[Congressional Record Volume 157, Number 25 (Wednesday, February 16, 2011)]
[Senate]
[Pages S800-S802]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 95. Mr. BROWN of Ohio (for himself and Mr. Portman) 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:

       Strike section 320 and insert the following:

     SEC. 320. UNMANNED AERIAL SYSTEMS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall develop a plan to accelerate 
     the integration of unmanned aerial systems into the National 
     Airspace System that--
       (1) creates a pilot project to integrate such systems into 
     the National Airspace System at 6 test sites in the National 
     Airspace System by December 31, 2012;
       (2) creates a safe, non-exclusionary airspace designation 
     for cooperative manned and unmanned flight operations in the 
     National Airspace System;
       (3) establishes a process to develop--
       (A) air traffic requirements for all unmanned aerial 
     systems at the test sites; and
       (B) certification and flight standards for nonmilitary 
     unmanned aerial systems at the test sites;
       (4) dedicates funding for unmanned aerial systems research 
     and development relating to--
       (A) air traffic requirements; and
       (B) certification and flight standards for nonmilitary 
     unmanned aerial systems in the National Airspace System;
       (5) encourages leveraging and coordination of such research 
     and development activities with the National Aeronautics and 
     Space Administration and the Department of Defense;
       (6) addresses both military and nonmilitary unmanned aerial 
     system operations;
       (7) ensures that the unmanned aircraft systems integration 
     plan is incorporated in the Administration's NextGen Air 
     Transportation System implementation plan; and
       (8) provides for integration into the National Airspace 
     System of safety standards and navigation procedures 
     validated--
       (A) under the pilot project created pursuant to paragraph 
     (1); or
       (B) through other related research and development 
     activities carried out pursuant to paragraph (4).
       (b) Test Site Criteria.--The Administrator of the Federal 
     Aviation Administration shall take into consideration 
     geographical and climate diversity and appropriate facilities 
     in determining where the test sites to be established under 
     the pilot project required by subsection (a)(1) are to be 
     located.
       (c) Certification Process.--The Administrator of the 
     Federal Aviation Administration shall expedite the approval 
     process for requests for certificates of authorization at 
     test sites referred to in subsection (a)(1).
       (d) Report on Systems and Detection Techniques.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Administrator of the Federal Aviation Administration 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report describing and assessing the 
     progress being made in establishing special use airspace to 
     fill the immediate need of the Department of Defense to 
     develop detection techniques for small unmanned aerial 
     vehicles and to validate sensor integration and operation of 
     unmanned aerial systems.
                                 ______
                                 
  SA 96. Ms. SNOWE (for herself, Ms. Colllins, Mr. Coburn, and Mr. 
Brown of Massachusetts) 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:

       Beginning on page 289, strike line 23 and all that follows 
     through page 291, line 4, and insert the following:
       (e) Bonding Requirements.--Section 47113 is amended by 
     adding at the end the following:
       ``(e) Prohibition on Excessive or Discriminatory Bonding 
     Requirements.--
                                 ______
                                 
  SA 97. Mr. WYDEN 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 32, strike lines 1 through 14.
                                 ______
                                 
  SA 98. Mr. McCAIN 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:

       Beginning on page 128, strike line 5 and all that follows 
     through page 141, line 9.
                                 ______
                                 
  SA 99. Mr. BEGICH 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. AUTHORITY TO EXTEND THE EMPLOYMENT OF CERTAIN 
                   REEMPLOYED ANNUITANTS OTHERWISE SUBJECT TO 
                   MANDATORY SEPARATION.

       (a) Covered Reemployed Annuitant Defined.--In this section, 
     the tem ``covered reemployed annuitant'' means any individual 
     who--

[[Page S801]]

       (1) was involuntarily separated as a result of the 
     reorganization of the Flight Services Unit following the 
     outsourcing of flight service duties to a contractor after 
     completing at least 15 years of service as an air traffic 
     controller (as defined in section 8401 of title 5, United 
     States Code);
       (2) is in receipt of an annuity awarded under the 
     provisions of section 8414(b)(1)(A) of such title based on 
     such involuntary separation;
       (3) was reemployed as an air traffic controller subject to 
     the provisions of section 8468 of such title; and
       (4) who has completed or can complete 20 years of service 
     as an air traffic controller within 5 years after becoming 
     reemployed as described by paragraph (3).
       (b) Extension of Employment.--Notwithstanding any other 
     provision of law, during the 5-year period of reemployment 
     required for a recomputation of an annuity under section 8468 
     of title 5, United States Code, a covered reemployed 
     annuitant shall not serve at the will of the appointing 
     officer.
       (c) Construction.--
       (1) Separation for cause or lack of funds.--Nothing in this 
     section shall be construed to prohibit the involuntary 
     separation of a covered reemployed annuitant for cause or 
     lack of funds.
       (2) Reassignment.--Nothing in the section shall be 
     construed to prohibit a covered reemployed annuitant from 
     being reassigned to a position other than as an air traffic 
     controller after completing 20 years of service as an air 
     traffic controller if the covered reemployed annuitant's rate 
     of pay is not reduced.
                                 ______
                                 
  SA 100. Mr. PRYOR 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 title VII, add the following:

     SEC. 733. IMPLEMENTATION BY THE TRANSPORTATION SECURITY 
                   ADMINISTRATION OF CERTAIN RECOMMENDATIONS 
                   RELATING TO CONTRACTS FOR SUPPORT SERVICES; 
                   ASSESSMENT OF CERTAIN PROCUREMENT POLICIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Assistant Secretary of 
     Homeland Security (Transportation Security Administration) 
     shall implement the recommendations set forth in the report 
     of the Office of the Inspector General of the Department of 
     Homeland Security entitled ``Transportation Security 
     Administration's Acquisition of Support Services Contracts'' 
     (No. OIG-10-72), dated March 2010.
       (b) Monitoring by Inspector General.--The Inspector General 
     of the Department of Homeland Security shall--
       (1) monitor the implementation of the recommendations 
     described in subsection (a); and
       (2) conduct an assessment of the process of the 
     Transportation Security Administration for procuring 
     technology and equipment for screening passengers at airports 
     that includes an assessment of--
       (A) the effectiveness of procurement procedures used by the 
     Administration to obtain airport screening technology and 
     equipment, including--
       (i) the cost-benefit analysis utilized by the 
     Administration; and
       (ii) the resulting cost-effectiveness of technologies and 
     equipment acquired by the Administration since 2007;
       (B) the human health and personal privacy protection 
     considerations that are taken into account in acquiring each 
     type of screening technology and equipment;
       (C) the efforts being made to improve procurement policies 
     and reduce expenditures on screening technologies and 
     equipment;
       (D) the extent to which trends or patterns in procurement 
     activity, and how those trends or patterns are impacted by 
     evolving security breaches or threats, are being analyzed and 
     considered;
       (E) which events and circumstances prompt the procurement 
     of new screening technology or equipment and how frequently 
     such events or circumstances occur; and
       (F) the process by which screening technology and equipment 
     is assessed after being deployed, including the frequency of 
     assessments and the metrics used during those assessments.
       (c) Report by Inspector General.--Not later than 180 days 
     after the date of the enactment of this Act, the Inspector 
     General of the Department of Homeland Security shall submit 
     to Congress a report that--
       (1) assesses the progress made by the Transportation 
     Security Administration in implementing the recommendations 
     described in subsection (a); and
       (2) contains the results of the assessments required by 
     subsection (b)(2); and
       (3) makes recommendations with respect to how the 
     Transportation Security Administration can better address the 
     issues assessed under subsection (b)(2).
                                 ______
                                 
  SA 101. Mr. VITTER (for himself and Ms. Landrieu) 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:

     SEC. __. SUBSISTENCE CLAIMS.

       (a) Definitions.--In this section:
       (1) Barter.--The term ``barter'' means the exchange of 
     natural resources taken for subsistence uses for--
       (A) other natural resources; or
       (B) other food or for nonedible items other than money, if 
     the exchange is of a limited and noncommercial nature.
       (2) Community use.--The term ``community use'' means the 
     sharing of natural resources with or among individuals 
     (including among members of a family) who, collectively, are 
     substantially dependent on, or substantially engaged in, the 
     taking of natural resources for subsistence or to meet 
     economic or social needs.
       (3) Family.--The term ``family'' means all individuals 
     who--
       (A) are related by blood, marriage, or adoption; and
       (B) live within the same household on a permanent basis.
       (4) Natural resources.--The term ``natural resources'' 
     includes crustaceans, mollusks, fish, game, and wildlife, and 
     parts of those species.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security, acting through the National Pollution 
     Funds Center.
       (6) Subsistence use.--The term ``subsistence use'' means 
     the customary and traditional use of any natural resource by 
     an individual for--
       (A) personal, family, or community consumption as food; or
       (B) barter or sharing for personal, family, or community 
     use.
       (b) Damages.--
       (1) In general.--In adjudicating a claim for loss of 
     subsistence use of a natural resource that has been injured, 
     destroyed, or lost in connection with the explosion on, and 
     sinking of, the mobile offshore drilling unit Deepwater 
     Horizon, the Secretary shall fix the amount of damages 
     available for the claim at an amount equal to the reasonable 
     wholesale value of the quantity of the natural resource that 
     would have been taken by the claimant for subsistence use at 
     a place where such natural resources are sold to a retailer 
     for resale, as of the date on which the natural resource 
     would have been taken, as determined by the Secretary.
       (2) Additional award.--Damages awarded for the loss of 
     subsistence use of a natural resource may be in addition to 
     damages awarded for any other economic loss that a claimant 
     sustains.
       (c) Sense of Congress.--It is the sense of Congress that 
     the Administrator of the Gulf Coast Claims Facility, in 
     adjudicating a claim for loss of subsistence use of natural 
     resources that have been injured, destroyed, or lost in 
     connection with the explosion on, and sinking of, the mobile 
     offshore drilling unit Deepwater Horizon, should calculate 
     the value of damages in the same manner as described in 
     subsection (b).
       (d) Report.--Not later than 30 days after the date of 
     enactment of this Act and every 90 days thereafter, the 
     Secretary shall submit to the Committees on Homeland Security 
     and Governmental Affairs and Environment and Public Works of 
     the Senate and the Committees on Homeland Security and 
     Transportation and Infrastructure of the House of 
     Representatives a report that describes--
       (1) the number of claims filed for loss of subsistence use 
     of natural resources that have been injured, destroyed, or 
     lost in connection with the explosion on, and sinking of, the 
     mobile offshore drilling unit Deepwater Horizon;
       (2) the number of those claims that have been adjudicated 
     during the preceding period; and
       (3) the amount of damages claimed and awarded for each 
     claim adjudicated.
                                 ______
                                 
  SA 102. Mr. UDALL of New Mexico submitted an amendment intended to be 
proposed to amendment SA 51 proposed by Mr. Udall of New Mexico 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 2, strike lines 12 through 22 and insert the 
     following:
       ``(A) Advanced imaging technology.--The term `advanced 
     imaging technology'--
       ``(i) 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
       ``(ii) may include devices using backscatter x-rays or 
     millimeter waves and devices referred to as `whole-body 
     imaging technology' or `body scanning'.
                                 ______
                                 
  SA 103. Mr. BROWN of Ohio (for himself and Mr. Portman) submitted an

[[Page S802]]

amendment intended to be proposed to amendment SA 32 proposed by Mr. 
Ensign (for himself, Mr. Conrad, and Mr. Hoeven) 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:

       Beginning on page 2 of the amendment, strike line 11 and 
     all that follows through page 3, line 10, and insert the 
     following:
       (6) addresses both military and nonmilitary unmanned aerial 
     system operations;
       (7) ensures that the unmanned aircraft systems integration 
     plan is incorporated in the Administration's NextGen Air 
     Transportation System implementation plan; and
       (8) provides for integration into the National Airspace 
     System of safety standards and navigation procedures 
     validated--
       (A) under the pilot project created pursuant to paragraph 
     (1); or
       (B) through other related research and development 
     activities carried out pursuant to paragraph (4).
       (b) Selection of Test Sites.--
       (1) Increased number of test sites; deadline for pilot 
     project.--Notwithstanding subsection (a)(1), the plan 
     developed under subsection (a) shall include a pilot project 
     to integrate unmanned aerial systems into the National 
     Airspace System at 6 test sites in the National Airspace 
     System by December 31, 2012.
       (2) Test site criteria.--The Administrator of the Federal 
     Aviation Administration shall take into consideration 
     geographical and climate diversity and appropriate facilities 
     in determining where the test sites to be established under 
     the pilot project required by subsection (a)(1) are to be 
     located.
       (c) Certification Process.--The Administrator of the 
     Federal Aviation Administration shall expedite the approval 
     process for requests for certificates of authorization at 
     test sites referred to in subsection (a)(1).
       (d) Report on Systems and Detection Techniques.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Administrator of the Federal Aviation Administration 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report describing and assessing the 
     progress being made in establishing special use airspace to 
     fill the immediate need of the Department of Defense to 
     develop detection techniques for small unmanned aerial 
     vehicles and to validate sensor integration and operation of 
     unmanned aerial systems.

                          ____________________