[Congressional Record Volume 147, Number 134 (Tuesday, October 9, 2001)]
[Senate]
[Pages S10398-S10399]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1847. Mr. INHOFE 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:

       Strike the section heading for section 14 and insert the 
     following:

     SEC. 14. REPORT ON NATIONAL AIR SPACE RESTRICTIONS PUT IN 
                   PLACE AFTER TERRORIST ATTACKS THAT REMAIN IN 
                   PLACE.

       (a) Report.--On the date of the enactment of this Act, the 
     President shall submit to the committees of Congress 
     specified in subsection (b) a report containing--
       (1) a description of each restriction, if any, on the use 
     of national airspace put in place as a result of the 
     September 11, 2001, terrorist attacks that remains in place 
     as of the date of the enactment of this Act; and
       (2) a justification for such restriction remaining in 
     place.
       (b) Committees of Congress.--The committees of Congress 
     specified in this subsection are the following:
       (1) The Select Committee on Intelligence of the Senate.
       (2) The Permanent Select Committee on Intelligence of the 
     House of Representatives.

     SEC. 15. DEFINITIONS.
                                  ____


  SA 1848. Mr. BAYH (for himself, Mr. Voinovich, and Mr. DeWine) 
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:

       In section 19, strike the section heading and insert the 
     following:

     SEC. 19. MUTUAL PASSENGER ASSURANCE.

       (a) Requirement.--Chapter 417 of title 49, United States 
     Code, is amended by adding at the end of subchapter I the 
     following new section:

     ``Sec. 41722. Mutual passenger assurance

       ``(a) Requirement To Honor Passenger Tickets of Other 
     Carriers.--Each air carrier referred to in subsection (b) 
     that provides scheduled air passenger service on an air 
     passenger route shall, to the extent practicable, provide air 
     transportation to passengers ticketed for air transportation 
     on that route by an air carrier that suspends, interrupts, or 
     discontinues air passenger service on the route by reason of 
     an act of war or terrorism, or insolvency or bankruptcy of 
     the carrier.
       ``(b) Applicability.--This section applies to an air 
     carrier that receives assistance under section 101 of the Air 
     Transportation Safety and System Stabilization Act (Public 
     Law 107-42).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 41721 the following new item:

``41722. Mutual passenger assurance.''.

     SEC. 20. DEFINITIONS.
                                  ____


  SA 1849. Mr. ENSIGN 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:

       At the appropriate place in the section relating to air 
     marshals, insert the following subsection:
       (__) Authority to Appoint Retired Law Enforcement 
     Officers.--Notwithstanding any other provision of law, the 
     Secretary of Transportation may appoint an individual who is 
     a retired law enforcement officer or a retired member of the 
     Armed Forces as a Federal air marshal, regardless of age, if 
     the individual otherwise meets the background and fitness 
     qualifications required for Federal air marshals.
                                  ____

  SA 1850. Mr. SMITH of New Hampshire submitted an amendment intended 
to be proposed by him to the bill S. 1510, to deter and punish 
terrorists acts in the United States and around the world, to enhance 
law enforcement investigatory tools, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place in the bill, insert the following:

     SEC. __. ENFORCEMENT OF CERTAIN ANTI-TERRORISM JUDGMENTS.

       (a) Short Title.--This section may be cited as the 
     ``Justice for Victims of Terrorism Act''.
       (b) Definition.--
       (1) In general.--Section 1603(b) of title 28, United States 
     Code, is amended--
       (A) in paragraph (3), by striking the period and inserting 
     ``; and'';
       (B) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
       (C) by striking ``(b)'' through ``entity--'' and inserting 
     the following:
       ``(b) An `agency or instrumentality of a foreign state' 
     means--
       ``(1) any entity--''; and
       (D) by adding at the end the following:
       ``(2) for purposes of sections 1605(a)(7) and 1610 (a)(7) 
     and (f), any entity as defined under subparagraphs (A) and 
     (B) of paragraph (1), and subparagraph (C) of paragraph (1) 
     shall not apply.''.
       (2) Technical and conforming amendment.--Section 1391(f)(3) 
     of title 28, United States Code, is amended by striking 
     ``1603(b)'' and inserting ``1603(b)(1)''.
       (c) Enforcement of Judgments.--Section 1610(f) of title 28, 
     United States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A) by striking ``(including any agency 
     or instrumentality or such state)'' and inserting 
     ``(including any agency or instrumentality of such state), 
     except to the extent of any punitive damages awarded''; and
       (B) by adding at the end the following:
       ``(C) Notwithstanding any other provision of law, moneys 
     due from or payable by the United States (including any 
     agency or instrumentality thereof) to any state against which 
     a judgment is pending under section 1605(a)(7) shall be 
     subject to attachment and execution with respect to that 
     judgment, in like manner and to the same extent as if the 
     United States were a private person, except to the extent of 
     any punitive damages awarded.''; and
       (2) by striking paragraph (3) and adding the following:
       ``(3)(A) Subject to subparagraph (B), upon determining on 
     an asset-by-asset basis that a waiver is necessary in the 
     national security interest, the President may waive this 
     subsection in connection with (and prior to the enforcement 
     of) any judicial order directing attachment in aid of 
     execution or execution against any property subject to the 
     Vienna Convention on Diplomatic Relations or the Vienna 
     Convention on Consular Relations.
       ``(B) A waiver under this paragraph shall not apply to--
       ``(i) if property subject to the Vienna Convention on 
     Diplomatic Relations or the Vienna Convention on Consular 
     Relations has been used for any nondiplomatic purpose 
     (including use as rental property), the proceeds of such use; 
     or

[[Page S10399]]

       ``(ii) if any asset subject to the Vienna Convention on 
     Diplomatic Relations or the Vienna Convention on Consular 
     Relations is sold or otherwise transferred for value to a 
     third party, the proceeds of such sale or transfer.
       ``(C) In this paragraph, the term `property subject to the 
     Vienna Convention on Diplomatic Relations or the Vienna 
     Convention on Consular Relations' and the term `asset subject 
     to the Vienna Convention on Diplomatic Relations or the 
     Vienna Convention on Consular Relations' mean any property or 
     asset, respectively, the attachment in aid of execution or 
     execution of which would result in a violation of an 
     obligation of the United States under the Vienna Convention 
     on Diplomatic Relations or the Vienna Convention on Consular 
     Relations, as the case may be.
       ``(4) For purposes of this subsection, all assets of any 
     agency or instrumentality of a foreign state shall be treated 
     as assets of that foreign state.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to any claim for which a foreign state is not 
     immune under section 1605(a)(7) of title 28, United States 
     Code, arising before, on, or after the date of the enactment 
     of this Act.
       (e) Paygo Adjustment.--The Director of the Office of 
     Management and Budget shall not make any estimates of changes 
     in direct spending outlays and receipts under section 252(d) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (2 U.S.C. 902(d)) for any fiscal year resulting from the 
     enactment of this section, or any amendment made by this 
     section.
                                  ____

  SA 1851. Mr. ENSIGN 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:

       In section 17(b), strike ``(from amounts made available for 
     obligation under subsection (a))'' and insert ``(from amounts 
     made available for obligation under subsection (a) or from 
     amounts made available pursuant to an Act making emergency 
     supplemental appropriations for fiscal year 2001 for 
     additional disaster assistance, for anti-terrorism 
     initiatives, and for assistance in the recovery from the 
     tragedy that occurred on September 11, 2001, and for other 
     purposes (Public Law 107-38)''.
                                  ____

  SA. 1852. Mr. CLELAND 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:

       At the appropriate place, insert the following:

     SEC. __. AMENDMENTS TO AIRCRAFT AND AIRMAN REGISTRY 
                   AUTHORITY.

       (a) Registration and Recordation System.--Section 44111 of 
     title 49, United States Code, is amended--
       (1) by striking subsection (a) and redesignating 
     subsections (b), (c), and (d), as subsections (a), (b), and 
     (c), respectively;
       (2) in subsection (a)(2), as redesignated, by inserting 
     before the semicolon ``and related to combating acts of 
     terrorism'';
       (3) by inserting the following flush sentence at the end of 
     subsection (a):

     ``For purposes of this section, the term `acts of terrorism' 
     means an activity that involves a violent act or an act 
     dangerous to human life that is a violation of the criminal 
     laws of the United States or of any State, or that would be a 
     criminal violation if committed within the jurisdiction of 
     the United States or of any State, and appears to be intended 
     to intimidate or coerce a civilian population to influence 
     the policy of a government by intimidation or coercion or to 
     affect the conduct of a government by assassination or 
     kidnaping.''; and
       (4) in the heading, by striking ``not providing air 
     transportation''.
       (b) Airman Certificates.--Section 44703(g) of title 49, 
     United States Code, is amended--
       (1) in the first sentence of paragraph (1)--
       (A) by striking ``pilots'' and inserting ``airmen''; and
       (B) by striking the period and inserting ``and related to 
     combating acts of terrorism.''; and
       (2) by adding at the end, the following new paragraph:
       ``(3) The Administrator is authorized and directed to work 
     with State and local authorities, and other Federal agencies, 
     to assist in the identification of individuals applying for 
     or holding airmen certificates.''.
                                  ____

  SA. 1853. Mr. CLELAND 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:

       At the appropriate place, insert the following:

     SEC. __. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY.

       Section 44703(g) of title 49, United States Code, is 
     amended--
       (1) in the first sentence of paragraph (1)--
       (A) by striking ``pilots'' and inserting ``airmen''; and
       (B) by striking the period and inserting ``and related to 
     combating acts of terrorism.''; and
       (2) by adding at the end, the following new paragraphs:
       ``(3) For purposes of this section, the term `acts of 
     terrorism' means an activity that involves a violent act or 
     an act dangerous to human life that is a violation of the 
     criminal laws of the United States or of any State, or that 
     would be a criminal violation if committed within the 
     jurisdiction of the United States or of any State, and 
     appears to be intended to intimidate or coerce a civilian 
     population to influence the policy of a government by 
     intimidation or coercion or to affect the conduct of a 
     government by assassination or kidnaping.
       ``(4) The Administrator is authorized and directed to work 
     with State and local authorities, and other Federal agencies, 
     to assist in the identification of individuals applying for 
     or holding airmen certificates.''.

                          ____________________