[Congressional Record Volume 157, Number 26 (Thursday, February 17, 2011)]
[Senate]
[Pages S920-S922]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 104. Mr. REID of Nevada submitted an amendment intended to be 
proposed to amendment SA 54 proposed by Mr. Reid of Nevada 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, lines 21 and 22, of the amendment, strike 
     ``ongoing airport operational and''.
                                 ______
                                 
  SA 105. Mr. BROWN of Ohio (for himself, Mr. Portman, Mr. Baucus, and 
Mr. Tester) submitted an 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; as follows:

       Beginning on page 1, line 3, of the amendment, strike ``(3) 
     establishes'' and all that follows through page 3, line 10, 
     and insert the following:
       (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) 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 and Flight Standards for Military 
     Unmanned Aerial Systems.--The Secretary of Defense shall 
     establish a process to develop certification and flight 
     standards for military unmanned aerial systems at the test 
     sites referred to in subsection (a)(1).
       (d) 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).
       (e) 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 106. 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 2, strike line 7 and all that follows through line 
     15 and insert the following:
       (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 or 
     greater than 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.

     SEC. ___. 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 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'.
       ``(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

[[Page S921]]

     ``appropriate congressional committees'' means--
       (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 107. Mr. CARDIN 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 all after the word ``sec'' and insert the following:

     __. RONALD REAGAN WASHINGTON NATIONAL AIRPORT SLOTS.

       (a) Increase in Number of Slot Exemptions.--Section 41718 
     is amended by adding at the end thereof the following:
       ``(g) Additional Slots.--
       ``(1) Initial increase in exemptions.--Within 95 days after 
     the date of enactment of the FAA Air Transportation 
     Modernization and Safety Improvement Act, the Secretary shall 
     grant, by order, 24 slot exemptions from the application of 
     sections 49104(a)(5), 49109, 49111(e), and 41714 of this 
     title to air carriers to operate limited frequencies and 
     aircraft on routes between Ronald Reagan Washington National 
     Airport and airports located beyond the perimeter described 
     in section 49109 or, as provided in paragraph (2)(C), 
     airports located within that perimeter, and exemptions from 
     the requirements of subparts K and S of part 93, Code of 
     Federal Regulations, if the Secretary finds that the 
     exemptions will--
       ``(A) provide air transportation with domestic network 
     benefits in areas beyond the perimeter described in section 
     49109;
       ``(B) increase competition in multiple markets;
       ``(C) not reduce travel options for communities served by 
     small hub airports and medium hub airports within the 
     perimeter described in section 49109;
       ``(D) not result in meaningfully increased travel delays;
       ``(E) enhance options for nonstop travel to and from the 
     beyond-perimeter airports that will be served as a result of 
     those exemptions;
       ``(F) have a positive impact on the overall level of 
     competition in the markets that will be served as a result of 
     those exemptions; and
       ``(G) produce public benefits, including the likelihood 
     that the service to airports located beyond the perimeter 
     described in section 49109 will result in lower fares, higher 
     capacity, and a variety of service options.
       ``(2) New entrants and limited incumbents.--
       ``(A) Distribution.--Of the exemptions made available under 
     paragraph (1), the Secretary shall make 10 available to 
     limited incumbent air carriers or new entrant air carriers 
     and 14 available to other incumbent air carriers.
       ``(C) Use.--Only a limited incumbent air carrier or new 
     entrant air carrier may use an additional exemption granted 
     under this subsection to provide service between Ronald 
     Reagan Washington National Airport and an airport located 
     within the perimeter described in section 49109.
       ``(3) Improved network slots.--If an incumbent air carrier 
     (other than a limited incumbent air carrier) that uses a slot 
     for service between Ronald Reagan Washington National Airport 
     and a large hub airport located within the perimeter 
     described in section 49109 is granted an additional exemption 
     under this subsection, it shall, upon receiving the 
     additional exemption, discontinue the use of that slot for 
     such within-perimeter service and operate, in place of such 
     service, service between Ronald Reagan Washington National 
     Airport and an airport located beyond the perimeter described 
     in section 49109.
       ``(4) Conditions.--Beyond-perimeter flight operations 
     carried out by an air carrier using an exemption granted 
     under this subsection shall be subject to the following 
     conditions:
       ``(A) An air carrier may not operate a multi-aisle or 
     widebody aircraft in conducting such operations.
       ``(B) An air carrier granted an exemption under this 
     subsection is prohibited from selling, trading, leasing, or 
     otherwise transferring the rights to its beyond-perimeter 
     exemptions, except through an air carrier merger or 
     acquisition.
       ``(5) Operations deadline.--An air carrier granted a slot 
     exemption under this subsection shall commence operations 
     using that slot within 60 days after the date on which the 
     exemption was granted.
       ``(6) Impact study.--Within 17 months after granting the 
     additional exemptions authorized by paragraph (1) the 
     Secretary shall complete a study of the direct effects of the 
     additional exemptions, including the extent to which the 
     additional exemptions have--
       ``(A) caused congestion problems at the airport;
       ``(B) had a negative effect on the financial condition of 
     the Metropolitan Washington Airports Authority and Thurgood 
     Marshall-Baltimore Washington International Airport;
       ``(C) affected the environment in the area surrounding the 
     airport; and
       ``(D) resulted in meaningful loss of service to small and 
     medium markets within the perimeter described in section 
     49109.
       ``(7) Additional exemptions.--
       ``(A) Determination.--The Secretary shall determine, on the 
     basis of the study required by paragraph (6), whether--
       ``(i) the additional exemptions authorized by paragraph (1) 
     have had a substantial negative effect on Ronald Reagan 
     Washington National Airport, Washington Dulles International 
     Airport, or Baltimore/Washington Thurgood Marshall 
     International Airport; and
       ``(ii) the granting of additional exemptions under this 
     paragraph may, or may not, reasonably be expected to have a 
     substantial negative effect on any of those airports.
       ``(B) Authority to grant additional exemptions.--Beginning 
     6 months after the date on which the impact study is 
     concluded, the Secretary may grant up to 8 slot exemptions to 
     incumbent air carriers, in addition to those granted under 
     paragraph (1) of this subsection, if the Secretary determines 
     that--
       ``(i) the additional exemptions authorized by paragraph (1) 
     have not had a substantial negative effect on any of those 
     airports; and
       ``(ii) the granting of additional exemptions under this 
     subparagraph may not reasonably be expected to have a 
     negative effect on any of those airports.
       ``(D) Improved network slots.--If an incumbent air carrier 
     (other than a limited incumbent air carrier) that uses a slot 
     for service between Ronald Reagan Washington National Airport 
     and a large hub airport located within the perimeter 
     described in section 49109 is granted an additional exemption 
     under subparagraph (B), it shall, upon receiving the 
     additional exemption, discontinue the use of that slot for 
     such within-perimeter service and operate, in place of such 
     service, service between Ronald Reagan Washington National 
     Airport and an airport located beyond the perimeter described 
     in section 49109.
       ``(E) Conditions.--Beyond-perimeter flight operations 
     carried out by an air carrier using an exemption granted 
     under subparagraph (B) shall be subject to the following 
     conditions:
       ``(i) An air carrier may not operate a multi-aisle or 
     widebody aircraft in conducting such operations.
       ``(ii) An air carrier granted an exemption under this 
     subsection is prohibited from selling, trading, leasing, or 
     otherwise transferring the rights to its beyond-perimeter 
     exemptions, except through an air carrier merger or 
     acquisition.
       ``(F) Additional exemptions not permitted.--The Secretary 
     may not grant exemptions in addition to those authorized by 
     paragraph (1) if the Secretary determines that--
       (1) by inserting ``not'' after ``shall'' in subparagraph 
     (B);
       (2) by striking ``and'' after the semicolon in subparagraph 
     (B);
       (3) by striking ``Administration.'' in subparagraph (C) and 
     inserting ``Administration; and''; and
       (4) by adding at the end the following:
       ``(D) for purposes of section 41718, an air carrier that 
     holds only slot exemptions''.
       (d) Revenues and Fees at the Metropolitan Washington 
     Airports.--Section 49104(a) is amended by striking paragraph 
     (9) and inserting the following:
       ``(9) Notwithstanding any other provision of law, revenues 
     derived at either of the Metropolitan Washington Airports, 
     regardless of source, may be used for operating and capital 
     expenses (including debt service, depreciation and 
     amortization) at the other airport.''.
                                 ______
                                 
  SA 108. Mr. COCHRAN submitted an 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       (3) establishes a process to develop--
       (A) air traffic requirements or 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 civilian unmanned aerial 
     system operations;
       (7) ensures the unmanned aircraft systems integration plan 
     is incorporated in the Administration's NextGen Air 
     Transportation System implementation plan; and

[[Page S922]]

       (8) provides for integration into the National Airspace 
     System of safety standards and navigation procedures 
     validated--
       (A) under the pilot projects 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 shall take into 
     consideration geographical and climate diversity 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 shall 
     expedite the approval process for Certificate of 
     Authorization (COA) requests at test sites referred to in 
     subsection (a)(1).
       (d) Systems and Detection Techniques.--Within 6 months 
     after the date of enactment of this Act, the Administrator 
     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 validate sensor integration and operation of 
     unmanned aerial systems
       (e) Certification and Flight Standards for Military 
     Unmanned Aerial Systems.--The Secretary of Defense shall 
     establish a process to develop certification and flight 
     standards for military unmanned aerial systems at relevant 
     test sites referred to in subsection (a)(1).
       (f) Centers of Excellence for Unmanned Aerial Systems.--
     Within 6 months after the date of enactment of this Act, the 
     Administrator shall designate a coalition of institutions to 
     assist with integration matters described in subsection (a) 
     as a Center of Excellence for Unmanned Aerial Systems. When 
     establishing a new Center of Excellence for Unmanned Aerial 
     Systems, the Administrator shall consult with the Secretary 
     of Defense to ensure the Center of Excellence enhances 
     existing efforts of Department of Defense Centers of 
     Excellence regarding unmanned aerial systems.
       (g) Modification of Requirements on Pilot Project.--
     Notwithstanding subsection (a)(1) the number of test sites 
     for the pilot project under that subsection shall be 6 test 
     sites, and such pilot project shall be created by not later 
     than December 31, 2012.
                                 ______
                                 
  SA 109. Mr. COCHRAN submitted an amendment intended to be proposed to 
amendment SA 95 submitted by Mr. Brown of Ohio (for himself and Mr. 
Portman) and intended to be proposed 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, add the following:
       (e) Certification and Flight Standards for Military 
     Unmanned Aerial Systems.--The Secretary of Defense shall 
     establish a process to develop certification and flight 
     standards for military unmanned aerial systems at relevant 
     test sites referred to in subsection (a)(1).
       (f) Centers of Excellence for Unmanned Aerial Systems.--
     Within 6 months after the date of enactment of this Act, the 
     Administrator shall designate a coalition of institutions to 
     assist with integration matters described in subsection (a) 
     as a Center of Excellence for Unmanned Aerial Systems. When 
     establishing a new Center of Excellence for Unmanned Aerial 
     Systems, the Administrator shall consult with the Secretary 
     of Defense to ensure the Center of Excellence enhances 
     existing efforts of Department of Defense Centers of 
     Excellence regarding unmanned aerial systems.
                                 ______
                                 
  SA 110. Mr. CARDIN 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 5, line 24, of the amendment, insert ``or the 
     Baltimore/Washington Thurgood Marshall International 
     Airport'' after ``Authority''.
                                 ______
                                 
  SA 111. Mr. COCHRAN submitted an amendment intended to be proposed to 
amendment SA 95 submitted by Mr. Brown of Ohio (for himself and Mr. 
Portman) and intended to be proposed 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, add the following:
       (e) Center of Excellence for Unmanned Aerial Systems.--
     Within 6 months after the date of enactment of this Act, the 
     Administrator shall designate an institution or coalition of 
     institutions to assist with integration matters described in 
     subsection (a) as a Center of Excellence for Unmanned Aerial 
     Systems.

                          ____________________