The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S570-S572 on Feb. 4, 2011.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 47. Ms. CANTWELL submitted an amendment intended to be proposed by her to the bill S. 223, to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes; which was ordered to lie on the table; as follows:
On page 209, line 3, insert ``or subpoena'' after
``discovery''.
On page 209, line 7, strike ``or''.
On page 209, line 9, strike ``report.'' and insert
``report; or''.
On page 209, between lines 9 and 10, insert the following:
(D) hazard identification, risk assessment, risk control, and safety assurance data produced or collected for purposes of--
(i) assessing and managing aviation safety risk; or
(ii) a safety management system acceptable to the Administrator.
On page 210, beginning in line 5, strike ``an Aviation Safety Action Program report, Flight Operational Quality Assurance Program data, or a Line Operations Safety Audit Program report'' and insert ``reports or data described in subsection (a)(1) only''.
On page 210, beginning in line 17, strike ``an Aviation Safety Action Program report, Flight Operational Quality Assurance Program data, or a Line Operations Safety Audit Program report,'' and insert ``reports or data described in subsection (a)(1),''.
On page 211, beginning in line 2, strike ``privileged self-analysis information as defined under the Federal Rules of Evidence.'' and insert ``information protected by the self-analysis privilege.''.
On page 211, beginning in line 5, strike ``an Aviation Safety Action Program report, Flight Operational Quality Assurance Program data, or a Line Operations Safety Audit Program report'' and insert ``reports or data described in subsection (a)(1)''.
On page 211, beginning in line 14, strike ``an Aviation Safety Action Program report, Flight Operational Quality Assurance Program data, or a Line Operations Safety Audit Program report'' and insert ``reports or data described in subsection (a)(1)''.
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SA 48. Ms. CANTWELL submitted an amendment intended to be proposed by her to the bill S. 223, to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place insert the following:
SEC. __. ADS-B OVERSIGHT.
(a) Cost Benefit Analysis.--
(1) In general.--The Administrator of the Federal Aviation Administration shall contract with an independent third party to conduct an updated cost benefit analysis of acquisition approaches for the Automatic Dependent Surveillance-Broadcast program (referred to in this section as the ADS-B program).
(2) Parameters.--The analysis must include a comparison of the service-based contract approach with more traditional acquisition approaches, both for the entire contract and for each individual phase of the program.
(3) Independence.--The independent third party selected to conduct the analysis may not have a financial interest in the ADS-B program, and may not have any significant financial ties with either the contractor or subcontractors involved with the program.
(4) Review by dotig.--The Department of Transportation Inspector General shall conduct a review of the final Cost Benefit Analysis.
(5) Report.--The final analysis and accompanying Inspector General review shall be provided to the appropriate Congressional Committees.
(b) Performance and Financial Audit.--The Department of Transportation Inspector General shall conduct a performance and financial audit of the ADS-B program and issue a report on the audit's findings. At a minimum, the audit and report shall--
(1) identify all cost overruns that have occurred or are highly likely to occur;
(2) review the factors used by the Administration to measure contractor performance;
(3) identify all incentive fees, award fees, and other financial performance rewards that have been awarded to the contractor, including the specific performance merits upon which those financial rewards were granted;
(4) identify all requirements changes, contract modifications, and change orders, including the costs of such changes and the extent to which each change was subject to review to identify, analyze, and document the associated needs, risks, costs, and benefits; and
(5) make specific recommendations that would allow the Administration to more accurately track both capital and operating costs and ensure timely and accurate disclosure of cost overruns.
(c) Acquisition Management and Oversight.--
(1) Plan.--The Administrator shall develop and submit to Congress an acquisition management and oversight plan for the ADS-B program. The plan shall--
(A) contain an assessment of current Administration acquisition, management, over-sight, and contracting resources and capabilities devoted to the ADS-B program;
(B) identify actions that the Administration will take to improve its acquisition management and oversight of the ADS-B program;
(C) include staffing predictions, human capital needs, and training needs;
(D) identify specific processes and procedures for developing clear contract performance requirements and analyzing, approving, and managing requirements changes, contract modifications, and change orders; and (E) address specifically the question of whether the Administration can better leverage acquisitions oversight and management expertise from other agencies within the Federal government.
(2) DOTIG review.--The Department of Transportation's Inspector General shall conduct a review of the plan submitted under paragraph (1).
(3) Technical requirements.--The Administration shall maintain the technical authority to establish, approve, and maintain technical requirements for the ADS-B program.
(4) Self-certification prohibited.--All certifications for capability and performance of ADS-B systems shall be conducted by the Administration or an independent third party, and self-certification by a contractor or subcontractor is not allowed.
(d) Contract Review.--The Comptroller General shall conduct an audit and review of the ADS-B contracts, and issue a report to Congress which, at a minimum, identifies and analyzes--
(1) any terms and structural features of the contract that may put the Federal government at a financial, legal, technical, or negotiating disadvantage, both during contract execution and throughout the life-cycle of the ADS-B system;
(2) specific risks and management challenges that can be expected to arise from specific contract terms or from the overall contract and acquisition structure;
(3) unclear performance and contract requirements that may increase costs, risks, and the probability of inadequate system performance;
(4) the procedures that Administration and the contractor used to write the contract, including who was tasked with both writing and reviewing contract language;
(5) contract terms or structures that may prevent or discourage financial transparency;
(6) benefits, risks, management challenges, and potential conflicts of interest associated with allowing the contractor to sell value added services, including recommendations for how to protect the public interest under such an arrangement;
(7) risks associated with utilizing a performance-based contract for the ADS-B program; and
(8) the short and long term advantages, disadvantages, and risks of--
(A) utilizing a cost plus incentive fee structure for development of the ADS-B ground system; and
(B) Ownership of the ground systems by the contractor instead of the Administration.
(e) Restrictions.--Until the requirements of this section have been fulfilled, the Administrator--
(1) may not execute any additional contracts, contract changes, requirements changes, task orders, or work orders for the Automatic Dependent Surveillance-Broadcast Program; and
(2) may not exercise any contract options for the Automatic Dependent Surveillance-Broadcast Program.
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SA 49. Mr. UDALL of New Mexico submitted an amendment intended to be proposed by him to the bill S. 223, to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place insert the following:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SEC. __. DONA ANA COUNTY AIRPORT.
(a) In General.--Notwithstanding section 23 of the Airport and Airway Development Act of 1970 (as in effect on August 4, 1982), or sections 47125 and 27153 of title 49, United States Code, the Secretary of Transportation may, subject to subsection (b), grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance numbered 30-82-0048 and dated August 4, 1982, under which the United States conveyed certain land to Dona Ana County, New Mexico, for airport purposes.
(b) Conditions.--Any release granted by the Secretary under subsection (a) shall be subject to the following conditions:
(1) The County shall agree that in conveying any interest in the land that the United States conveyed to the County by the deed described in subsection (a), the County shall receive an amount for the interest that is equal to the fair market value.
(2) Any amount received by the County for the conveyance shall be used by the County for the development, improvement, operation, or maintenance of the airport.
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SA 50. Mr. LEAHY submitted an amendment intended to be proposed by him to the bill S. 223, to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--EMERGENCY MEDICAL SERVICE PROVIDERS PROTECTION AND LIABILITY
PROTECTION FOR CERTAIN VOLUNTEER PILOTS
Subtitle A--Emergency Medical Service Providers Protection
SEC. _01. DALE LONG EMERGENCY MEDICAL SERVICE PROVIDERS
PROTECTION ACT.
(a) Short Title.--This subtitle may be cited as the ``Dale Long Emergency Medical Service Providers Protection Act''.
(b) Eligibility.--Section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) is amended--
(1) in paragraph (7), by striking ``public employee member of a rescue squad or ambulance crew;'' and inserting
``employee or volunteer member of a rescue squad or ambulance crew (including a ground or air ambulance service) that--
``(A) is a public agency; or
``(B) is (or is a part of) a nonprofit entity serving the public that--
``(i) is officially authorized or licensed to engage in rescue activity or to provide emergency medical services; and
``(ii) is officially designated as a pre-hospital emergency medical response agency;''; and
(2) in paragraph (9)--
(A) in subparagraph (A), by striking ``as a chaplain'' and all that follows through the semicolon, and inserting ``or as a chaplain;'';
(B) in subparagraph (B)(ii), by striking ``or'' after the semicolon;
(C) in subparagraph (C)(ii), by striking the period and inserting ``; or''; and
(D) by adding at the end the following:
``(D) a member of a rescue squad or ambulance crew who, as authorized or licensed by law and by the applicable agency or entity (and as designated by such agency or entity), is engaging in rescue activity or in the provision of emergency medical services.''.
(c) Offset.--Of the unobligated balances available under the Department of Justice Assets Forfeiture Fund, $13,000,000 are permanently cancelled.
(d) Effective Date.--The amendments made by subsection (b) shall apply only to injuries sustained on or after June 1, 2009.
Subtitle B--Liability Protection
SEC. _11. SHORT TITLE.
This subtitle may be cited as the ``Volunteer Pilot Protection Act of 2011''.
SEC. _12. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Many volunteer pilots fly for public benefit and provide valuable services to communities and individuals.
(2) In calendar year 2006, volunteer pilots provided long-distance, no-cost transportation for more than 58,000 people during times of special need.
(b) Purpose.--The purpose of this title is to promote the activities of volunteer pilots that fly for public benefit and to sustain the availability of the services that such volunteers provide, including the following:
(1) Transportation at no cost to financially needy medical patients for medical treatment, evaluation, and diagnosis.
(2) Flights for humanitarian and charitable purposes.
(3) Other flights of compassion.
SEC. _13. LIABILITY PROTECTION FOR VOLUNTEER PILOTS THAT FLY
FOR PUBLIC BENEFIT.
Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 14503) is amended in subsection (a)(4)--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ``the harm'' and inserting ``(A) except in the case of subparagraph (B), the harm'';
(3) in subparagraph (A)(ii), as redesignated by this paragraph, by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following:
``(B) the volunteer--
``(i) was operating an aircraft to promote the activities of volunteer pilots that fly for public benefit and to sustain the availability of the services that such volunteers provide, including transportation at no cost to financially needy medical patients for medical treatment, evaluation, and diagnosis, and for humanitarian and charitable purposes; and
``(ii) was properly licensed and insured for the operation of such aircraft.''.
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