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Full Text of this Amendment

SA 106. Mr. UDALL of New Mexico submitted an amendment intended to be proposed by him to the bill S. 223, to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes; which was ordered to lie on the table; as follows:

On page 2, strike line 7 and all that follows through line 15 and insert the following:
(1) The County shall agree that in conveying any interest in the land that the United States conveyed to the County by the deed described in subsection (a), the County shall receive an amount for the interest that is equal to or greater than the fair market value.
(2) Any amount received by the County for the conveyance shall be used by the County for the development, improvement, operation, or maintenance of the airport.
SEC. __X. PRIVACY PROTECTIONS FOR AIRCRAFT PASSENGER SCREENING WITH ADVANCED IMAGING TECHNOLOGY.
(a) In General.--Section 44901 is amended by adding at the end the following:
"(l) Limitations on Use of Advanced Imaging Technology for Screening Passengers.--
"(1) IN GENERAL.--The Assistant Secretary of Homeland Security (Transportation Security Administration) shall ensure that advanced imaging technology is used for the screening of passengers under this section only in accordance with this subsection.
"(2) IMPLEMENTATION OF AUTOMATED TARGET RECOGNITION SOFTWARE.--Beginning January 1, 2012, all advanced imaging technology used as a primary screening method for passengers shall be equipped with automatic target recognition software.
"(3) DEFINITIONS.--In this subsection:
"(A) ADVANCED IMAGING TECHNOLOGY.--The term `advanced imaging technology'--
"(i) means a device that creates a visual image of an individual showing the surface of the skin and revealing other objects on the body; and
"(ii) may include devices using backscatter x-rays or millimeter waves and devices referred to as `whole-body imaging technology' or `body scanning'.
"(B) AUTOMATIC TARGET RECOGNITION SOFTWARE.--The term `automatic target recognition software' means software installed on an advanced imaging technology machine that produces a generic image of the individual being screened that is the same as the images produced for all other screened individuals.
"(C) PRIMARY SCREENING.--The term `primary screening' means the initial examination of any passenger at an airport checkpoint, including using available screening technologies to detect weapons, explosives, narcotics, or other indications of unlawful action, in order to determine whether to clear the passenger to board an aircraft or to further examine the passenger.".
(b) Report.--
(1) IN GENERAL.--Not later than March 1, 2012, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall submit to the appropriate congressional committees a report on the implementation of section 44901(l) of title 49, United States Code, as added by subsection (a).
(2) ELEMENTS.--The report required by paragraph (1) shall include the following:
(A) A description of all matters the Assistant Secretary considers relevant to the implementation of such section.
(B) The status of the compliance of the Transportation Security Administration with the provisions of such section.
(C) If the Administration is not in full compliance with such provisions--
(i) the reasons for such non-compliance; and
(ii) a timeline depicting when the Assistant Secretary expects the Administration to achieve full compliance.
(3) SECURITY CLASSIFICATION.--The report required by paragraph (1) shall be submitted, to the greatest extent practicable, in an unclassified format, with a classified annex, if necessary.
(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.--In this subsection, the term "appropriate congressional committees" means--
(A) the Committee on Commerce, Science, and Transportation and Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of Representatives.


(As printed in the Congressional Record for the Senate on Feb 17, 2011.)