[Congressional Record Volume 157, Number 19 (Tuesday, February 8, 2011)]
[Senate]
[Pages S634-S635]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 57. Mrs. HUTCHISON (for herself and Mr. Cornyn) 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 54, between lines 3 and 4, insert the following:

     SEC. 224. USE OF MINERAL REVENUE AT CERTAIN AIRPORTS.

       (a) Definitions.--In this section:

[[Page S635]]

       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) General aviation airport.--The term ``general aviation 
     airport'' means an airport that does not receive scheduled 
     passenger aircraft service.
       (b) In General.--Notwithstanding any other provision of 
     law, the Administrator of the Federal Aviation Administration 
     (referred to in this section as the ``Administrator'') may 
     declare certain revenue derived from or generated by mineral 
     extraction, production, lease or other means at any general 
     aviation airport to be revenue greater than the amount needed 
     to carry out the 5-year projected maintenance needs of the 
     airport in order to comply with the applicable design and 
     safety standards of the Federal Aviation Administration.
       (c) Use of Revenue.--An airport sponsor that is in 
     compliance with the conditions under subsection (d) may 
     allocate revenue identified by the Administrator under 
     subsection (b) for Federal, State, or local transportation 
     infrastructure projects carried out by the airport sponsor or 
     by a governing body within the geographical limits of the 
     airport sponsor's jurisdiction.
       (d) Conditions.--An airport sponsor may not allocate 
     revenue identified by the Administrator under subsection (b) 
     unless the airport sponsor--
       (1) enters into a written agreement with the Administrator 
     that sets forth a 5-year capital improvement program for the 
     airport, which--
       (A) includes the projected costs for the operation, 
     maintenance, and capacity needs of the airport in order to 
     comply with applicable design and safety standards of the 
     Federal Aviation Administration; and
       (B) appropriately adjusts such costs to account for 
     inflation;
       (2) agrees in writing--
       (A) to waive all rights to receive entitlement funds or 
     discretionary funds to be used at the airport under section 
     47114 or 47115 of title 49, United States Code, during the 5-
     year period of the capital improvement plan described in 
     paragraph (1);
       (B) to perpetually comply with sections 47107(b) and 47133 
     of such title, unless granted specific exceptions by the 
     Administrator in accordance with this section; and
       (C) to operate the airport as a public-use airport, unless 
     the Administrator specifically grants a request to allow the 
     airport to close; and
       (3) complies with all grant assurance obligations in effect 
     as of the date of the enactment of this Act during the 20-
     year period beginning on the date of enactment of this Act;
       (e) Completion of Determination.--Not later than 90 days 
     after receiving an airport sponsor's application and 
     requisite supporting documentation to declare that certain 
     mineral revenue is not needed to carry out the 5-year capital 
     improvement program at such airport, the Administrator shall 
     determine whether the airport sponsor's request should be 
     granted. The Administrator may not unreasonably deny an 
     application under this subsection.
       (f) Rulemaking.--Not later than 90 days after the date of 
     the enactment of this Act, the Administrator shall promulgate 
     regulations to carry out this section.
                                 ______
                                 
  SA 58. Mr. NELSON of Nebraska (for himself, Mr. Schumer, Mr. Akaka, 
Mr. Menendez, Mrs. Shaheen, Mr. Whitehouse, and Mr. Tester) proposed an 
amendment 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; as follows:

       At the end of title VII, add the following:

     SEC. 733. CRIMINAL PENALTY FOR UNAUTHORIZED RECORDING OR 
                   DISTRIBUTION OF SECURITY SCREENING IMAGES.

       (a) In General.--Part I of title 18, United States Code, is 
     amended by adding at the end the following:

  ``CHAPTER 124--UNAUTHORIZED RECORDING AND DISTRIBUTION OF SECURITY 
                            SCREENING IMAGES

``Sec.
``2731. Criminal penalty for unauthorized recording and distribution of 
              security screening images.

     ``SEC. 2731. CRIMINAL PENALTY FOR UNAUTHORIZED RECORDING AND 
                   DISTRIBUTION OF SECURITY SCREENING IMAGES.

       ``(a) In General.--Except as specifically provided in 
     subsection (b), it shall be unlawful for an individual--
       ``(1) to photograph or otherwise record an image produced 
     using advanced imaging technology during the screening of an 
     individual at an airport, or upon entry into any building 
     owned or operated by the Federal Government, without express 
     authorization pursuant to a Federal law or regulation; or
       ``(2) to knowingly distribute any such image to any 
     individual who is not authorized pursuant to a Federal law or 
     regulation to receive the image.
       ``(b) Exceptions.--The prohibition under subsection (a) 
     shall not apply to an individual who, during the course and 
     within the scope of the individual's employment, records or 
     distributes an image described in subsection (a) solely to be 
     used in a criminal investigation or prosecution or in an 
     investigation relating to foreign intelligence or a threat to 
     the national security.
       ``(c) Penalty.--An individual who violates the prohibition 
     in subsection (a) shall be fined under this title, imprisoned 
     for not more than 1 year, or both.
       ``(d) Definitions.--In this section:
       ``(1) Advanced imaging technology.--The term `advanced 
     imaging technology'--
       ``(A) means a device that creates a visual image of an 
     individual showing the surface of the skin and revealing 
     other objects on the body; and
       ``(B) may include devices using backscatter x-rays or 
     millimeter waves and devices referred to as `whole-body 
     imaging technology' or `body scanning'.
       ``(2) Foreign intelligence; threat to the national 
     security.--The terms `foreign intelligence' and `threat to 
     the national security' have the meanings given those term in 
     part VII of the guidelines entitled `The Attorney General's 
     Guidelines for Domestic FBI Operations', dated September 29, 
     2008, or any successor thereto.''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters for part I of title 18, United States Code, is 
     amended by inserting after the item relating to chapter 123 
     the following:

``124. Unauthorized recording and distribution of security screening 
    images..................................................2731''.....

                                 ______
                                 
  SA 59. Mr. COCHRAN (for himself and Mr. Wicker) 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 end of subtitle A of title V, add the following:

     SEC. 523. USE OF EXPLOSIVE PEST CONTROL DEVICES.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall submit to Congress a report that--
       (1) describes the use throughout the United States of 
     explosive pest control devices in mitigating bird strikes in 
     flight operations;
       (2) evaluates the utility, cost-effectiveness, and safety 
     of using explosive pest control devices in wildlife 
     management; and
       (3) evaluates the potential impact on flight safety and 
     operations if explosive pest control devices were made 
     unavailable or more costly during subsequent calendar years.

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