant, including any
economic and noneconomic losses; and
(ii) the amount of compensation to which the claimant is
entitled based on the harm to the claimant, the facts of the
claim, and the individual circumstances of the claimant.
(2) Negligence.--With respect to a claimant, the Special
Master shall not consider negligence or any other theory of
liability.
(3) Determination.--Not later than 120 days after that date
on which a claim is filed under subsection (a), the Special
Master shall complete a review, make a determination, and
provide written notice to the claimant, with respect to the
matters that were the subject of the claim under review. Such
a determination shall be final and not subject to judicial
review.
(4) Rights of claimant.--A claimant in a review under
paragraph (1) shall have--
(A) the right to be represented by an attorney;
(B) the right to present evidence, including the
presentation of witnesses and documents; and
(C) any other due process rights determined appropriate by
the Special Master.
(5) No punitive damages.--The Special Master may not
include amounts for punitive damages in any compensation paid
under a claim under this title.
(6) Collateral compensation.--The Special Master shall
reduce the amount of compensation determined under paragraph
(1)(B)(ii) by the amount of the collateral source
compensation the claimant has received or is entitled to
receive as a result of the terrorist-related aircraft crashes
of September 11, 2001.
(c) Eligibility.--
(1) In general.--A claimant shall be determined to be an
eligible individual for purposes of this subsection if the
Special Master determines that such claimant--
(A) is an individual described in paragraph (2); and
(B) meets the requirements of paragraph (3).
(2) Individuals.--A claimant is an individual described in
this paragraph if the claimant is--
(A) an individual who--
(i) was present at the World Trade Center, (New York, New
York), the Pentagon (Arlington, Virginia), or the site of the
aircraft crash at Shanksville, Pennsylvania at the time, or
in the immediate aftermath, of the terrorist-related aircraft
crashes of September 11, 2001; and
(ii) suffered physical harm or death as a result of such an
air crash;
(B) an individual who was a member of the flight crew or a
passenger on American Airlines flight 11 or 77 or United
Airlines flight 93 or 175, except that an individual
identified by the Attorney General to have been a participant
or conspirator in the terrorist-related aircraft crashes of
September 11, 2001, or a representative of such individual
shall not be eligible to receive compensation under this
title; or
(C) in the case of a decedent who is an individual
described in subparagraph (A) or (B), the personal
representative of the decedent who files a claim on behalf of
the decedent.
(3) Requirements.--
(A) Single claim.--Not more than one claim may be submitted
under this title by an individual or on behalf of a deceased
individual.
(B) Limitation on civil action.--
(i) In general.--Upon the submission of a claim under this
title, the claimant waives the right to file a civil action
(or to be a party to an action) in any Federal or State court
for damages sustained as a result of the terrorist-related
aircraft crashes of September 11, 2001. The preceding
sentence does not apply to a civil action to recover
collateral source obligations.
(ii) Pending actions.--In the case of an individual who is
a party to a civil action described in clause (i), such
individual may not submit a claim under this title unless
such individual withdraws from such action by the date that
is 90 days after the date on which regulations are
promulgated under section 407.
SEC. 406. PAYMENTS TO ELIGIBLE INDIVIDUALS.
(a) In General.--Not later than 20 days after the date on
which a determination is made by the Special Master regarding
the amount of compensation due a claimant under this title,
the Special Master shall authorize payment to such claimant
of the amount determined with respect to the claimant.
(b) Payment Authority.--This title constitutes budget
authority in advance of appropriations Acts and represents
the obligation of the Federal Government to provide for the
payment of amounts for compensation under this title.
(c) Additional Funding.--
(1) In general.--The Attorney General is authorized to
accept such amounts as may be contributed by individuals,
business concerns, or other entities to carry out this title,
under such terms and conditions as the Attorney General may
impose.
[[Page S9630]]
(2) Use of separate account.--In making payments under this
section, amounts contained in any account containing funds
provided under paragraph (1) shall be used prior to using
appropriated amounts.
SEC. 407. REGULATIONS.
Not later than 90 days after the date of enactment of this
Act, the Attorney General, in consultation with the Special
Master, shall promulgate regulations to carry out this title,
including regulations with respect to--
(1) forms to be used in submitting claims under this title;
(2) the information to be included in such forms;
(3) procedures for hearing and the presentation of
evidence;
(4) procedures to assist an individual in filing and
pursuing claims under this title; and
(5) other matters determined appropriate by the Attorney
General.
SEC. 408. LIMITATION ON AIR CARRIER LIABILITY.
(a) In General.--Notwithstanding any other provision of
law, liability for all claims, whether for compensatory or
punitive damages, arising from the terrorist-related aircraft
crashes of September 11, 2001, against any air carrier shall
not be in an amount greater than the limits of the liability
coverage maintained by the air carrier.
(b) Federal Cause of Action.--
(1) Availability of action.--There shall exist a Federal
cause of action for damages arising out of the hijacking and
subsequent crashes of American Airlines flights 11 and 77,
and United Airlines flights 93 and 175, on September 11,
2001. Notwithstanding section 40120(c) of title 49, United
States Code, this cause of action shall be the exclusive
remedy for damages arising out of the hijacking and
subsequent crashes of such flights.
(2) Substantive law.--The substantive law for decision in
any such suit shall be derived from the law, including choice
of law principles, of the State in which the crash occurred
unless such law is inconsistent with or preempted by Federal
law.
(3) Jurisdiction.--The United States District Court for the
Southern District of New York shall have original and
exclusive jurisdiction over all actions brought for any claim
(including any claim for loss of property, personal injury,
or death) resulting from or relating to the terrorist-related
aircraft crashes of September 11, 2001.
(c) Exclusion.--Nothing in this section shall in any way
limit any liability of any person who is a knowing
participant in any conspiracy to hijack any aircraft or
commit any terrorist act.
SEC. 409. RIGHT OF SUBROGATION.
The United States shall have the right of subrogation with
respect to any claim paid by the United States under this
title.
TITLE V--AIR TRANSPORTATION SAFETY
SEC. 501. INCREASED AIR TRANSPORTATION SAFETY.
Congress affirms the President's decision to spend
$3,000,000,000 on airline safety and security in conjunction
with this Act in order to restore public confidence in the
airline industry.
SEC. 502. CONGRESSIONAL COMMITMENT.
Congress is committed to act expeditiously, in consultation
with the Secretary of Transportation, to strengthen airport
security and take further measures to enhance the security of
air travel.
TITLE VI--SEPARABILITY
SEC. 601. SEPARABILITY.
If any provision of this Act (including any amendment made
by this Act) or the application thereof to any person or
circumstance is held invalid, the remainder of this Act
(including any amendment made by this Act) and the
application thereof to other persons or circumstances shall
not be affected thereby.
______
By Mr. REID (for himself and Mr. Ensign):
S. 1451. A bill to provide for the conveyance of certain public land
in Clark County, Nevada, for use as a shooting range; to the Committee
on Energy and Natural Resources.
Mr. REID. Madam President, I rise today for myself and for Senator
Ensign to introduce the Clark County Public Shooting Range Conveyance
Act.
Clark County and the Las Vegas Valley have experienced tremendous
population growth over the past decade from about 770,000 in 1990 to
over 1.4 million people today. This growth has had a tremendous impact
on uses of the outlying public lands, including traditional
recreational activities such as hunting, fishing and target shooting.
There are literally dozens, if not hundreds, of makeshift shooting
ranges across Las Vegas Valley which pose extreme danger to nearby
homes and increasingly busy roads.
My bill provides the foundation for the establishment of a world-
class shooting range, sports park and firearms training facility by
conveying 2,880 acres of public land to Clark County. This facility
will be used by residents of, and visitors to the Las Vegas Valley for
recreation, education, competitive and marksmanship events, and
training related to firearms. Firearms training facilities owned and
operated by the Metropolitan Police Department and the North Las Vegas
Police Department are also being encroached upon by residential and
commercial development. Special facilities will be provided at the
Clark County facility to accommodate law enforcement training for
firearms qualification and certification.
This facility will provide a great public benefit by creating a safe
centralized location for this important purpose. It will enhance public
safety by reducing indiscriminate shooting. This facility will also
provide economic incentives to the Las Vegas Valley in the form of jobs
and support services.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1451
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CONVEYANCE OF PROPERTY TO CLARK COUNTY, NEVADA.
(a) Findings.--Congress finds that--
(1) the Las Vegas area has experienced such rapid growth in
the last few years that traditional locations for target
shooting are now too close to populated areas for safety;
(2) there is a need to designate a centralized location in
the Las Vegas valley where target shooters can practice
safely; and
(3) a central facility is also needed for persons training
in the use of firearms, such as local law enforcement and
security personnel.
(b) Purposes.--The purposes of this Act are--
(1) to provide a suitable location for the establishment of
a centralized shooting facility in the Las Vegas valley; and
(2) to provide the public with--
(A) opportunities for education and recreation; and
(B) a location for competitive events and marksmanship
training.
(c) Conveyance.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior shall
convey to Clark County, Nevada, subject to valid existing
rights, for no consideration, all right, title, and interest
of the United States in and to the parcels of land described
in subsection (d).
(d) Land Descriptions.--The parcels of land to be conveyed
under subsection (c) are the parcels of land described as
follows:
(1) Approximately 320 acres of land in Clark County,
Nevada, in S\1/2\, sec. 25, T. 18 S., R. 60 E., Mount Diablo
Base and Meridian.
(2) Approximately 320 acres of land in Clark County,
Nevada, in S\1/2\, sec. 26, T. 18 S., R. 60 E., Mount Diablo
Base and Meridian.
(3) Approximately 320 acres of land in Clark County,
Nevada, in S\1/2\, sec. 27, T. 18 S., R. 60 E., Mount Diablo
Base and Meridian.
(4) Approximately 640 acres of land in Clark County,
Nevada, in sec. 34, T. 18 S., R. 60 E., Mount Diablo Base and
Meridian.
(5) Approximately 640 acres of land in Clark County,
Nevada, in sec. 35, T. 18 S., R. 60 E., Mount Diablo Base and
Meridian.
(6) Approximately 640 acres of land in Clark County,
Nevada, in sec. 36, T. 18 S., R. 60 E., Mount Diablo Base and
Meridian.
(e) Use of Land.--
(1) In general.--The parcels of land conveyed under
subsection (c)--
(A) shall be used by Clark County for the purposes
described in subsection (b) only; and
(B) shall not be disposed of by the county.
(2) Reversion.--If Clark County ceases to use any parcel
for the purposes described in subsection (b), title to the
parcel shall revert to the United States, at the option of
the United States.
(f) Additional Terms and Conditions.--The Secretary of the
Interior may require such additional terms and conditions in
connection with the conveyance as the Secretary considers
appropriate to protect the interests of the United States.
(g) Release of Land.--Congress--
(1) finds that the parcels of land conveyed under
subsection (c), comprising a portion of the Quail Springs
Wilderness Study Area, NV-050-411, managed by the Bureau of
Land Management and reported to Congress in 1991, have been
adequately studied for wilderness designation under section
603 of the Federal Land Management Policy Act of 1976 (43
U.S.C. 1782); and
(2) declares that those parcels are no longer subject to
the requirements contained in subsection (c) of that section
pertaining to the management of wilderness study areas in a
manner that does not impair the suitability of such areas for
preservation as wilderness.
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By Mr. KENNEDY (for himself, Mr. Brownback, Mr. Grassley, Mr.
Leahy, and Ms. Cantwell):
S. 1452. A bill to provide for electronic access by the Department of
State and Immigration and Naturalization Service to certain information
in the criminal history records of the Federal Bureau of Investigation
to determine whether or not a visa applicant or applicant for admission
has a
[[Page S9631]]
criminal record; to the Committee on the Judiciary.
Mr. KENNEDY. Madam President, it is a privilege to join my colleagues
Senators Brownback, Leahy, Grassley, and Cantwell in introducing
immigration legislation that will enhance our intelligence capabilities
and improve our border security.
These critical functions are an important part of the massive
challenges now facing the country in the wake of last week's terrorist
attacks. These functions are the shared responsibility of the FBI, the
INS, and the State Department. This legislation will provide U.S.
consular officers and the INS, including inspectors at our ports of
entry, with electronic access to information located within certain FBI
databases, such as the National Crime Information Center's Interstate
Identification Index, the Wanted Persons File, and other files
maintained by the National Crime Information Center. Electronic access
to this information will enable the State Department and the INS to act
immediately to identify high-risk criminals seeking admission to the
United States or seeking other immigration benefits.
Clearly, we must improve the security and intelligence capabilities
of the Nation. But we must do so without violating the basic rights and
liberties of the American people. Our legislation includes provisions
to protect individual privacy. It authorizes the Secretary of State to
draft regulations which will appropriately limit the use of the FBI's
information. These regulations will require the information to be
safeguarded from unnecessary dissemination, so that it is used only for
the purpose of making decisions on the issuance or denial of visas or
immigration benefits, and so that its confidentiality will be
maintained to protect the privacy rights of those who are the subject
of the information.
These steps are needed now. We must also examine other ideas to
improve safety at the Nation's borders and strengthen our overall
ability as much as possible to prevent future terrorist attacks.
I urge all of my colleagues to support this important legislation.
______
By Ms. SNOWE (for herself and Mr. Stevens):
S. 1455. A bill to amend title 49, United States Code, to regulate
the training of aliens to operate jet-propelled aircraft, and for other
purposes; to the Committee on Commerce, Science, and Transportation.
Ms. SNOWE. Madam President, I am sure I am not alone in finding that
one of the more disturbing revelations of the investigation into the
September 11 terrorist attack on the World Trade Center and Pentagon is
that over half of the hijackers received flight instruction at American
facilities. Investigators have named ten separate flying schools across
the United States, from California to Oklahoma to Florida, where the
hijacking suspects may have engaged in flight training in one form or
another. In addition, it is believed that one of these suspects was
able to gain legal entry into the United States through the assistance
of a flight school that provided immigration documentation.
I know that this ironic turn of events, the schools dedicated to the
safety of the airline industry were unwittingly utilized to facilitate
the worst airline disaster in history, has school administrators and
instructors asking themselves, ``What if . . .'' as they look in the
mirror every morning.
We need to take action now to remove the doubts of the instructors as
well as restore confidence in student pilots engaged in valid training.
That is why I am introducing legislation to require thorough background
checks on foreign nationals seeking advanced flight or jet aircraft
training in American flight schools.
At present the Federal Aviation Administration FAA, regulates course
content at these schools and does it well, the U.S. has the best
training program in the world and pilot certification from the FAA is
considered the industry ``gold standard.'' That is why a large number
of foreign students are attracted to American schools. And we want to
continue to encourage foreign participation at our schools, it assures
aviation safety world wide.
However, the FAA does not regulate who can participate in pilot
training, be it glider plane basics or 757 advanced training. More
specifically, the requirement for foreign students is limited to
demonstrated English proficiency and proper immigration documentation.
Given the events of September 11, it is imperative that the screening
process for pilot trainees be improved. As such, the legislation I am
introducing today mandates the completion of security checks before
foreign nationals may commence advanced jet training. Specifically, by
requiring that the Attorney General carry out background investigations
on individuals seeking such training, the legislation ensures a
comprehensive review against records held by such agencies as the FBI,
INS, and DEA will be carried out prior to starting training on any
simulator or jet powered aircraft. Also, given the recent tragedies in
New York, Washington DC, and Pennsylvania, all foreign nationals
currently in training would be required to stop until a satisfactory
background check is completed.
I want to urge my colleagues to join me in taking this small but
critical step to prevent a repeat of unintentionally training those who
would terrorize our cities and skies and ask for their support in
increasing security requirements for flight training.
____________________