[Congressional Record (Bound Edition), Volume 147 (2001), Part 14]
[Senate]
[Pages 19605-19616]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 1861. Mr. BREAUX proposed an amendment to the bill S. 1447, to 
improve aviation security, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC.   . LESS-THAN-LETHAL WEAPONRY FOR FLIGHT DECK CREWS.

       (a) National Institute of Justice Study.--The National 
     Institute of Justice shall assess the range of less-than-
     lethal weaponry available for use by a flight deck crewmember 
     temporarily to incapacitate an individual who presents a 
     clear and present danger to the safety of the aircraft, its 
     passengers, or individuals on the ground and report its 
     findings and recommendations to the Secretary of 
     Transportation within 90 days after the date of enactment of 
     this Act.
       Section 44903 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(h) Authority To Arm Flight Deck Crew With Less-Than-
     Lethal Weapons.--
       ``(1) In general.--If the Secretary, after receiving the 
     recommendations of the National Institute of Justice, 
     determines, with the approval of the Attorney General and the 
     Secretary of State, that it is appropriate and necessary and 
     would effectively serve the public interest in avoiding air 
     piracy, the Secretary may authorize members of the flight 
     deck crew on any aircraft providing air transportation or 
     intrastate air transportation to carry a less-than-lethal 
     weapon while the aircraft is engaged in providing such 
     transportation.
       ``(2) Usage.--If the Secretary grants authority under 
     paragraph (1) for flight deck crew members to carry a less-
     than-lethal weapon while engaged in providing air 
     transportation or intrastate air transportation, the 
     Secretary shall--
       ``(A) prescribe rules requiring that any such crew member 
     to trained in the proper use of the weapon; and
       ``(B) prescribe guidelines setting forth the circumstances 
     under which such weapons may be used.''.
                                  ____

  SA 1862. Mr. TORRICELLI submitted an amendment intended to be 
proposed to amendment SA 1855 submitted by Mr. Daschle and intended to 
be proposed to the bill (S. 1447) to improve aviation security, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 2, line 20 of the amendment, insert ``employment 
     that involves the provision of transportation to or from an 
     airport,'' after ``an airport,''.
                                  ____

  SA 1863. Mr. MURKOWSKI (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 1447, to 
improve aviation security, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC.  . AGE AND OTHER LIMITATIONS.

       (a) General.--Notwithstanding any other provision of law, 
     beginning on the date that is 6 months after the date of 
     enactment of this Act--
       (1) section 121.383(c) of title 14, Code of Federal 
     Regulations, shall not apply;
       (2) no certificate holder may use the services of any 
     person as a pilot on an airplane engaged in operations under 
     part 121 of title 14, Code of Federal Regulations, if that 
     person is 63 years of age or older; and
       (3) no person may serve as a pilot on an airplane engaged 
     in operations under part 121 of title 14, Code of Federal 
     Regulations, if that person is 63 years of age or older.
       (b) Certificate Holder.--For purposes of this section, the 
     term ``certificate holder'' means a holder of a certificate 
     to operate as an air carrier or commercial operator issued by 
     the Federal Aviation Administration.
       (c) Reseervation of Safety Authority.--Nothing in this 
     section is intended to change the authority of the Federal 
     Aviation Administration to take steps to ensure the safety of 
     air transportation operations involving a pilot who has 
     reached the age of 60, including its authority--
       (1) to require such a pilot to under go additional or more 
     stringent medical, cognitive, or proficiency testing in order 
     to retain certification; or
       (2) to establish crew pairing standards for crews with such 
     a pilot.
                                  ____

  SA 1864. Mr. MURKOWSKI submitted an amendment intended to be proposed 
by him to the bill S. 1447, to improve aviation security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following new section:

     SEC. __. POSSESSION OF HANDGUNS AND OTHER WEAPONS BY COCKPIT 
                   CREW OF COMMERCIAL AIRCRAFT.

       (a) Authority.--
       (1) In general.--Chapter 449 of title 49, United States 
     Code, is amended by adding at the end of subchapter I the 
     following new section:

     ``Sec. 44917. Aircraft cockpit protection

       ``(a) Firearms.--A pilot, co-pilot, or navigator of a 
     commercial aircraft may carry a handgun aboard the aircraft 
     if the pilot, co-pilot, or navigator, respectively, has 
     passed the background investigation required under subsection 
     (b) and has been trained and certified under subsection (c).
       ``(b) Background Investigations.--The Secretary of 
     Transportation shall, in consultation with other appropriate 
     Federal agencies, prescribe standards for training and 
     conducting background investigations of pilots, co-pilots, 
     and navigators of aircraft to ensure they are qualified and 
     adequately prepared to use a handgun or other weapon they are 
     authorized to carry aboard a commercial aircraft.
       ``(c) Training.--
       ``(1) Initial training.--Before carrying a handgun or other 
     weapon aboard a commercial aircraft, the pilot, co-pilot, or 
     navigator of the aircraft shall complete a weapons training 
     program approved by the Secretary of Transportation and be 
     certified as having successfully completed the program.
       ``(2) Refresher training.--To ensure continued proficiency 
     in the weapons-related skills on which trained in a program 
     approved under paragraph (1), a pilot, co-pilot, or navigator 
     shall annually complete refresher training in such skills at 
     a training facility designated by the Secretary and be 
     certified as having completed the refresher training.
       ``(3) Particular weapons training.--To be approved under 
     paragraph (1), a program shall include training in the use 
     and maintenance of each particular weapon authorized to be 
     carried aboard an aircraft under this section. The 
     certification of completion of training shall include a 
     statement certifying the completion of training on each such 
     weapon.
       ``(4) Instructors and facilities.--The Secretary of 
     Transportation shall require that, to the maximum extent 
     practicable, the training under this section be provided by 
     instructors approved by the Secretary in facilities 
     throughout the United States that are

[[Page 19606]]

     designated by the Secretary for the purposes of this section.
       ``(d) Deputation of pilots.--
       ``(1) In general.--For any action taken by a pilot, co-
     pilot, or navigator of a commercial aircraft in the 
     protection of the security of the cockpit of the aircraft, 
     the pilot, co-pilot, or navigator, as the case may be, shall 
     be treated as having taken that action as a law enforcement 
     officer of the United States.
       ``(2) Applicability only to trained crew members.--
     Paragraph (1) applies only to a pilot, co-pilot, or navigator 
     of an aircraft who has been trained and certified under 
     subsection (c).
       ``(e) Consultation Requirement.--The Secretary of 
     Transportation shall consult with the heads of other 
     departments and agencies of the United States in prescribing 
     standards under subsection (b) and carrying out the 
     Secretary's responsibilities under subsection (c). The 
     Secretary shall determine which officials are appropriate for 
     consultation under this subsection.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 44915 the following new item:

``44917. Aircraft cockpit protection.''.

       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the provisions of section 44916 of title 19, United States 
     Code, as added by subsection (a).
                                  ____

  SA 1865. Mr. HOLLINGS (for Mr. Inouye) proposed an amendment to the 
bill S. 1447, to improve aviation security, and for other purposes; as 
follows:

       At the appropriate place, insert the following:

     SEC.   . MAIL AND FREIGHT WAIVERS.

       During a national emergency affecting air transportation or 
     intrastate air transportation, the Secretary of 
     Transportation, the Secretary of Transportation, after 
     consultation with the Aviation Security Coordination Council, 
     may grant a complete or partial waiver of any restrictions on 
     the carriage by aircraft of freight, mail, emergency medical 
     supplies, personnel, or patients on aircraft, imposed by the 
     Department of Transportation (or other Federal agency or 
     department) that would permit such carriage of freight, mail, 
     emergency medical supplies, personnel, or patients on 
     flights, to, from, or within States with extraordinary air 
     transportation needs or concerns if the Secretary determines 
     that the waiver is in the public interest, taking into 
     consideration the isolation of and dependence on air 
     transportation of such States. the Secretary may impose 
     reasonable limitations on any such waivers.
                                  ____

  SA 1866. Mr. HOLLINGS (for Mr. Rockefeller) proposed an amendment to 
the bill S. 1447, to improve aviation security, and for other purposes; 
as follows:

       On page 17, line 16, after the period insert ``The 
     Secretary shall ensure that the training curriculum is 
     developed in consultation with Federal law enforcement 
     agencies with expertise in terrorism, self-defense, hijacker 
     psychology, and current threat conditions.''.
                                  ____

  SA 1867. Mr. HOLLINGS (for Mr. Rockefeller) proposed an amendment to 
the bill S. 1447, to improve aviation security, and for other purposes; 
as follows:

       On page 17, line 23, insert ``AND PROPERTY'' after 
     ''PASSENGER''.
       On page 18, line 5, after ``mail,'' insert ``cargo, carry-
     on and checked baggage and other articles,''.
                                  ____

  SA 1868. Mr. HOLLINGS (for Mr. Rockefeller) proposed an amendment to 
the bill S. 1447, to improve aviation security, and for other purposes; 
as follows:

       At the appropriate place, insert the following:

     SEC.  . SAFETY AND SECURITY OF ON-BOARD SUPPLIES.

       (a) In General.-- The Secretary of Transportation shall 
     establish procedures to ensure the safety and integrity of 
     all supplies, including catering and passenger amenities, 
     placed aboard aircraft providing passenger air transportation 
     or intrastate air transportation.
       (b) Measures.--In carrying out subsection (a), the 
     Secretary may require--
       (1) security procedures for suppliers and their facilities;
       (2) the sealing of supplies to ensure easy visual detection 
     of tampering; and
       (3) the screening of personnel, vehicles, and supplies 
     entering secured areas of the airport or used in servicing 
     aircraft.
                                  ____

  SA 1869. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 1447, to improve aviation security, and 
for other purposes; which was ordered to lie on the table; as follows:

       Section 48114(b) of title 49, United States Code, as added 
     by section 20 of the bill, is amended to read as follows:
       ``(b) Amount of Fee.--Air carriers shall remit $2.50 for 
     each passenger enplanement. The Secretary may authorize air 
     carriers to collect and remit up to $5.00 for each passenger 
     enplanement to offset the costs of providing aviation 
     security services, including providing air marshals.''.
                                  ____

  SA 1870. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 1447, to improve aviation security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       ( ) Additional Matters Regarding Research and 
     Development.--
       (1) Additional program requirements.--Subsection (a) of 
     section 44912 of title 49, United States Code, is amended--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4)(A) In carrying out the program established under this 
     subsection, the Administrator shall designate an individual 
     to be responsible for engineering, research, and development 
     with respect to security technology under the program.
       ``(B) The individual designated under subparagraph (A) 
     shall use appropriate systems engineering and risk management 
     models in making decisions regarding the allocation of funds 
     for engineering, research, and development with respect to 
     security technology under the program.
       ``(C) The individual designated under subparagraph (A) 
     shall, on an annual basis, submit to the Research, 
     Engineering and Development Advisory Committee a report on 
     activities under this paragraph during the preceding year. 
     Each report shall include, for the year covered by such 
     report, information on--
       ``(i) progress made in engineering, research, and 
     development with respect to security technology;
       ``(ii) the allocation of funds for engineering, research, 
     and development with respect to security technology; and
       ``(iii) engineering, research, and development with respect 
     to any technologies drawn from other agencies, including the 
     rationale for engineering, research, and development with 
     respect to such technologies.''.
       (2) Review of threats.--Subsection (b)(1) of that section 
     is amended--
       (A) by redesignating subparagraphs (A) through (F) as 
     subparagraphs (B) through (G), respectively; and
       (B) by inserting before subparagraph (B), as so 
     redesignated, the following new subparagraph (A):
       ``(A) a comprehensive systems analysis (employing 
     vulnerability analysis, threat attribute definition, and 
     technology roadmaps) of the civil aviation system, 
     including--
       ``(i) the destruction, commandeering, or diversion of civil 
     aircraft or the use of civil aircraft as a weapon; and
       ``(ii) the disruption of civil aviation service, including 
     by cyber attack;''.
       (3) Scientific advisory panel.--Subsection (c) of that 
     section is amended to read as follows:
       ``(c) Scientific Advisory Panel.--(1) The Administrator 
     shall establish a scientific advisory panel, as a 
     subcommittee of the Research, Engineering, and Development 
     Advisory Committee, to review, comment on, advise the 
     progress of, and recommend modifications in, the program 
     established under subsection (a) of this section, including 
     the need for long-range research programs to detect and 
     prevent catastrophic damage to commercial aircraft, 
     commercial aviation facilities, commercial aviation personnel 
     and passengers, and other components of the commercial 
     aviation system by the next generation of terrorist weapons.
       ``(2)(A) The advisory panel shall consist of individuals 
     who have scientific and technical expertise in--
       ``(i) the development and testing of effective explosive 
     detection systems;
       ``(ii) aircraft structure and experimentation to decide on 
     the type and minimum weights of explosives that an effective 
     explosive detection technology must be capable of detecting;
       ``(iii) technologies involved in minimizing airframe damage 
     to aircraft from explosives; and
       ``(iv) other scientific and technical areas the 
     Administrator considers appropriate.
       ``(B) In appointing individuals to the advisory panel, the 
     Administrator should consider individuals from academia and 
     the national laboratories, as appropriate.
       ``(3) The Administrator shall organize the advisory panel 
     into teams capable of undertaking the review of policies and 
     technologies upon request.
       ``(4) Not later than 90 days after the date of the 
     enactment of the Aviation Security Act, and every two years 
     thereafter, the Administrator shall review the composition of 
     the advisory panel in order to ensure that the expertise of 
     the individuals on the panel is suited to the current and 
     anticipated duties of the panel.''.
                                  ____

  SA 1871. Mr. JEFFORDS submitted an amendment intended to be proposed 
by him to the bill S. 1447, to improve

[[Page 19607]]

aviation security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AVAILABILITY OF PASSENGER FACILITY FEES AND AIRPORT 
                   IMPROVEMENT PROGRAM FUNDS FOR SECURITY COSTS 
                   AND OTHER COSTS.

       (a) Availability.--Notwithstanding any other provision of 
     law, any public agency that controls a commercial service 
     airport may, during the one-year period beginning on the date 
     of the enactment of this Act, use amounts referred to in 
     subsection (b) as follows:
       (1) For costs in connection with security at the airport.
       (2) For the service of outstanding debt obligations of the 
     public agency with respect to the airport.
       (b) Covered Amounts.--The amounts referred to in this 
     subsection for a public agency are as follows:
       (1) Amounts collected by the public agency as passenger 
     facility fees under section 40117 of title 49, United States 
     Code.
       (2) Amounts available to the public agency from the Airport 
     and Airway Trust Fund.
                                  ____

  SA 1872. Mr. LIEBERMAN (for himself, and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill S. 1447, to 
improve aviation security, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of the bill, insert the following:

         TITLE __--DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES

  Subtitle A--Expanded Deployment and Utilization of Current Security 
                      Technologies and Procedures

     SEC. __01. EXPANDED DEPLOYMENT AND UTILIZATION OF CURRENT 
                   SECURITY TECHNOLOGIES AND PROCEDURES.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall require that employment investigations, 
     including criminal history record checks, for all individuals 
     described in section 44936(a) of title 49, United States Code 
     who are existing employees, at airports regularly serving an 
     air carrier holding a certificate issued by the Secretary of 
     Transportation, should be completed within 6 months. The 
     Administrator shall devise an alternative method for 
     background checks for a person applying for any airport 
     security position who has lived in the United States less 
     than 5 years and shall have such alternative background check 
     in place within 6 months of the date of enactment of this 
     Act.
       (b) Explosive Detection.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall deploy and oversee the usage of existing 
     bulk explosives detection technology already at airports for 
     checked baggage. Not later than 60 days after the date of 
     enactment of this Act, the Administrator shall establish 
     confidential goals for--
       (A) deploying by a specific date all existing bulk 
     explosives detection scanners purchased but not yet deployed 
     by the Federal Aviation Administration;
       (B) a specific percentage of checked baggage to be scanned 
     by bulk explosives detection machines within 6 months, and 
     annual goals thereafter with an eventual goal of scanning 100 
     percent of checked baggage; and
       (C) the number of new bulk explosives detection machines 
     that will be purchased by the Federal Aviation Administration 
     for deployment at the Federal Aviation Administration-
     identified midsized airports within 6 months.
       (2) Use of funds.--For purposes of carrying out this 
     subtitle, airport operators may use funds available under the 
     Airport Improvement Program described in chapter 471 of title 
     49, United States Code, to reconfigure airport baggage 
     handling areas to accommodate the equipment described in 
     paragraph (1), if necessary. Not later than 12 months after 
     the date of enactment of this Act, and annually thereafter, 
     the Administrator shall report, on a confidential basis, to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives, the Government Accounting 
     Office, and the Inspector General of the Department of 
     Transportation, regarding the goals and progress the 
     Administration is making in achieving those goals described 
     in paragraph (1).
       (3) Airport development.--Section 47102(3)(B) of title 49, 
     United States Code, is amended--
       (A) by striking ``and'' at the end of clause (viii);
       (B) by striking the period at the end of clause (ix) and 
     inserting ``; and''; and
       (C) by inserting after clause (ix) the following new 
     clause:
       ``(x) replacement of baggage conveyor systems, and 
     reconfiguration of terminal luggage areas, that the Secretary 
     determines are necessary to install bulk explosive detection 
     devices.''.
       (c) Bag Matching System.--The Administrator of the Federal 
     Aviation Administration shall require air carriers to improve 
     the passenger bag matching system. Not later than 60 days 
     after the date of enactment of this Act, the Administrator 
     shall establish goals for upgrading the Passenger Bag 
     Matching System, including interim measures to match a higher 
     percentage of bags until Explosives Detection Systems are 
     used to scan 100 percent of checked baggage. The 
     Administrator shall report, on a confidential basis, to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives, the Government Accounting 
     Office, and the Inspector General of the Department of 
     Transportation, regarding the goals and the progress made in 
     achieving those goals within 12 months after the date of 
     enactment of this Act.
       (d) Computer-Assisted Passenger Prescreening.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall require air carriers to expand the 
     application of the current Computer-Assisted Passenger 
     Prescreening System (CAPPS) to all passengers, regardless of 
     baggage. Passengers selected under this system shall be 
     subject to additional security measures, including checks of 
     carry-on baggage and person, before boarding.
       (2) Report.--The Administrator shall report back to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and to the Committee on Transportation and 
     Infrastructure of the House of Representatives within 3 
     months of the date of enactment of this Act on the 
     implementation of the expanded CAPPS system.

 Subtitle B--Short-Term Assessment and Deployment of Emerging Security 
                      Technologies and Procedures

     SEC. __11. SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERGING 
                   SECURITY TECHNOLOGIES AND PROCEDURES.

       Section 44903 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(i) Short-Term Assessment and Deployment of Emerging 
     Security Technologies and Procedures.
       (1) In general.--The Deputy Secretary for Transportation 
     Security shall recommend to airport operators, within 6 
     months after the date of enactment of this Act, commercially 
     available measures or procedures to prevent access to secure 
     airport areas by unauthorized persons. As part of the 6-month 
     assessment, the Deputy Secretary for Transportation Security 
     shall--
       (A) review the effectiveness of biometrics systems 
     currently in use at several United States airports, including 
     San Francisco International;
       (B) review the effectiveness of increased surveillance at 
     access points;
       (C) review the effectiveness of card- or keypad-based 
     access systems;
       (D) review the effectiveness of airport emergency exit 
     systems and determine whether those that lead to secure areas 
     of the airport should be monitored or how breaches can be 
     swiftly responded to; and
       (E) specifically target the elimination of the ``piggy-
     backing'' phenomenon, where another person follows an 
     authorized person through the access point.

     The 6-month assessment shall include a 12-month deployment 
     strategy for currently available technology at all category X 
     airports, as defined in the Federal Aviation Administration 
     approved air carrier security programs required under part 
     108 of title 14, Code of Federal Regulations. Not later than 
     18 months after the date of enactment of this Act, the 
     Secretary of Transportation shall conduct a review of 
     reductions in unauthorized access at these airports.
       (2) 90-day review.--
       (A) In general.--The Deputy Secretary for Transportation 
     Security, as part of the Aviation Security Coordination 
     Council, shall conduct a 90-day review of--
       (i) currently available or short-term deployable upgrades 
     to the Computer-Assisted Passenger Prescreening System 
     (CAPPS); and
       (ii) deployable upgrades to the coordinated distribution of 
     information regarding persons listed on the ``watch list'' 
     for any Federal law enforcement agencies who could present an 
     aviation security threat.
       (B) Deployment of upgrades.--The Deputy Secretary for 
     Transportation Security shall commence deployment of 
     recommended short-term upgrades to CAPPS and to the 
     coordinated distribution of ``watch list'' information within 
     6 months after the date of enactment of this Act. Within 18 
     months after the date of enactment of this Act, the Deputy 
     Secretary for Transportation Security shall report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and to the Committee on Transportation and 
     Infrastructure of the House of Representatives, the 
     Government Accounting Office, and the Inspector General of 
     the Department of Transportation, on progress being made in 
     deploying recommended upgrades.
       (3) Study.--The Deputy Secretary for Transportation 
     Security shall conduct a study of options for improving 
     positive identification of passengers at check-in counters

[[Page 19608]]

     and boarding areas, including the use of biometrics and 
     ``smart'' cards. Within 6 months after the date of enactment 
     of this Act, the Deputy Secretary shall report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and to the Committee on Transportation and 
     Infrastructure of the House of Representatives on the 
     feasibility and costs of implementing each identification 
     method and a schedule for requiring air carriers to deploy 
     identification methods determined to be effective.

  Subtitle C--Research and Development of Aviation Security Technology

     SEC. __21. RESEARCH AND DEVELOPMENT OF AVIATION SECURITY 
                   TECHNOLOGY.

       (a) Funding.--To augment the programs authorized in section 
     44912(a)(1) of title 49, United States Code, there is 
     authorized to be appropriated an additional $50,000,000 for 
     each of fiscal years 2002 through 2006 and such sums as are 
     necessary for each fiscal year thereafter to the Federal 
     Aviation Administration, for research, development, testing, 
     and evaluation of the following technologies which may 
     enhance aviation security in the future. Grants to industry, 
     academia, and Government entities to carry out the provisions 
     of this section shall be available for fiscal years 2002 and 
     2003 for--
       (1) the acceleration of research, development, testing, and 
     evaluation of explosives detection technology for checked 
     baggage, specifically, technology that is--
       (A) more cost-effective for deployment for explosives 
     detection in checked baggage at small- to medium-sized 
     airports, and is currently under development as part of the 
     Argus research program at the Federal Aviation 
     Administration;
       (B) faster, to facilitate screening of all checked baggage 
     at larger airports; or
       (C) more accurate, to reduce the number of false positives 
     requiring additional security measures;
       (2) acceleration of research, development, testing, and 
     evaluation of new screening technology for carry-on items to 
     provide more effective means of detecting and identifying 
     weapons, explosives, and components of weapons of mass 
     destruction, including advanced x-ray technology;
       (3) acceleration of research, development, testing, and 
     evaluation of threat screening technology for other 
     categories of items being loaded onto aircraft, including 
     cargo, catering, and duty-free items;
       (4) acceleration of research, development, testing, and 
     evaluation of threats carried on persons boarding aircraft or 
     entering secure areas, including detection of weapons, 
     explosives, and components of weapons of mass destruction;
       (5) acceleration of research, development, testing and 
     evaluation of integrated systems of airport security 
     enhancement, including quantitative methods of assessing 
     security factors at airports selected for testing such 
     systems;
       (6) expansion of the existing program of research, 
     development, testing, and evaluation of improved methods of 
     education, training, and testing of key airport security 
     personnel; and
       (7) acceleration of research, development, testing, and 
     evaluation of aircraft hardening materials, and techniques to 
     reduce the vulnerability of aircraft to terrorist attack.
       (b) Grants.--Grants awarded under this subtitle shall 
     identify potential outcomes of the research, and propose a 
     method for quantitatively assessing effective increases in 
     security upon completion of the research program. At the 
     conclusion of each grant, the grant recipient shall submit a 
     final report to the Federal Aviation Administration that 
     shall include sufficient information to permit the 
     Administrator to prepare a cost-benefit analysis of potential 
     improvements to airport security based upon deployment of the 
     proposed technology. The Administrator shall begin awarding 
     grants under this subtitle within 90 days of the date of 
     enactment of this Act.
       (c) Budget Submission.--A budget submission and detailed 
     strategy for deploying the identified security upgrades 
     recommended upon completion of the grants awarded under 
     subsection (b), shall be submitted to Congress as part of the 
     Department of Transportation's annual budget submission.
       (d) Defense Research.--There is authorized to be 
     appropriated $20,000,000 to the Federal Aviation 
     Administration to issue research grants in conjunction with 
     the Defense Advanced Research Projects Agency. Grants may be 
     awarded under this section for--
       (1) research and development of longer-term improvements to 
     airport security, including advanced weapons detection;
       (2) secure networking and sharing of threat information 
     between Federal agencies, law enforcement entities, and other 
     appropriate parties;
       (3) advances in biometrics for identification and threat 
     assessment; or
       (4) other technologies for preventing acts of terrorism in 
     aviation.
                                  ____

  SA 1873. Mr. McCAIN (for Mr. Kohl) submitted an amendment intended to 
be proposed by him to the bill S. 1447, to improve aviation security, 
and for other purposes; as follows:

       At the appropriate place, insert:

     SEC. __. ENHANCED SECURITY FOR AIRCRAFT.

       (a) Security for Larger Aircraft.--
       (1) Program required.--Not later than 90 days after the 
     date of the enactment of this Act, the Administrator of the 
     Federal Aviation Administration shall commence implementation 
     of a program to provide security screening for all aircraft 
     operations conducted with respect to any aircraft having a 
     maximum certified takeoff weight of more than 12,500 pounds 
     that is not operating as of the date of the implementation of 
     the program under security procedures prescribed by the 
     Administrator.
       (2) Waiver.--
       (A) Authority to waive.--The Administrator may waive the 
     applicability of the program under this section with respect 
     to any aircraft or class of aircraft otherwise described by 
     this section if the Administrator determines that aircraft 
     described in this section can be operated safely without the 
     applicability of the program to such aircraft or class of 
     aircraft, as the case may be.
       (B) Limitations.--A waiver under subparagraph (A) may not 
     go into effect--
       (i) unless approved by the Secretary of Transportation; and
       (ii) until 10 days after the date on which notice of the 
     waiver has been submitted to the appropriate committees of 
     Congress.
       (3) Program elements.--The program under paragraph (1) 
     shall require the following:
       (A) The search of any aircraft covered by the program 
     before takeoff.
       (B) The screening of all crew members, passengers, and 
     other persons boarding any aircraft covered by the program, 
     and their property to be brought on board such aircraft, 
     before boarding.
       (4) Procedures for searches and screening.--The 
     Administrator shall develop procedures for searches and 
     screenings under the program under paragraph (1). Such 
     procedures may not be implemented until approved by the 
     Secretary.
       (b) Security for Smaller Aircraft.--
       (1) Program required.--Not later than one year after the 
     date of the enactment of this Act, the Administrator shall 
     commence implementation of a program to provide security for 
     all aircraft operations conducted with respect to any 
     aircraft having a maximum certified takeoff weight of 12,500 
     pounds or less that is not operating as of the date of the 
     implementation of the program under security procedures 
     prescribed by the Administrator. The program shall address 
     security with respect to crew members, passengers, baggage 
     handlers, maintenance workers, and other individuals with 
     access to aircraft covered by the program, and to baggage.
       (2) Report on program.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the appropriate committees of Congress a report containing 
     a proposal for the program to be implemented under paragraph 
     (1).
       (c) Background Checks for Aliens Engaged in Certain 
     Transactions Regarding Aircraft.--
       (1) Requirement.--Notwithstanding any other provision of 
     law and subject to paragraph (2), no person or entity may 
     sell, lease, or charter any aircraft to an alien, or any 
     other individual specified by the Secretary for purposes of 
     this subsection, within the United States unless the Attorney 
     General issues a certification of the completion of a 
     background investigation of the alien, or other individual, 
     as the case may be, that meets the requirements of section 
     44939(b) of title 49, United States Code, as added by section 
     13 of this Act.
       (2) Expiration.--The prohibition in paragraph (1) shall 
     expire as follows:
       (A) In the case of an aircraft having a maximum certified 
     takeoff weight of more than 12,500 pounds, upon 
     implementation of the program required by subsection (a).
       (B) In the case of an aircraft having a maximum certified 
     takeoff weight of 12,500 pounds or less, upon implementation 
     of the program required by subsection (b).
       (3) Alien defined.--In this subsection, the term ``alien'' 
     has the meaning given that term in section 44939(f) of title 
     49, United States Code, as so added.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (2) the Committee on Commerce of the House of 
     Representatives.
                                  ____

  SA 1874. Mr. SMITH of New Hampshire (for himself, Mr. Murkowski, Mr. 
Burns, Mr. Thurmond, and Mr. Crapo) proposed an amendment to the bill 
S. 1447, to improve aviation security, and for other purposes; as 
follows:

       At the appropriate place, add the following:

     SEC.   . FLIGHT DECK SECURITY.

       (a) Title.--This Section may be cited as the `Flight Deck 
     Security Act of 2001'.
       (b) Findings.--Congress makes the following findings:
       (1) On September 11, 2001, terrorists hijacked four 
     civilian aircraft, crashing two of the aircraft into the 
     towers of the World

[[Page 19609]]

     Trade Center in New York, New York, and a third into the 
     Pentagon outside Washington, District of Columbia.
       (2) Thousands of innocent Americans and citizens of other 
     countries were killed or injured as a result of these 
     attacks, including the passengers and crew of the four 
     aircraft, workers in the World Trade Center and in the 
     Pentagon, rescue workers, and bystanders.
       (3) These attacks destroyed both towers of the World Trade 
     Center, as well as adjacent buildings, and seriously damaged 
     the Pentagon.
       (4) These attacks were by far the deadliest terrorist 
     attacks ever launched against the United States and, by 
     targeting symbols of America, clearly were intended to 
     intimidate our Nation and weaken its resolve.
       (5) Armed pilots, co-pilots, and flight engineers with 
     proper training will be the last line of defense against 
     terrorists by providing cockpit security and aircraft 
     security.
       (6) Secured doors separating the flight deck from the 
     passenger cabin have been effective in deterring hijackings 
     in other nations and will serve as a deterrent to future 
     contemplated acts of terrorism in the United States.
       (c) Aviation Safety and the Suppression of Terrorism by 
     Commercial Aircraft.--
       (1) Possession of firearms on commercial flights.--The FAA 
     is authorized to permit a pilot, co-pilot, or flight engineer 
     of a commercial aircraft who has successfully completed the 
     requirements of section (c)(2) of this Act, or who is not 
     otherwise prohibited by law from possessing a firearm, from 
     possessing or carrying a firearm approved by the FAA for the 
     protection of the aircraft under procedures or regulations as 
     necessary, to ensure the safety and integrity of flight.
       (2) Federal pilot officers.--
       (A) In addition to the protections provided by the section 
     (c)(1) of this Act, the FAA shall also establish a voluntary 
     program to train and supervise commercial airline pilots.
       (B) Under the program, the FAA shall make available 
     appropriate training and supervision for all such pilots, 
     which may include training by private entities.
       (C) The power granted to such persons shall be limited to 
     enforcing Federal law in the cockpit of commercial aircraft 
     and, under reasonable circumstances the passenger compartment 
     to protect the integrity of the commercial aircraft and the 
     lives of the passengers.
       (D) The FAA shall make available appropriate training to 
     any qualified pilot who requests such training pursuant to 
     this Act.
       (E) The FAA may prescribe regulations for purposes of this 
     section.
       (d) Reports to Congress.--Not later than six months after 
     the date of the enactment of this Act, and every six months 
     thereafter, the Secretary of Transportation shall submit to 
     Congress a report on the effectiveness of the requirements in 
     this section in facilitating commercial aviation safety and 
     the suppression of terrorism by commercial aircraft.''.
                                  ____

  SA 1875. Mr. BURNS (for himself, Mr. McConnell, Mr. DeWine, and Mrs. 
Boxer) proposed an amendment to the bill S. 1447, to improve aviation 
security, and for other purposes, as follows:

       On Page 4, strike lines 10, 11, and 12.
       On Page 4, line 13, strike ``(B)'' and insert ``(A)''.
       On Page 4, line 18, strike ``(C)'' and insert ``(B)''.
       On Page 4, line 22, insert ``and'' after the semicolon.
       On Page 4, beginning with line 23, strike through line 5 on 
     page 5.
       On Page 5, line 6, strike ``(E)'' and insert ``(C)''.
       On Page 5, between lines 13 and 14, insert the following:
       (b) Attorney General Responsibilities.--The Attorney 
     General of the United States--
       (1) is responsible for day-to-day Federal security 
     screening operations for passenger air transportation or 
     intrastate air transportation under sections 44901 and 44935 
     of title 49, United States Code;
       (2) shall work in conjunction with the Administrator of the 
     Federal Aviation Administration with respect to any actions 
     or activities that may affect aviation safety or air carrier 
     operations;
       (3) is responsible for hiring and training personnel to 
     provide security screening at all United States airports 
     involved in passenger air transportation or intrastate air 
     transportation, in conjunction with the Secretary of 
     Transportation, Secretary of Defense, and the heads of other 
     appropriate Federal agencies and departments; and
       (4) shall actively cooperate and coordinate with the 
     Secretary of Transportation, the Secretary of Defense, and 
     the heads of other appropriate Federal agencies and 
     departments with responsibilities for national security and 
     criminal justice enforcement activities that are related to 
     aviation security through the Aviation Security Coordination 
     Council. On page 5, line 14, strike ``(b)'' and insert 
     ``(c)''.
       On page 6, line 4, strike ``(c)'' and insert ``(d)''.
       On page 10, between lines 6 and 7, insert the following:
       (a) Air Marshals Under Attorney General Guidelines.--The 
     Attorney General shall prescribe guidelines for the training 
     and deployment of individuals authorized, with the approval 
     of the Attorney General, to carry firearms and make arrests 
     under section 44903(d) of title 49, United States Code. The 
     Secretary of Transportation shall administer the air marshal 
     program under that section in accordance with the guidelines 
     prescribed by the Attorney General.
       On page 10, line 7, strike ``(a)In General.--'' and insert 
     ``(b) Deployment.--''.
       On page 10, line 23, strike ``(b) Deployment.--'' and 
     insert ``(c)Training, Supervision, and Flight Assignment.--
     ''.
       On page 11, line 14, strike ``(c)'' and insert ``(d)''.
       On page 11, line 20, strike ``(d)'' and insert ``(e)''.
       On page 12, line 3, strike ``(e)'' and insert ``(f)''.
       On page 12, line 4, before ``Secretary'' insert ``Attorney 
     General and the)''.
       On page 12, line 22, before ``Secretary'' insert ``Attorney 
     General and the''.
       On page 12, line 24, strike ``the Secretary'' and insert 
     ``they''.
       On page 13, line 3, strike ``(f)'' and inset ``(g)''.
       On page 18, beginning in line 2, strike ``Secretary of 
     Transportation, in consultation with the Attorney General,'' 
     and insert ``Attorney General, in consultation with the 
     secretary of Transportation,''.
       On page 18, line 11, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 18, beginning in line 17, strike ``Secretary of 
     Transportation, in consultation with the Attorney General'' 
     and insert ``Attorney General''.
       On page 18, line 25, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 19, line 4, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 19, line 7, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 19, beginning in line 12, strike ``Secretary of 
     Transportation, with the approval of the Attorney General,'' 
     and insert ``Attorney General''.
       On page 20, line 9, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 20, beginning in line 12, strike ``Secretary, in 
     consultation with the Attorney General,'' and insert 
     ``Attorney General, in consultation with the Secretary of 
     Transportation,''.
       On page 20, beginning in line 14, strike ``Secretary'' and 
     insert ``Attorney General''.
       On page 21, beginning in line 3, strike ``Secretary and''.
       On page 21, line 12, strike ``Administrator'' and insert 
     ``Attorney General''.
       On page 21, line 19, strike ``Administrator'' and insert 
     ``Attorney General''.
       On page 21, line 23, strike ``Administrator'' and insert 
     ``Attorney General or the Secretary of Transportation''.
       On page 22, line 4, strike ``Administrator'' and insert 
     ``Attorney General''.
       On page 22, beginning in line 7, strike ``Secretary of 
     Transportation'' and insert ``Attorney General''.
       On page 22, line 9, strike ``the Attorney General or''.
       On page 22, strike lines 13 through 22.
       On page 22, line 23, strike ``(c) Transition.--the 
     Secretary of transportation'' and insert ``(b) Transition.--
     the Attorney General''.
       On page 23, line 3, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 23, line 6, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 23, beginning in line 18, strike ``Secretary of 
     Transportation, in consultation with the Attorney General,'' 
     and insert ``Attorney General, in consultation with the 
     Secretary of Transportation,''.
       On page 23, line 23, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 24, line 20, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 24,, beginning in line 21, strike ``Secretary'' and 
     insert ``Attorney General''.
       On page 25, line 3, Strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 25, line 11, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 25, beginning in line 14, strike ``Secretary'' and 
     insert ``Attorney General''.
       On page 26, line 3, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 26, line 15 strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 29, beginning in line 1, strike ``Secretary'' and 
     insert ``Attorney General''.
       On page 29, line 20, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 29, beginning in line 23, strike ``Secretary of 
     Transportation'' and insert ``Attorney General''.
       On page 29, beginning in line 25, strike ``the Attorney 
     General, or''.
       On page 30, line 6, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 30, line 14, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 30, beginning in line 21, strike ``Secretary'' and 
     insert ``Attorney General''.
       On page 31, beginning in line 5, strike ``Secretary of 
     Transportation'' and insert ``Attorney General''.
       On page 31, line 9, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 31, line 22, strike ``Secretary'' and insert 
     ``Attorney General''.

[[Page 19610]]

       On page 32, line 1, strike ``Secretary of Transportation'' 
     and insert ``Attorney General''.
       On page 32, beginning in line 4, strike ``Secretary of 
     Transportation'' and insert ``Attorney General''.
       On page 32, line 7, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 32, line 11, strike ``Secretary of Transportation'' 
     and insert ``Attorney General''.
       On page 33, line 3, strike ``Secretary of Transportation'' 
     and insert ``Attorney General''.
       On page 33, beginning in line 5, strike ``Secretary'' and 
     insert ``Attorney General''.
       On page 33, line 9, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 33, line 13, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 33, line 16, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 33, line 19, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 33, line 22, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 34, line 15, strike ``Transportation'' and insert 
     ``Justice''.
       On page 34, line 17, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 34, line 21, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 33, line 22, strike ``Secretary'' and insert 
     ``Attorney General''.
       On page 35, line 4, insert ``(a) In General.--'' before 
     ``Section''.
       On page 35, between lines 19 and 20, insert the following:
       (b) Coordination With Attorney General.--Section 44912(b) 
     of title 49, United States Code, is amended by adding at the 
     end the following:
       ``(3) Beginning on the date of enactment of the Aviation 
     Security Act, the Administrator shall conduct all research 
     related to screening technology and procedures in conjunction 
     with the Attorney General.''.
                                  ____

  SA 1876. Mr. McCAIN (for Mr. Domenici) proposed an amendment to the 
bill S. 1447, to improve aviation security, and for other purposes; as 
follows:

       At the appropriate place, insert the following:
       ( ) Additional Matters Regarding Research and 
     Development.--
       (1) Additional program requirements.--Subsection (a) of 
     section 44912 of title 49, United States Code, is amended--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4)(A) In carrying out the program established under this 
     subsection, the Administrator shall designate an individual 
     to be responsible for engineering, research, and development 
     with respect to security technology under the program.
       ``(B) The individual designated under subparagraph (A) 
     shall use appropriate systems engineering and risk management 
     models in making decisions regarding the allocation of funds 
     for engineering, research, and development with respect to 
     security technology under the program.
       ``(C) The individual designated under subparagraph (A) 
     shall, on an annual basis, submit to the Research, 
     Engineering and Development Advisory Committee a report on 
     activities under this paragraph during the preceding year. 
     Each report shall include, for the year covered by such 
     report, information on--
       ``(i) progress made in engineering, research, and 
     development with respect to security technology;
       ``(ii) the allocation of funds for engineering, research, 
     and development with respect to security technology; and
       ``(iii) engineering, research, and development with respect 
     to any technologies drawn from other agencies, including the 
     rationale for engineering, research, and development with 
     respect to such technologies.''.
       (2) Review of threats.--Subsection (b)(1) of that section 
     is amended--
       (A) by redesignating subparagraphs (A) through (F) as 
     subparagraphs (B) through (G), respectively; and
       (B) by inserting before subparagraph (B), as so 
     redesignated, the following new subparagraph (A):
       ``(A) a comprehensive systems analysis (employing 
     vulnerability analysis, threat attribute definition, and 
     technology roadmaps) of the civil aviation system, 
     including--
       ``(i) the destruction, commandeering, or diversion of civil 
     aircraft or the use of civil aircraft as a weapon; and
       ``(ii) the disruption of civil aviation service, including 
     by cyber attack;''.
       (3) Scientific advisory panel.--Subsection (c) of that 
     section is amended to read as follows:
       ``(c) Scientific Advisory Panel.--(1) The Administrator 
     shall establish a scientific advisory panel, as a 
     subcommittee of the Research, Engineering, and Development 
     Advisory Committee, to review, comment on, advise the 
     progress of, and recommend modifications in, the program 
     established under subsection (a) of this section, including 
     the need for long-range research programs to detect and 
     prevent catastrophic damage to commercial aircraft, 
     commercial aviation facilities, commercial aviation personnel 
     and passengers, and other components of the commercial 
     aviation system by the next generation of terrorist weapons.
       ``(2)(A) The advisory panel shall consist of individuals 
     who have scientific and technical expertise in--
       ``(i) the development and testing of effective explosive 
     detection systems;
       ``(ii) aircraft structure and experimentation to decide on 
     the type and minimum weights of explosives that an effective 
     explosive detection technology must be capable of detecting;
       ``(iii) technologies involved in minimizing airframe damage 
     to aircraft from explosives; and
       ``(iv) other scientific and technical areas the 
     Administrator considers appropriate.
       ``(B) In appointing individuals to the advisory panel, the 
     Administrator should consider individuals from academia and 
     the national laboratories, as appropriate.
       ``(3) The Administrator shall organize the advisory panel 
     into teams capable of undertaking the review of policies and 
     technologies upon request.
       ``(4) Not later than 90 days after the date of the 
     enactment of the Aviation Security Act, and every two years 
     thereafter, the Administrator shall review the composition of 
     the advisory panel in order to ensure that the expertise of 
     the individuals on the panel is suited to the current and 
     anticipated duties of the panel.''.
                                  ____

  SA 1877. Mr. McCAIN (for Mr. Cleland) proposed an amendment to the 
bill S. 1447, to improve aviation security, and for other purposes; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. AMENDMENTS TO AIRMEN REGISTRY AUTHORITY.

       Section 44703(g) of title 49, United States Code, is 
     amended--
       (1) in the first sentence of paragraph (1)--
       (A) by striking ``pilots'' and inserting ``airmen''; and
       (B) by striking the period and inserting ``and related to 
     combating acts of terrorism.''; and
       (2) by adding at the end, the following new paragraphs:
       ``(3) For purposes of this section, the term `acts of 
     terrorism' means an activity that involves a violent act or 
     an act dangerous to human life that is a violation of the 
     criminal laws of the United States or of any State, or that 
     would be a criminal violation if committed within the 
     jurisdiction of the United States or of any State, and 
     appears to be intended to intimidate or coerce a civilian 
     population to influence the policy of a government by 
     intimidation or coercion or to affect the conduct of a 
     government by assassination or kidnaping.
       ``(4) The Administrator is authorized and directed to work 
     with State and local authorities, and other Federal agencies, 
     to assist in the identification of individuals applying for 
     or holding airmen certificates.''.
                                  ____

  SA 1878. Mr. McCAIN (for Mr. Thompson) proposed an amendment to the 
bill S. 1447, to improve aviation security, and for other purposes; as 
follows:

       Insert at the appropriate place the following:

     SEC.  . RESULTS-BASED MANAGEMENT.

       (a) In General.--Subchapter II of chapter 449 of title 49, 
     United States Code, is amended by adding at the end of the 
     following:

     Sec.    Performance Goals and Objectives

       (a) Short Term Transition.--
       (1) In general.--Within 60 days of enactment, the Deputy 
     Secretary for Transportation Security shall, in consultation 
     with Congress--
       (A) establish acceptable levels of performance for aviation 
     security, including screening operations and access control, 
     and
       (B) provide Congress with an action plan, containing 
     measurable goals and milestones, that outlines how those 
     levels of performance will be achieved.
       (2) Basics of action plan.--The action plan shall clarify 
     the responsibilities of the Department of Transportation, the 
     Federal Aviation Administration and any other agency or 
     organization that may have a role in ensuring the safety and 
     security of the civil air transportation system.
       ``(b) Long-Term Results-Based Management.--
       (1) Performance plan and report.--
       (A) Performance Plan.--
       (i) Each year, consistent with the requirements of the 
     Government Performance and Results Act of 1993 (GPRA), the 
     Secretary and the Deputy Secretary for Transportation 
     Security shall agree on a performance plan for the succeeding 
     5 years that establishes measurable goals and objectives for 
     aviation security. The plan shall identify action steps 
     necessary to achieve such goals.
       (ii) In addition to meeting the requirements of GPRA, the 
     performance plan shall clarify the responsibilities of the 
     Secretary, the Deputy Secretary for Transportation Security 
     and any other agency or organization that may have a role in 
     ensuring the safety and security of the civil air 
     transportation system.
       (iii) The performance plan shall be available to the 
     public. The Deputy Secretary for

[[Page 19611]]

     Transportation Security may prepare a non-public appendix 
     covering performance goals and indicators that, if revealed 
     to the public, would likely impede achievement of those goals 
     and indicators.
       (B) Performance report.--
       (i) Each year, consistent with the requirements of GPRA, 
     the Deputy Secretary for Transportation Security shall 
     prepare and submit to Congress an annual report including an 
     evaluation of the extent goals and objectives were met. The 
     report shall include the results achieved during the year 
     relative to the goals established in the performance plan.
       (ii) The performance report shall be available to the 
     public. The Deputy Secretary for Transportation Security may 
     prepare a nonpublic appendix covering performance goals and 
     indicators that, if revealed to the public, would likely 
     impede achievement of those goals and indicators.

     Sec.    Performance Management System

       (a) Establishing a Fair and Equitable System for Measuring 
     Staff Performance.--The Deputy Secretary for Transportation 
     Security shall establish a performance management system 
     which strengthens the organization's effectiveness by 
     providing for the establishment of goals and objectives for 
     managers, employees, and organizational performance 
     consistent with the performance plan.
       (b) Establishing Management Accountability for Meeting 
     Performance Goals.--
       (i) Each year, the Secretary and Deputy Secretary for 
     Transportation Security shall enter into an annual 
     performance agreement that shall set forth organizational and 
     individual performance goals for the Deputy Secretary.
       (ii) Each year, the Deputy Secretary for Transportation 
     Security and each senior manager who reports to the Deputy 
     Secretary for Transportation Security shall enter into an 
     annual performance agreement that sets forth organization and 
     individual goals for those managers. All other employees 
     hired under the authority of the Deputy Secretary for 
     Transportation Security shall enter into an annual 
     performance agreement that sets forth organization and 
     individual goals for those employees.
       (c) Compensation for the Deputy Secretary for 
     Transportation Security.--
       (i) In general.--The Deputy Secretary for Transportation 
     Security is authorized to be paid at an annual rate of pay 
     payable to level II of the Executive Schedule.
       (ii) Bonuses or other incentives.--In addition, the Deputy 
     Secretary for Transportation Security may receive bonuses or 
     other incentives, based upon the Secretary's evaluation of 
     the Deputy Secretary's performance in relation to the goals 
     set forth in the agreement. Total compensation cannot exceed 
     the Secretary's salary.
       (d) Compensation for Managers and Other Employees.--
       (i) In general.--A senior manager reporting directly to the 
     Deputy Secretary for Transportation Security may be paid at 
     an annual rate of basic pay of not more than the maximum rate 
     of basic pay for the Senior Executive Service under section 
     5382 of title 5, United States Code.
       (ii) Bonuses or other incentives.--In addition, senior 
     managers can receive bonuses or other incentives based on the 
     Deputy Secretary for Transportation Security's evaluation of 
     their performance in relation to goals in agreements. Total 
     compensation cannot exceed 125 percent of the maximum rate of 
     base pay for the Senior Executive Service. Further, the 
     Deputy Secretary for Transportation Security shall establish, 
     within the performance management system, a program allowing 
     for the payment of bonuses or other incentives to other 
     managers and employees. Such a program shall provide for 
     bonuses or other incentives based on their performance.
       (e) Performance-Based Service Contracting.--To the extent 
     contracts, if any, are used to implement this act, the Deputy 
     Secretary for Transportation Security shall, to the extent 
     practical, maximize the use of performance-based service 
     contracts. These contracts should be consistent with 
     guidelines published by the Office of Federal Procurement 
     Policy.
                                  ____

  SA 1879. Mr. McCAIN (for Mr. Lieberman (for himself and Mr. Durbin)) 
proposed an amendment to the bill S. 1447, to improve aviation 
security, and for other purposes; as follows:

       At the end of the bill, insert the following:

         TITLE   --DEPLOYMENT AND USE OF SECURITY TECHNOLOGIES

  Subtitle A--Expanded Deployment and Utilization of Current Security 
                      Technologies and Procedures

     SEC.  01. EXPANDED DEPLOYMENT AND UTILIZATION OF CURRENT 
                   SECURITY TECHNOLOGIES AND PROCEDURES.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall require that employment investigations, 
     including criminal history record checks, for all individuals 
     described in Section 44936(a) of title 49, United States Code 
     who are existing employees, at airports regularly serving an 
     air carrier holding a certificate issued by the Secretary of 
     Transportation, should be completed within 9 months unless 
     such individuals have had such investigation and check within 
     5 years of date of enactment of this Act. The Administrator 
     shall devise an alternative method for background checks for 
     a person applying for any airport security position who has 
     lived in the United States less than 5 years and shall have 
     such alternative background check in place as soon as 
     possible. The Administrator shall work with the International 
     Civil Aviation Organization and with appropriate authorities 
     of foreign governments in devising such alternative method.
       (b) Explosive Detection.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall deploy and oversee the usage of existing 
     bulk explosives detection technology already at airports for 
     checked baggage. Not later than 60 days after the date of 
     enactment of this Act, the Administrator shall establish 
     confidential goals for--
       (A) deploying by a specific date all existing bulk 
     explosives detection scanners purchased but not yet deployed 
     by the Federal Aviation Administration;
       (B) a specific percentage of checked baggage to be scanned 
     by bulk explosives detection machines within 6 months, and 
     annual goals thereafter with an eventual goal of scanning 100 
     percent of checked baggage; and
       (C) the number of new bulk explosives detection machines 
     that will be purchased by the Federal Aviation Administration 
     for deployment at the Federal Aviation Administration-
     identified midsized airports within 6 months.
       (2) Use of funds.--For purposes of carrying out this 
     subtitle, airport operators may use funds available under the 
     Airport Improvement Program described in chapter 471 of title 
     49, United States Code, to reconfigure airport baggage 
     handling areas to accommodate the equipment described in 
     paragraph (1), if necessary. Not later than 12 months after 
     the date of enactment of this Act, and annually thereafter, 
     the Administrator shall report, on a confidential basis, to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives, the Government Accounting 
     Office, and the Inspector General of the Department of 
     Transportation, regarding the goals and progress the 
     Administration is making in achieving those goals described 
     in paragraph (1).
       (3) Airport development.--Section 47102(3)(B) of title 49, 
     United States Code, is amended--
       (A) by striking ``and'' at the end of clause (viii);
       (B) by striking the period at the end of clause (ix) and 
     inserting ``; and''; and
       (C) by inserting after clause (ix) the following new 
     clause:
       ``(x) replacement of baggage conveyor systems, and 
     reconfiguration of terminal luggage areas, that the Secretary 
     determines are necessary to install bulk explosive detection 
     devices.''.
       (c) Bag Matching System.--The Administrator of the Federal 
     Aviation Administration shall require air carriers to improve 
     the passenger bag matching system. Not later than 60 days 
     after the date of enactment of this Act, the Administrator 
     shall establish goals for upgrading the Passenger Bag 
     Matching System, including interim measures to match a higher 
     percentage of bags until Explosives Detection Systems are 
     used to scan 100 percent of checked baggage. The 
     Administrator shall report, on a confidential basis, to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives, the Government Accounting 
     Office, and the Inspector General of the Department of 
     Transportation, regarding the goals and the progress made in 
     achieving those goals within 12 months after the date of 
     enactment of this Act.
       (d) Computer-Assisted Passenger Prescreening.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall require air carriers to expand the 
     application of the current Computer-Assisted Passenger 
     Prescreening System (CAPPS) to all passengers, regardless of 
     baggage. Passengers selected under this system shall be 
     subject to additional security measures, including checks of 
     carry-on baggage and person, before boarding.
       (2) Report.--The Administrator shall report back to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and to the Committee on Transportation and 
     Infrastructure of the House of Representatives within 3 
     months of the date of enactment of this Act on the 
     implementation of the expanded CAPPS system.

 Subtitle B--Short-Term Assessment and Deployment of Emerging Security 
                      Technologies and Procedures

     SEC. __11. SHORT-TERM ASSESSMENT AND DEPLOYMENT OF EMERGING 
                   SECURITY TECHNOLOGIES AND PROCEDURES.

       Section 44903 of title 49, United States Code, is amended 
     by adding at the end the following:
       (i) Short-Term asssessment and Deployment of Emerging 
     Security. Technologies and Procedures.

[[Page 19612]]

       (1) In General.--The Deputy Secretary for Transportation 
     Security shall recommend to airport operators, within 6 
     months after the date of enactment of this Act, commercially 
     available measures or procedures to prevent access to secure 
     airport areas by unauthorized persons. As part of the 6-month 
     assessment, the Deputy Secretary for Transportation Security 
     shall--
       (A) review the effectiveness of biometrics systems 
     currently in use at several United States airports, including 
     San Francisco International;
       (B) review the effectiveness of increased surveillance at 
     access points;
       (C) review the effectiveness of card- or keypad-based 
     access systems;
       (D) review the effectiveness of airport emergency exit 
     systems and determine whether those that lead to secure areas 
     of the airport should be monitored or how breaches can be 
     swiftly responded to; and
       (E) specifically target the elimination of the ``piggy-
     backing'' phenomenon, where another person follows an 
     authorized person through the access point.

     The 6-month assessment shall include a 12-month deployment 
     strategy for currently available technology at all category X 
     airports, as defined in the Federal Aviation Administration 
     approved air carrier security programs required under part 
     108 of title 14, Code of Federal Regulations. Not later than 
     18 months after the date of enactment of this Act, the 
     Secretary of Transportation shall conduct a review of 
     reductions in unauthorized access at these airports.
       (2) 90-Day Review.--
       (A) In general.--The Deputy Secretary for Transportation 
     Security, as part of the Aviation Security Coordination 
     Council, shall conduct a 90-day review of--
       (i) currently available or short-term deployable upgrades 
     to the Computer-Assisted Passenger Prescreening System 
     (CAPPS); and
       (ii) deployable upgrades to the coordinated distribution of 
     information regarding persons listed on the ``watch list'' 
     for any Federal law enforcement agencies who could present an 
     aviation security threat.
       (B) Deployment of upgrades.--The Deputy Secretary for 
     Transportation Security shall commence deployment of 
     recommended short-term upgrades to CAPPS and to the 
     coordinated distribution of ``watch list'' information within 
     6 months after the date of enactment of this Act. Within 18 
     months after the date of enactment of this Act, the Deputy 
     Secretary for Transportation Security shall report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and to the Committee on Transportation and 
     Infrastructure of the House of Representatives, the 
     Government Accounting Office, and the Inspector General of 
     the Department of Transportation, on progress being made in 
     deploying recommended upgrades.
       (3) Study.--The Deputy Secretary for Transportation 
     Security shall conduct a study of options for improving 
     positive identification of passengers at check-in counters 
     and boarding areas, including the use of biometrics and 
     ``smart'' cards. Within 6 months after the date of enactment 
     of this Act, the Deputy Secretary shall report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and to the Committee on Transportation and 
     Infrastructure of the House of Representatives on the 
     feasibility and costs of implementing each identification 
     method and a schedule for requiring air carriers to deploy 
     identification methods determined to be effective.''

  Subtitle C--Research and Development of Aviation Security Technology

     SEC. __21. RESEARCH AND DEVELOPMENT OF AVIATION SECURITY 
                   TECHNOLOGY.

       (a) Funding.--To augment the programs authorized in section 
     44912(a)(1) of title 49, United States Code, there is 
     authorized to be appropriated an additional $50,000,000 for 
     each of fiscal years 2002 through 2006 and such sums as are 
     necessary for each fiscal year thereafter to the Federal 
     Aviation Administration, for research, development, testing, 
     and evaluation of the following technologies which may 
     enhance aviation security in the future. Grants to industry, 
     academia, and Government entities to carry out the provisions 
     of this section shall be available for fiscal years 2002 and 
     2003 for--
       (1) the acceleration of research, development, testing, and 
     evaluation of explosives detection technology for checked 
     baggage, specifically, technology that is--
       (A) more cost-effective for deployment for explosives 
     detection in checked baggage at small- to medium-sized 
     airports, and is currently under development as part of the 
     Argus research program at the Federal Aviation 
     Administration;
       (B) faster, to facilitate screening of all checked baggage 
     at larger airports; or
       (C) more accurate, to reduce the number of false positives 
     requiring additional security measures;
       (2) acceleration of research, development, testing, and 
     evaluation of new screening technology for carry-on items to 
     provide more effective means of detecting and identifying 
     weapons, explosives, and components of weapons of mass 
     destruction, including advanced x-ray technology;
       (3) acceleration of research, development, testing, and 
     evaluation of threat screening technology for other 
     categories of items being loaded onto aircraft, including 
     cargo, catering, and duty-free items;
       (4) acceleration of research, development, testing, and 
     evaluation of threats carried on persons boarding aircraft or 
     entering secure areas, including detection of weapons, 
     explosives, and components of weapons of mass destruction;
       (5) acceleration of research, development, testing and 
     evaluation of integrated systems of airport security 
     enhancement, including quantitative methods of assessing 
     security factors at airports selected for testing such 
     systems;
       (6) expansion of the existing program of research, 
     development, testing, and evaluation of improved methods of 
     education, training, and testing of key airport security 
     personnel; and
       (7) acceleration of research, development, testing, and 
     evaluation of aircraft hardening materials, and techniques to 
     reduce the vulnerability of aircraft to terrorist attack.
       (b) Grants.--Grants awarded under this subtitle shall 
     identify potential outcomes of the research, and propose a 
     method for quantitatively assessing effective increases in 
     security upon completion of the research program. At the 
     conclusion of each grant, the grant recipient shall submit a 
     final report to the Federal Aviation Administration that 
     shall include sufficient information to permit the 
     Administrator to prepare a cost-benefit analysis of potential 
     improvements to airport security based upon deployment of the 
     proposed technology. The Administrator shall begin awarding 
     grants under this subtitle within 90 days of the date of 
     enactment of this Act.
       (c) Budget Submission.--A budget submission and detailed 
     strategy for deploying the identified security upgrades 
     recommended upon completion of the grants awarded under 
     subsection (b), shall be submitted to Congress as part of the 
     Department of Transportation's annual budget submission.
       (d) Defense Research.--There is authorized to be 
     appropriated $20,000,000 to the Federal Aviation 
     Administration to issue research grants in conjunction with 
     the Defense Advanced Research Projects Agency. Grants may be 
     awarded under this section for--
       (1) research and development of longer-term improvements to 
     airport security, including advanced weapons detection;
       (2) secure networking and sharing of threat information 
     between Federal agencies, law enforcement entities, and other 
     appropriate parties;
       (3) advances in biometrics for identification and threat 
     assessment; or
       (4) other technologies for preventing acts of terrorism in 
     aviation.
                                  ____

  SA 1880. Mr. HOLLINGS (for Mrs. Murray (for herself, Mr. Byrd, and 
Mr. Shelby)) proposed an amendment to the bill S. 1447, to improve 
aviation security, and for other purposes; as follows:

       On page 43, line 19, add the words ``annual appropriations 
     for'' after the words ``offset'';
       On page 43, line 20, strike the sentence beginning with the 
     word ``The'' and ending with the word ``expended.'' on line 
     23;
       On page 43, at the end of line 25, insert the following new 
     subsection:
       (c) Use of Fees.--A fee collected under this section shall 
     be used solely for the costs associated with providing 
     aviation security services and may be used only to the extent 
     provided in advance in an appropriation law.
                                  ____

  SA 1881. Mr. McCAIN proposed an amendment to the bill S. 1447, to 
improve aviation security, and for other purposes; as follows:

       On page 32, beginning with line 9, strike through line 2 on 
     page 35 and insert the following:
       (d) Screener Personnel.--Notwithstanding any other 
     provision of law, the Secretary of Transportation may employ, 
     appoint, discipline, terminate, and fix the compensation, 
     terms, and conditions of employment of such a number of 
     individuals as the Secretary determines to be necessary to 
     carry out the passenger security screening functions of the 
     Secretary under section 44901 of title 49, United States 
     Code.
       (e) Strikes Prohibited.--An individual employed as a 
     security screener under section 44901 of title 49, United 
     States Code, is prohibited from participating in a strike or 
     asserting the right to strike pursuant to section 7311(3) or 
     7116(b)(7) of title 5, United States Code.
                                  ____

  SA 1882. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 1447, to improve aviation security, and for other 
purposes; which was ordered to lie on the table; as follows:

       In section 21, strike the heading and insert the following:

     SEC. 19. REIMBURSEMENT OF STATES FOR THE COSTS OF STATE USE 
                   OF THE NATIONAL GUARD TO PROVIDE AIRPORT 
                   SECURITY SERVICES.

       (a) Authority.--The Secretary of the Army or the Secretary 
     of the Air Force shall

[[Page 19613]]

     reimburse a State for the cost incurred by the State in the 
     use of the Army National Guard or Air National Guard, 
     respectively, of the State, not in Federal service, in 
     support of activities to protect persons or property at any 
     airport in the State from an act of terrorism or a threat of 
     attack by a hostile force during the period of the national 
     emergency declared by the President on September 14, 2001.
       (b) Covered Activities.--This section applies with respect 
     to activities at an airport referred to in subsection (a) as 
     follows:
       (1) Security patrol of the perimeter of airport property.
       (2) Protection of the security of airport aprons.
       (3) Screening and clearing of delivery vehicles.
       (4) Screening and clearing of passengers and property for 
     transportation on aircraft.
       (5) Monitoring and reinforcing security personnel provided 
     by air carriers at the airport security checkpoints.
       (6) Any other activities described in subsection (a).

     SEC. 20. DEFINITIONS.
                                  ____


  SA 1883. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 1447, to improve aviation security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LIMITATIONS ON LIABILITY.

       (a) Definitions.--Section 402 of the September 11th Victim 
     Compensation Fund of 2001 (Public Law 107-42) is amended by 
     adding at the end the following new paragraph:
       ``(9) Property Owner.--The term `property owner' means the 
     Port Authority of New York and New Jersey and any other 
     person with a property interest in the World Trade Center, 
     whether fee simple, leasehold, or easement, direct or 
     indirect.''.
       (b) Limit of Property Owners Liability.--Section 408 of the 
     September 11th Victim Compensation Fund of 2001 is amended--
       (1) in subsection (a)--
       (A) by striking ``Notwithstanding'' and inserting:
       ``(1) Air carrier liability.--Notwithstanding''; and
       (B) by adding at the end the following new paragraph:
       ``(2) Other limitations of liability.--Notwithstanding any 
     other provision of law, liability for all claims, whether for 
     compensatory or punitive damages or for contribution of 
     indemnity, arising from the terrorist-related aircraft 
     crashes of September 11, 2001, against any property owner 
     shall not be in an amount greater than the limits of 
     liability insurance coverage available to the property 
     owner.''; and
       (2) in the heading, by striking ``AIR CARRIER''.
       (c) Subrogation.--Section 409 of the September 11th Victim 
     Compensation Fund of 2001 is amended by inserting before the 
     end period the following: ``, subject to the limitations 
     described in section 408.
                                  ____

  SA 1884. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 1447, to improve aviation security, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 23, between lines 8 and 9, insert the following:

     SEC. __. INCREASED SCREENING OF CHECKED BAGGAGE.

       (a) Expansion of the Computer Assisted Passenger 
     Prescreening System (CAPPS).--
       (1) In general.--Subchapter I of chapter 449 of title 49, 
     United States Code, is amended by inserting after section 
     44901 the following new section:

     ``Sec. 44901a. Expansion of CAPPS

       ``(a) In General.--Not later than 90 days after the date of 
     enactment of the Aviation Security Act, the Administrator of 
     the Federal Aviation Administration shall promulgate 
     guidelines to increase the selection of passengers through 
     the Computer Assisted Passenger Prescreening System (CAPPS) 
     and shall incorporate the database described in section 
     44911(g)(1) into the CAPPS. The guidelines shall not include 
     race or national origin as criteria.
       ``(b) Requirements.--
       ``(1) Positive matching.--Passengers selected through the 
     CAPPS shall be required to provide positive passenger-bag 
     match and their property shall be screened by an explosive 
     detection system or, in the case of an airport where an 
     explosive detection system is unavailable, by an equivalent 
     system, a trace explosive detection system, or by a hand-
     search.
       ``(2) Screening of checked baggage through explosive 
     detection systems.--
       ``(A) Deployment.--The Secretary of Transportation, in 
     coordination with the Attorney General of the United States, 
     shall be responsible for the deployment and maintenance of 
     certified explosive detection systems at small, medium, and 
     large hub airports.
       ``(B) Preference for American-made systems.--In selecting 
     explosive detection systems, the Secretary shall give 
     preference to systems produced by United States companies.
       ``(C) Deadlines for implementation.--
       ``(i) Not later than January 1, 2005, the Secretary shall 
     ensure that at the 100 largest airports all property to be 
     transported in the hold of commercial passenger aircraft is 
     scanned by an explosive detection system.
       ``(ii) Not later than January 1, 2008, the Secretary shall 
     ensure that at small, medium, and large hub airports all 
     property to be transported in the hold of commercial 
     passenger aircraft is scanned by an explosive detection 
     system or a trace explosive detection system.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 44901 the following new item:

``44901a. Expansion of CAPPS.''.

       (b) Report to Congress.--Not later than 60 days after the 
     date of enactment of this Act, and annually thereafter, the 
     Secretary of Transportation shall submit to Congress a report 
     regarding the screening of checked baggage through explosive 
     detection systems. The initial report shall contain the 
     following:
       (1) A date by which the Department of Transportation shall 
     ensure that all checked baggage is screened through an 
     explosive detection system or a trace explosive detection 
     system.
       (2) An estimate of the costs that will be incurred in 
     ensuring the screening of all checked baggage.
       (3) A plan for deploying all explosive detection systems 
     purchased by the Federal Aviation Administration before the 
     date of enactment of this Act that are not in use on such 
     date.
                                  ____

  SA 1885. Mr. HARKIN (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill S. 1447, to 
improve aviation security, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. GENERAL AVIATION SMALL BUSINESS GRANTS.

       (a) In General.--Section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)) is amended by inserting immediately after 
     paragraph (3) the following:
       ``(4) General aviation small business grants.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Administration shall, upon application, make grants 
     to general aviation small business concerns for direct and 
     incremental losses incurred by such small business concerns 
     as a result of the Federal ground stop order issued by the 
     Secretary of Transportation on September 11, 2001, or any 
     such subsequent order issued by the Department of 
     Transportation that adversely affects General Aviation Small 
     Business.
       ``(B) Grant amounts.--
       ``(i) In general.--A grant under subparagraph (A) shall be 
     made in an amount equal to the amount of direct and 
     incremental losses incurred by a general aviation small 
     business concern during the period beginning on September 11, 
     2001, and ending on December 31, 2001, to the extent that 
     such losses are not compensated for by insurance or 
     otherwise.
       ``(ii) Maximum grant.--The amount of a grant under this 
     paragraph shall not exceed $6,000,000.
       ``(iii) Waiver authority.--The Administrator may, at the 
     discretion of the Administrator, waive the aggregate grant 
     amounts established under clause (ii).
       ``(iv) Documentation.--The amount of the grant payable may 
     not exceed the incremental loss that the business 
     demonstrates to the satisfaction of the Administrator, using 
     sworn financial statements or other appropriate data.
       ``(C) No disaster declaration required.--For purposes of 
     assistance under this paragraph, no declaration of a disaster 
     area shall be required.
       ``(D) Extended application period.--Notwithstanding any 
     other provision of law, the Administrator shall accept 
     applications of assistance under this program until September 
     10, 2002, with respect to small business concerns adversely 
     affected by the terrorist attacks perpetrated against the 
     United States on September 11, 2001.
       ``(E) Audits.--The Small Business Administration may audit 
     financial statements or other appropriate data of any 
     business receiving assistance under this paragraph for not 
     more than 3 years after the grant has been finalized. The 
     business shall provide any requests for information that the 
     Administration may request while conducting such audit.
       ``(F) Definitions.--As used in this paragraph--
       ``(i) the term `general aviation small business concern' 
     means a small business concern that is a regular provider of 
     general aviation services, such as aircraft rentals, crop 
     dusting, flight training instruction, repair, and other fixed 
     based services; and

[[Page 19614]]

       ``(ii) the term `incremental loss' does not include any 
     loss that the Administration determines would have been 
     incurred if the terrorist attacks on the United States that 
     occurred on September 11, 2001, had not occurred.''.
       (b) Funding.--There is authorized to be appropriated, and 
     there is appropriated, $400,000,000 to carry out section 
     7(b)(4) of the Small Business Act, as added by this Act.
       (c) Clerical Amendments.--Section 7(b) of the Small 
     Business Act (15 U.S.C. 636(b)) is amended in the 
     undesignated matter at the end--
       (1) by striking ``, (2), and (4)'' and inserting ``and 
     (2)''; and
       (2) by striking ``, (2), or (4)'' and inserting ``(2)''.
                                  ____

  SA 1886. Mr. McCAIN (for Mr. Enzi (for himself and Mr. Dorgan)) 
proposed an amendment to the bill S. 1447, to improve aviation 
security, and for other purposes; as follows:

       On page 15, line 2, after the period insert the following: 
     ``The Federal Aviation Administration, in consultation with 
     the appropriate State or local government law enforcement 
     authorities, shall reexamine the safety requirements for 
     small community airports to reflect reasonable level of 
     threat to those individual small community airports, 
     including the parking of passenger vehicles within 300 feet 
     of the airport terminal building with respect to that 
     airport.''
                                  ____

  SA 1887. Mr. McCAIN (for Mrs. Hutchison) proposed an amendment to the 
bill S. 1447, to improve aviation security, and for other purposes; as 
follows:

       On page 35, between lines 2 and 3, insert the following:
       (e) Background Checks for Existing Employees.--
       (1) In general.--Section 44936 of title 49, United States 
     Code, is amended--
       (A) by inserting ``is or'' before ``will'' in subsection 
     (a)(1)(B)(i); and
       (2) Effective date.--The amendments made by paragraph (1) 
     apply with respect to individuals employed on or after the 
     date of enactment of the Aviation Security Act in a position 
     described in sub-paragraph (A) or (B) of section 44936(a)(1) 
     of title 49, United States Code. The Secretary of 
     Transportation may provide by order for a phased-in 
     implementation of the requirements of section 44936 of that 
     title made applicable to individuals employed in such 
     positions at airports on the date of enactment of this Act.
                                  ____

  SA 1888. Mr. McCAIN (for Mrs. Hutchison) proposed an amendment to the 
bill S. 1447, to improve aviation security, and for other purposes; as 
follows:

       On page 18, line 1, strike ``passengers'' and insert 
     ``passengers, individuals with access to secure areas,''.
       On page 18, line 10, after the period, insert ``The 
     Secretary, in consultation with the Attorney General, shall 
     provide for the screening of all persons, including airport, 
     air carrier, foreign air carrier, and airport concessionaire 
     employees, before they are allowed into sterile or secure 
     area of the airport, as determined by the Secretary.
       ``The screening of airport, air carrier, foreign air-
     carrier, and airport concessionaire employees, and other 
     nonpassengers with access to secure areas, shall be conducted 
     in the same manner as passenger screenings are conducted, 
     except that the Secretary may authorize alternative screening 
     procedures for personnel engaged in providing airport or 
     aviation security at an airport.''.
                                  ____

  SA 1889. Mr. McCAIN (for Mr. Inhofe) proposed an amendment to the 
bill S. 1447, to improve aviation security, and for other purposes; as 
follows:

       At the end of the bill, insert following:

     SEC.  . USE OF FACILITIES.

       (a) Employment Register.--Notwithstanding any other 
     provision of law, the Secretary of Transportation shall 
     establish and maintain an employment register.
       (b) Training Facility.--The Secretary of Transportation 
     may, where feasible, use the existing Federal Aviation 
     Administration's training facilities to design, develop, or 
     conduct training of security screening personnel.
                                  ____

  SA 1890. Mr. McCAIN (for Mr. Inhofe) submitted an amendment intended 
to be proposed by Mr. McCain to the bill S. 1447, to improve aviation 
security, and for other purposes; as follows:

       Strike the section heading for section 14 and insert the 
     following:

     SEC. 14. REPORT ON NATIONAL AIR SPACE RESTRICTIONS PUT IN 
                   PLACE AFTER TERRORIST ATTACKS THAT REMAIN IN 
                   PLACE.

       (a) Report.--Within 30 days of the enactment of this Act, 
     the President shall submit to the committees of Congress 
     specified in subsection (b) a report containing--
       (1) a description of each restriction, if any, on the use 
     of national airspace put in place as a result of the 
     September 11, 2001, terrorist attacks that remains in place 
     as of the date of the enactment of this Act; and
       (2) a justification for such restriction remaining in 
     place.
       (b) Committees of Congress.--The committees of Congress 
     specified in this subsection are the following:
       (1) The Select Committee on Intelligence of the Senate.
       (2) The Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (3) The Committee on Commerce, Science, and Transportation 
     of the Senate.
       (4) The Committee on Transportation. Infrastructure of the 
     House of Representatives.
                                  ____

  SA 1891. Mr. HOLLINGS (for Mr. Feingold) proposed an amendment to the 
bill S. 1447, to improve aviation security, and for other purposes; as 
follows:

       Strike the section heading for section 14 and insert the 
     following:

     SEC. 14. VOLUNTARY PROVISION OF EMERGENCY SERVICES DURING 
                   COMMERCIAL FLIGHTS.

       (a) Program for Provision of Voluntary Services.--
       (1) Program.--The Secretary of Transportation shall carry 
     out a program to permit qualified law enforcement officers, 
     firefighters, and emergency medical technicians to provide 
     emergency services on commercial air flights during 
     emergencies.
       (2) Requirements.--The Secretary shall establish such 
     requirements for qualifications of providers of voluntary 
     services under the program under paragraph (1), including 
     training requirements, as the Secretary considers 
     appropriate.
       (3) Confidentiality of registry.--If as part of the program 
     under paragraph (1) the Secretary requires or permits 
     registration of law enforcement officers, firefighters, or 
     emergency medical technicians who are willing to provide 
     emergency services on commercial flights during emergencies, 
     the Secretary shall take appropriate actions to ensure that 
     the registry is available only to appropriate airline 
     personnel and otherwise remains confidential.
       (4) Consultation.--The Secretary shall consult with 
     appropriate representatives of the commercial airline 
     industry, and organizations representing community-based law 
     enforcement, firefighters, and emergency medical technicians, 
     in carrying out the program under paragraph (1), including 
     the actions taken under paragraph (3).
       (b) Protection from Liability.--
       (1) In general.--Subchapter II of chapter 449 of title 49, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 44939. Exemption of volunteers from liability

       ``(a) In General.--An individual shall not be liable for 
     damages in any action brought in a Federal or State court 
     that arises from an act or omission of the individual in 
     providing or attempting to provide assistance in the case of 
     an inflight emergency in an aircraft of an air carrier if the 
     individual meets such qualifications as the Secretary shall 
     prescribe for purposes of this section.
       ``(b) Exception.--The exemption under subsection (a) shall 
     not apply in any case in which an individual provides, or 
     attempts to provide, assistance described in that paragraph 
     in a manner that constitutes gross negligence or willful 
     misconduct.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``44939. Exemption of volunteers from liability.''.

       (c) Construction Regarding Possession of Firearms.--Nothing 
     in this section may be construed to require any modification 
     of regulations of the Department of Transportation governing 
     the possession of firearms while in aircraft or air 
     transportation facilities or to authorize the possession of a 
     firearm in an aircraft or any such facility not authorized 
     under those regulations.

     SEC. 15. DEFINITIONS.
                                  ____


  SA 1892. Mr. HOLLINGS (for himself and Mr. McCain) proposed an 
amendment to the bill S. 1447, to improve aviation security, and for 
other purposes; as follows:

       On page 1, in the matter appearing after line 5, strike the 
     item relating to section 1 and insert the following:

Sec. 1. Short title; table of contents.

       On page 4, line 23, strike ``hiring and training'' and 
     insert ``hiring, training, and evaluating''.
       On page 8, beginning with line 18, strike through line 20 
     on page 9 and insert the following:
       (a) In General.--As soon as possible after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall--
       (1) issue an order (without regard to the provisions of 
     chapter 5 of title 5, United States Code)--
       (A) prohibiting access to the flight deck of aircraft 
     engaged in passenger air transportation or intrastate air 
     transportation except to authorized personnel;

[[Page 19615]]

       (B) requiring the strengthening of the flight deck door and 
     locks on any such aircraft operating in air transportation or 
     intrastate air transportation that has a rigid door in the 
     bulkhead between the flight deck and the passenger area to 
     ensure that the door cannot be forced open from the passenger 
     compartment;
       (C) requiring that such flight deck doors remain locked 
     while any such aircraft is in flight except when necessary to 
     permit the flight deck crew access sand egress; and
       (D) prohibiting the possession of a key to any such flight 
     door by any member of the flight crew who is not assigned to 
     the flight deck; and
       (2) take such other action, including modification of 
     safety and security procedures, as may be necessary to ensure 
     the safety and security of the aircraft.
       On page 10, line 9, insert closing quotation marks after 
     ``(1)'' the second place it appears.
       On page 10, line 20, insert opening quotation marks before 
     ``(3)''.
       On page 15, line 17, insert a semicolon before the closing 
     quotation marks.
       On page 16, beginning in line 18, strike ``Employment 
     Investigations and Restrictions.--'' and insert ``Airport 
     Security Pilot Program.--''
       On page 18, line 9, strike ``an'' and insert ``a''.
       On page 18, line 10, strike ``215'' and insert ``2105''.
       On page 21, beginning in line 22, strike through line 7 on 
     page 22 and insert the following:
       (b) Deputizing of State and Local Law Enforcement 
     Officers.--Section 512 of the Wendell H. Ford Aviation 
     Investment and Reform Act for the 21st Century is amended--
       (1) by striking ``purposes of'' in subsection (b)(1)(A) and 
     inserting ``pupsoses of (i)'';
       (2) by striking ``transportation'' in subsection (b)(1)(A) 
     and inserting ``transportation, and (ii) regulate the 
     provisions of security screening services under section 
     44901(c) of title 49, United States Code;'';
       (3) by striking ``not federal responsibility'' in the 
     heading of subsection (b)(3)b);
       (4) by striking ``shall not be responsible for providing'' 
     in subsection (b)(3)(B) and inserting ``may provide'';
       (5) by striking ``flight.'' in subsection (c)(2) and 
     inserting ``flight and security screening functions under 
     section 44901(c) of title 49, United States Code.'';
       (6) by striking ``General'' in subsection (e) and inserting 
     ``General, in consultation with the Secretary of 
     Transportation,''; and
       (7) by striking subsection (f).
       On page 31, line 20, strike ``(2)Section'' and ``(2) 
     Section''.
       On page 31, after line 25, insert the following:
       (3) Section 44936(a)(1)(E) is amended by striking clause 
     (iv).
       On page 32, line 20, insert ``under section 44901 of title 
     49, United States Code,'' after ``screener''.
       On page 32, strike line 23, and insert ``5, United States 
     Code.''.
       On page 33, line 2, insert ``any other'' before 
     ``provision''.
       On page 36, line 8, ``alien'' insert ``or other 
     individual''.
       On page 38, line 25, strike ``Congress'' and insert 
     ``Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Transportation 
     and Infrastructure''.
       On page 39, line 6, strike ``Congress'' and insert ``Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure''.
       On page 41, between lines 8 and 9, insert the following:
       (5) The use of technology that will permit enhanced instant 
     communications and information between airborne passenger 
     aircraft and appropriate individuals or facilities on the 
     ground.
       On page 43, line 3, insert ``to the maximum extent 
     practicable'' before ``the best'..
       On page 43, line 9, strike ``to certify'' and insert 
     ``on''.
       In amendment No. 1881, on page 1, line 5, insert ``Federal 
     service for'' after ``of''.
                                  ____

  SA 1893. Mr. McCAIN (for Mr. Inhofe) proposed an amendment to the 
bill S. 1447, to improve aviation security, and for other purposes; as 
follows:

       At the appropriate place, insert the following new section:

     SEC.  . IMPLEMENTATION OF CERTAIN DETECTION TECHNOLOGIES.

       (a) In General.--Not later than September 30, 2002, the 
     Assistant Administrator for Civil Aviation Security shall 
     review and make a determination on the feasibility of 
     implementing technologies described in subsection (b).
       (b) Technologies Described.--The technologies described in 
     this subsection are technologies that are--
       (1) designed to protect passengers, aviation employees, air 
     cargo, airport facilities, and airplanes; and
       (2) material specific and able to automatically and non-
     intrusively detect, without human interpretation and without 
     regard to shape or method of concealment, explosives, illegal 
     narcotics, hazardous chemical agents, and nuclear devices.
                                  ____

  SA 1894. Mr. HOLLINGS (for Mr. Leahy) proposed an amendment to the 
bill S. 1447, to improve aviation security, and for other purposes; as 
follows:

       At the appropriate place, insert the following:

     SEC.   . REPORT.

       Not later than 120 days after the date of enactment of this 
     Act, the Attorney General shall report to the House Committee 
     on the Judiciary, the Senate Committee on the Judiciary, the 
     House Committee on Transportation and Infrastructure, and the 
     Senate Committee on Commerce, Science, and Transportation on 
     the new responsibilities of the Department of Justice for 
     aviation security under this Act.
                                  ____

  SA 1895. Mr. HOLLINGS (for himself and Mr. McCain) proposed an 
amendment to the bill S. 1447, to improve aviation security, and for 
other purposes; as follows:

       On page 1, in the matter appearing after line 5, strike the 
     item relating to section 1 and insert the following:

Sec. 1. Short title; table of contents.

       On page 4, line 23, strike ``hiring and training'' and 
     insert ``hiring, training, and evaluating''.
       On page 8, beginning with line 18, strike through line 20 
     on page 9 and insert the following:
       (a) In General.--As soon as possible after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall--
       (1) issue an order (without regard to the provisions of 
     chapter 5 of title 5, United States Code)--
       (A) prohibiting access to the flight deck of aircraft 
     engaged in passenger air transportation or intrastate air 
     transportation except to authorized personnel;
       (B) requiring the strengthening of the flight deck door and 
     locks on any such aircraft operating in air transportation or 
     intrastate air transportation that has a rigid door in a 
     bulk-head between the flight deck and the passenger area to 
     ensure that the door cannot be forced open from the passenger 
     compartment;
       (C) requiring that such flight deck doors remain locked 
     while any such aircraft is in flight except when necessary to 
     permit the flight deck crew access and egress; and
       (D) prohibiting the possession of a key to any such flight 
     deck door by any member of the flight crew who is not 
     assigned to the flight deck; and
       (2) take such other action, including modification of 
     safety and security procedures, as may be necessary to ensure 
     the safety and security of the aircraft.
       On page 10, line 9, insert closing quotation marks after 
     ``(1)'' the second place it appears.
       On page 10, line 20, insert opening quotation marks before 
     ``(3)'',
       On page 15, line 17, insert a semicolon before the closing 
     quotation marks.
       On page 16, beginning in line 18, strike ``Employment 
     Investigations and Restrictions.--'' and insert ``Airport 
     Security Pilot Program.----''
       On page 18, line 9, strike ``an'' and insert ``a''.
  On page 18, line 10, strike ``215'' and insert ``2105''.
       On page 21, beginning with line 22, strike through line 6 
     on page 22 and insert the following:
       (b) Deputizing of State and Local Law Enforcement 
     Officers.--Section 512 of the Wendell H. Ford Aviation 
     Investment and Reform Act for the 21st Century is amended--
       (1) by striking ``purpose of'' in subsection (b)(1)(A) and 
     inserting ``purpose of (i)'';
       (2) by striking ``transportation;'' in subsection (b)(1)(A) 
     and inserting ``transportation, and (ii) regulate the 
     provisions of security screening services under section 
     44901(c) of title 49, United States Code;'';
       (3) by striking ``not federal responsibility'' in the 
     heading of subsection (b)(3)(b);
       (4) by striking ``shall not be responsible for providing'' 
     in subsection (b)(3)(B) and inserting ``may provide'';
       (5) by striking ``flight.'' in subsection (c)(2) and 
     inserting ``flight and security screening functions under 
     section 44901(c) of title 49, United States Code.'';
       (6) by striking ``General'' in subsection (e) and inserting 
     ``General, in consultation with the Secretary of 
     Transportation,''; and
       (7) by striking subsection (f).
       On page 31, after line 25, insert the following:
       (3) Section 44936(a)(1)(E) is amended by striking clause 
     (iv).
       On page 32, line 20, insert ``under section 44901 of title 
     49, United States Code,'' after ``screener''.
       On page 32, strike line 23, and insert ``5, United States 
     Code.''.
       On page 33, line 2, insert ``any other'' before 
     ``provision''.
       On page 36, line 8, after ``alien'' insert ``or other 
     individual''.
       On page 38, line 25, strike ``congress'' and insert 
     ``Senate Committee on Commerce,

[[Page 19616]]

     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure''.
       On page 39, line 6, strike ``Congress'' and insert ``Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure''.
       On page 41, between lines 8 and 9, insert the following:
       (5) the use of technology that will permit enhanced instant 
     communications and information between airborne passenger 
     aircraft and appropriate individuals or facilities on the 
     ground.
       On page 43, line 3, insert ``to the maximum extent 
     practicable'' before ``the best''.
       On page 43, line 9, strike ``to certify'' and insert 
     ``on''.
       In amendment No. 1881, on page 1, line 5, insert ``Federal 
     service for'' after ``of''.
                                  ____


  SA 1896. Mr. WARNER (for himself and Mr. Allen) proposed an amendment 
to the bill S. 1447, to improve aviation security, and for other 
purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. PAYMENT FOR LOSSES RESULTING FROM LIMITATIONS ON USE 
                   OF RONALD REAGAN WASHINGTON NATIONAL AIRPORT 
                   FOLLOWING TERRORIST ATTACKS.

       (a) In General.--Notwithstanding any other provision of 
     law, of the amounts appropriated or otherwise made available 
     immediately by the 2001 Emergency Supplemental Appropriations 
     Act for Recovery from and Response to Terrorist Attacks on 
     the United States (Public Law 107-38) that are available for 
     obligation, $65,648,183 shall be available to the Secretary 
     of Transportation for payment to the Metropolitan Washington 
     Airports Authority (MWAA) and concessionaires at Ronald 
     Reagan Washington National Airport for losses resulting from 
     the closure, and subsequent limitations on use, of the 
     airport following the September 11, 2001, terrorist attacks 
     and subsequent reopening of other United States airports 
     after September 13, 2001.
       (b) Allocation of Funds.--The amount available under 
     subsection (a) shall be allocated as follows:
       (1) $37,816,093 shall be available for payment for losses 
     of the Metropolitan Washington Airports Authority that 
     occurred as a result of the closure of Ronald Reagan 
     Washington National Airport after September 13, 2001.
       (2) $27,832,090 shall be available for payment for losses 
     of concessionaires at Ronald Reagan Washington National 
     Airport that occurred as a result of the closure of Ronald 
     Reagan Washington National Airport after September 13, 2001.
       (c) Application.--A concessionaire at Ronald Reagan 
     Washington National Airport seeking payment under this 
     section for losses described in subsection (a) shall submit 
     to the Secretary an application for payment in such form and 
     containing such information as the Secretary shall require. 
     The application shall, at a minimum, substantiate the losses 
     incurred by the concessionaire described in subsection (a).
                                  ____

  SA 1897. Mr. McCAIN (for Mr. Jeffords) proposed an amendment to 
amendment SA 1858 submitted by Mr. Hollings and intended to be proposed 
to the bill (S. 1447) to improve aviation security, and for other 
purposes; as follows:

       In amendment No. 1858 on page 1, line 8, insert ``or an 
     individual discharged or furloughed from commercial airline 
     cockpit crew position'' after ``age,''.
                                  ____

  SA 1898. Mr. ALLEN (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 1532, to 
provide for the payment of emergency extended unemployment 
compensation; which was referred to the Committee on Finance; as 
follows:

       In section 173(a)(4) of the Workforce Investment Act of 
     1998 (29 U.S.C. 2918(a)(4)), as added by section 8(a), strike 
     ``subsection (f)'' and insert ``subsections (f) and (g)''.
       In section 173(a)(4) of the Workforce Investment Act of 
     1998 (29 U.S.C. 1918(a)(4)), as added by section 8(a), strike 
     the period and insert ``, and to independently owned 
     businesses and proprietorships.''.
       In section 173 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2918), as amended by section 8(b), add after 
     subsection (f) the following:
       ``(g) Government Intervention Supplements.--
       ``(1) Personal income.--Using funds made available under 
     subsection (a)(4), a State may provide personal income 
     compensation to a dislocated worker described in such 
     subsection if--
       ``(A) the worker is unable to work due to direct Federal 
     Government intervention leading to--
       ``(i) closure of the facility at which the worker was 
     employed, prior to the intervention; or
       ``(ii) a restriction on how business may be conducted at 
     the facility; and
       ``(B) the facility is located within an area is which a 
     major disaster or emergency was declared as described in 
     section 7(3)(A)(i) of the Emergency Extended Unemployment 
     Compensation Act of 2001.
       ``(2) Business income.--Using funds made available under 
     subsection (a)(4), a State may provide business income 
     compensation to an independently owned business or 
     proprietorship if--
       ``(A) the business or proprietorship is unable to earn 
     revenue due to direct Federal intervention leading to--
       ``(i) closure of the facility at which the business or 
     proprietorship was located, prior to the intervention; or
       ``(ii) a restriction on how customers may access the 
     facility; and
       ``(B) the facility is located within an area is which a 
     major disaster or emergency was declared as described in 
     section 7(3)(A)(i) of the Emergency Extended Unemployment 
     Compensation Act of 2001.''.
                                  ____

  SA 1899. Mr. FEINGOLD proposed an amendment to the bill S. 1510, to 
deter and punish terrorist acts in the United States and around the 
world, to enhance law enforcement investigatory tools, and for other 
purposes; as follows:

       On page 42, line 25, insert ``or other'' after 
     ``contractual''.
       On page 43, line 2, strike ``for'' and insert 
     ``permitting''.
       On page 43, line 8, insert ``transmitted to, through, or 
     from the protected computer'' after ``computer trespasser''.
       On page 43, line 20, insert ``does not last for more than 
     96 hours and'' after ``such interception''.
                                  ____

  SA 1900. Mr. FEINGOLD proposed an amendment to the bill S. 1510, to 
deter and punish terrorist acts in the United States and around the 
world, to enhance law enforcement investigatory tools, and for other 
purposes; as follows:

       On page 21, line 14, insert ``except that, in such 
     circumstances, the order shall direct that the surveillance 
     shall be conducted only when the target's presence at the 
     place where, or use of the facility at which, the electronic 
     surveillance is to be directed has been ascertained by the 
     person implementing the order and that the electronic 
     surveillance must be directed only at the communication of 
     the target,'' after ``such other persons''.
                                  ____

  SA. 1901. Mr. FEINGOLD proposed an amendment to the bill S. 1510, to 
deter and punish terrorist acts in the United States and around the 
world, to enhance law enforcement investigatory tools, and for other 
purposes; as follows:

       Strike section 215 and insert the following:

     SEC. 215. ACCESS TO BUSINESS RECORDS UNDER FOREIGN 
                   INTELLIGENCE SURVEILLANCE ACT OF 1978.

       (a) In General.--Section 502 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1862) is amended--
       (1) in subsection (a), by striking ``authorizing a common 
     carrier'' and all that follows through ``to release records'' 
     and inserting ``requiring a business to produce any tangible 
     things (including books, records, papers, documents, and 
     other items)'';
       (2) in subsection (b)(2)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) the records concerned are not protected by any 
     Federal or State law governing access to the records for 
     intelligence or law enforcement purposes.''; and
       (3) in subsection (d), by striking ``common carrier, public 
     accommodation facility, physical storage facility, or vehicle 
     rental facility'' each place it appears and inserting 
     ``business''.
       (b) Conforming Amendment.--The text of section 501 of that 
     Act (50 U.S.C. 1861) is amended to read as follows:
       ``Sec. 501. In this title, the terms `agent of a foreign 
     power', `foreign intelligence information', `international 
     terrorism', and `Attorney General' have the meanings given 
     such terms in section 101.''.
                                  ____
                                  

                          ____________________