[Congressional Record (Bound Edition), Volume 147 (2001), Part 12]
[Senate]
[Pages 17540-17549]
[From the U.S. Government Publishing Office, www.gpo.gov]



          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. McCONNELL.
  S. 1444. A bill to establish a Federal air marshals program under the 
Attorney General; to the Committee on Commerce, Science, and 
Transportation.
  Mr. McCONNELL. Madam President, two unmistakable American voices have 
emerged from the aftermath of September 11.
  One voice expressed a newfound hesitancy to fly. Passengers have 
canceled scheduled flights en masse and I, for one, can hardly blame 
them. Just this week we heard chilling reports that more acts of terror 
may be planned in our skies, and, even after the tragic events of 
September 11, we continue to hear anecdotes of lax security at our 
Nation's airports. Almost overnight, air travel, a way of life for 
millions of Americans every day, is now limping along. Families who 
gather to celebrate holidays, businesspeople who depend upon air 
transport, and Americans who simply prefer the speed of airplanes, now 
all must deal with the awful reality of terrorism. The hard economic 
truth of September 11 is that it scared so many passengers from 
airlines that it threatens to destroy our multi-billion dollar aviation 
industry.
  But a second, more inspiring, voice emerged from Americans after the 
acts of September 11, a visceral, instinctive urge to serve their 
country in some way after the attack on American soil. Minutes after 
Tuesday's tragedy, we saw real-life armies of compassion come to the 
aid of those whose lives were destroyed. We saw police and fire rescue 
units risk their lives to save their fellow citizens. We saw American 
families generously pour nearly $200 million of relief money to 
charitable organizations such as the Red Cross, the United Way, and the 
Salvation Army. And in memorial services and vigils all over the 
country, we saw Americans rallying together to pause, to pray, and to 
pledge that the American spirit will not be broken. Still today, in a 
remarkable show of patriotism, there is a chorus, especially those in 
law enforcement, asking ``what can I do?'' to protect and defend our 
fellow countrymen from future terrorist tragedies.

[[Page 17541]]

  What we need to do is harness this spirit in order to make our 
airlines safe again for American families. So, today, I am introducing 
legislation that authorizes the Attorney General, as our Nation's top 
law enforcement official, to establish a comprehensive Federal Air 
Marshal program to secure airports from curbside to cockpit. And to 
capitalize on the desire of so many Americans to serve our country in 
the fight against terrorism, the legislation specifically authorizes 
the Attorney General to use active and retired Federal, State, and 
local law enforcement officials to serve in the Air Marshal program.
  America needs a uniform Federal Air Marshal program to combat 
potential terrorism from the minute passengers arrive at an airport 
until the time they arrive safely at their intended destinations. This 
requires a professional law enforcement team to police airport points 
of entry, operate x-ray machines, and serve as undercover air security 
marshals on board commercial aircraft. While we have an existing FAA 
Federal Air Marshal program on board aircraft, we need to expand 
Federal aviation security to put Federal marshals on more flights and 
to stop terrorism on the ground before it can board an aircraft. For a 
comprehensive Air Marshal program to be most effective, we need to 
relieve the obligations of airport security from the FAA and the 
airlines, whose primary purpose is to facilitate and manage air travel, 
and entrust that obligation to the Department of Justice, whose primary 
mission is to enforce Federal law, and most important, to safeguard and 
protect us from terrorism.
  Obviously this new Federal Air Marshals program will require 
additional manpower and financial resources. And that is where we 
intend to harness the spirit espoused by so many of our law enforcement 
personnel throughout the country. The new Federal Air Marshals program 
not only will recruit new full-time active professional marshals but 
will augment that program with Deputy Federal Air Marshals drawn from 
retired military personnel, as well as from active or retired Federal, 
State, and local law enforcement officers, anyone from a DEA agent to a 
local law enforcement officer who wants to serve his country by 
securing our airports and aircraft. It is also crucial that we retain a 
sufficient measure of cost-sharing with private and State and local 
entities. Private airlines and airport authorities should share a 
responsibility, as they do now, to help fund a portion of airport 
security.
  The Attorney General will, of course, determine how to deploy the 
Deputy Air Marshals most effectively, and will ensure that they are 
properly trained to perform the task required of them, be it thwarting 
hijackers on board an aircraft or searching suspicious packages in the 
terminal. What is certain, however, is that tapping this reservoir of 
knowledgeable and experienced law enforcement officers to serve this 
vital national security function will allow us to put more Marshals 
both in the air and on the ground. Our goal should be to secure as many 
airports and as many aircraft as possible using the most experienced 
and professional staff available.
  We already have models in place for the type of curbside to cockpit 
security envisioned in this bill. Our Federal courthouses currently are 
secured by our United States Marshals, who also employ Court Security 
Officers, CSOs, to provide security around the perimeter of the 
building, at each point of entry, and in the courtrooms themselves. 
These CSOs are themselves retired Federal, State, and local law 
enforcement personnel. Part of the reason our courthouses enjoy such 
security today is that this unified system provides for layers of 
security far before one enters the actual courtroom. Our democracy now 
demands, in the interest of our national security, that we make sure 
our cockpits are every bit as secure as our courthouses.
  In times and events such as these, the Federal Government is not only 
the best answer, but the only answer. The challenge we face in securing 
our airports and airlines is not a matter of free market economics, it 
is a matter of national security, as the tragic events of September 11 
made so horrifyingly clear. That is why it is imperative that we 
entrust this national security item with the resources, expertise, and 
experience of our Nation's top law enforcement agency, and that we do 
so immediately.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1444

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Air Marshals and 
     Safe Sky Act of 2001''.

     SEC. 2. PROGRAM ESTABLISHED.

       (a) In General.--Chapter 37 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 570. Federal air marshals program

       ``(a) Definitions.--In this section:
       ``(1) Aircraft.--The term `aircraft' has the meaning given 
     that term in section 40102 of title 49.
       ``(2) Air transportation.--The term `air transportation' 
     has the meaning given that term in section 40102 of title 49.
       ``(3) Program.--The term `program' means the program 
     established under subsection (c).
       ``(4) Units of local government.The term `units of local 
     government' includes an airport authority.
       ``(b) Responsibility for Airport and Aircraft Safety.--This 
     section shall govern the security at airports and on board 
     commercial aircraft.
       ``(c) Federal Air Marshals Program.--
       ``(1) Goal.--The goal of the program is to provide maximum 
     security at airports and on board commercial aircraft by 
     having the Federal Government be responsible for all phases 
     of security for air passengers.
       ``(2) Establishment of federal air marshals program.--
       ``(A) Establishment.--The Attorney General shall establish 
     a Federal Air Marshals program consisting of Federal Air 
     Marshals, including the Federal Air Marshals participating in 
     the Federal Air Marshals Program being administered by the 
     Federal Aviation Administration before the effective date of 
     this section, and Deputy Federal Air Marshals in order to 
     provide maximum security at airports and on board commercial 
     aircraft.
       ``(B) Federal air marshals.--Federal Air Marshals shall 
     serve for the purpose of enforcing Federal laws that regulate 
     security at airports and on board commercial aircraft, 
     including laws relating to acts of terrorism, hijacking, or 
     aircraft piracy and laws relating to violent, abusive, or 
     disruptive behavior by passengers in air transportation.
       ``(C) Deputy federal air marshals.--
       ``(i) In general.--The Attorney General shall deputize 
     individuals described in clause (ii) as Deputy Federal Air 
     Marshals for the purpose of augmenting and assisting Federal 
     Air Marshals.
       ``(ii) Personnel.--The Attorney General shall utilize 
     retired military personnel, retired Federal, State, and local 
     law enforcement personnel, and active-duty Federal, State, 
     and local law enforcement personnel from other government 
     departments and agencies as Deputy Federal Air Marshals.
       ``(iii) Compensation.--The Attorney General may employ 
     personnel described in clause (ii)--

       ``(I) as volunteers;
       ``(II) by paying a reasonable per diem;
       ``(III) by employing a fee-for-service or contract 
     arrangement; or
       ``(IV) using any other method authorized by law.

       ``(4) Consultation.--In establishing the program, the 
     Attorney General shall consult with appropriate officials 
     of--
       ``(A) the United States Government (including the 
     Administrator of the Federal Aviation Administration or his 
     designated representative); and
       ``(B) State and local governments in any geographic area in 
     which the program may operate.
       ``(5) Certification, training and examination of air 
     marshals; prior approval of employer to serve as deputy air 
     marshal.--
       ``(A) In general.--Under the program, the Attorney General 
     shall provide appropriate training and supervision of all air 
     marshals, as well as appropriate background and fitness 
     examination of eligible candidates as part of their 
     certification.
       ``(B) Employer approval.--Active Federal, State, or local 
     law enforcement officers who serve as Deputy Federal Air 
     Marshals shall receive approval to participate in the program 
     from their employer.
       ``(d) Powers and Status of Federal Air Marshals and Deputy 
     Air Marshals.--
       ``(1) In general.--Subject to paragraph (2), Federal Air 
     Marshals and Deputy Federal Air Marshals may arrest and 
     apprehend an individual suspected of violating any Federal 
     law relating to security at airports or on board aircraft, 
     including any individual who

[[Page 17542]]

     violates a provision subject to a civil penalty under section 
     46301, 46302, 46303, 46314, 46318, 46502, 46504, 46505, or 
     46507 of title 49, or who commits an act described in section 
     46506 of title 49, or who violates a provision subject to a 
     criminal penalty under sections 32 and 37 of title 18.
       ``(2) Limitation.--The powers granted to a Deputy Federal 
     Air Marshal shall be limited to enforcing Federal laws 
     relating to security at airports or on board aircraft.
       ``(e) Statutory Construction.--Nothing in this section may 
     be construed to--
       ``(1) grant any Federal Air Marshal or Deputy Federal Air 
     Marshal the power to enforce any Federal law that is not 
     described in subsection (d); or
       ``(2) limit the authority that a Federal, State, or local 
     law enforcement officer may otherwise exercise in the 
     officer's capacity under any other applicable law.
       ``(f) Regulations.--The Attorney General shall promulgate 
     such regulations as may be necessary to carry out this 
     section.
       ``(g) Cost Sharing.--The costs of the program shall be paid 
     by--
       ``(1) the airlines in an amount not less than the amount 
     (as adjusted for inflation after the effective date of this 
     section) the airlines were paying for airport security on the 
     date before the effective date of this section;
       ``(2) State and units of local government in an amount not 
     less than the amount (as adjusted for inflation after the 
     effective date of this section) the States and units of local 
     government were paying for airport security on the date 
     before the effective date of this section; and
       ``(3) the Federal Government.
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--Subject to paragraph (2), there are 
     authorized to be appropriated to carry out this section such 
     sums as may be necessary.
       ``(2) Limitation.--The Federal share of carrying out this 
     section shall be limited to the cost of the program after 
     payments by airlines and States and units of local government 
     pursuant to subsection (g).''.

     SEC. 3. REPEAL.

       Section 44903 of title 49, United States Code, is repealed.

     SEC. 4. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect 90 days after the date of enactment of this Act.
                                 ______
                                 
      By Mr. ENZI (for himself, Mr. Dorgan, Mr. Frist, and Mr. 
        Hutchinson):
  S. 1445: A bill to amend the Higher Education Act of 1965 to expand 
the opportunities of higher education via telecommunications; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. ENZI. Mr. President, I am pleased to have this opportunity to 
introduce the Internet Equity and Education Act of 2001 in the Senate. 
This important legislation, which is based on the findings of the 
bipartisan Web-Based Education Commission on which I served, will 
accomplish the critical goal of giving more students in both rural and 
urban areas access to distance education by expanding Internet-based 
educational opportunities at the post-secondary level.
  Specifically, this legislation, which is cosponsored by Senators 
Dorgan, Frist and Hutchinson, will remove three regulatory barriers 
that are slowing the growth of distance education in our nation. First, 
it will modify the Department of Education's ``50 percent rule'' that 
requires institutions that are eligible for Title IV student aid 
programs under the Higher Education Act to offer at least 50 percent of 
their instruction in a classroom-based environment. This legislation 
will instead allow institutions to offer more than 50 percent of their 
classes by telecommunications methods if the institution already 
participates in the student loan programs and their student loan 
default rate is less than 10 percent for the three preceding years. 
This ensures that distance education options are available to schools 
with a proven track record of successfully administering federal 
financial aid programs.
  Second, it will eliminate the ``12 hour rule.'' This rule defines a 
week of instructional time to mean 12 hours of ``regularly scheduled 
instruction, examinations, or preparation for examination'' for 
programs that are offered in non-standard terms. This legislation will 
instead require that programs offered on a non-standard term, such as 
those offered by the University of Wyoming and the Western Governors 
University, be held to the same accountability standards as those 
offered on a traditional semester or quarter basis.
  Third, this legislation will clarify the incentive compensation 
restrictions that were passed by Congress in 1992 with the intent of 
prohibiting colleges and universities that participate in federal 
student financial aid programs from paying any commission, bonus, or 
other incentive payments to third parties based on their success in 
enrolling new students. These restrictions, while well intentioned, 
have had the unintended consequence of preventing some higher education 
institutions from using third-party Web portals. This practice, which 
is fairly common and often necessary for many distance education and 
Internet based education programs, provides prospective students with 
access to information about the programs they offer and admissions 
requirements. This legislation clarifies the incentive compensation 
prohibitions in the Higher Education Act by allowing the use of third-
party Web portals and allowing schools to appropriately reward 
employees for their job performance. The bill preserves the intent of 
the 1992 law by stating that non-salary payments to those directly 
involved in recruiting students or awarding financial aid are not 
allowed. It will also allow the Secretary of Education to impose 
appropriate sanctions against an institution if a violation occurs. 
This change to the regulation will continue to ensure that Federal 
student aid programs are free from fraud and abuse, while allowing 
prospective students to gain information about all of the post-
secondary educational opportunities that are available.
  As some of you may know, I have a very personal interest in the issue 
of distance education. I saw how effective it can be because my wife, 
Diana, received her masters degree in adult education by taking classes 
through the University of Wyoming while living here in Washington. 
After witnessing the high quality of the course work, the 
responsiveness to students' needs, and the ``technology flexibility'' 
that enabled Diana's experience, I have become a strong advocate for 
distance learning.
  I am especially pleased to be able to sponsor this legislation at a 
time when the University of Wyoming is experiencing record breaking 
enrollment in Online UW, the web-based educational arm of the 
University of Wyoming Outreach School. I was impressed to learn that as 
of August 28, 2001 class enrollments totaled 1,164, which is a dramatic 
increase over the 140 students who enrolled in the spring of 1999 when 
the University launched this program. In addition to the enrollment 
growth, the number of courses that are being offered is also expanding. 
During the fall 2001 semester 43 online courses are available at the 
University of Wyoming, supporting seven degree programs or 
certificates. It is my hope that with the passage of this legislation, 
programs like those at the University of Wyoming will be able to expand 
even further to serve more interested students.
  In closing, I would like to take this opportunity to extend my thanks 
to Congressman Johnny Isakson and his staff. As the Vice Chair of the 
Web-Based Education Commission, Congressman Isakson introduced this 
legislation in the House earlier this year and has successfully steered 
it through the House Education and the Workforce Committee, where it 
passed overwhelmingly on August 1, 2001. I look forward to the same 
success here in the Senate so that we might open up the possibilities 
of distance education to a new generation of students.
                                 ______
                                 
      By Mr. GRAHAM (for himself, Mrs. Feinstein, Mr. Bayh, Mr. Nelson 
        of Florida, and Mr. Rockefeller):
  S. 1448. A bill to enhance intelligence and intelligence-related 
activities of the United States Government in the prevention of 
terrorism, and for other purposes; to the Select Committee on 
Intelligence.
                                 ______
                                 
      By Mr. GRAHAM (for himself, Mrs. Feinstein, Mr. Bayh, Ms. 
        Mikulski, Mr. Durbin, Mr. Nelson of Florida, and Mr. 
        Rockefeller):
  S. 1449. A bill to establish the National Office for Combatting 
Terrorism; to the Committee on Governmental Affairs.

[[Page 17543]]


  Mr. GRAHAM. Madam President, it has now been 10 days since our Nation 
was struck by a well-coordinated series of terrorist attacks. It has 
been 10 days since we all witnessed the horror of hijacked airliners 
crashing into the World Trade Center and the Pentagon. It has been 10 
days since we vowed to track down and bring to justice those who 
assisted, financed, and harbored these terrorists and to treat them as 
terrorists.
  Today, as the investigation proceeds, I believe it is time we begin 
to look beyond the crisis of September 11. It is time we begin to 
develop a long-term response to the continued threat of terrorism.
  Terrorism ultimately is not a crisis. It is a cancerous condition, a 
condition that all Americans must come to grips with as we strive to 
return to normalcy.
  Today, with several of my colleagues, I am introducing a pair of 
bills that offer a prescription for the condition of terrorism.
  The first bill will make changes to a number of laws, including the 
Foreign Intelligence Surveillance Act of 1978, to enhance our ability 
to infiltrate terrorist cells, to collect information necessary to 
guarantee America's security, and to coordinate more effectively our 
domestic efforts against terrorism.
  There are four primary goals of this legislation. The first relates 
to data collection to assure that our foreign intelligence should be 
brought into line with the laws that control domestic law enforcement 
actions. In a number of areas, we have different standards if we are 
collecting information for domestic law enforcement than when we are 
collecting analogous information for purposes of foreign intelligence.
  Second, many regulations have not kept pace with the rapid changes we 
have seen, particularly in communication technology, and need to be 
updated.
  Third, as we saw on September 11, most terrorist acts have both a 
criminal and an intelligence component. Our foreign intelligence and 
domestic law enforcement agencies need to be able to share information 
in order to protect our citizens.
  Fourth, there are some strategic changes we need to make in the laws, 
such as better training of our local law enforcement so that they can 
play their appropriate role in responding to terrorism before the act 
to prevent terrorist actions, as opposed to just, as we are doing now 
at the Pentagon and in New York City, picking up the pieces of the 
consequences of a terrorist act that has been executed.
  I emphasize that the Senate Select Committee on Intelligence has been 
working on these proposals for several months. We have worked closely 
with the appropriate Federal agencies, as well as within the Senate 
Judiciary Committee, the Governmental Affairs Committee, and the Armed 
Services Committee.
  It is my hope that we will develop a consensus around the proposals 
other Members of Congress may have that the Attorney General has 
recently submitted. We do not purport that our list is exclusive. We 
think it represents a well-researched, solid beginning against a very 
serious challenge to our Nation, and we look forward to fully reviewing 
those recommendations that have been made within the last 72 hours by 
the Attorney General.
  I also want to make it clear that I am mindful of the concerns we are 
beginning to hear from various organizations that we might overreact 
and impinge upon the civil liberties of our people. We would hand the 
ultimate victory to terrorists if we were to allow them to coerce our 
great Nation into compromising our highest values, personal freedom, 
and civil rights.
  Madam President, in many ways we are here today much as the country 
was in the 1920s. It was at that time that America launched a national 
crusade against organized crime. The Nation committed itself to rooting 
out the corrupt captains of crime who had infiltrated labor unions, run 
gambling operations, trafficked in illegal drugs and, in the course of 
their activities, accumulated great wealth and, in many communities, 
great political influence.
  We can take pride that over several decades an earlier generation of 
American leaders managed to put many of these domestic enemies behind 
bars and diminish their influence and their corrosive effect on our 
society.
  I take this experience of the 20th century, our ability to begin to 
roll back the influence of organized crime in the United States, as a 
hopeful sign, a sign that we can pass on to our children and our 
grandchildren a world that has greatly diminished the threat we now 
face from terrorists. It is our hope that these two legislative 
proposals will be a step in that direction.
  Under our proposal, the President will appoint the Director of the 
National Office for Combating Terrorism subject to Senate confirmation. 
This individual will be accountable to the President, to the Congress, 
and to the Nation.
  One of the key responsibilities of this new office would be budget 
coordination to assure that all of the agencies--and there are now as 
many as 40 agencies that have some piece of antiterrorism activity--are 
operating from a coordinated plan and that resources to carry out their 
portions of the plan are properly coordinated. To do that will require 
the statutory authority from Congress.
  Madam President, the second bill has as its objective to assure that 
the dozens of Federal agencies that have counterterrorism as one of 
their missions are working together in a coordinated way to detect and 
disarm terrorists.
  There have been over the past several years several independent 
commissions which have reviewed the issue of terrorism. Two of our 
former colleagues, Senators Rudman and Hart, have headed one of those 
commissions. All of those commissions have endorsed the principle of a 
stronger central coordination of the Federal Government's efforts 
against terrorism.
  Just this past week, the General Accounting Office issued yet another 
study of this issue. I quote a portion of that General Accounting 
Office study:

       Key interagency functions are resident in several different 
     organizations, resulting in fragmented leadership and 
     coordination. These circumstances hinder unity of effort and 
     limit accountability. However, the current attention being 
     focused on this issue provides an opportunity to improve the 
     overall leadership and coordination of programs to combat 
     terrorism.

  In other words, we need to assign responsibility to someone who will 
be the leader of our national effort to make certain that all of the 
agencies are on the field, from the Central Intelligence Agency to the 
FBI, and are following a common set of objectives. I am pleased that 
President Bush endorsed this approach in his address to the Nation.
  The President called, by Executive order, for the creation of a 
position of homeland defense within the White House. He has assigned 
that responsibility to the current Governor of Pennsylvania, Tom Ridge.
  I believe we should build on what the President has recommended by 
going a step further and making this position a statutory position.
  Mr. ROCKEFELLER. Madam President, in the wake of the tragic events of 
September 11, 2001, it is not with pride exactly, but with a firm 
resolve that I join with my good friend and colleague Senator Bob 
Graham, the chairman of the Senate Select Committee on Intelligence, in 
cosponsoring two important pieces of legislation: Bills to establish 
the National Office for Combating Terrorism and the Intelligence to 
Prevent Terrorism Act of 2001.
  While we strive to go on and do the work that the people sent us here 
to do, we cannot help but feel heartsick as a Congress, and I am quite 
sure as individuals, when we consider the unimaginable loss of human 
life and the magnitude of the destruction wrought by these malicious 
and misguided men. But grieve though we must, it is our solemn 
responsibility as representatives of the American people to look into 
this abyss and find the lessons that may be there for us.
  When a relatively large group of foreign terrorists who had lived and 
even trained in this country carried out a despicable and unfortunately 
well-

[[Page 17544]]

choreographed wave of terror attacks months or years in the planning, 
it cast a harsh light on a range of deficiencies in our Nation's 
efforts to combat terrorism. We are made to feel vulnerable by the 
sheer enormity of the evil and by the realization that any of us could 
become targets of the next fanatical assault. Our dread might even turn 
to despondency if we consider the agonizing possibility that our law 
enforcement and intelligence establishments might have been able to 
prevent the horror of last Tuesday if they had had adequate mechanisms 
with which to collaborate on strategy, share information, and assist in 
investigation and apprehension of men capable of these heinous crimes.
  Rather than feeling despondent, however, it is our duty as a Congress 
to act. This Nation and this Congress can no longer tolerate a 
situation in which competing missions of agencies--or competing 
personalities of public officials--put our citizens and our property at 
risk. We must create an environment of coordination between the 
intelligence community, our Federal, State, and local law enforcement 
agencies, the military, public health authorities, and all the other 
parties who can play a role in combating terrorism. I believe these two 
pieces of legislation, which establish a centralized authority to 
coordinate the activities and responsibilities of a multifaceted group 
of agencies, and provide both the intelligence community and law 
enforcement with valuable tools to combat terrorism-related crimes, do 
just this.
  Briefly, the bills introduced today in the Senate would do the 
following:
  Establish a ``National Office for Combating Terrorism'' to provide a 
greater level of coordination among the Nation's law enforcement 
establishment, the intelligence community, the military, public health 
authorities, and State and local governments to create a coherent, 
functional strategy for combating terrorism out of a current system a 
blue-ribbon Presidential Commission has called fragmented, 
uncoordinated, and politically unaccountable.
  Ensure that terrorism-related intelligence gathered under the Foreign 
Intelligence Surveillance Act--FISA--is used to further the overall 
antiterrorism strategy. The legislation clarifies that the Director of 
Central Intelligence--DCI--is the primary government official 
responsible for coordination and dissemination of intelligence gathered 
under, while retaining the FBI as the agency with operational authority 
for intelligence gathering from foreign nationals.
  Require law enforcement agencies to share with the DCI any terrorism-
related intelligence information gathered in criminal investigations.
  Mandate cooperation between the DCI and the Treasury Department to 
root out and cut off the international money trail terrorists use to 
finance their activities.
  Develop training programs for State and local law enforcement 
agencies and public officials to help them detect terrorist activity, 
and to improve their understanding and use of intelligence shared with 
them.
  Establish a National Virtual Translation Center to enable 
intelligence information collected anywhere in the world to be 
transmitted over secure electronic lines, translated and analyzed by 
experts elsewhere, and shared with relevant law enforcement and 
government personnel throughout this country, as well as by 
policymakers in Washington and intelligence agents overseas.
  Make explicit that U.S. Government officers, acting in their official 
capacity, may recruit any person who has information about terrorist, 
terrorist groups, or those who assist or harbor them--including foreign 
governments.
  The reactions to last week's attacks have ranged from shock, to 
horror, to sadness, to rage, and now, as I said at the beginning of my 
remarks, to resolve. Just over a week after the worst act of terrorism, 
indeed, the worst crime, in the history of the country, we are united 
as a people behind our President, our armed forces, and our law 
enforcement agencies, resolved to root out and defeat terrorism 
wherever this particular breed of hatred is fostered. Part of that 
resolve may be seen in the package of legislation introduced here 
today, although it would be incorrect to characterize this legislation 
as a reaction to the nightmare of September 11. These bills are the 
product of a longstanding concern about a lack of coordination between 
our law enforcement and intelligence resources and are the result of 
several months of hard work on the part of Chairman Graham, several 
other members of our committee, and Intelligence Committee staff. I 
believe these bills represent good first steps.
  I have not had the privilege of being a member of the Intelligence 
Committee for very long, but from the very first day I have been 
enormously impressed with the careful balance the committee strikes 
between the intelligence gathering needs of this nation, and the civil 
liberties enjoyed by its citizens. However, in this time of heightened 
tension and increased security, I must admit that I share some of the 
concerns of many Americans, from across the political spectrum, who 
fear that well-meaning reforms may unduly infringe on the liberties we 
cherish.
  While I am confident that in crafting this legislation Senator Graham 
has taken those concerns very much to heart and has protected the 
rights of law-abiding Americans, I will closely monitor the progress of 
this legislation. I cannot overestimate the importance of ensuring that 
in our zeal to prevent another terrorist assault on this Nation we do 
not contribute to an atmosphere of fear and mistrust of our fellow 
citizens.
  I will also be looking for an understanding of these concerns from 
our colleagues on the various committees of referral, and in the Senate 
as a whole. We must commit ourselves and our Nation that, despite the 
grave seriousness of combating terrorism, we will always safeguard 
civil liberties as we consider this or any other piece of legislation 
introduced to combat terrorism. What is needed--and what this package 
of legislation provides--is greater coordination, efficiency, and 
effectiveness among our existing antiterrorism resources, without a 
surrender of the rights and liberties that make this the greatest 
nation in the history of the world.
                                 ______
                                 
      By Mr. DASCHLE (for himself and Mr. Lott):
  S. 1450. A bill to preserve the continued viability of the United 
States air transportation system; considered and passed.
  Mr. DASCHLE. Madam President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1450

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Air Transportation Safety 
     and System Stabilization Act''.

                     TITLE I--AIRLINE STABILIZATION

     SEC. 101. AVIATION DISASTER RELIEF.

       (a) In General.--Notwithstanding any other provision of 
     law, the President shall take the following actions to 
     compensate air carriers for losses incurred by the air 
     carriers as a result of the terrorist attacks on the United 
     States that occurred on September 11, 2001:
       (1) Subject to such terms and conditions as the President 
     deems necessary, issue Federal credit instruments to air 
     carriers that do not, in the aggregate, exceed 
     $10,000,000,000 and provide the subsidy amounts necessary for 
     such instruments in accordance with the provisions of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
       (2) Compensate air carriers in an aggregate amount equal to 
     $5,000,000,000 for--
       (A) direct losses incurred beginning on September 11, 2001, 
     by air carriers as a result of any Federal ground stop order 
     issued by the Secretary of Transportation or any subsequent 
     order which continues or renews such a stoppage; and
       (B) the incremental losses incurred beginning September 11, 
     2001, and ending December 31, 2001, by air carriers as a 
     direct result of such attacks.
       (b) Emergency Designation.--Congress designates the amount 
     of new budget authority and outlays in all fiscal years 
     resulting from this title as an emergency requirement 
     pursuant to section 252(e) of the Balanced Budget and 
     Emergency Deficit Control Act

[[Page 17545]]

     of 1985 (2 U.S.C. 901(e)). Such amount shall be available 
     only to the extent that a request, that includes designation 
     of such amount as an emergency requirement as defined in such 
     Act, is transmitted by the President to Congress.

     SEC. 102. AIR TRANSPORTATION STABILIZATION BOARD.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Board.--The term ``Board'' means the Air Transportation 
     Stabilization Board established under subsection (b).
       (2) Financial obligation.--The term ``financial 
     obligation'' means any note, bond, debenture, or other debt 
     obligation issued by an obligor in connection with financing 
     under this section and section 101(a)(1).
       (3) Lender.--The term ``lender'' means any non-Federal 
     qualified institutional buyer (as defined by section 
     230.144A(a) of title 17, Code of Federal Regulations (or any 
     successor regulation) known as Rule 144A(a) of the Securities 
     and Exchange Commission and issued under the Security Act of 
     1933, including--
       (A) a qualified retirement plan (as defined in section 
     4974(c) of the Internal Revenue Code of 1986 (26 U.S.C. 
     4974(c)) that is a qualified institutional buyer; and
       (B) a governmental plan (as defined in section 414(d) of 
     the Internal Revenue Code of 1986 (26 U.S.C. 414(d)) that is 
     a qualified institutional buyer.
       (4) Obligor.--The term ``obligor'' means a party primarily 
     liable for payment of the principal of or interest on a 
     Federal credit instrument, which party may be a corporation, 
     partnership, joint venture, trust, or governmental entity, 
     agency, or instrumentality.
       (b) Air Transportation Stabilization Board.--
       (1) Establishment.--There is established a board (to be 
     known as the ``Air Transportation Stabilization Board'') to 
     review and decide on applications for Federal credit 
     instruments under section 101(a)(1).
       (2) Composition.--The Board shall consist of--
       (A) the Secretary of Transportation or the designee of the 
     Secretary;
       (B) the Chairman of the Board of Governors of the Federal 
     Reserve System, or the designee of the Chairman, who shall be 
     the Chair of the Board;
       (C) the Secretary of the Treasury or the designee of the 
     Secretary; and
       (D) the Comptroller General of the United States, or the 
     designee of the Comptroller General, as a nonvoting member of 
     the Board.
       (c) Federal Credit Instruments.--
       (1) In general.--The Board may enter into agreements with 1 
     or more obligors to issue Federal credit instruments under 
     section 101(a)(1) if the Board determines, in its discretion, 
     that--
       (A) the obligor is an air carrier for which credit is not 
     reasonably available at the time of the transaction;
       (B) the intended obligation by the obligor is prudently 
     incurred; and
       (C) such agreement is a necessary part of maintaining a 
     safe, efficient, and viable commercial aviation system in the 
     United States.
       (2) Terms and limitations.--
       (A) Forms; terms and conditions.--A Federal credit 
     instrument shall be issued under section 101(a)(1) in such 
     form and on such terms and conditions and contain such 
     covenants, representatives, warranties, and requirements 
     (including requirements for audits) as the Board determines 
     appropriate.
       (B) Procedures.--Not later than 14 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall issue regulations setting forth 
     procedures for application and minimum requirements, which 
     may be supplemented by the Board in its discretion, for the 
     issuance of Federal credit instruments under section 
     101(a)(1).
       (d) Financial Protection of Government.--
       (1) In general.--To the extent feasible and practicable, 
     the Board shall ensure that the Government is compensated for 
     the risk assumed in making guarantees under this title.
       (2) Government participation in gains.--To the extent to 
     which any participating corporation accepts financial 
     assistance, in the form of accepting the proceeds of any 
     loans guaranteed by the Government under this title, the 
     Board is authorized to enter into contracts under which the 
     Government, contingent on the financial success of the 
     participating corporation, would participate in the gains of 
     the participating corporation or its security holders through 
     the use of such instruments as warrants, stock options, 
     common or preferred stock, or other appropriate equity 
     instruments.
       (3) Deposit in treasury.--All amounts collected by the 
     Secretary of the Treasury under this subsection shall be 
     deposited in the Treasury as miscellaneous receipts.

     SEC. 103. SPECIAL RULES FOR COMPENSATION.

       (a) Documentation.--Subject to subsection (b), the amount 
     of compensation payable to an air carrier under section 
     101(a)(2) may not exceed the amount of losses described in 
     section 101(a)(2) that the air carrier demonstrates to the 
     satisfaction of the President, using sworn financial 
     statements or other appropriate data, that the air carrier 
     incurred. The Secretary of Transportation and the Comptroller 
     General of the United States may audit such statements and 
     may request any information that the Secretary and the 
     Comptroller General deems necessary to conduct such audit.
       (b) Maximum Amount of Compensation Payable Per Air 
     Carrier.--The maximum total amount of compensation payable to 
     an air carrier under section 101(a)(2) may not exceed the 
     lesser of--
       (1) the amount of such air carrier's direct and incremental 
     losses described in section 101(a)(2); or
       (2) in the case of--
       (A) flights involving passenger-only or combined passenger 
     and cargo transportation, the product of--
       (i) $4,500,000,000; and
       (ii) the ratio of--

       (I) the available seat miles of the air carrier for the 
     month of August 2001 as reported to the Secretary; to
       (II) the total available seat miles of all such air 
     carriers for such month as reported to the Secretary; and

       (B) flights involving cargo-only transportation, the 
     product of--
       (i) $500,000,000; and
       (ii) the ratio of--

       (I) the revenue ton miles or other auditable measure of the 
     air carrier for cargo for the latest quarter for which data 
     is available as reported to the Secretary; to
       (II) the total revenue ton miles or other auditable measure 
     of all such air carriers for cargo for such quarter as 
     reported to the Secretary.

       (c) Payments.--The President may provide compensation to 
     air carriers under section 101(a)(2) in 1 or more payments up 
     to the amount authorized by this title.

     SEC. 104. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.

       (a) In General.--The President may only issue a Federal 
     credit instrument under section 101(a)(1) to an air carrier 
     after the air carrier enters into a legally binding agreement 
     with the President that, during the 2-year period beginning 
     September 11, 2001, and ending September 11, 2003, no officer 
     or employee of the air carrier whose total compensation 
     exceeded $300,000 in calendar year 2000 (other than an 
     employee whose compensation is determined through an existing 
     collective bargaining agreement entered into prior to 
     September 11, 2001)--
       (1) will receive from the air carrier total compensation 
     which exceeds, during any 12 consecutive months of such 2-
     year period, the total compensation received by the officer 
     or employee from the air carrier in calendar year 2000; and
       (2) will receive from the air carrier severance pay or 
     other benefits upon termination of employment with the air 
     carrier which exceeds twice the maximum total compensation 
     received by the officer or employee from the air carrier in 
     calendar year 2000.
       (b) Total Compensation Defined.--In this section, the term 
     ``total compensation'' includes salary, bonuses, awards of 
     stock, and other financial benefits provided by an air 
     carrier to an officer or employee of the air carrier.

     SEC. 105. CONTINUATION OF CERTAIN AIR SERVICE.

       (a) Action of Secretary.--The Secretary of Transportation 
     should take appropriate action to ensure that all communities 
     that had scheduled air service before September 11, 2001, 
     continue to receive adequate air transportation service and 
     that essential air service to small communities continues 
     without interruption.
       (b) Essential Air Service.--There is authorized to be 
     appropriated to the Secretary to carry out the essential air 
     service program under subchapter II of chapter 417 of title 
     49, United States Code, $120,000,000 for fiscal year 2002.
       (c) Secretarial Oversight.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary is authorized to require an air carrier 
     receiving direct financial assistance under this Act to 
     maintain scheduled air service to any point served by that 
     carrier before September 11, 2001.
       (2) Agreements.--In applying paragraph (1), the Secretary 
     may require air carriers receiving direct financial 
     assistance under this Act to enter into agreements which will 
     ensure, to the maximum extent practicable, that all 
     communities that had scheduled air service before September 
     11, 2001, continue to receive adequate air transportation 
     service.

     SEC. 106. REPORTS.

       (a) Report.--Not later than February 1, 2001, the President 
     shall transmit to the Committee on Transportation and 
     Infrastructure, the Committee on Appropriations, and the 
     Committee on the Budget of the House of Representatives and 
     the Committee on Commerce, Science, and Transportation, the 
     Committee on Appropriations, and the Committee on the Budget 
     of the Senate a report on the financial status of the air 
     carrier industry and the amounts of assistance provided under 
     this title to each air carrier.
       (b) Update.--Not later than the last day of the 7-month 
     period following the date of enactment of this Act, the 
     President shall update and transmit the report to the 
     Committees.

     SEC. 107. DEFINITIONS.

       In this title, the following definitions apply:

[[Page 17546]]

       (1) Air carrier.--The term ``air carrier'' has the meaning 
     such term has under section 40102 of title 49, United States 
     Code.
       (2) Federal credit instrument.--The term ``Federal credit 
     instrument'' means any guarantee or other pledge by the Board 
     issued under section 101(a)(1) to pledge the full faith and 
     credit of the United States to pay all or part of any of the 
     principal of and interest on a loan or other debt obligation 
     issued by an obligor and funded by a lender.
       (3) Incremental loss.--The term ``incremental loss'' does 
     not include any loss that the President determines would have 
     been incurred if the terrorist attacks on the United States 
     that occurred on September 11, 2001, had not occurred.

                      TITLE II--AVIATION INSURANCE

     SEC. 201. DOMESTIC INSURANCE AND REIMBURSEMENT OF INSURANCE 
                   COSTS.

       (a) In General.--Section 44302 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``subsection (b)'' and inserting 
     ``subsection (c)''; and
       (B) by striking ``foreign-flag aircraft--'' and all that 
     follows through the period at the end of subparagraph (B) and 
     inserting ``foreign-flag aircraft.'';
       (2) by redesignating subsections (b), (c), and (d) as 
     subsections (c), (d), and (e), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Reimbursement of Insurance Cost Increases.--
       ``(1) In general.--The Secretary may reimburse an air 
     carrier for the increase in the cost of insurance, with 
     respect to a premium for coverage ending before October 1, 
     2002, against loss or damage arising out of any risk from the 
     operation of an American aircraft over the insurance premium 
     that was in effect for a comparable operation during the 
     period beginning September 4, 2001, and ending September 10, 
     2001, as the Secretary may determine. Such reimbursement is 
     subject to subsections (a)(2), (c), and (d) of this section 
     and to section 44303.
       ``(2) Payment from revolving fund.--A reimbursement under 
     this subsection shall be paid from the revolving fund 
     established by section 44307.
       ``(3) Further conditions.--The Secretary may impose such 
     further conditions on insurance for which the increase in 
     premium is subject to reimbursement under this subsection as 
     the Secretary may deem appropriate in the interest of air 
     commerce.
       ``(4) Termination of authority.--The authority to reimburse 
     air carriers under this subsection shall expire 180 days 
     after the date of enactment of this paragraph.'';
       (4) in subsection (c) (as so redesignated)--
       (A) in the first sentence by inserting ``, or reimburse an 
     air carrier under subsection (b) of this section,'' before 
     ``only with the approval''; and
       (B) in the second sentence--
       (i) by inserting ``or the reimbursement'' before ``only 
     after deciding''; and
       (ii) by inserting ``in the interest of air commerce or 
     national security or'' before ``to carry out the foreign 
     policy''; and
       (5) in subsection (d) (as so redesignated) by inserting 
     ``or reimbursing an air carrier'' before ``under this 
     chapter''.
       (b) Coverage.--
       (1) In general.--Section 44303 of such title is amended--
       (A) in the matter preceding paragraph (1) by inserting ``, 
     or reimburse insurance costs, as'' after ``insurance and 
     reinsurance''; and
       (B) in paragraph (1) by inserting ``in the interest of air 
     commerce or national security or'' before ``to carry out the 
     foreign policy''.
       (2) Discretion of the secretary.--For acts of terrorism 
     committed on or to an air carrier during the 180-day period 
     following the date of enactment of this Act, the Secretary of 
     Transportation may certify that the air carrier was a victim 
     of an act of terrorism and in the Secretary's judgment, based 
     on the Secretary's analysis and conclusions regarding the 
     facts and circumstances of each case, shall not be 
     responsible for losses suffered by third parties (as referred 
     to in section 205.5(b)(1) of title 14, Code of Federal 
     Regulations) that exceed $100,000,000, in the aggregate, for 
     all claims by such parties arising out of such act. If the 
     Secretary so certifies, the air carrier shall not be liable 
     for an amount that exceeds $100,000,000, in the aggregate, 
     for all claims by such parties arising out of such act, and 
     the Government shall be responsible for any liability above 
     such amount. No punitive damages may be awarded against an 
     air carrier (or the Government taking responsibility for an 
     air carrier under this paragraph) under a cause of action 
     arising out of such act.
       (c) Reinsurance.--Section 44304 of such title is amended--
       (1) by striking ``(a) General Author-
     ity.--''; and
       (2) by striking subsection (b).
       (d) Premiums.--Section 44306 of such title is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b) Allowances in Setting Premium Rates for 
     Reinsurance.--In setting premium rates for reinsurance, the 
     Secretary may make allowances to the insurance carrier for 
     expenses incurred in providing services and facilities that 
     the Secretary considers good business practices, except for 
     payments by the air carrier for the stimulation or 
     solicitation of insurance business.''.
       (e) Conforming Amendment.--Section 44305(b) of such title 
     is amended by striking ``44302(b)'' and inserting 
     ``44302(c)''.

     SEC. 202. EXTENSION OF PROVISIONS TO VENDORS, AGENTS, AND 
                   SUBCONTRACTORS OF AIR CARRIERS.

       Notwithstanding any other provision of this title, the 
     Secretary may extend any provision of chapter 443 of title 
     49, United States Code, as amended by this title, and the 
     provisions of this title, to vendors, agents, and 
     subcontractors of air carriers. For the 180-day period 
     beginning on the date of enactment of this Act, the Secretary 
     may extend or amend any such provisions so as to ensure that 
     the entities referred to in the preceding sentence are not 
     responsible in cases of acts of terrorism for losses suffered 
     by third parties that exceed the amount of such entities' 
     liability coverage, as determined by the Secretary.

                       TITLE III--TAX PROVISIONS

     SEC. 301. EXTENSION OF DUE DATE FOR EXCISE TAX DEPOSITS; 
                   TREATMENT OF LOSS COMPENSATION.

       (a) Extension of Due Date for Excise Tax Deposits.--
       (1) In general.--In the case of an eligible air carrier, 
     any airline-related deposit required under section 6302 of 
     the Internal Revenue Code of 1986 to be made after September 
     10, 2001, and before November 15, 2001, shall be treated for 
     purposes of such Code as timely made if such deposit is made 
     on or before November 15, 2001. If the Secretary of the 
     Treasury so prescribes, the preceding sentence shall be 
     applied by substituting for ``November 15, 2001'' each place 
     it appears--
       (A) ``January 15, 2002'', or
       (B) such earlier date after November 15, 2001, as such 
     Secretary may prescribe.
       (2) Eligible air carrier.--For purposes of this subsection, 
     the term ``eligible air carrier'' means any domestic 
     corporation engaged in the trade or business of transporting 
     (for hire) persons by air if such transportation is available 
     to the general public.
       (3) Airline-related deposit.--For purposes of this 
     subsection, the term ``airline-related deposit'' means any 
     deposit of--
       (A) taxes imposed by subchapter C of chapter 33 of such 
     Code (relating to transportation by air), and
       (B) taxes imposed by chapters 21, 22, and 24 with respect 
     to employees engaged in a trade or business referred to in 
     paragraph (2).
       (b) Treatment of Loss Compensation.--Nothing in any 
     provision of law shall be construed to exclude from gross 
     income under the Internal Revenue Code of 1986 any 
     compensation received under section 101(a)(2) of this Act.

                     TITLE IV--VICTIM COMPENSATION

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``September 11th Victim 
     Compensation Fund of 2001''.

     SEC. 402. DEFINITIONS.

       In this title, the following definitions apply:
       (1) Air carrier.--The term ``air carrier'' means a citizen 
     of the United States undertaking by any means, directly or 
     indirectly, to provide air transportation and includes 
     employees and agents of such citizen.
       (2) Air transportation.--The term ``air transportation'' 
     means foreign air transportation, interstate air 
     transportation, or the transportation of mail by aircraft.
       (3) Claimant.--The term ``claimant'' means an individual 
     filing a claim for compensation under section 405(a)(1).
       (4) Collateral source.--The term ``collateral source'' 
     means all collateral sources, including life insurance, 
     pension funds, death benefit programs, and payments by 
     Federal, State, or local governments related to the 
     terrorist-related aircraft crashes of September 11, 2001.
       (5) Economic loss.--The term ``economic loss'' means any 
     pecuniary loss resulting from harm (including the loss of 
     earnings or other benefits related to employment, medical 
     expense loss, replacement services loss, loss due to death, 
     burial costs, and loss of business or employment 
     opportunities) to the extent recovery for such loss is 
     allowed under applicable State law.
       (6) Eligible individual.--The term ``eligible individual'' 
     means an individual determined to be eligible for 
     compensation under section 405(c).
       (7) Noneconomic losses.--The term ``noneconomic losses'' 
     means losses for physical and emotional pain, suffering, 
     inconvenience, physical impairment, mental anguish, 
     disfigurement, loss of enjoyment of life, loss of society and 
     companionship, loss of consortium (other than loss of 
     domestic service), hedonic damages, injury to reputation, and 
     all other nonpecuniary losses of any kind or nature.
       (8) Special master.--The term ``Special Master'' means the 
     Special Master appointed under section 404(a).

     SEC. 403. PURPOSE.

       It is the purpose of this title to provide compensation to 
     any individual (or relatives

[[Page 17547]]

     of a deceased individual) who was physically injured or 
     killed as a result of the terrorist-related aircraft crashes 
     of September 11, 2001.

     SEC. 404. ADMINISTRATION.

       (a) In General.--The Attorney General, acting through a 
     Special Master appointed by the Attorney General, shall--
       (1) administer the compensation program established under 
     this title;
       (2) promulgate all procedural and substantive rules for the 
     administration of this title; and
       (3) employ and supervise hearing officers and other 
     administrative personnel to perform the duties of the Special 
     Master under this title.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to pay the 
     administrative and support costs for the Special Master in 
     carrying out this title.

     SEC. 405. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.

       (a) Filing of Claim.--
       (1) In general.--A claimant may file a claim for 
     compensation under this title with the Special Master. The 
     claim shall be on the form developed under paragraph (2) and 
     shall state the factual basis for eligibility for 
     compensation and the amount of compensation sought.
       (2) Claim form.--
       (A) In general.--The Special Master shall develop a claim 
     form that claimants shall use when submitting claims under 
     paragraph (1). The Special Master shall ensure that such form 
     can be filed electronically, if determined to be practicable.
       (B) Contents.--The form developed under subparagraph (A) 
     shall request--
       (i) information from the claimant concerning the physical 
     harm that the claimant suffered, or in the case of a claim 
     filed on behalf of a decedent information confirming the 
     decedent's death, as a result of the terrorist-related 
     aircraft crashes of September 11, 2001;
       (ii) information from the claimant concerning any possible 
     economic and noneconomic losses that the claimant suffered as 
     a result of such crashes; and
       (iii) information regarding collateral sources of 
     compensation the claimant has received or is entitled to 
     receive as a result of such crashes.
       (3) Limitation.--No claim may be filed under paragraph (1) 
     after the date that is 2 years after the date on which 
     regulations are promulgated under section 407.
       (b) Review and Determination.--
       (1) Review.--The Special Master shall review a claim 
     submitted under subsection (a) and determine--
       (A) whether the claimant is an eligible individual under 
     subsection (c);
       (B) with respect to a claimant determined to be an eligible 
     individual--
       (i) the extent of the harm to the claimant, including any 
     economic and noneconomic losses; and
       (ii) the amount of compensation to which the claimant is 
     entitled based on the harm to the claimant, the facts of the 
     claim, and the individual circumstances of the claimant.
       (2) Negligence.--With respect to a claimant, the Special 
     Master shall not consider negligence or any other theory of 
     liability.
       (3) Determination.--Not later than 120 days after that date 
     on which a claim is filed under subsection (a), the Special 
     Master shall complete a review, make a determination, and 
     provide written notice to the claimant, with respect to the 
     matters that were the subject of the claim under review. Such 
     a determination shall be final and not subject to judicial 
     review.
       (4) Rights of claimant.--A claimant in a review under 
     paragraph (1) shall have--
       (A) the right to be represented by an attorney;
       (B) the right to present evidence, including the 
     presentation of witnesses and documents; and
       (C) any other due process rights determined appropriate by 
     the Special Master.
       (5) No punitive damages.--The Special Master may not 
     include amounts for punitive damages in any compensation paid 
     under a claim under this title.
       (6) Collateral compensation.--The Special Master shall 
     reduce the amount of compensation determined under paragraph 
     (1)(B)(ii) by the amount of the collateral source 
     compensation the claimant has received or is entitled to 
     receive as a result of the terrorist-related aircraft crashes 
     of September 11, 2001.
       (c) Eligibility.--
       (1) In general.--A claimant shall be determined to be an 
     eligible individual for purposes of this subsection if the 
     Special Master determines that such claimant--
       (A) is an individual described in paragraph (2); and
       (B) meets the requirements of paragraph (3).
       (2) Individuals.--A claimant is an individual described in 
     this paragraph if the claimant is--
       (A) an individual who--
       (i) was present at the World Trade Center, (New York, New 
     York), the Pentagon (Arlington, Virginia), or the site of the 
     aircraft crash at Shanksville, Pennsylvania at the time, or 
     in the immediate aftermath, of the terrorist-related aircraft 
     crashes of September 11, 2001; and
       (ii) suffered physical harm or death as a result of such an 
     air crash;
       (B) an individual who was a member of the flight crew or a 
     passenger on American Airlines flight 11 or 77 or United 
     Airlines flight 93 or 175, except that an individual 
     identified by the Attorney General to have been a participant 
     or conspirator in the terrorist-related aircraft crashes of 
     September 11, 2001, or a representative of such individual 
     shall not be eligible to receive compensation under this 
     title; or
       (C) in the case of a decedent who is an individual 
     described in subparagraph (A) or (B), the personal 
     representative of the decedent who files a claim on behalf of 
     the decedent.
       (3) Requirements.--
       (A) Single claim.--Not more than one claim may be submitted 
     under this title by an individual or on behalf of a deceased 
     individual.
       (B) Limitation on civil action.--
       (i) In general.--Upon the submission of a claim under this 
     title, the claimant waives the right to file a civil action 
     (or to be a party to an action) in any Federal or State court 
     for damages sustained as a result of the terrorist-related 
     aircraft crashes of September 11, 2001. The preceding 
     sentence does not apply to a civil action to recover 
     collateral source obligations.
       (ii) Pending actions.--In the case of an individual who is 
     a party to a civil action described in clause (i), such 
     individual may not submit a claim under this title unless 
     such individual withdraws from such action by the date that 
     is 90 days after the date on which regulations are 
     promulgated under section 407.

     SEC. 406. PAYMENTS TO ELIGIBLE INDIVIDUALS.

       (a) In General.--Not later than 20 days after the date on 
     which a determination is made by the Special Master regarding 
     the amount of compensation due a claimant under this title, 
     the Special Master shall authorize payment to such claimant 
     of the amount determined with respect to the claimant.
       (b) Payment Authority.--This title constitutes budget 
     authority in advance of appropriations Acts and represents 
     the obligation of the Federal Government to provide for the 
     payment of amounts for compensation under this title.
       (c) Additional Funding.--
       (1) In general.--The Attorney General is authorized to 
     accept such amounts as may be contributed by individuals, 
     business concerns, or other entities to carry out this title, 
     under such terms and conditions as the Attorney General may 
     impose.
       (2) Use of separate account.--In making payments under this 
     section, amounts contained in any account containing funds 
     provided under paragraph (1) shall be used prior to using 
     appropriated amounts.

     SEC. 407. REGULATIONS.

       Not later than 90 days after the date of enactment of this 
     Act, the Attorney General, in consultation with the Special 
     Master, shall promulgate regulations to carry out this title, 
     including regulations with respect to--
       (1) forms to be used in submitting claims under this title;
       (2) the information to be included in such forms;
       (3) procedures for hearing and the presentation of 
     evidence;
       (4) procedures to assist an individual in filing and 
     pursuing claims under this title; and
       (5) other matters determined appropriate by the Attorney 
     General.

     SEC. 408. LIMITATION ON AIR CARRIER LIABILITY.

       (a) In General.--Notwithstanding any other provision of 
     law, liability for all claims, whether for compensatory or 
     punitive damages, arising from the terrorist-related aircraft 
     crashes of September 11, 2001, against any air carrier shall 
     not be in an amount greater than the limits of the liability 
     coverage maintained by the air carrier.
       (b) Federal Cause of Action.--
       (1) Availability of action.--There shall exist a Federal 
     cause of action for damages arising out of the hijacking and 
     subsequent crashes of American Airlines flights 11 and 77, 
     and United Airlines flights 93 and 175, on September 11, 
     2001. Notwithstanding section 40120(c) of title 49, United 
     States Code, this cause of action shall be the exclusive 
     remedy for damages arising out of the hijacking and 
     subsequent crashes of such flights.
       (2) Substantive law.--The substantive law for decision in 
     any such suit shall be derived from the law, including choice 
     of law principles, of the State in which the crash occurred 
     unless such law is inconsistent with or preempted by Federal 
     law.
       (3) Jurisdiction.--The United States District Court for the 
     Southern District of New York shall have original and 
     exclusive jurisdiction over all actions brought for any claim 
     (including any claim for loss of property, personal injury, 
     or death) resulting from or relating to the terrorist-related 
     aircraft crashes of September 11, 2001.
       (c) Exclusion.--Nothing in this section shall in any way 
     limit any liability of any person who is a knowing 
     participant in any conspiracy to hijack any aircraft or 
     commit any terrorist act.

[[Page 17548]]



     SEC. 409. RIGHT OF SUBROGATION.

       The United States shall have the right of subrogation with 
     respect to any claim paid by the United States under this 
     title.

                   TITLE V--AIR TRANSPORTATION SAFETY

     SEC. 501. INCREASED AIR TRANSPORTATION SAFETY.

       Congress affirms the President's decision to spend 
     $3,000,000,000 on airline safety and security in conjunction 
     with this Act in order to restore public confidence in the 
     airline industry.

     SEC. 502. CONGRESSIONAL COMMITMENT.

       Congress is committed to act expeditiously, in consultation 
     with the Secretary of Transportation, to strengthen airport 
     security and take further measures to enhance the security of 
     air travel.

                         TITLE VI--SEPARABILITY

     SEC. 601. SEPARABILITY.

       If any provision of this Act (including any amendment made 
     by this Act) or the application thereof to any person or 
     circumstance is held invalid, the remainder of this Act 
     (including any amendment made by this Act) and the 
     application thereof to other persons or circumstances shall 
     not be affected thereby.
                                 ______
                                 
      By Mr. REID (for himself and Mr. Ensign):
  S. 1451. A bill to provide for the conveyance of certain public land 
in Clark County, Nevada, for use as a shooting range; to the Committee 
on Energy and Natural Resources.
  Mr. REID. Madam President, I rise today for myself and for Senator 
Ensign to introduce the Clark County Public Shooting Range Conveyance 
Act.
  Clark County and the Las Vegas Valley have experienced tremendous 
population growth over the past decade from about 770,000 in 1990 to 
over 1.4 million people today. This growth has had a tremendous impact 
on uses of the outlying public lands, including traditional 
recreational activities such as hunting, fishing and target shooting. 
There are literally dozens, if not hundreds, of makeshift shooting 
ranges across Las Vegas Valley which pose extreme danger to nearby 
homes and increasingly busy roads.
  My bill provides the foundation for the establishment of a world-
class shooting range, sports park and firearms training facility by 
conveying 2,880 acres of public land to Clark County. This facility 
will be used by residents of, and visitors to the Las Vegas Valley for 
recreation, education, competitive and marksmanship events, and 
training related to firearms. Firearms training facilities owned and 
operated by the Metropolitan Police Department and the North Las Vegas 
Police Department are also being encroached upon by residential and 
commercial development. Special facilities will be provided at the 
Clark County facility to accommodate law enforcement training for 
firearms qualification and certification.
  This facility will provide a great public benefit by creating a safe 
centralized location for this important purpose. It will enhance public 
safety by reducing indiscriminate shooting. This facility will also 
provide economic incentives to the Las Vegas Valley in the form of jobs 
and support services.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1451

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CONVEYANCE OF PROPERTY TO CLARK COUNTY, NEVADA.

       (a) Findings.--Congress finds that--
       (1) the Las Vegas area has experienced such rapid growth in 
     the last few years that traditional locations for target 
     shooting are now too close to populated areas for safety;
       (2) there is a need to designate a centralized location in 
     the Las Vegas valley where target shooters can practice 
     safely; and
       (3) a central facility is also needed for persons training 
     in the use of firearms, such as local law enforcement and 
     security personnel.
       (b) Purposes.--The purposes of this Act are--
       (1) to provide a suitable location for the establishment of 
     a centralized shooting facility in the Las Vegas valley; and
       (2) to provide the public with--
       (A) opportunities for education and recreation; and
       (B) a location for competitive events and marksmanship 
     training.
       (c) Conveyance.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     convey to Clark County, Nevada, subject to valid existing 
     rights, for no consideration, all right, title, and interest 
     of the United States in and to the parcels of land described 
     in subsection (d).
       (d) Land Descriptions.--The parcels of land to be conveyed 
     under subsection (c) are the parcels of land described as 
     follows:
       (1) Approximately 320 acres of land in Clark County, 
     Nevada, in S\1/2\, sec. 25, T. 18 S., R. 60 E., Mount Diablo 
     Base and Meridian.
       (2) Approximately 320 acres of land in Clark County, 
     Nevada, in S\1/2\, sec. 26, T. 18 S., R. 60 E., Mount Diablo 
     Base and Meridian.
       (3) Approximately 320 acres of land in Clark County, 
     Nevada, in S\1/2\, sec. 27, T. 18 S., R. 60 E., Mount Diablo 
     Base and Meridian.
       (4) Approximately 640 acres of land in Clark County, 
     Nevada, in sec. 34, T. 18 S., R. 60 E., Mount Diablo Base and 
     Meridian.
       (5) Approximately 640 acres of land in Clark County, 
     Nevada, in sec. 35, T. 18 S., R. 60 E., Mount Diablo Base and 
     Meridian.
       (6) Approximately 640 acres of land in Clark County, 
     Nevada, in sec. 36, T. 18 S., R. 60 E., Mount Diablo Base and 
     Meridian.
       (e) Use of Land.--
       (1) In general.--The parcels of land conveyed under 
     subsection (c)--
       (A) shall be used by Clark County for the purposes 
     described in subsection (b) only; and
       (B) shall not be disposed of by the county.
       (2) Reversion.--If Clark County ceases to use any parcel 
     for the purposes described in subsection (b), title to the 
     parcel shall revert to the United States, at the option of 
     the United States.
       (f) Additional Terms and Conditions.--The Secretary of the 
     Interior may require such additional terms and conditions in 
     connection with the conveyance as the Secretary considers 
     appropriate to protect the interests of the United States.
       (g) Release of Land.--Congress--
       (1) finds that the parcels of land conveyed under 
     subsection (c), comprising a portion of the Quail Springs 
     Wilderness Study Area, NV-050-411, managed by the Bureau of 
     Land Management and reported to Congress in 1991, have been 
     adequately studied for wilderness designation under section 
     603 of the Federal Land Management Policy Act of 1976 (43 
     U.S.C. 1782); and
       (2) declares that those parcels are no longer subject to 
     the requirements contained in subsection (c) of that section 
     pertaining to the management of wilderness study areas in a 
     manner that does not impair the suitability of such areas for 
     preservation as wilderness.
                                 ______
                                 
      By Mr. KENNEDY (for himself, Mr. Brownback, Mr. Grassley, Mr. 
        Leahy, and Ms. Cantwell):
  S. 1452. A bill to provide for electronic access by the Department of 
State and Immigration and Naturalization Service to certain information 
in the criminal history records of the Federal Bureau of Investigation 
to determine whether or not a visa applicant or applicant for admission 
has a criminal record; to the Committee on the Judiciary.
  Mr. KENNEDY. Madam President, it is a privilege to join my colleagues 
Senators Brownback, Leahy, Grassley, and Cantwell in introducing 
immigration legislation that will enhance our intelligence capabilities 
and improve our border security.
  These critical functions are an important part of the massive 
challenges now facing the country in the wake of last week's terrorist 
attacks. These functions are the shared responsibility of the FBI, the 
INS, and the State Department. This legislation will provide U.S. 
consular officers and the INS, including inspectors at our ports of 
entry, with electronic access to information located within certain FBI 
databases, such as the National Crime Information Center's Interstate 
Identification Index, the Wanted Persons File, and other files 
maintained by the National Crime Information Center. Electronic access 
to this information will enable the State Department and the INS to act 
immediately to identify high-risk criminals seeking admission to the 
United States or seeking other immigration benefits.
  Clearly, we must improve the security and intelligence capabilities 
of the Nation. But we must do so without violating the basic rights and 
liberties of the American people. Our legislation includes provisions 
to protect individual privacy. It authorizes the Secretary of State to 
draft regulations which will appropriately limit the use of the FBI's 
information. These regulations will require the information to be 
safeguarded from unnecessary dissemination, so that it is used only for 
the purpose of making decisions on the

[[Page 17549]]

issuance or denial of visas or immigration benefits, and so that its 
confidentiality will be maintained to protect the privacy rights of 
those who are the subject of the information.
  These steps are needed now. We must also examine other ideas to 
improve safety at the Nation's borders and strengthen our overall 
ability as much as possible to prevent future terrorist attacks.
  I urge all of my colleagues to support this important legislation.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mr. Stevens):
  S. 1455. A bill to amend title 49, United States Code, to regulate 
the training of aliens to operate jet-propelled aircraft, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Ms. SNOWE. Madam President, I am sure I am not alone in finding that 
one of the more disturbing revelations of the investigation into the 
September 11 terrorist attack on the World Trade Center and Pentagon is 
that over half of the hijackers received flight instruction at American 
facilities. Investigators have named ten separate flying schools across 
the United States, from California to Oklahoma to Florida, where the 
hijacking suspects may have engaged in flight training in one form or 
another. In addition, it is believed that one of these suspects was 
able to gain legal entry into the United States through the assistance 
of a flight school that provided immigration documentation.
  I know that this ironic turn of events, the schools dedicated to the 
safety of the airline industry were unwittingly utilized to facilitate 
the worst airline disaster in history, has school administrators and 
instructors asking themselves, ``What if . . .'' as they look in the 
mirror every morning.
  We need to take action now to remove the doubts of the instructors as 
well as restore confidence in student pilots engaged in valid training. 
That is why I am introducing legislation to require thorough background 
checks on foreign nationals seeking advanced flight or jet aircraft 
training in American flight schools.
  At present the Federal Aviation Administration FAA, regulates course 
content at these schools and does it well, the U.S. has the best 
training program in the world and pilot certification from the FAA is 
considered the industry ``gold standard.'' That is why a large number 
of foreign students are attracted to American schools. And we want to 
continue to encourage foreign participation at our schools, it assures 
aviation safety world wide.
  However, the FAA does not regulate who can participate in pilot 
training, be it glider plane basics or 757 advanced training. More 
specifically, the requirement for foreign students is limited to 
demonstrated English proficiency and proper immigration documentation.
  Given the events of September 11, it is imperative that the screening 
process for pilot trainees be improved. As such, the legislation I am 
introducing today mandates the completion of security checks before 
foreign nationals may commence advanced jet training. Specifically, by 
requiring that the Attorney General carry out background investigations 
on individuals seeking such training, the legislation ensures a 
comprehensive review against records held by such agencies as the FBI, 
INS, and DEA will be carried out prior to starting training on any 
simulator or jet powered aircraft. Also, given the recent tragedies in 
New York, Washington DC, and Pennsylvania, all foreign nationals 
currently in training would be required to stop until a satisfactory 
background check is completed.
  I want to urge my colleagues to join me in taking this small but 
critical step to prevent a repeat of unintentionally training those who 
would terrorize our cities and skies and ask for their support in 
increasing security requirements for flight training.

                          ____________________