[Congressional Record Volume 147, Number 131 (Wednesday, October 3, 2001)]
[Senate]
[Pages S10166-S10168]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1843. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 2506, making appropriations for foreign 
operations, export financing, and related programs for the fiscal year 
ending September 30, 2002, and for other purposes; which was ordered to 
lie on the table; as follows;

       On page 143, beginning on line 9, strike ``and (3)'' and 
     all that follows through the colon and insert the following: 
     ``(3) effective mechanisms are in place to evaluate claims of 
     local citizens that their health was harmed or their licit 
     agricultural crops were damaged by such aerial coca 
     fumigation, and provide fair compensation for meritorious 
     claims; and (4) alternative development programs and 
     emergency aid plans have been developed, in consultation with 
     communities and local authorities in the areas in which such 
     aerial coca fumigation is planned, and in the areas in which 
     such aerial coca fumigation has been conducted, such programs 
     and plans are being implemented:''.
                                  ____

  SA 1844. Mr. REID (for Mr. Kohl) proposed an amendment to the bill 
H.R. 768, an act to amend the Improving America's Schools Act of 1994 
to extend the favorable treatment of need-based educational aid under 
the antitrust laws, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Need-Based Educational Aid 
     Act of 2001''.

     SEC. 2. AMENDMENT.

       Section 568(d) of the Improving America's Schools Act of 
     1994 (15 U.S.C. 1 note) is amended by striking ``2001'' and 
     inserting ``2008''.

     SEC. 3. GAO STUDY AND REPORT.

       (a) Study.--
       (1) In general.--The Comptroller General shall conduct a 
     study of the effect of the antitrust exemption on 
     institutional student aid under section 568 of the Improving 
     America's Schools Act of 1994 (15 U.S.C. 1 note).
       (2) Consultation.--The Comptroller General shall have final 
     authority to determine the content of the study under 
     paragraph (1), but in determining the content of the study, 
     the Comptroller General shall consult with--
       (A) the institutions of higher education participating 
     under the antitrust exemption under section 568 of the 
     Improving America's Schools Act of 1994 (15 U.S.C. 1 note) 
     (referred to in this Act as the ``participating 
     institutions'');
       (B) the Antitrust Division of the Department of Justice; 
     and
       (C) other persons that the Comptroller General determines 
     are appropriate.
       (3) Matters studied.--
       (A) In general.--The study under paragraph (1) shall--
       (i) examine the needs analysis methodologies used by 
     participating institutions;
       (ii) identify trends in undergraduate costs of attendance 
     and institutional undergraduate grant aid among participating 
     institutions, including--

       (I) the percentage of first-year students receiving 
     institutional grant aid;
       (II) the mean and median grant eligibility and 
     institutional grant aid to first-year students; and
       (III) the mean and median parental and student 
     contributions to undergraduate costs of attendance for first 
     year students receiving institutional grant aid;

       (iii) to the extent useful in determining the effect of the 
     antitrust exemption under section 568 of the Improving 
     America's Schools Act of 1994 (15 U.S.C. 1 note), examine--

       (I) comparison data, identified in clauses (i) and (ii), 
     from institutions of higher education that do not participate 
     under the antitrust exemption under section 568 of the 
     Improving America's Schools Act of 1994 (15 U.S.C. 1 note); 
     and
       (II) other baseline trend data from national benchmarks; 
     and

       (iv) examine any other issues that the Comptroller General 
     determines are appropriate, including other types of aid 
     affected by section 568 of the Improving America's Schools 
     Act of 1994 (15 U.S.C. 1 note).
       (B) Assessment.--
       (i) In general.--The study under paragraph (1) shall assess 
     what effect the antitrust exemption on institutional student 
     aid has had on institutional undergraduate grant aid and 
     parental contribution to undergraduate costs of attendance.
       (ii) Changes over time.--The assessment under clause (i) 
     shall consider any changes in institutional undergraduate 
     grant aid and parental contribution to undergraduate costs of 
     attendance over time for institutions of higher education, 
     including consideration of--

       (I) the time period prior to adoption of the consensus 
     methodologies at participating institutions; and
       (II) the data examined pursuant to subparagraph (A)(iii).

       (b) Report.--
       (1) In general.--Not later than September 30, 2006, the 
     Comptroller General shall submit a report to the Committee on 
     the Judiciary of the Senate and the Committee on the 
     Judiciary of the House of Representatives that contains the 
     findings and conclusions of the Comptroller General regarding 
     the matters studied under subsection (a).
       (2) Identifying individual institutions.--The Comptroller 
     General shall not identify an individual institution of 
     higher education in information submitted in the report under 
     paragraph (1) unless the information on the institution is 
     available to the public.
       (c) Recordkeeping Requirement.--
       (1) In general.--For the purpose of completing the study 
     under subsection (a)(1), a participating institution shall--
       (A) collect and maintain for each academic year until the 
     study under subsection (a)(1) is completed--
       (i) student-level data that is sufficient, in the judgment 
     of the Comptroller General, to permit the analysis of 
     expected family contributions, identified need, and 
     undergraduate grant aid awards; and
       (ii) information on formulas used by the institution to 
     determine need; and

[[Page S10167]]

       (B) submit the data and information under paragraph (1) to 
     the Comptroller General at such time as the Comptroller 
     General may reasonably require.
       (2) Non-participating institutions.--Nothing in this 
     subsection shall be construed to require an institution of 
     higher education that does not participate under the 
     antitrust exemption under section 568 of the Improving 
     America's Schools Act of 1994 (15 U.S.C. 1 note) to collect 
     and maintain data under this subsection.

     SEC. 4. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect on September 30, 2001.

       Amend the title so as to read: ``An Act to amend the 
     Improving America's Schools Act of 1994 to extend the 
     favorable treatment of need-based educational aid under the 
     antitrust laws, and for other purposes.''.
                                  ____

  SA 1845. Mr. THOMPSON submitted an amendment intended to be proposed 
by him to the bill S. 1447, to improve aviation security, and for other 
purposes; which was ordered to lie on the table; as follows:
       On page 2, lines 20 and 21, strike ``The Government 
     Accounting Office, as well as other independent'' and insert 
     ``Independent''.
       On page 4, lines 10 and 11, strike ``hiring and training'' 
     and insert ``hiring, training, and evaluating''.
       On page 4, line 19, before the semicolon, insert ``and for 
     ensuring accountability of the officials (public or private) 
     responsible for administering the operational aspects of 
     aviation security, based on performance standards''.
       On page 7, line 23, after the period, insert the following: 
     ``The Administrator shall provide funding and permanent staff 
     to the Council.''.
       On page 18, lines 20 and 21, strike ``in accordance with 
     the provisions of part III of title 5'' and insert 
     ``notwithstanding the provisions of title 5''.
       At the end of the bill, insert the following:

     SEC. 15. HUMAN CAPITAL CHANGES TO REINFORCE RESULTS-BASED 
                   MANAGEMENT.

       (a) In General.--Subchapter II of chapter 449 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 44939. Human capital changes to reinforce results-
       based management

       ``(a) Authority of the Administrator.--
       ``(1) The Administrator shall maintain responsibility for 
     the development and promulgation of policy and regulations 
     relating to aviation security.
       ``(2) The Deputy Administrator for Aviation Security shall 
     be subject to the direction of the Administrator.
       ``(b) Appointment of the Deputy Administrator for Aviation 
     Security.--
       ``(1) The Deputy Administrator for Aviation Security shall 
     be appointed by the Administrator for a term of not less than 
     3 and not more than 5 years. The appointment shall be made on 
     the basis of experience with law enforcement, national 
     security, or intelligence.
       ``(2) The Deputy Administrator for Aviation Security may be 
     removed by the Administrator or the President for misconduct 
     or failure to meet performance goals as set forth in the 
     performance agreement described in section 44940.
       ``(c) Reappointment of the Deputy Administrator for 
     Aviation Security.--The Administrator may reappoint the 
     Deputy Administrator for Aviation Security to subsequent 
     terms of not less than 3 and not more than 5 years, so long 
     as the performance of the Deputy Administrator is 
     satisfactory.
       ``(d) Compensation.--
       ``(1) In general.--The Deputy Administrator for Aviation 
     Security is authorized to be paid at an annual rate of basic 
     pay not to exceed the maximum rate of basic pay for the 
     Senior Executive Service under section 5382 of title 5, 
     United States Code, including any applicable locality-based 
     comparability payment that may be authorized under section 
     5304(h)(2)(B) of such title.
       ``(2) Bonus.--In addition, the Deputy Administrator for 
     Aviation Security may receive a bonus of up to 50 percent of 
     base pay, based upon the Administrator's evaluation of the 
     Deputy Administrator's performance in relation to the goals 
     set forth in the agreement described in section 44940. The 
     annual compensation of the Deputy Administrator may not 
     exceed $200,000.
       ``(e) Senior Management.--
       ``(1) Appointment.--The Deputy Administrator for Aviation 
     Security may appoint such senior managers as that 
     Administrator determines necessary without regard to the 
     provisions of title 5, United States Code.
       ``(2) Compensation.--
       ``(A) In general.--A senior manager, appointed pursuant to 
     paragraph (1), may be paid at an annual rate of basic pay of 
     not more than the maximum rate of basic pay for the Senior 
     Executive Service under section 5382 of title 5, United 
     States Code, including any applicable locality-based 
     comparability payment that may be authorized under section 
     5304(h)(2)(C) of such title.
       ``(B) Bonus.--In addition, senior managers appointed 
     pursuant to paragraph (1) may receive bonuses based on the 
     Deputy Administrator's evaluation of their performance in 
     relation to goals set forth in agreements described in 
     section 44940. The annual compensation for a senior manager 
     may not exceed 125 percent of the maximum rate of base pay 
     for the Senior Executive Service.
       ``(3) Removal.--Senior managers may be removed by the 
     Deputy Administrator for Aviation Security for misconduct or 
     failure to meet performance goals set forth in the 
     performance agreements.
       ``(4) Personnel ceilings.--The Deputy Administrator for 
     Aviation Security shall not be subject to ceilings relating 
     to the number or grade of employees.
       ``(5) Aviation security ombudsman.--The Deputy 
     Administrator for Aviation Security, in consultation with the 
     Administrator, shall appoint an ombudsman to address the 
     concerns of aviation security stakeholders, such as airport 
     authorities air carriers, consumer groups, and the travel 
     industry.

     ``Sec. 44940. Short-term transition; long-term results

       ``(a) Short-Term Transition.--
       ``(1) In general.--Within 60 days after the date of 
     enactment of the Aviation Security Act, the Deputy 
     Administrator for Aviation Security shall, in consultation 
     with Congress--
       ``(A) establish acceptable levels of performance for 
     aviation security, including screening operations and access 
     control; and
       ``(B) provide Congress with an action plan, containing 
     measurable goals and milestones, that outlines how those 
     levels of performance will be achieved.
       ``(2) Basics of action plan.--The action plan shall clarify 
     the responsibilities of the Department of Transportation, the 
     Administrator, the Deputy Administrator for Aviation 
     Security, and any other agency or organization that may have 
     a role in ensuring the safety and security of the civil air 
     transportation system.
       ``(b) Long-Term Results-Based Management.--
       ``(1) Performance plan and report.--
       ``(A) Performance plan.--
       ``(i) Each year, consistent with the requirements of the 
     Government Performance and Results Act of 1993 (GPRA), the 
     Administrator and the Deputy Administrator for Aviation 
     Security shall agree on a performance plan for the succeeding 
     5 years that establishes measurable goals and objectives for 
     aviation security. The plan shall identify action steps 
     necessary to achieve such goals.
       ``(ii) In addition to meeting the requirements of GPRA, the 
     performance plan shall clarify the responsibilities of the 
     Department of Transportation, the Administrator, the Deputy 
     Administrator for Aviation Security, and any other agency or 
     organization that may have a role in ensuring safety and 
     security of the civil air transportation system.
       ``(iii) The performance plan shall be available to the 
     public. The Deputy Administrator for Aviation Security may 
     prepare a nonpublic appendix covering performance goals and 
     indicators that, if revealed to the public, would likely 
     impede achievement of those goals and indicators.
       ``(B) Performance report.--
       ``(i) Each year, consistent with the requirements of GPRA, 
     the Deputy Administrator for Aviation Security shall prepare 
     and submit to Congress an annual report including an 
     evaluation of the extent goals and objectives were met. The 
     report shall include the results achieved during the year 
     relative to the goals established in the performance plan.
       ``(ii) The performance report shall be available to the 
     public. The Deputy Administrator for Aviation Security may 
     prepare a nonpublic appendix covering performance goals and 
     indicators that, if revealed to the public, would likely 
     impede achievement of those goals and indicators.
       ``(2) Performance management.--
       ``(A) Establishing management accountability for meeting 
     performance goals.--
       ``(i) Each year, the Administrator and the Deputy 
     Administrator for Aviation Security shall enter into an 
     annual performance agreement that shall set forth 
     organizational and individual performance goals for the 
     Deputy Administrator.
       ``(ii) Each year, the Deputy Administrator for Aviation 
     Security and each senior manager shall enter into an annual 
     performance agreement that sets forth organization and 
     individual goals for those managers.
       ``(B) Establishing a fair and equitable system for 
     measuring staff performance.--The Deputy Administrator for 
     Aviation Security shall establish an annual performance 
     management system, notwithstanding the provisions of title 5, 
     which strengthens the organization's effectiveness by 
     providing for the establishment of goals and objectives for 
     individual, group, and organizational performance consistent 
     with the performance plan.
       ``(3) Performance-based service contracting.--In carrying 
     out the aviation security program, the Deputy Administrator 
     for Aviation Security shall, to the extent practicable, 
     maximize the use of performance-based service contracts for 
     any screening activities that may be out-sourced. These 
     contracts should be consistent with guidelines published by 
     the Office of Federal Procurement Policy.''.
       (b) Conforming Amendment.--The chapter analysis for 
     subchapter II of chapter 449, of title 49, United States 
     Code, is amended by inserting after the item relating to 
     section 44938 the following new items:

``44939. Human capital changes to reinforce results-based management
``44940. Short-term transition; long-term results''.

[[Page S10168]]



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