[Congressional Record Volume 157, Number 17 (Friday, February 4, 2011)]
[Senate]
[Pages S570-S572]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 47. Ms. CANTWELL submitted an amendment intended to be proposed by 
her to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 209, line 3, insert ``or subpoena'' after 
     ``discovery''.
       On page 209, line 7, strike ``or''.
       On page 209, line 9, strike ``report.'' and insert 
     ``report; or''.
       On page 209, between lines 9 and 10, insert the following:
       (D) hazard identification, risk assessment, risk control, 
     and safety assurance data produced or collected for purposes 
     of--
       (i) assessing and managing aviation safety risk; or
       (ii) a safety management system acceptable to the 
     Administrator.
       On page 210, beginning in line 5, strike ``an Aviation 
     Safety Action Program report, Flight Operational Quality 
     Assurance Program data, or a Line Operations Safety Audit 
     Program report'' and insert ``reports or data described in 
     subsection (a)(1) only''.
       On page 210, beginning in line 17, strike ``an Aviation 
     Safety Action Program report, Flight Operational Quality 
     Assurance Program data, or a Line Operations Safety Audit 
     Program report,'' and insert ``reports or data described in 
     subsection (a)(1),''.
       On page 211, beginning in line 2, strike ``privileged self-
     analysis information as defined under the Federal Rules of 
     Evidence.'' and insert ``information protected by the self-
     analysis privilege.''.
       On page 211, beginning in line 5, strike ``an Aviation 
     Safety Action Program report, Flight Operational Quality 
     Assurance Program data, or a Line Operations Safety Audit 
     Program report'' and insert ``reports or data described in 
     subsection (a)(1)''.
       On page 211, beginning in line 14, strike ``an Aviation 
     Safety Action Program report, Flight Operational Quality 
     Assurance Program data, or a Line Operations Safety Audit 
     Program report'' and insert ``reports or data described in 
     subsection (a)(1)''.
                                 ______
                                 
  SA 48. Ms. CANTWELL submitted an amendment intended to be proposed by 
her to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SEC. __. ADS-B OVERSIGHT.

       (a) Cost Benefit Analysis.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall contract with an independent third party 
     to conduct an updated cost benefit analysis of acquisition 
     approaches for the Automatic Dependent Surveillance-Broadcast 
     program (referred to in this section as the ADS-B program).
       (2) Parameters.--The analysis must include a comparison of 
     the service-based contract approach with more traditional 
     acquisition approaches, both for the entire contract and for 
     each individual phase of the program.
       (3) Independence.--The independent third party selected to 
     conduct the analysis may not have a financial interest in the 
     ADS-B program, and may not have any significant financial 
     ties with either the contractor or subcontractors involved 
     with the program.

[[Page S571]]

       (4) Review by dotig.--The Department of Transportation 
     Inspector General shall conduct a review of the final Cost 
     Benefit Analysis.
       (5) Report.--The final analysis and accompanying Inspector 
     General review shall be provided to the appropriate 
     Congressional Committees.
       (b) Performance and Financial Audit.--The Department of 
     Transportation Inspector General shall conduct a performance 
     and financial audit of the ADS-B program and issue a report 
     on the audit's findings. At a minimum, the audit and report 
     shall--
       (1) identify all cost overruns that have occurred or are 
     highly likely to occur;
       (2) review the factors used by the Administration to 
     measure contractor performance;
       (3) identify all incentive fees, award fees, and other 
     financial performance rewards that have been awarded to the 
     contractor, including the specific performance merits upon 
     which those financial rewards were granted;
       (4) identify all requirements changes, contract 
     modifications, and change orders, including the costs of such 
     changes and the extent to which each change was subject to 
     review to identify, analyze, and document the associated 
     needs, risks, costs, and benefits; and
       (5) make specific recommendations that would allow the 
     Administration to more accurately track both capital and 
     operating costs and ensure timely and accurate disclosure of 
     cost overruns.
       (c) Acquisition Management and Oversight.--
       (1) Plan.--The Administrator shall develop and submit to 
     Congress an acquisition management and oversight plan for the 
     ADS-B program. The plan shall--
       (A) contain an assessment of current Administration 
     acquisition, management, over-sight, and contracting 
     resources and capabilities devoted to the ADS-B program;
       (B) identify actions that the Administration will take to 
     improve its acquisition management and oversight of the ADS-B 
     program;
       (C) include staffing predictions, human capital needs, and 
     training needs;
       (D) identify specific processes and procedures for 
     developing clear contract performance requirements and 
     analyzing, approving, and managing requirements changes, 
     contract modifications, and change orders; and (E) address 
     specifically the question of whether the Administration can 
     better leverage acquisitions oversight and management 
     expertise from other agencies within the Federal government.
       (2) DOTIG review.--The Department of Transportation's 
     Inspector General shall conduct a review of the plan 
     submitted under paragraph (1).
       (3) Technical requirements.--The Administration shall 
     maintain the technical authority to establish, approve, and 
     maintain technical requirements for the ADS-B program.
       (4) Self-certification prohibited.--All certifications for 
     capability and performance of ADS-B systems shall be 
     conducted by the Administration or an independent third 
     party, and self-certification by a contractor or 
     subcontractor is not allowed.
       (d) Contract Review.--The Comptroller General shall conduct 
     an audit and review of the ADS-B contracts, and issue a 
     report to Congress which, at a minimum, identifies and 
     analyzes--
       (1) any terms and structural features of the contract that 
     may put the Federal government at a financial, legal, 
     technical, or negotiating disadvantage, both during contract 
     execution and throughout the life-cycle of the ADS-B system;
       (2) specific risks and management challenges that can be 
     expected to arise from specific contract terms or from the 
     overall contract and acquisition structure;
       (3) unclear performance and contract requirements that may 
     increase costs, risks, and the probability of inadequate 
     system performance;
       (4) the procedures that Administration and the contractor 
     used to write the contract, including who was tasked with 
     both writing and reviewing contract language;
       (5) contract terms or structures that may prevent or 
     discourage financial transparency;
       (6) benefits, risks, management challenges, and potential 
     conflicts of interest associated with allowing the contractor 
     to sell value added services, including recommendations for 
     how to protect the public interest under such an arrangement;
       (7) risks associated with utilizing a performance-based 
     contract for the ADS-B program; and
       (8) the short and long term advantages, disadvantages, and 
     risks of--
       (A) utilizing a cost plus incentive fee structure for 
     development of the ADS-B ground system; and
       (B) Ownership of the ground systems by the contractor 
     instead of the Administration.
       (e) Restrictions.--Until the requirements of this section 
     have been fulfilled, the Administrator--
       (1) may not execute any additional contracts, contract 
     changes, requirements changes, task orders, or work orders 
     for the Automatic Dependent Surveillance-Broadcast Program; 
     and
       (2) may not exercise any contract options for the Automatic 
     Dependent Surveillance-Broadcast Program.
                                 ______
                                 
  SA 49. Mr. UDALL of New Mexico submitted an amendment intended to be 
proposed by him to the bill S. 223, to modernize the air traffic 
control system, improve the safety, reliability, and availability of 
transportation by air in the United States, provide modernization of 
the air traffic control system, reauthorize the Federal Aviation 
Administration, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place insert the following:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SEC. __. DONA ANA COUNTY AIRPORT.

       (a) In General.--Notwithstanding section 23 of the Airport 
     and Airway Development Act of 1970 (as in effect on August 4, 
     1982), or sections 47125 and 27153 of title 49, United States 
     Code, the Secretary of Transportation may, subject to 
     subsection (b), grant releases from any of the terms, 
     conditions, reservations, and restrictions contained in the 
     deed of conveyance numbered 30-82-0048 and dated August 4, 
     1982, under which the United States conveyed certain land to 
     Dona Ana County, New Mexico, for airport purposes.
       (b) Conditions.--Any release granted by the Secretary under 
     subsection (a) shall be subject to the following conditions:
       (1) The County shall agree that in conveying any interest 
     in the land that the United States conveyed to the County by 
     the deed described in subsection (a), the County shall 
     receive an amount for the interest that is equal to the fair 
     market value.
       (2) Any amount received by the County for the conveyance 
     shall be used by the County for the development, improvement, 
     operation, or maintenance of the airport.
                                 ______
                                 
  SA 50. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 223, to modernize the air traffic control system, 
improve the safety, reliability, and availability of transportation by 
air in the United States, provide modernization of the air traffic 
control system, reauthorize the Federal Aviation Administration, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

TITLE __--EMERGENCY MEDICAL SERVICE PROVIDERS PROTECTION AND LIABILITY 
                PROTECTION FOR CERTAIN VOLUNTEER PILOTS

       Subtitle A--Emergency Medical Service Providers Protection

     SEC. _01. DALE LONG EMERGENCY MEDICAL SERVICE PROVIDERS 
                   PROTECTION ACT.

       (a) Short Title.--This subtitle may be cited as the ``Dale 
     Long Emergency Medical Service Providers Protection Act''.
       (b) Eligibility.--Section 1204 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) 
     is amended--
       (1) in paragraph (7), by striking ``public employee member 
     of a rescue squad or ambulance crew;'' and inserting 
     ``employee or volunteer member of a rescue squad or ambulance 
     crew (including a ground or air ambulance service) that--
       ``(A) is a public agency; or
       ``(B) is (or is a part of) a nonprofit entity serving the 
     public that--
       ``(i) is officially authorized or licensed to engage in 
     rescue activity or to provide emergency medical services; and
       ``(ii) is officially designated as a pre-hospital emergency 
     medical response agency;''; and
       (2) in paragraph (9)--
       (A) in subparagraph (A), by striking ``as a chaplain'' and 
     all that follows through the semicolon, and inserting ``or as 
     a chaplain;'';
       (B) in subparagraph (B)(ii), by striking ``or'' after the 
     semicolon;
       (C) in subparagraph (C)(ii), by striking the period and 
     inserting ``; or''; and
       (D) by adding at the end the following:
       ``(D) a member of a rescue squad or ambulance crew who, as 
     authorized or licensed by law and by the applicable agency or 
     entity (and as designated by such agency or entity), is 
     engaging in rescue activity or in the provision of emergency 
     medical services.''.
       (c) Offset.--Of the unobligated balances available under 
     the Department of Justice Assets Forfeiture Fund, $13,000,000 
     are permanently cancelled.
       (d) Effective Date.--The amendments made by subsection (b) 
     shall apply only to injuries sustained on or after June 1, 
     2009.

                    Subtitle B--Liability Protection

     SEC. _11. SHORT TITLE.

       This subtitle may be cited as the ``Volunteer Pilot 
     Protection Act of 2011''.

     SEC. _12. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Many volunteer pilots fly for public benefit and 
     provide valuable services to communities and individuals.
       (2) In calendar year 2006, volunteer pilots provided long-
     distance, no-cost transportation for more than 58,000 people 
     during times of special need.
       (b) Purpose.--The purpose of this title is to promote the 
     activities of volunteer pilots that fly for public benefit 
     and to sustain the availability of the services that such 
     volunteers provide, including the following:

[[Page S572]]

       (1) Transportation at no cost to financially needy medical 
     patients for medical treatment, evaluation, and diagnosis.
       (2) Flights for humanitarian and charitable purposes.
       (3) Other flights of compassion.

     SEC. _13. LIABILITY PROTECTION FOR VOLUNTEER PILOTS THAT FLY 
                   FOR PUBLIC BENEFIT.

       Section 4 of the Volunteer Protection Act of 1997 (42 
     U.S.C. 14503) is amended in subsection (a)(4)--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (2) by striking ``the harm'' and inserting ``(A) except in 
     the case of subparagraph (B), the harm'';
       (3) in subparagraph (A)(ii), as redesignated by this 
     paragraph, by striking the period at the end and inserting 
     ``; and''; and
       (4) by adding at the end the following:
       ``(B) the volunteer--
       ``(i) was operating an aircraft to promote the activities 
     of volunteer pilots that fly for public benefit and to 
     sustain the availability of the services that such volunteers 
     provide, including transportation at no cost to financially 
     needy medical patients for medical treatment, evaluation, and 
     diagnosis, and for humanitarian and charitable purposes; and
       ``(ii) was properly licensed and insured for the operation 
     of such aircraft.''.

                          ____________________