[Congressional Record Volume 157, Number 18 (Monday, February 7, 2011)]
[Senate]
[Pages S617-S619]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 51. 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:

       On page 311, between lines 11 and 12, insert the following:

     SEC. 733. PRIVACY PROTECTIONS FOR AIRCRAFT PASSENGER 
                   SCREENING WITH ADVANCED IMAGING TECHNOLOGY.

       (a) In General.--Section 44901 is amended by adding at the 
     end the following:
       ``(l) Limitations on Use of Advanced Imaging Technology for 
     Screening Passengers.--
       ``(1) In general.--The Assistant Secretary of Homeland 
     Security (Transportation Security Administration) shall 
     ensure that advanced imaging technology is used for the 
     screening of passengers under this section only in accordance 
     with this subsection.
       ``(2) Implementation of automated target recognition 
     software.--Beginning January 1, 2012, all advanced imaging 
     technology used as a primary screening method for passengers 
     shall be equipped with automatic target recognition software.
       ``(3) Definitions.--In this subsection:
       ``(A) Advanced imaging technology.--The term `advanced 
     imaging technology'--
       ``(i) means a device that creates a visual image of an 
     individual's body and reveals other objects on the body as 
     applicable, including narcotics, explosives, and other 
     weapons components; and
       ``(ii) includes devices using backscatter x-rays or 
     millimeter waves and devices referred to as `whole-body 
     imaging technology' or `body scanning'.
       ``(B) Automatic target recognition software.--The term 
     `automatic target recognition software' means software 
     installed on an advanced imaging technology machine that 
     produces a generic image of the individual being screened 
     that is the same as the images produced for all other 
     screened individuals.
       ``(C) Primary screening.--The term `primary screening' 
     means the initial examination of any passenger at an airport 
     checkpoint, including using available screening technologies 
     to detect weapons, explosives, narcotics, or other 
     indications of unlawful action, in order to determine whether 
     to clear the passenger to board an aircraft or to further 
     examine the passenger.''.
       (b) Report.--
       (1) In general.--Not later than March 1, 2012, the 
     Assistant Secretary of Homeland Security (Transportation 
     Security Administration) shall submit to the appropriate 
     congressional committees a report on the implementation of 
     section 44901(l) of title 49, United States Code, as added by 
     subsection (a).
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of all matters the Assistant Secretary 
     considers relevant to the implementation of such section.
       (B) The status of the compliance of the Transportation 
     Security Administration with the provisions of such section.
       (C) If the Administration is not in full compliance with 
     such provisions--
       (i) the reasons for such non-compliance; and
       (ii) a timeline depicting when the Assistant Secretary 
     expects the Administration to achieve full compliance.
       (3) Security classification.--The report required by 
     paragraph (1) shall be submitted, to the greatest extent 
     practicable, in an unclassified format, with a classified 
     annex, if necessary.
       (4) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--

[[Page S618]]

       (A) the Committee on Commerce, Science, and Transportation 
     and Committee on Homeland Security and Governmental Affairs 
     of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives.
                                 ______
                                 
  SA 52. Mr. NELSON of Nebraska 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:

       On page 26, between lines 23 and 24, insert the following:
       (c) Qualifications Based Selection.--Section 40117, as 
     amended by subsection (a), is further amended by adding at 
     the end the following:
       ``(o) Qualifications Based Selection.--
       ``(1) In general.--Any contract or subcontract described in 
     paragraph (2) that is funded in whole or in part from the 
     proceeds from passenger facility charges imposed under this 
     section shall be awarded in the same manner as a contract for 
     architectural and engineering services is awarded under 
     chapter 11 of title 40, United States Code, or an equivalent 
     qualifications-based requirement prescribed for or by the 
     eligible agency.
       ``(2) Contract or subcontract described.--A contract or 
     subcontract described in this paragraph is a contract or 
     subcontract for program management, construction management, 
     planning studies, feasibility studies, architectural 
     services, preliminary engineering, design, engineering, 
     surveying, mapping, or related services.''.
                                 ______
                                 
  SA 53. Ms. MURKOWSKI (for herself and Mr. Begich) 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 208, between lines 19 and 20, insert the following:
       (c) Implementation of NTSB Safety Recommendations.--
       (1) Inspection.--As part of the annual inspection of 
     general aviation aircraft, the Administrator of the Federal 
     Aviation Administration (referred to in this section as the 
     ``Administrator'') shall require a detailed inspection of 
     each emergency locator transmitter (referred to in this 
     section as ``ELT'') installed in general aviation aircraft 
     operating in the United States to ensure that each ELT is 
     mounted and retained in accordance with the manufacturer's 
     specifications.
       (2) Mounting and retention.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Administrator shall determine 
     if the ELT mounting requirements and retention tests 
     specified by Technical Standard Orders C91a and C126 are 
     adequate to assess retention capabilities in ELT designs.
       (B) Revision.--Based on the results of the determination 
     conducted under subparagraph (A), the Administrator shall 
     make any necessary revisions to the requirements and tests 
     referred to in subparagraph (A) to ensure that emergency 
     locator transmitters are properly retained in the event of an 
     airplane accident.
       (3) Report.--Upon the completion of the revisions required 
     under paragraph (2)(B), the Administrator shall submit a 
     report on the implementation of this subsection to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
                                 ______
                                 
  SA 54. Mr. REID of Nevada 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:

       On page 27, strike line 11 and all that follows through 
     ``or transfer'' on line 23, and insert the following:
       (2) in subsection (c)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)(i), by striking ``purpose;'' and 
     inserting the following: ``purpose, which includes serving as 
     noise buffer land that may be--
       ``(I) undeveloped; or
       ``(II) developed in a way that is compatible with using the 
     land for noise buffering purposes;''; and
       (ii) in subparagraph (B)(iii), by striking ``paid to the 
     Secretary for deposit in the Fund if another eligible project 
     does not exist.'' and inserting ``reinvested in another 
     project at the airport or transferred to another airport as 
     the Secretary prescribes.'';
       (B) by redesignating paragraph (3) as paragraph (5); and
       (C) by inserting after paragraph (2) the following:
       ``(3)(A) A lease by an airport owner or operator of land 
     acquired for a noise compatibility purpose using a grant 
     provided under this subchapter shall not be considered a 
     disposal for purposes of paragraph (2).
       ``(B) The airport owner or operator may use revenues from a 
     lease described in subparagraph (A) for ongoing airport 
     operational and capital purposes.
       ``(C) The Administrator of the Federal Aviation 
     Administration shall coordinate with each airport owner or 
     operator to ensure that leases described in subparagraph (A) 
     are consistent with noise buffering purposes.
       ``(D) The provisions of this paragraph apply to all land 
     acquired before, on, or after the date of the enactment of 
     this paragraph.
       ``(4) In approving the reinvestment or transfer
                                 ______
                                 
  SA 55. Mr. REID of Nevada 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:

       On page 311, between lines 11 and 12, insert the following:

     SEC. 7__. CONVEYANCE OF LAND TO CITY OF MESQUITE, NEVADA.

       (a) Definitions.--
       (1) City.--The term ``city'' means the city of Mesquite, 
     Nevada.
       (2) Map.--The term ``map'' means the map entitled 
     ``Mesquite Airport Conveyance'' and dated February 6, 2011.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Bureau of Land 
     Management.
       (b) Conveyance of Land to City.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, subject to valid existing rights, and 
     notwithstanding the land use planning requirements of 
     sections 202 and 203 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary 
     shall convey to the city, without consideration, all right, 
     title, and interest of the United States in and to the land 
     described in paragraph (2).
       (2) Description of land.--The land referred to in paragraph 
     (1) consists of land managed by the Bureau of Land Management 
     described on the map as ``Remnant Parcel''.
       (3) Map and legal description.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall finalize the legal 
     description of the parcel to be conveyed under this section.
       (B) Minor errors.--The Secretary may correct any minor 
     error in--
       (i) the map; or
       (ii) the legal description.
       (C) Availability.--The map and legal description shall be 
     on file and available for public inspection in the 
     appropriate offices of the Bureau of Land Management.
       (4) Costs.--The Secretary shall require the city to pay all 
     costs necessary for the preparation and completion of any 
     patents for, and transfers of title to, the land described in 
     paragraph (2).
       (5) Withdrawal.--Subject to valid existing rights, until 
     the date of the conveyance under paragraph (1), the parcel of 
     public land described in paragraph (2) is withdrawn from--
       (A) location, entry, and patent under the public land 
     mining laws; and
       (B) operation of the mineral leasing, geothermal leasing, 
     and mineral materials laws.
       (6) Reversion.--If the land conveyed under paragraph (1) 
     ceases to be used by the city for the purposes described in 
     section 3(f) of Public Law 99-548 (100 Stat. 3061), the land 
     shall, at the discretion of the Secretary, revert to the 
     United States.
                                 ______
                                 
  SA 56. Mrs. McCASKILL 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 184, line 11, strike ``system shall--'' and insert 
     ``system--''.
       On page 184, line 12, insert ``shall'' after ``(1)''.
       On page 184, line 16, insert ``may'' after ``(2)''.
       On page 184, line 22, insert ``shall'' after ``(3)''.
       On page 186, line 1, insert ``and extent'' after 
     ``quality''.
       On page 186, line 21, strike ``proposed'' and insert 
     ``final''.
       On page 186, line 22, strike ``employees'' and insert 
     ``personnel''.

[[Page S619]]

       On page 186, line 25, strike ``determined acceptable by the 
     Administrator and consistent with the applicable laws of the 
     country in which the repair station is located.'' and insert 
     ``consistent with the requirements of section 45102 of this 
     title and approved by the Administrator.''.

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