[Congressional Record Volume 147, Number 135 (Wednesday, October 10, 2001)]
[Senate]
[Pages S10463-S10474]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1854. Mr. HOLLINGS (for himself, Mr. McCain, Mrs. Hutchison, Mr.

[[Page S10464]]

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

       Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS

       (a) Short Title.--This Act may be cited as the ``Aviation 
     Security Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Transportation security function.
Sec. 4. Aviation Security Coordination Council.
Sec. 5. Improved flight deck integrity measurers.
Sec. 6. Deployment of Federal air marshals.
Sec. 7. Improved airport perimeter access security.
Sec. 8. Enhanced anti-hijacking training for flight crews.
Sec. 9. Passenger screening.
Sec. 10. Training and employment of security screening personnel.
Sec. 11. Suspension and removal.
Sec. 12. Research and development.
Sec. 13. Flight school security.
Sec. 14. Report to Congress on security.
Sec. 15. General aviation and air charters.
Sec. 16. Increased penalties for interference with security personnel.
Sec. 17. Security-related study by FAA.
Sec. 18. Air transportation arrangements in certain States.
Sec. 19. Airline computer reservation systems.
Sec. 20. Security funding.
Sec. 21. Increased funding flexibility for aviation security.
Sec. 22. Authorization of funds for reimbursement of airports for 
              security mandates.
Sec. 23. Definitions.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) The safety and security of the civil air transportation 
     system is critical to the United States' security and its 
     national defense.
       (2) A safe and secure United States civil air 
     transportation system is essential to the basic freedom of 
     Americans to move in instrastate, interstate, and 
     international transportation.
       (3) The terrorist hijackings and crashes of passenger 
     aircraft into guided bombs for strikes against civilian and 
     military targets requires the United States to change 
     fundamentally the way it approaches the task of ensuring the 
     safety and security of the civil air transportation system.
       (4) The existing fragmentation of responsibility for that 
     safety and security among government agencies and between 
     government and nongovernment entities is inefficient and 
     unacceptable in light of the hijackings and crashes on 
     September 11, 2001.
       (5) The General Accounting Office has recommended that 
     security functions and security personnel at United States 
     airports should become Federal government responsibility.
       (6) Although the number of Federal air marshals is 
     classified, their presence on both international and domestic 
     flights would have a deterrent effect on hijacking and would 
     further bolster public confidence in the safety of air 
     travel.
       (7) The effectiveness of existing security measures, 
     including employee background checks and passenger pre-
     screening, is impaired because of the inaccessibility of, or 
     the failure to share information among, data bases maintained 
     by different Federal and international agencies for criminal 
     behavior or pertinent intelligence information.

     SEC. 3. TRANSPORTATION SECURITY FUNCTION.

       (a) In General.--Section 102 of title 49, United States 
     Code, is amended--
       (1) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g); and
       (2) by inserting after subsection (c) the following:
       ``(d) Deputy Secretary for Transportation Security.
       ``(1) In general.--The Department has a Deputy Secretary 
     for Transportation Security, who shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Deputy Secretary for Transportation Security shall carry 
     out duties and powers prescribed by the Secretary relating to 
     security for all modes of transportation.
       ``(2) Aviation-related duties.--The Deputy Secretary--
       ``(A) is responsible for day-to-day Federal security 
     operations for the air transportation or intrastate air 
     transportation;
       ``(B) shall coordinate and direct as appropriate functions 
     and responsibilities of the Secretary of Transportation and 
     the Administrator of the Federal Aviation Administration 
     under chapter 449;
       ``(C) 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.
       ``(D) is responsible for hiring and training personnel to 
     provide security screening at all United States airports 
     involved in air transportation or intrastate air 
     transportation, in consultation with the Attorney General, 
     the Secretary of Defense, and the heads of other appropriate 
     Federal agencies and departments; and
       ``(E) shall actively cooperate and coordinate with the 
     Attorney General, 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 Secretary Coordination Council.''.
       (b) Review and Development of Ways To Strengthen 
     Security.--Section 44932(c) of title 49, United States Code, 
     is amended--
       (1) by striking ``x-ray'' in paragraph (4);
       (2) By striking ``and'' at the end of paragraph (4);
       (3) by striking ``passengers.'' in paragraph (5) and 
     inserting ``passengers;''; and
       (4) by adding at the end the following:
       ``(6) to strengthen and enhance the ability to detect 
     nonexplosive weapons, such as biological, chemical, or 
     similar substances; and
       ``(7) to evaluate such additional measures as may be 
     appropriate to enhance physical inspection of passengers, 
     luggage, and cargo.''.
       (c) Transition.--Until the Deputy Secretary for 
     Transportation Security takes office, the functions of the 
     Deputy Secretary that relate to aviation security shall be 
     carried out by the Assistant Administrator for Civil Aviation 
     Security of the Federal Aviation Administration.

     SEC. 4. AVIATION SECURITY COORDINATION COUNCIL.

       ``(a) In General.--Section 44911 of title 49, United States 
     Code, is amended at the end the following:
       ``(f) Aviation Security Coordination Council.
       ``(1) In general.--There is established an Aviation 
     Security Coordination Council.
       ``(2) Function.--The Council shall work with the 
     intelligence community to coordinate intelligence, security, 
     and criminal enforcement activities affecting the safety and 
     security of aviation at all United States airports and air 
     navigation facilities involved in air transportation or 
     intrastate air transportation.
       ``(3) Chair.--The Council shall be chaired by the Secretary 
     of Transportation or the Secretary's designee.
       ``(4) Membership.--The members of the Council are:
       ``(A) The Secretary of Transportation, or the Secretary's 
     designee.
       ``(B) The Attorney General, or the attorney General's 
     designee.
       ``(C) The Secretary of Defense, or the Secretary's 
     designee.
       ``(D) The Secretary of the Treasury, or the Secretary's 
     designee.
       ``(E) The Director of the Central Intelligence Agency, or 
     the Director's designee.
       ``(F) The head, or an officer or employee designated by the 
     head, of any other Federal agency the participation of which 
     is determined by the Secretary of Transportation, in 
     consultation with the Attorney General, to be appropriate.
       ``(g) Cross-checking Data Base Information.
       The Secretary of Transportation, acting through the 
     Aviation Security Coordination Council, shall--
       ``(1) explore the technical feasibility of developing a 
     common database of individuals who may pose a threat to 
     aviation or national security;
       ``(2) enter into memoranda of understanding with other 
     Federal agencies to share or otherwise cross-check data on 
     such individuals identified on Federal agency data bases, and 
     may utilize other available data bases as necessary; and
       ``(3) evaluate and assess technologies in development or 
     use at Federal departments, agencies, and instrumentalities 
     that might be useful in improving the safety and security of 
     aviation in the United States.''.
       (b) Policies and Procedures.--Section 44911(b) of title 49, 
     United States Code, is amended by striking ``international''.
       (c) Strategic Planning.--Section 44911(c) of title 49, 
     United States Code, is amended by striking ``consider 
     placing'' and inserting ``place''.

     SEC. 5. IMPROVED FLIGHT DECK INTEGRITY MEASURES.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall, as soon as possible after the date of 
     enactment of this Act, issue an order (without regard to the 
     provisions of chapter 5 of title 5, United States Code)--
       (1) prohibiting access to the flight deck of aircraft 
     engaged in passenger air transportation or intrastate air 
     transportation except to authorized personnel;
       (2) 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 
     bulkhead between the flight deck and the passenger area to 
     ensure that the door cannot be forced open from the passenger 
     compartment;
       (3) 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;
       (4) prohibit 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
       (5) take such other action, including modification of 
     safety and security procedures, as may be necessary to ensure 
     the safety and security of the aircraft.
       (b) Commuter Aircraft.--The Administrator shall investigate 
     means of securing, to the greatest feasible extent, the 
     flight deck of aircraft operating in air transportation or

[[Page S10465]]

     intrastate air transportation that do not have a rigid fixed 
     door with a lock between the passenger compartment and the 
     flight deck and issue such an order as the Administrator 
     deems appropriate (without regard to the provisions of 
     chapter 5 of title 5, United States Code) to ensure the 
     inaccessibility, to the greatest extent feasible, of the 
     flight deck while the aircraft is so engaged.

     SEC. 6. DEPLOYMENT OF FEDERAL AIR MARSHALS.

       (a) In General.--Section 44903(d) of title 49, United 
     States Code, is amended--
       (1) by inserting ``(1) before ``With''
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B); and
       (3) by adding at the end the following:
       ``(2) The Secretary--
       ``(A) may place Federal air marshals on every scheduled 
     passenger flight in air transportation and intrastate air 
     transportation; and
       ``(B) shall place them on every such flight determined by 
     the Secretary to present high security risks.
       (3) In making the determination under paragraph (2)(B), 
     nonstop longhaul flights, such as those targeted on September 
     11, 2001, should be a priority.''.
       (b) Deployment.--Within 30 days after the date of enactment 
     of this Act, the Secretary of Transportation, under the 
     authority of subsections (d) and (e) of section 44903 of 
     title 49, United States Code, shall--
       (1) provide for deployment of Federal air marshals on 
     flights in air transportation and intrastate air 
     transportation;
       (2) provide for appropriate background and fitness checks 
     for candidates for appointment as Federal air marshals;
       (3) provide for appropriate training, supervision, and 
     equipment of Federal air marshals; and
       (4) require air carriers to provide seating for Federal air 
     marshals on any flight without regard to the availability of 
     seats on that flight.
       (c) International Flights.--The Secretary shall work with 
     the International Civil Aviation Organization and with 
     appropriate civil aviation authorities of foreign governments 
     under section 44907 of title 49, United States Code, to 
     address security concerns on flights by foreign air carriers 
     to and from the United States.
       (d) Interim Measures.--The Secretary may, after 
     consultation with the heads of other Federal agencies and 
     departments, use personnel from those agencies and 
     departments to provide air marshal service on domestic and 
     international flights, and may use the authority provided by 
     section 324 of title 49, United States Code, for such 
     purpose.
       (e) Reports.
       (1) In general.--The Secretary of Transportation shall 
     submit the following reports in classified form, if 
     necessary, to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure:
       (A) Within 18 months after the date of enactment of this 
     Act, an assessment of the program carried out under section 
     44903(d) of title 49, United States Code.
       (B) Within 120 days after such date, an assessment of the 
     effectiveness of the security screening process for carry-on 
     baggage and checked baggage.
       (C) Within 6 months after the date of enactment of this 
     Act, an assessment of the safety and security-related 
     training provided to flight and cabin crews.
       (2) Recommendations.--The Secretary may submit, as part of 
     any report under this subsection or separately, any 
     recommendations the Secretary may have for improving the 
     effectiveness of the Federal air marshal program or the 
     security screening process.
       (f) Cooperation With Other Agencies.-- The last sentence of 
     section 106(m) of title 49, United States Code, is amended by 
     striking ``supplies and'' and inserting ``supplies, 
     personnel, services, and''.

     SEC. 7. IMPROVED AIRPORT PERIMETER ACCESS SECURITY.

       (a) In General.--Section 44903 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(h) Improved Airport Perimeter Access Security.
       ``(1) In general.--The Secretary of Transportation, in 
     consultation with the airport operator and law enforcement 
     authorities, may order the deployment of such personnel at 
     any secure area of the airport as necessary to counter the 
     risk of criminal violence, the risk of aircraft piracy at the 
     airport, the risk to air carrier aircraft operations at the 
     airport, or to meet national security concerns.
       ``(2) Security of aircraft and ground access to secure 
     areas.--In determining where to deploy such personnel, the 
     Secretary shall consider the physical security needs of air 
     traffic control facilities, parked aircraft, aircraft 
     servicing equipment, aircraft supplies (including fuel), 
     automobile parking facilities within airport perimeters or 
     adjacent to secured facilities, and access and transition 
     areas at airports served by other means of ground or water 
     transportation. The Secretary of Transportation, after 
     consultation with the Aviation Security Coordination Council, 
     shall consider whether airport, air carrier personnel, and 
     other individuals with access to such areas should be 
     screened to prevent individuals who present a risk to 
     aviation security or national security from gaining access to 
     such areas.
       ``(3) Deployment of federal law enforcement personnel.--The 
     Secretary of Transportation may enter into a memorandum of 
     understanding or other agreement with the Attorney General or 
     the head of any other appropriate Federal law enforcement 
     agency to deploy Federal law enforcement personnel at an 
     airport in order to meet aviation safety and security 
     concerns.''.
       (b) Small and Medium Airports.--The Administrator of the 
     Federal Aviation Administration shall develop a plan to 
     provide technical support to small and medium airports to 
     enhance security operations, including screening operations, 
     and to provide financial assistance to those airports to 
     defray the costs of enhancing security.
       (c) Chemical and Biological Weapon Detection.--Section 
     44903(c)(2)(C) of title 49, United States Code, is amended to 
     read as follows:
       ``(C) Maximum use of chemical and biological weapon 
     detection equipment.--The Secretary of Transportation shall 
     require airports to maximize the use of technology and 
     equipment that is designed to detect potential chemical or 
     biological weapons.''.
       (d) Improvement of Secured-Area Access Control.--Section 
     44903(g)(2) of title 49, United States Code, is amended--
       (1) by striking ``weaknesses by January 31, 2001;'' in 
     subparagraph (A) and inserting ``weaknesses'';
       (2) by striking subparagraph (D) and inserting the 
     following:
       ``(D) on an ongoing basis, assess and test for compliance 
     with access control requirements, report annually findings of 
     the assessments, report annually findings of the assessments, 
     and assess the effectiveness of penalties in ensuring 
     compliance with security procedures and take any other 
     appropriate enforcement actions when noncompliance is 
     found;'';
       (3) by striking ``program by January 31, 2001;'' in 
     subparagraph (F) and inserting ``program;''; and
       (4) by striking subparagraph (G) and inserting the 
     following:
       ``(G) work with airport operators to strengthen access 
     control points in secured areas (including air traffic 
     control operations areas, maintenance areas, crew lounges, 
     baggage handling areas, concessions, and catering delivery 
     areas) to ensure the security of passengers and aircraft and 
     consider the deployment of biometric or similar technologies 
     that identify individuals based on unique personal 
     characteristics.''.
       (e) Employment Investigations and Restrictions.--Section 
     44903(c) of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(3) The Administrator shall establish pilot programs in 
     no fewer than 20 airports to test and evaluate new and 
     emerging technology for providing access control and other 
     security protections for closed or secure areas of the 
     airports. Such technology may include biometric or other 
     technology that ensures only authorized access to secure 
     areas.''.
       (f) Airport Security Awareness Programs.--The Secretary of 
     Transportation shall require air carriers and airports 
     involved in air transportation or intrastate air 
     transportation to develop security awareness programs for 
     airport employees, ground crews, and other individuals 
     employed at such airports.

     SEC. 8. ENHANCED ANTI-HIJACKING TRAINING FOR FLIGHT CREWS.

       (a) In General.--The Secretary of Transportation shall 
     develop a mandatory air carrier program of training for 
     flight and cabin crews of aircraft providing air 
     transportation or intrastate air transportation in dealing 
     with attempts to commit aircraft piracy (as defined in 
     section 46502(a)(1)(A) of title 49, United States Code).
       (b) Notification Procedures.--The Administrator of the 
     Federal Aviation Administration shall revise the procedures 
     by which cabin crews of aircraft can notify flight deck crews 
     of security breaches and other emergencies and implement any 
     new measures as soon as practicable.

     SEC. 9. PASSENGER SCREENING.

       (a) In General.--Section 44901 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 44901. Screening passengers and property

       ``(a) In General.--The Secretary of Transportation, in 
     consultation with the Attorney General, shall provide for the 
     screening of all passengers and property, including United 
     States mail, that will be carried aboard an aircraft in air 
     transportation or intrastate air transportation. The 
     screening shall take place before boarding and, except as 
     provided in subsection (c), shall be carried out by a Federal 
     government employee (as defined in section 215 of title 5, 
     United States Code). In carrying out this subsection, the 
     Secretary shall maximize the use of available nonintrusive 
     and other inspection and detection technology that is 
     approved by the Administrator of the Federal Aviation 
     Administration for the purpose of screening passengers, 
     baggage, mail, or cargo.
       ``(b) Deployment of Armed Personnel.--
       ``(1) In general.--The Secretary of Transportation, in 
     consultation with the Attorney General, shall order the 
     deployment of law enforcement personnel authorized to carry 
     firearms at each airport security screening location to 
     ensure passenger safety and national security.
       ``(2) Minimum requirements.--Except at airports required to 
     enter into agreements

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     under subsection (c), the Secretary shall order the 
     deployment of at least 1 law enforcement officer at each 
     airport security screening location. At the 100 largest 
     airports in the United States, in terms of annual passenger 
     enplanements for the most recent calendar year for which data 
     are available, the Secretary shall order the deployment of 
     additional law enforcement personnel at airport security 
     screening locations if the Secretary determines that the 
     additional deployment is necessary to ensure passenger safety 
     and national security.''.
       ``(c) Security at Small Community Airports.--
       ``(1) Passenger screening.--In carrying out subsection (a) 
     and subsection (b)(1), the Secretary of Transportation, with 
     the approval of the Attorney General, may require any nonhub 
     airport (as defined in section 41731(a)(4)) or smaller 
     airport with scheduled passenger operations to enter into an 
     agreement under which screening of passengers and property 
     will be carried out by qualified, trained State or local law 
     enforcement personnel if--
       ``(A) the screening services are equivalent to the 
     screening services that would be carried out by Federal 
     personnel under subsection (a);
       ``(B) the training and evaluation of individuals conducting 
     the screening or providing security services meets the 
     standards set forth in section 44935 for training and 
     evaluation of Federal personnel conducting screening or 
     providing security services under subsection (a);
       ``(C) the airport is reimbursed by the United States, using 
     funds made available by the Aviation Security Act, for the 
     costs incurred in providing the required screening, training, 
     and evaluation; and
       ``(D) the Secretary has consulted the airport sponsor.
       ``(2) Determination of limited requirements.--The 
     Secretary, in consultation with the Attorney General, may 
     prescribe modified aviation security measures for a nonhub 
     airport if the Secretary determines that specific security 
     measures are not required at a nonhub airport at all hours of 
     airport operation because of--
       ``(A) the types of aircraft that use the airport;
       ``(B) seasonal variations in air traffic and types of 
     aircraft that use the airport; or
       ``(C) other factors that warrant modification of otherwise 
     applicable security requirements.
       ``(3) Additional federal security measures.--At any airport 
     required to enter into a reimbursement agreement under 
     paragraph (1), the Secretary and the Attorney General--
       ``(A) may provide or require additional security measures;
       ``(B) may conduct random security inspections; and
       ``(C) may provide assistance to enhance airport security at 
     that airport.
       ``(d) Manual Process.--
       ``(1) In general.--The Administrator shall require a manual 
     process, at explosive detection system screening locations in 
     airports where explosive detection equipment is 
     underutilized, which will augment the Computer Assisted 
     Passenger Prescreening System by randomly selecting 
     additional checked bags for screening so that a minimum 
     number of bags, as prescribed by the Administrator, are 
     examined.
       ``(2) Limitation on statutory construction.--Paragraph (1) 
     shall not be construed to limit the ability of the 
     Administrator to impose additional security measures when a 
     specific threat warrants such additional measures.
       ``(3) Maximum use of explosive detection equipment.--In 
     prescribing the minimum number of bags to be examined under 
     paragraph (1), the Administrator shall seek to maximize the 
     use of the explosive detection equipment.
       ``(e) Flexibility of Arrangements.--In carrying out 
     subsections (a), (b), and (c), the Secretary of 
     Transportation may use memoranda of understanding or other 
     agreements with the Attorney General or the heads of 
     appropriate Federal law enforcement agencies covering the 
     utilization and deployment of personnel of the Department of 
     Justice or such other agencies.''.
       ``(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 ``purposes of (i)''; and
       (2) by striking ``transportation;'' in subsection (b)(1)(A) 
     and inserting ``transportation, and (ii) providing security 
     screening services under section 44901(c) of title 49, United 
     States Code;''.
       ``(c) Transition.--The Secretary of Transportation shall 
     complete the full implementation of section 44901 of title 
     49, United States Code, as amended by subsection (a), as soon 
     as is practicable but in no event later than 9 months 
     after the date of enactment of this Act. The Secretary may 
     make or continue such arrangements, including arrangements 
     under the authority of sections 40110 and 40111 of that 
     title, for the screening of passengers and property under 
     that section as the Secretary determines necessary pending 
     full implementation of that section as so amended.

     SEC. 10. TRAINING AND EMPLOYMENT OF SECURITY SCREENING 
                   PERSONNEL.

       (a) In General.--Section 44935 of title 49, United States 
     Code, is amended--
       (1) by redesignating subsection (f) as subsection (i); and
       (2) by striking subsection (e) and inserting the following:
       ``(e) Security Screeners.--
       ``(1) Training program.--The Secretary of Transportation, 
     in consultation with the Attorney General, shall establish a 
     program for the hiring and training of security screening 
     personnel.
       ``(2) Hiring.
       ``(A) Qualifications.--The Secretary shall establish, 
     within 30 days after the date of enactment of the Aviation 
     Security Act, qualification standards for individuals to be 
     hired by the United States as security screening personnel. 
     Notwithstanding any provision of law to the contrary, those 
     standards shall, at a minimum, require an individual--
       ``(i) to have a satisfactory or better score on a Federal 
     security screening personnel selection examination;
       ``(ii) to have been a national of the United States, as 
     defined in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22)), for a minimum of 5 
     consecutive years;
       ``(iii) to have passed an examination for recent 
     consumption of a controlled substance;
       ``(iv) to meet, at a minimum, the requirements set forth in 
     subsection (f); and
       ``(v) to meet such other qualifications as the Secretary 
     may establish.
       ``(B) Background checks.--The Secretary shall require that 
     an individual to be hired as a security screener undergo an 
     employment investigation (including a criminal history record 
     check) under section 44936(a)(1).
       ``(C) Disqualification of individuals who present national 
     security risks.--The Secretary, in consultation with the 
     heads of other appropriate Federal agencies, shall establish 
     procedures, in addition to any background check conducted 
     under section 44936, to ensure that no individual who 
     presents a threat to national security is employed as a 
     security screener.
       ``(3) Examination; review of existing rules.--The Secretary 
     shall develop a security screening personnel examination for 
     use in determining the qualification of individuals seekings 
     employment as security screening personnel. The Secretary 
     shall also review, and revise as necessary, any standard, 
     rule, or regulation governing the employment of individuals 
     as security screening personnel.
       ``(f) Employment Standards for Screening Personnel.--
       ``(1) Screener requirements.--Notwithstanding any provision 
     of law to the contrary, an individual may not be employed as 
     a security screener unless that individual meets the 
     following requirements:
       ``(A) The individual shall possess a high school diploma, a 
     General Equivalency Diploma, or experience that the Secretary 
     has determined to have equipped the individual to perform the 
     duties of the position.
       ``(B) The individual shall possess basic aptitudes and 
     physical abilities including color perception, visual and 
     aural acuity, physical co-ordination, and motor skills to the 
     following standards:
       ``(i) Screeners operating screening equipment shall be able 
     to distinguish on the screening equipment monitor the 
     apporiate imaging standard specified by the Secretary. 
     Wherever the screening equipment system displays colors, the 
     operator shall be able to perceive each color.
       ``(ii) Screeners operating any screening equipment shall be 
     able to distinguish each color displayed on every type of 
     screening equipment and explain what each color signifies.
       ``(iii) Screeners shall be able to hear and respond to the 
     spoken voice and to audible alarms generated by screening 
     equipment in an active checkpoint environment.
       ``(iv) Screeners performing physical searches or other 
     related operations shall be able to efficiently and 
     thoroughly manipulate and handle such baggage, containers, 
     and other objects subject to security processing.
       ``(v) Screeners who perform pat-downs or hand-held metal 
     detector searches of individuals shall have sufficient 
     dexterity and capability to thoroughly conduct those 
     procedures over a individual's entire body.
       ``(C) The individual shall be able to read, speak, and 
     write English well enough to--
       ``(i) carry out written and oral instructions regarding the 
     proper performance of screening duties;
       ``(ii) read English language identification media, 
     credentials, airline tickets, and labels on items normally 
     encountered in the screening process;
       ``(iii) provide direction to and understand and answer 
     questions from English-speaking individuals undergoing 
     screening; and
       ``(iv) write incident reports and statements and log 
     entries into security records in the English language.
       ``(D) The individual shall have satisfactorily completed 
     all initial, recurrent, and appropriate specialized training 
     required by the security program, except as provided in 
     paragraph (2).
       ``(2) Exceptions.--An individual who has not completed the 
     training required by this section may be employed during the 
     on-the-job portion of training to perform functions if that 
     individual--
       ``(A) is closely supervised; and
       ``(B) does not make independent judgments as to whether 
     individuals or property may enter a sterile area or aircraft 
     without further inspection.
       ``(3) Remedial training.--No individual employed as a 
     security screener may perform a screening function after that 
     individual has failed an operational test related

[[Page S10467]]

     to that function until that individual has successfully 
     completed the remedial training specified in the security 
     program.
       ``(4) Annual proficiency review.--The Secretary shall 
     provide that an annual evaluation of each individual assigned 
     screening duties is conducted and documented. An individual 
     employed as a security screener may not continue to be 
     employed in that capacity unless the evaluation demonstrates 
     that the individual--
       ``(A) continues to meet all qualifications and standards 
     required to perform a screening function;
       ``(B) has a satisfactory record of performance and 
     attention to duty based on the standards and requirements in 
     the security program; and
       ``(C) demonstrates the current knowledge and skills 
     necessary to courteously, vigilantly, and effectively perform 
     screening functions.
       ``(5) Operational testing.--In addition to the annual 
     proficiency review conducted under paragraph (4), the 
     Secretary shall provide for the operational testing of such 
     personnel.
       ``(g) Training.--
       ``(1) Use of other agencies.--The Secretary of 
     Transportation shall enter into a memorandum of understanding 
     or other arrangement with the Attorney General, or any other 
     Federal agency or department with appropriate law enforcement 
     responsibilities, to provide personnel, resources, or other 
     forms of assistance in the training of security screening 
     personnel.
       ``(2) Training plan.--The Secretary shall, within 60 days 
     after the date of enactment of the Aviation Security Act, 
     develop a plan for the training of security screening 
     personnel. The plan shall, at a minimum, require that before 
     being deployed as a security screener, an individual--
       ``(A) has completed 40 hours of classroom instruction or 
     successfully completed a program that the Secretary 
     determines will train individuals to a level of proficiency 
     equivalent to the level that would be achieved by such 
     classroom instruction;
       ``(B) has completed 60 hours of on-the-job instruction; and
       ``(C) has successfully completed an on-the-job training 
     examination prescribed by the Secretary.
       ``(3) Equipment-specific training.--An individual employed 
     as a security screener may not use any security screening 
     device or equipment in the scope of that individual's 
     employment unless the individual has been trained on that 
     device or equipment and has successfully completed a test on 
     the use of the drive or equipment.
       ``(h) Technological Training.--The Secretary of 
     Transportation shall require training to ensure that 
     screeners are proficient in using the most up-to-date new 
     technology and to ensure their proficiency in recognizing new 
     threats and weapons. The Secretary shall make periodic 
     assessments to determine if there are dual use items and 
     inform security screening personnel of the existence of such 
     items. Current lists of dual use items shall be part of the 
     ongoing training for screeners. For purposes of this 
     subsection, the term `dual use' item means an item that may 
     seem harmless but that may be used as a weapon.''.
       (b) Conforming Amendments.--
       (1) Section 44936(a)(1)(A) is amended by inserting ``as a 
     security screener under section 44935(e) or a position'' 
     after ``a position''.
       (2) Section 44936(b) of title 49, United States Code, is 
     amended--
       (A) by inserting ``the Secretary,'' after ``subsection,'' 
     in paragraph (1); and
       (B) by striking ``An'' in paragraph (3) and inserting ``The 
     Secretary, an''.
       (c) Transition.--The Secretary of Transportation shall 
     complete the full implementation of section 44935(e), (f), 
     (g), and (h) of title 49, United States Code, as amended by 
     subsection (a), as soon as is practicable. The Secretary may 
     make or continue such arrangements for the training of 
     security screeners under that section as the Secretary 
     determines necessary pending full implementation of that 
     section as so amended.
       (d) Expedited Personnel Process.--
       (1) Authorization of employment.--The Secretary of 
     Transportation may appoint and fix the compensation of such a 
     number of individuals as may be necessary to carry out 
     section 44901 and 44903 of title 49, United States Code, in 
     accordance with the provisions of part III of title 5, United 
     States Code, without regard to any limitation on number of 
     employees imposed by any other law or Executive Order.
       (2) Strikes prohibited.--An individual employed as a 
     security screener is prohibited from particpating in a strike 
     or asserting the right to strike pursuant to section 7311(3) 
     or 7116(b)(7) of title 5.''.

     SEC. 11. SUSPENSION AND REMOVAL.

       (a) In General.--Notwithstanding provision of law to the 
     contrary, the Secretary of Transportation may suspend without 
     pay an individual employed as a security screener under title 
     49, United States Code, when the Secretary considers that 
     action necessary in the interests of national security or 
     because the screener has failed to perform screening duties 
     adequately. To the extent that the Secretary determines that 
     the interests of national security permit, the suspended 
     employee shall be notified of the reasons for the suspension. 
     Within 30 days after the notification, the suspended employee 
     is entitled to submit to the official desiganted by the 
     Secretary statements or affidavits to show why he should be 
     restored to duty.
       (b) Removal From Duty.--Subject to subsection (c) of this 
     section, the Secretary may remove an employee suspended under 
     subsection (a) of this section when, after such investigation 
     and review as he considers necessary, the Secretary 
     determines that removal is necessary or advisable in the 
     interests of national security or because the screener has 
     failed to perform screening duties adequately. The 
     determination of the Secretary is final.
       (c) Suspension.--An employee suspended under subsection (a) 
     of this section who--
       (1) had a permanent or indefinite appointment for at least 
     3 years;
       (2) has completed his probationary or trial period; and
       (3) is a citizen of the United States; is entitled, after 
     suspension and before removal, to--
       (A) a written statement of the charges against him within 
     30 days after suspension, which may be amended within 30 days 
     thereafter and which shall be stated as specifically as 
     security considerations permit;
       (B) an opportunity within 30 days thereafter, plus an 
     additional 30 days if the charges are amended, to answer the 
     charges and submit affidavits;
       (C) a hearing, at the request of the employee, by a 
     Department of Transportation authority duly constituted for 
     this purpose;
       (D) a review of his case by the Secretary or his designee, 
     before a decision adverse to the employee is made final; and
       (E) a written statement of the decision of the Secretary.
       (d) Prohibition of Re-deployment.--The Secretary may 
     prohibit any person suspended or removed under this section 
     from performing any function under this Act or under subtitle 
     VII of part A of title 49, United States Code.

     SEC. 12. RESEARCH AND DEVELOPMENT.

       Section 44912(b)(1) of title 49, United States Code, is 
     amended--
       (1) by striking ``complete an intensive review of'' and 
     inserting ``periodically review'';
       (2) by striking ``commercial aircraft in service and 
     expected to be in service in the 10-year period beginning on 
     November 16, 1990;'' in subparagraph (B) and inserting 
     ``aircraft in air transportation;''; and
       (3) by redesignating subparagraphs (D) through (F) as 
     subparagraphs (E) through (G), respectively, and inserting 
     after subparagraph (C) the following:
       ``(D) the potential release of chemical, biological, or 
     similar weapons or devices either within an aircraft or 
     within an airport;''.

     SEC. 13 FLIGHT SCHOOL SECURITY.

       (a) Prohibition.--Chapter 449 of title 49, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 44939. Training to operate jet-propelled aircraft

       ``(a) Prohibition.--No person subject to regulation under 
     this part may provide training in the operation of any jet-
     propelled aircraft to any alien (or other individual 
     specified by the Secretary of Transportation under this 
     section) within the United States unless the Attorney General 
     issues to that person a certification of the completion of a 
     background investigation of the alien under subsection (b).
       ``(b) Investigation.
       ``(1) Request.--Upon the joint request of a person subject 
     to regulation under this part and an alien (or individual 
     specified by the Secretary) for the purposes of this section, 
     the Attorney General shall----
       ``(A) carry out a background investigation of the alien or 
     individual within 30 days after the Attorney General receives 
     the request; and
       ``(B) upon completing the investigation, issue a 
     certification of the completion of the investigation to the 
     person.
       ``(2) Scope.--A background investigation of an alien or 
     individual under this subsection shall consist of the 
     following:
       ``(A) A determination of whether there is a record of a 
     criminal history for the alien or individual and, if so, a 
     review of the record.
       ``(B) A determination of the status of the alien under the 
     immigration laws of the United States.
       ``(C) A determination of whether the alien or individual 
     presents a national security risk to the United States.
       ``(3) Recurrent training.--The Attorney General shall 
     develop expedited procedures for requests that relate to 
     recurrent training of an alien or other individual for whom a 
     certification has previously been issued under paragraph (1).
       ``(c) Sanctions.--A person who violates subsection (a) 
     shall be subject to administrative sanctions that the 
     Secretary of Transportation shall prescribe in regulations. 
     The sanctions may include suspension and revocation of 
     licenses and certificates issued under this part.
       ``(d) Covered Training.--For the purposes of subsection 
     (a), training includes in-flight training, training in a 
     simulator, and any other form or aspect of training.
       ``(e) Reporting Requirement.--Each person subject to 
     regulation under this part that provides training in the 
     operation of any jet-propelled aircraft shall report to the 
     Secretary of Transportation, at such time and in such manner 
     as the Secretary may prescribe the name, address, and such 
     other information as the Secretary may require concerning--
       ``(1) each alien to whom such training is provided; and
       ``(2) every other individual to whom such training is 
     provided as the Secretary may require.

[[Page S10468]]

       ``(f) Alien Defined.--In this section, the term `alien' has 
     the meaning given the term in section 101(a)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``44939. Training to operate jet-propelled aircraft.''.
       (c) International Cooperation.--The Secretary of 
     Transportation, in consultation with the Secretary of State, 
     shall work with the International Civil Aviation Organization 
     and the civil aviation authorities of other countries to 
     improve international aviation security through screening 
     programs for flight instruction candidates.

     SEC. 14. REPORT TO CONGRESS ON SECURITY.

       Within 60 days after the date of enactment of this Act, the 
     Attorney General and the Secretary of Transportation shall 
     transmit a report to the Congress containing their joint 
     recommendations on additional measures for the Federal 
     government to address transportation security functions.

     SEC. 15. GENERAL AVIATION AND AIR CHARTERS.

       The Secretary of Transportation shall submit to the 
     Congress within 3 months after the date of enactment of this 
     Act is report on how to improve security with respect to 
     general aviation and air charter operations in the United 
     States.

     SEC. 16. INCREASED PENALTIES FOR INTERFERENCE WITH SECURITY 
                   PERSONNEL.

       (a) In General.--Chapter 465 of title 49, United States 
     Code, is amended by inserting after section 46502 the 
     following:

     ``Sec. 46503. Interference with security screening personnel

       ``An individual in an area within a commercial service 
     airport in the United States who, by assaulting or 
     intimidating a Federal, airport, or air carrier employee who 
     has security duties within the airport, interferes with the 
     performance of the duties of the employee or lessens the 
     ability of the employee to perform those duties, shall be 
     fined under title 18, imprisoned for not more than 10 years, 
     or both. If the individual used a dangerous weapon in 
     committing the assault, intimidation, or interference, the 
     individual may be imprisoned for any term of years or life 
     imprisonment.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     465 of such title is amended by inserting after the item 
     relating to section 46502 the following:
``46503. Interference with security screening personnel''.

     SEC. 17. SECURITY-RELATED STUDY BY FAA.

       Within 120 days after the date of enactment of this Act, 
     the Administrator of the Federal Aviation Administration 
     shall transmit to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure a report setting forth 
     the Administrator's findings and recommendations on the 
     following aviation security-related issues:
       (1) A requirement that individuals employed at an airport 
     with scheduled passenger service, and law enforcement 
     personnel at such an airport, be screened via electronic 
     identity verification or, until such verification is 
     possible, have their identity verified by visual inspection.
       (2) The installation of switches in the cabin for use by 
     cabin crew to notify the flight crew discreetly that there is 
     a security breach in the cabin.
       (3) A requirement that air carriers and airports revalidate 
     all employee identification cards using hologram stickers, 
     through card re-issuance, or through electronic revalidation.
       (4) The updating of the common strategy used by the 
     Administration, law enforcement agencies, air carriers, and 
     flight crews during hijackings to include measures to deal 
     with suicidal hijackers and other extremely dangerous events 
     not currently dealt with by the strategy.

     SEC. 18. AIR TRANSPORTATION ARRANGEMENTS IN CERTAIN STATES.

       (a) In General.--Notwithstanding any provision of section 
     41309(a) of title 49, United States Code, to the contrary, 
     air carriers providing air transportation on flights which 
     both originate and terminate at points within the same State 
     may file an agreement, request, modification, or cancellation 
     of an agreement within the scope of that section with the 
     Secretary of Transportation upon a declaration by the 
     Governor of the State that such agreement, request, 
     modification, or cancellation is necessary to ensure the 
     continuing availability of such air transportation within the 
     State.
       (b) Approval of Secretary.--The Secretary may approve any 
     such agreement, request, modification, or cancellation and 
     grant an exemption under section 41308(c) of title 49, United 
     States Code, to the extent necessary to effectuate such 
     agreement, request, modification, or cancellation, without 
     regard to the provisions of section 41309(b) or (c) of that 
     title.
       (c) Public Interest Requirement.--The Secretary may approve 
     such an agreement, request, modification, or cancellation if 
     the Secretary determines that--
       (1) the State to which it relates has extraordinary air 
     transportation needs and concerns; and
       (2) approval is in the public interest.
       (d) Termination.--An approval under subsection (b) and an 
     exemption under section 41308(c) of title 49, United States 
     Code, granted under subsection (b) shall terminate on the 
     earlier of the 2 following dates:
       (1) A date established by the Secretary in the Secretary's 
     discretion.
       (2) October 1, 2002.
       (e) Extension.--Notwithstanding subsection (d), if the 
     Secretary determines that it is in the public interest, the 
     Secretary may extend the termination date under subsection 
     (d)(2) until a date no later than October 1, 2003.

     SEC. 19. AIRLINE COMPUTER RESERVATION SYSTEMS.

       (a) In General.--In order to ensure that all airline 
     computer reservation systems maintained by United States air 
     carriers are secure from unauthorized access by persons 
     seeking information on reservations, passenger manifests, or 
     other non-public information, the Secretary of 
     Transportation shall require all such air carriers to 
     utilize the best technology available to secure their 
     computer reservation system against such unauthorized 
     access.
       (b) Report.--The Secretary shall transmit an annual report 
     to the Senate Committee on Commerce, Science, and 
     Transportation and to the House of Representatives Committee 
     on Transportation and Infrastructure to certify compliance by 
     United States air carriers with the requirements of 
     subsection (a).

     SEC. 20. SECURITY FUNDING.

       (a) User Fee for Security Services.
       (1) In general.--Chapter 481 is amended by adding at the 
     end thereof the following:

     ``Sec. 48114. User fee for security services charge

       ``(a) In General.--The Secretary of Transportation shall 
     collect a user fee from air carriers. Amounts collected under 
     this section shall be treated as offsetting collections to 
     offset the costs of providing aviation security services. The 
     amounts collected shall be immediately available to the 
     Secretary for obligation and expenditure for its activities, 
     and shall remain available in a revolving fund, to be 
     established by the Secretary, until expended.
       ``(b) Amount of Fee.--Air carriers shall remit $2.50 for 
     each passenger enplanement.''.
       (2) Clerical amendment.--The table of sections for chapter 
     481 is amended by adding at the end thereof the following:
``48114. User fee for security services''.
       (3) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to transportation beginning after 
     the date which is 180 days after the date of enactment of 
     this Act.
       (b) Specific Authorization of Appropriations.
       (1) In general.--Part C of subtitle VII of title 49, United 
     States Code, is amended by adding at the end the following:

               ``CHAPTER 483. AVIATION SECURITY FUNDING.

``Sec.
``48301. Aviation security funding

     Sec. 48301. Aviation security funding.

       ``There are authorized to be appropriated for fiscal years 
     2002, 2003, and 2004, such sums as may be necessary to carry 
     out chapter 449 and related aviation security activities 
     under this title.''.
       (2) Conforming amendment.--The subtitle analysis for 
     subtitle VII of title 49, United States Code, is amended by 
     inserting after the item relating to chapter 482 the 
     following:
``483. Aviation Security Funding...............................48301''.

     SEC. 21. INCREASED FUNDING FLEXIBILITY FOR AVIATION SECURITY.

       (a) Limited Use of Airport Improvement Program Funds.
       (1) Blanket Authority.--Notwithstanding any provision of 
     law to the contrary, including any provision of chapter 471 
     of title 49, United States Code, or any rule, regulation, or 
     agreement thereunder, for fiscal year 2002 the Administrator 
     of the Federal Aviation Administration may permit an airport 
     operator to use amounts made available under that chapter to 
     defray additional direct security-related expenses imposed by 
     law or rule after September 11, 2001, for which funds are not 
     otherwise specifically appropriated or made available under 
     this or any other Act.
       (2) Airport development funds.--Section 47102(3) of title 
     49, United States Code, is amended by adding at the end the 
     following:
       ``(J) after September 11, 2001, and before October 1, 2002, 
     for fiscal year 2002, additional operational requirements, 
     improvement of facilities, purchase and deployment of 
     equipment, hiring, training, and providing appropriate 
     personnel, or an airport or any aviation operator at an 
     airport, that the Secretary determines will enhance and 
     ensure the security of passengers and other persons 
     involved in air travel.''.
       (3) Allowable costs.--Section 47110(b)(2) of title 49, 
     United States Code, is amended--
       (A) by striking ``or'' in subparagraph (B);
       (B) by inserting ``or'' after ``executed;'' in subparagraph 
     (C); and
       (C) by adding at the end the following:
       ``(D) if the cost is incurred after September 11, 2001, for 
     a project described in section 47102(3)(J), and shall not 
     depend upon the date of execution of a grant agreement made 
     under this subchapter;''.
       (4) Discretionary grants.--Section 47115 of title 49, 
     United States Code, is amended by adding at the end the 
     following:
       ``(i) Considerations for Project Under Expanded Security 
     Eligibility.--In order to assure that funding under this 
     subchapter is provided to the greatest needs, the Secretary, 
     in selecting a project described in

[[Page S10469]]

     section 47102(3)(J) for a grant, shall consider the non-
     federal resources available to sponsor, the use of such non-
     federal resources, and the degree to which the sponsor is 
     providing increased funding for the project.''.
       (5) Federal share.--Section 47109(a) of title 49, United 
     States Code, is amended--
       (A) by striking ``and'' in paragraph (3);
       (B) by striking ``47134.'' in paragraph (4) and inserting 
     ``47134; and''; and
       (C) by adding at the end the following:
       ``(5) for fiscal year 2002, 100 percent for a project 
     described in section 47102(3)(J).''.
       (b) Apportioned Funds.--For the purpose of carrying out 
     section 47114 of title 49, United States Code, for fiscal 
     year 2003, the Secretary shall use, in lieu of passenger 
     boardings at an airport during the prior calendar year, the 
     greater of--
       (1) the number of passenger boardings at that airport 
     during 2000; or
       (2) the number of passenger boardings at that airport 
     during 2001.
       (c) Expedited Processing of Security-Related PFC 
     Requests.--The Administrator of the Federal Aviation 
     Administration shall, to the extent feasible, expedite the 
     processing and approval of passenger facility fee requests 
     under subchapter I of chapter 471 of title 49, United States 
     Code, for projects described in section 47192(3)(J) of title 
     49, United States Code.

     SEC. 22. AUTHORIZATION OF FUNDS FOR REIMBURSEMENT OF AIRPORTS 
                   FOR SECURITY MANDATES.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation such 
     sums as may be necessary for fiscal year 2002 to compensate 
     airport operators for eligible security costs.
       (b) Reimbursable Costs.--The Secretary may reimburse an 
     airport operator (from amounts made available for obligation 
     under subsection (a)) for the direct costs incurred by the 
     airport operator in complying with new, additional, or 
     revised security requirements imposed on airport operators by 
     the Federal Aviation Administration on or after September 11, 
     2001.
       (c) Documentation of Costs Audit.--The Secretary may not 
     reimburse an airport operator under this section for any cost 
     for which the airport operator does not demonstrate to the 
     satisfaction of the Secretary, using sworn financial 
     statements or other appropriate data, that--
       (1) the cost is eligible for reimbursement under subsection 
     (b); and
       (2) the cost was incurred by the airport operator.

     The Inspector General of the Department of Transportation and 
     the Comptroller General of the United States may audit such 
     statements and may request any other information that is 
     necessary to conduct such an audit.
       (d) Claim Procedure.--Within 30 days after the date of 
     enactment of this Act, the Secretary, after consultation with 
     airport operators, shall publish in the Federal Register the 
     procedures for filing claims for reimbursement under this 
     section of eligible costs incurred by airport operators.

     SEC. 23. DEFINITIONS.

       Except as otherwise explicitly provided, any term used in 
     this Act that is defined in section 40102 of title 49, United 
     States Code, has the meaning given that term in that section.
                                  ____

  SA 1855. Mr. DASCHLE (for Mrs. Carnahan (for herself, Mr. Daschle, 
Mr. Kennedy, Mrs. Murray, Ms. Cantwell, Mr. Fitzgerald, Mr. Brownback, 
Mr. Smith of Oregon, Mr. Dorgan, Mr. Dayton, Mr. Wyden, Mr. Wellstone, 
Mrs. Lincoln, Mr. Graham, and Mrs. Clinton)) 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:

                 TITLE __--DISPLACED WORKERS ASSISTANCE

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Displaced Workers 
     Assistance Act''.

     SEC. __2. DEFINITIONS.

       In this title:
       (1) Affected area.--The term ``affected area'' means an 
     area that the Secretary determines has a substantial number 
     of eligible employees.
       (2) Air carrier.--The term ``air carrier'' means an air 
     carrier that holds a certificate issued under chapter 411 of 
     title 49, United States Code.
       (3) COBRA continuation coverage.--The term ``COBRA 
     continuation coverage'' means coverage under a group health 
     plan provided by an employer pursuant to title XXII of the 
     Public Health Service Act (42 U.S.C. 300bb-1 et seq.), 
     section 4980B of the Internal Revenue Code of 1986, part 6 of 
     subtitle B of title I of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1161 et seq.), or section 
     8905a of title 5, United States Code.
       (4) Eligible employee.--The term ``eligible employee'' 
     means an individual who has become totally or partially 
     separated from employment with an air carrier, employment at 
     a facility at an airport, or employment with an upstream 
     producer or supplier for an air carrier, as a consequence 
     of--
       (A) reductions in service by an air carrier as a result of 
     a terrorist action or security measure, as determined by the 
     Secretary; or
       (B) a closure of an airport in the United States as a 
     result of a terrorist action or security measure, as 
     determined by the Secretary.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (6) Supplier.--The term ``supplier'' means a firm that 
     produces component parts for, or articles and contract 
     services considered to be a part of the production process or 
     services for, another firm.
       (7) Terrorist action or security measure.--The term 
     ``terrorist action or security measure'' means a terrorist 
     attack on the United States on September 11, 2001, or a 
     security measure taken in response to the attack.
       (8) Upstream producer.--The term ``upstream producer'' 
     means a firm that performs additional, value-added, 
     production processes, including firms that perform final 
     assembly, finishing, or packaging of articles, for another 
     firm.
       (9) Other terms.--Terms defined in section 247 of the Trade 
     Act of 1974 (19 U.S.C. 2319) shall have the meanings given 
     the terms in that section.

     SEC. __3. PETITIONS AND DETERMINATIONS.

       (a) Petitions.--A petition for a certification of 
     eligibility to apply for adjustment assistance under this 
     title may be filed with the Secretary by a group of employees 
     or by their certified or recognized union or other duly 
     authorized representative. The Secretary shall comply with 
     the notice requirements of section 221 of the Trade Act of 
     1974 (19 U.S.C. 2271) with respect to the petition.
       (b) Certification.--
       (1) In general.--The Secretary shall certify a group of 
     employees as eligible to apply for adjustment assistance 
     under this title if the Secretary determines that a 
     significant number or proportion of the employees in such 
     employees' firm or an appropriate subdivision of the firm are 
     eligible employees.
       (2) Certifications with and without petitions.--The 
     Secretary shall certify--
       (A) a group that files a petition under subsection (a) and 
     meets the requirements of paragraph (1); and
       (B) any other group that the Secretary determines meets 
     such requirements.
       (3) Other groups.--A group described in paragraph (2)(B) 
     shall be deemed to have filed a petition under subsection (a) 
     on the date of the certification, for purposes of this title 
     (other than subsections (a) and (c)).
       (c) Determinations.--
       (1) Petitioning groups.--As soon as possible after the date 
     on which a petition is filed under subsection (a), but in any 
     event not later than 60 days after that date, the Secretary 
     shall determine whether the petitioning group meets the 
     requirements of subsection (b)(1) and shall issue a 
     certification of eligibility to apply for adjustment 
     assistance under this title covering employees in any group 
     that meets such requirements.
       (2) Other groups.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall determine groups 
     of employees (other than petitioning groups) that meet the 
     requirements of subsection (b)(1) and shall issue a 
     certification of eligibility to apply for adjustment 
     assistance under this title covering employees in any group 
     that meets such requirements. In issuing the certifications, 
     not later than 30 days after the date of enactment of this 
     Act, the Secretary shall issue certifications covering all 
     employees of air carriers.
       (3) Procedures.--The Secretary shall issue and terminate 
     such certifications in accordance with section 223 of the 
     Trade Act of 1974 (19 U.S.C. 2273).
       (d) Information.--The Secretary shall provide the 
     information, assistance, and notice described in section 225 
     of the Trade Act of 1974 (19 U.S.C. 2275) with respect to 
     certifications made under subsection (b), and agreements 
     entered into and benefits available under this title.

     SEC. __4. PROGRAM BENEFITS.

       (a) Determinations.--The Secretary shall determine, with 
     respect to an eligible employee covered by a certification 
     issued by the Secretary under section __3, whether--
       (1) the employee is unlikely to return to the industry 
     involved;
       (2) the employee is likely to return to that industry, but 
     unlikely to return to the employee's previous occupation in 
     the industry; or
       (3) the employee is likely to return to that occupation.
       (b) Different Industry or Occupation.--If the Secretary 
     determines that an eligible employee described in subsection 
     (a) meets the requirements of paragraph (1) or (2) of 
     subsection (a) and engages in appropriate job search 
     activities, and that the employee and any training approved 
     by the Secretary for the employee meet the requirements of 
     paragraphs (1) and (3) of section 236(a) of the Trade Act of 
     1974 (19 U.S.C. 2296(a)), the employee shall be provided, in 
     the same manner and to the same extent as an employee covered 
     under a certification under subchapter A of chapter 2 of 
     title II of the Trade Act of 1974 (19 U.S.C. 2271), 1 or more 
     of the following:
       (1) Employment services described in section 235 of the 
     Trade Act of 1974 (19 U.S.C. 2295) (including, in the case of 
     an eligible employee in an affected area, employment services 
     provided through programs developed and conducted through 
     partnerships between public agencies, employers, and labor 
     organizations).
       (2) Training that consists of--

[[Page S10470]]

       (A) training (including supplemental assistance) described 
     in section 236 of the Trade Act of 1974 (19 U.S.C. 2296), 
     notwithstanding the provisions of section 236(a)(2) of such 
     Act (19 U.S.C. 2296(a)(2));
       (B) training for a position requiring different technical 
     skill than the original position; or
       (C) in the case of an eligible employee in an affected 
     area, training provided through programs developed and 
     conducted through partnerships between public agencies, 
     employers, and labor organizations.
       (3) Readjustment allowances described in sections 231 
     through 234 of the Trade Act of 1974 (19 U.S.C. 2291 et 
     seq.), except that--
       (A) an eligible employee is not required to enroll in 
     training to receive such an allowance; and
       (B)(i) section 233(a)(1) of the Trade Act of 1974 (19 
     U.S.C. 2293(a)(1)) shall be applied by substituting ``46'' 
     for ``52''; and
       (ii) no employee shall receive additional weeks of 
     assistance under section 233(a)(3) of such Act (19 U.S.C. 
     2293(a)(3)).
       (4) Job search allowances described in section 237 of the 
     Trade Act of 1974 (19 U.S.C. 2297).
       (c) Same Industry and Occupation.--If the Secretary 
     determines that an eligible employee described in subsection 
     (a) meets the requirements of subsection (a)(3), the employee 
     shall be provided, in the same manner and to the same extent 
     as an employee covered under a certification under subchapter 
     A of chapter 2 of title II of the Trade Act of 1974, 1 or 
     more of the following:
       (1) Employment services described in section 235 of the 
     Trade Act of 1974 (including, in the case of an eligible 
     employee in an affected area, employment services provided 
     through programs developed and conducted through partnerships 
     between public agencies, employers, and labor organizations).
       (2) Readjustment allowances described in sections 231 
     through 234 of the Trade Act of 1974, except that--
       (A) an eligible employee is not required to enroll in 
     training to receive such an allowance; and
       (B)(i) section 233(a)(1) of the Trade Act of 1974 shall be 
     applied by substituting ``46'' for ``52''; and
       (ii) no employee shall receive additional weeks of 
     assistance under section 233(a)(3) of such Act.
       (d) Employees Not Eligible for Unemployment Insurance.--An 
     eligible employee who is totally separated from employment in 
     a State who does not meet the requirements of paragraphs (2) 
     through (4) of section 231(a) of the Trade Act of 1974 (19 
     U.S.C. 2291(a)) shall be provided, under this title, only an 
     allowance, for a period of 26 weeks, in the amount of the 
     average weekly benefit received by an individual in the State 
     under the State unemployment insurance program during the 
     most recent 52-week period for which data are available.
       (e) COBRA Continuation Coverage.--
       (1) In general.--In the case of an individual who is 
     eligible for benefits under subsection (b) or (c), the 
     Secretary shall provide for payment of 100 percent of the 
     premiums for COBRA continuation coverage, not to exceed 52 
     weeks, with respect to such individual. Such payment may be 
     made through appropriate direct payment arrangements with the 
     group health plan or health insurance issuer involved. The 
     Secretary may require documentation of election of benefits 
     or proof of premium payment.
       (2) Extended election period.--Notwithstanding any other 
     provision of law, the election period for COBRA continuation 
     coverage with respect to any individual eligible for benefits 
     under subsection (b) or (c) shall not end earlier than 60 
     days after the date of the issuance of final regulations by 
     the Secretary under section __6.
       (f) Optional Temporary Medicaid Coverage for Uninsured 
     Eligible Employees.--
       (1) In general.--Notwithstanding any other provision of 
     law, a State may elect to provide, under its medicaid program 
     under title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.), medical assistance in the case of an individual who is 
     eligible for benefits under subsection (b) or (c), who is not 
     eligible for COBRA continuation coverage, and who is 
     uninsured. For purposes of this subsection, an individual is 
     considered to be uninsured if the individual is not covered 
     under a group health plan, health insurance coverage, or 
     under such program or a program under title XVIII or XXI of 
     such Act (42 U.S.C. 1395 et seq., 1397aa et seq.).
       (2) Limitation to 12 months of coverage.--Assistance under 
     this subsection shall end with respect to an individual on 
     the earlier of--
       (A) the date the individual is no longer uninsured; or
       (B) 12 months after the date the individual is first 
     determined to be eligible for medical assistance under this 
     subsection.
       (3) Special rules.--In the case of medical assistance 
     provided under this subsection--
       (A) the Federal medical assistance percentage under section 
     1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) shall 
     be 100 percent;
       (B) a State may elect to disregard any income, asset, or 
     resource limitation imposed under the State medicaid plan or 
     under title XIX of such Act;
       (C) such medical assistance shall not be provided for 
     periods before the date the individual is determined eligible 
     for such assistance;
       (D) a State may elect to make eligible for such assistance 
     a dependent spouse or children of an individual eligible for 
     medical assistance under paragraph (1), if such spouse or 
     children are uninsured; and
       (E) individuals eligible for medical assistance under this 
     subsection shall be deemed to be described in the list of 
     individuals described in the matter preceding paragraph (1) 
     of section 1905(a) of such Act (42 U.S.C. 1396d(a)).

     SEC. __5. ADMINISTRATION.

       The provisions of subchapter C of chapter 2 of title II of 
     the Trade Act of 1974 (19 U.S.C. 2311 et seq.) shall apply to 
     the administration of the program under this title in the 
     same manner and to the same extent as such provisions apply 
     to the administration of the program under subchapters A and 
     B of chapter 2 of title II of the Trade Act of 1974 (19 
     U.S.C. 2271 et seq., 2291 et seq.), except that--
       (1) the agreement between the Secretary and the States 
     described in section 239 of the Trade Act of 1974 (19 U.S.C. 
     2311) shall specify the procedures that will be used to carry 
     out the certification process under section __3, the 
     procedures for providing relevant data by the Secretary to 
     assist the States in making preliminary findings under 
     section __3, and the adjustment assistance described in 
     section __4;
       (2) the provisions of such subchapter C relating to 
     training shall not be applicable under this title; and
       (3) the provisions of such subchapter shall apply to COBRA 
     continuation coverage under section __4(e) to the extent 
     specified by the Secretary.

     SEC. __6. REGULATIONS.

       The Secretary--
       (1) may issue interim regulations to carry out this title, 
     notwithstanding chapters 5 and 7 of title 5, United States 
     Code; and
       (2) shall issue final regulations to carry out this title 
     in accordance with such chapters.

     SEC. __7. EVALUATION.

       (a) Study and Report.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a study of the program established under 
     this title and shall submit a report containing the results 
     of such study to Congress not later than 1 year after the 
     date of enactment of this Act.
       (2) Evaluation.--Such report shall include an evaluation 
     of--
       (A) the effectiveness of such program in aiding employees, 
     firms, and communities to adjust to changed economic 
     conditions resulting from terrorist actions or security 
     measures; and
       (B) the coordination of the administration of such program 
     and other Federal Government programs that provide 
     unemployment compensation and relief to depressed areas.
       (b) Assistance.--In carrying out this section, the 
     Comptroller General of the United States shall, to the extent 
     practical, obtain the assistance of the Secretary of Labor 
     and the Secretary of Commerce. The Secretary of Labor and the 
     Secretary of Commerce shall make available to the Comptroller 
     General of the United States any assistance necessary for an 
     effective evaluation of the program established under this 
     title.

     SEC. __8. APPLICATION AND CONSTRUCTION.

       (a) Application.--For purposes of applying provisions of 
     chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 
     2271 et seq.) under this title, references in such chapter--
       (1) to a worker shall be considered to be references to an 
     eligible employee;
       (2) to a benefit shall be considered to be references to 
     the corresponding benefit provided under this subsection to 
     an eligible employee;
       (3) to a provision of chapter 2 of title II of the Trade 
     Act of 1974 shall be considered to be references to the 
     corresponding provision of this title; and
       (4) to a threat of partial or total separation shall be 
     disregarded.
       (b) Provisions.--A reference in this title to a provision 
     of chapter 2 of title II of the Trade Act of 1974 shall be 
     considered to be a reference to that provision, as in effect 
     on the date of enactment of this Act.
       (c) Construction.--
       (1) No impact on trade adjustment assistance.--Nothing in 
     this title shall be construed to modify or affect title II of 
     the Trade Act of 1974 (19 U.S.C. 2251 et seq.).
       (2) No impact on existing agreements and benefits.--Nothing 
     in this title shall be construed to diminish the obligation 
     of an employer to comply with any collective bargaining 
     agreement or any employment benefit program or plan.

     SEC. __9. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated and 
     there is appropriated to carry out this title a total of 
     $1,900,000,000 for fiscal years 2002 and 2003.
       (b) Administration.--There are authorized to be 
     appropriated and there are appropriated such sums as may be 
     necessary for the administration of this title for fiscal 
     years 2002 and 2003 (but not more than $19,000,000).

     SEC. __10. CUSTOMS FEES.

       Section 13031(j)(3) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended 
     by inserting ``, except that such fees shall continue to be 
     charged under paragraphs (9) and (10) of such subsection 
     through May 30, 2005'' after ``September 30, 2003''.
                                  ____

  SA 1856. Mr. JEFFORDS submitted an amendment intended to be proposed

[[Page S10471]]

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.   . PREFERENCE IN EMPLOYMENT OF AIR MARSHALS OF COCKPIT 
                   CREW DISCHARGED OR FURLOUGHED FROM COMMERCIAL 
                   AIRLINES AFTER TERRORIST ATTACKS.

       Notwithstanding any other provision of law, in selecting, 
     appointing, and employing Air Marshals in satisfaction of the 
     requirements of section 6 of this Act, a preference shall be 
     afforded to individuals discharged or furloughed from 
     commercial airline cockpit crew positions due to reductions 
     in force by commercial airlines after the September 11, 2001, 
     terrorist attacks.
                                  ____

  SA 1857. 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. __. ENCOURAGING AIRLINE EMPLOYEES TO REPORT SUSPICIOUS 
                   ACTIVITIES.

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

     ``Sec. 44938. Immunity for reporting suspicious activities

       ``(a) In General.--Any air carrier or foreign air carrier 
     or any employee of an air carrier or foreign air carrier who 
     makes a voluntary disclosure of any suspicious transaction 
     relevant to a possible violation of law or regulation, 
     relating to air piracy, a threat to aircraft or passenger 
     safety, or terrorism, as defined by section 3077 of title 18, 
     United States Code, to any employee or agent of the 
     Department of Transportation, the Department of Justice, any 
     Federal, State, or local law enforcement officer, or any 
     airport or airline security officer shall not be civilly 
     liable to any person under any law or regulation of the 
     United States, any constitution, law, or regulation of any 
     State or political subdivision of any State, for such 
     disclosure.
       ``(b) Application.--Subsection (a) shall not apply to--
       ``(1) any disclosure made with actual knowledge that the 
     disclosure was false, inaccurate, or misleading; or
       ``(2) any disclosure made with reckless disregard as to the 
     truth or falsity of that disclosure.

     ``Sec. 44939. Sharing security risk information

       ``The Attorney General, in consultation with the Deputy 
     Secretary for Transportation Security and the Director of the 
     Federal Bureau of Investigation, shall establish procedures 
     for notifying the Administrator of the Federal Aviation 
     Administration, and airport or airline security officers, of 
     the identity of persons known or suspected by the Attorney 
     General to pose a risk of air piracy or terrorism or a threat 
     to airline or passenger safety.''.
       (b) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Attorney General shall report to 
     the Committee on Commerce, Science, and Transportation, the 
     House Committee on Transportation and Infrastructure, and 
     Judiciary Committees of the Senate and the House of 
     Representatives on the implementation of the procedures 
     required under section 44939 of title 49, United States Code, 
     as added by this section.
       (c) Chapter Analysis.--The chapter analysis for chapter 449 
     of title 49, United States Code, is amended by inserting at 
     the end the following:

``44938. Immunity for reporting suspicious activities.
``44939. Sharing security risk information.''.
                                  ____

  SA 1858. Mr. HOLLINGS (for Mr. Ensign) proposed an amendment to the 
bill S. 1447, to improve aviation security, and for other purposes; as 
follows:

       At the appropriate place in the section relating to air 
     marshals, insert the following subsection:
       (    ) Authority To Appoint Retired Law Enforcement 
     Officers.--Notwithstanding any other provision of law, the 
     Secretary of Transportation may appoint an individual who is 
     a retired law enforcement officer or a retired member of the 
     Armed Forces as a Federal air marshal, regardless of age, if 
     the individual otherwise meets the background and fitness 
     qualifications required for Federal air marshals.
                                  ____

  SA 1859. Mr. GRAMM proposed an amendment to amendment SA 1855 
proposed by Mr. Daschle to the bill (S. 1447) to improve aviation 
security, and for other purposes; as follows:

       At the appropriate place, insert the following:

             TITLE __--ARCTIC COASTAL PLAIN DOMESTIC ENERGY

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Arctic Coastal Plain 
     Domestic Energy Security Act of 2001''.

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Coastal plain.--The term ``Coastal Plain'' means that 
     area identified as such in the map entitled ``Arctic National 
     Wildlife Refuge'', dated August 1980, as referenced in 
     section 1002(b)(1) of the Alaska National Interest Lands 
     Conservation Act of 1980 (16 U.S.C. 3142(b)(1)), comprising 
     approximately 1,549,000 acres.
       (2) Secretary.--The term ``Secretary'', except as otherwise 
     provided, means the Secretary of the Interior or the 
     Secretary's designee.

     SEC. __03. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL 
                   PLAIN.

       (a) In General.--The Secretary shall take such actions as 
     are necessary--
       (1) to establish and implement in accordance with this 
     title a competitive oil and gas leasing program under the 
     Mineral Leasing Act (30 U.S.C. 181 et seq.) that will result 
     in an environmentally sound program for the exploration, 
     development, and production of the oil and gas resources of 
     the Coastal Plain; and
       (2) to administer the provisions of this title through 
     regulations, lease terms, conditions, restrictions, 
     prohibitions, stipulations, and other provisions that ensure 
     the oil and gas exploration, development, and production 
     activities on the Coastal Plain will result in no significant 
     adverse effect on fish and wildlife, their habitat, 
     subsistence resources, and the environment, and including, in 
     furtherance of this goal, by requiring the application of the 
     best commercially available technology for oil and gas 
     exploration, development, and production to all exploration, 
     development, and production operations under this title in a 
     manner that ensures the receipt of fair market value by the 
     public for the mineral resources to be leased.
       (b) Repeal.--Section 1003 of the Alaska National Interest 
     Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed.
       (c) Compliance With Requirements Under Certain Other 
     Laws.--
       (1) Compatibility.--For purposes of the National Wildlife 
     Refuge System Administration Act of 1966, the oil and gas 
     leasing program and activities authorized by this section in 
     the Coastal Plain are deemed to be compatible with the 
     purposes for which the Arctic National Wildlife Refuge was 
     established, and that no further findings or decisions are 
     required to implement this determination.
       (2) Adequacy of the department of the interior's 
     legislative environmental impact statement.--The ``Final 
     Legislative Environmental Impact Statement'' (April 1987) on 
     the Coastal Plain prepared pursuant to section 1002 of the 
     Alaska National Interest Lands Conservation Act of 1980 (16 
     U.S.C. 3142) and section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is 
     deemed to satisfy the requirements under the National 
     Environmental Policy Act of 1969 that apply with respect to 
     actions authorized to be taken by the Secretary to develop 
     and promulgate the regulations for the establishment of a 
     leasing program authorized by this title before the conduct 
     of the first lease sale.
       (3) Compliance with nepa for other actions.--Before 
     conducting the first lease sale under this title, the 
     Secretary shall prepare an environmental impact statement 
     under the National Environmental Policy Act of 1969 with 
     respect to the actions authorized by this title that are not 
     referred to in paragraph (2). Notwithstanding any other law, 
     the Secretary is not required to identify nonleasing 
     alternative courses of action or to analyze the environmental 
     effects of such courses of action. The Secretary shall only 
     identify a preferred action for such leasing and a single 
     leasing alternative, and analyze the environmental effects 
     and potential mitigation measures for those two alternatives. 
     The identification of the preferred action and related 
     analysis for the first lease sale under this title shall be 
     completed within 18 months after the date of the enactment of 
     this Act. The Secretary shall only consider public comments 
     that specifically address the Secretary's preferred action 
     and that are filed within 20 days after publication of an 
     environmental analysis. Notwithstanding any other law, 
     compliance with this paragraph is deemed to satisfy all 
     requirements for the analysis and consideration of the 
     environmental effects of proposed leasing under this title.
       (d) Relationship to State and Local Authority.--Nothing in 
     this title shall be considered to expand or limit State and 
     local regulatory authority.
       (e) Special Areas.--
       (1) In general.--The Secretary, after consultation with the 
     State of Alaska, the city of Kaktovik, and the North Slope 
     Borough, may designate up to a total of 45,000 acres of the 
     Coastal Plain as a Special Area if the Secretary determines 
     that the Special Area is of such unique character and 
     interest so as to require special management and regulatory 
     protection. The Secretary shall designate as such a Special 
     Area the Sadlerochit Spring area, comprising approximately 
     4,000 acres as depicted on the map referred to in section 
     __02(1).
       (2) Management.--Each such Special Area shall be managed so 
     as to protect and preserve the area's unique and diverse 
     character including its fish, wildlife, and subsistence 
     resource values.
       (3) Exclusion from leasing or surface occupancy.--The 
     Secretary may exclude any Special Area from leasing. If the 
     Secretary leases a Special Area, or any part thereof, for 
     purposes of oil and gas exploration, development, production, 
     and related activities, there shall be no surface occupancy 
     of the lands comprising the Special Area.

[[Page S10472]]

       (4) Directional drilling.--Notwithstanding the other 
     provisions of this subsection, the Secretary may lease all or 
     a portion of a Special Area under terms that permit the use 
     of horizontal drilling technology from sites on leases 
     located outside the area.
       (f) Limitation on Closed Areas.--The Secretary's sole 
     authority to close lands within the Coastal Plain to oil and 
     gas leasing and to exploration, development, and production 
     is that set forth in this title.
       (g) Regulations.--
       (1) In general.--The Secretary shall prescribe such 
     regulations as may be necessary to carry out this title, 
     including rules and regulations relating to protection of the 
     fish and wildlife, their habitat, subsistence resources, and 
     environment of the Coastal Plain, by no later than 15 months 
     after the date of the enactment of this Act.
       (2) Revision of regulations.--The Secretary shall 
     periodically review and, if appropriate, revise the rules and 
     regulations issued under subsection (a) to reflect any 
     significant biological, environmental, or engineering data 
     that come to the Secretary's attention.

     SEC. __04. LEASE SALES.

       (a) In General.--Lands may be leased pursuant to this title 
     to any person qualified to obtain a lease for deposits of oil 
     and gas under the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.).
       (b) Procedures.--The Secretary shall, by regulation, 
     establish procedures for--
       (1) receipt and consideration of sealed nominations for any 
     area in the Coastal Plain for inclusion in, or exclusion (as 
     provided in subsection (c)) from, a lease sale;
       (2) the holding of lease sales after such nomination 
     process; and
       (3) public notice of and comment on designation of areas to 
     be included in, or excluded from, a lease sale.
       (c) Lease Sale Bids.--Bidding for leases under this title 
     shall be by sealed competitive cash bonus bids.
       (d) Acreage Minimum in First Sale.--In the first lease sale 
     under this title, the Secretary shall offer for lease those 
     tracts the Secretary considers to have the greatest potential 
     for the discovery of hydrocarbons, taking into consideration 
     nominations received pursuant to subsection (b)(1), but in no 
     case less than 200,000 acres.
       (e) Timing of Lease Sales.--The Secretary shall--
       (1) conduct the first lease sale under this title within 22 
     months after the date of the enactment of this title; and
       (2) conduct additional sales so long as sufficient interest 
     in development exists to warrant, in the Secretary's 
     judgment, the conduct of such sales.

     SEC. __05. GRANT OF LEASES BY THE SECRETARY.

       (a) In General.--The Secretary may grant to the highest 
     responsible qualified bidder in a lease sale conducted 
     pursuant to section __04 any lands to be leased on the 
     Coastal Plain upon payment by the lessee of such bonus as may 
     be accepted by the Secretary.
       (b) Subsequent Transfers.--No lease issued under this title 
     may be sold, exchanged, assigned, sublet, or otherwise 
     transferred except with the approval of the Secretary. Prior 
     to any such approval the Secretary shall consult with, and 
     give due consideration to the views of, the Attorney General.

     SEC. __06. LEASE TERMS AND CONDITIONS.

       (a) In General.--An oil or gas lease issued pursuant to 
     this title shall--
       (1) provide for the payment of a royalty of not less than 
     12\1/2\ percent in amount or value of the production removed 
     or sold from the lease, as determined by the Secretary under 
     the regulations applicable to other Federal oil and gas 
     leases;
       (2) provide that the Secretary may close, on a seasonal 
     basis, portions of the Coastal Plain to exploratory drilling 
     activities as necessary to protect caribou calving areas and 
     other species of fish and wildlife;
       (3) require that the lessee of lands within the Coastal 
     Plain shall be fully responsible and liable for the 
     reclamation of lands within the Coastal Plain and any other 
     Federal lands that are adversely affected in connection with 
     exploration, development, production, or transportation 
     activities conducted under the lease and within the Coastal 
     Plain by the lessee or by any of the subcontractors or agents 
     of the lessee;
       (4) provide that the lessee may not delegate or convey, by 
     contract or otherwise, the reclamation responsibility and 
     liability to another person without the express written 
     approval of the Secretary;
       (5) provide that the standard of reclamation for lands 
     required to be reclaimed under this title shall be, as nearly 
     as practicable, a condition capable of supporting the uses 
     which the lands were capable of supporting prior to any 
     exploration, development, or production activities, or upon 
     application by the lessee, to a higher or better use as 
     approved by the Secretary;
       (6) contain terms and conditions relating to protection of 
     fish and wildlife, their habitat, and the environment as 
     required pursuant to section __03(a)(2);
       (7) provide that the lessee, its agents, and its 
     contractors use best efforts to provide a fair share, as 
     determined by the level of obligation previously agreed to in 
     the 1974 agreement implementing section 29 of the Federal 
     Agreement and Grant of Right of Way for the Operation of the 
     Trans-Alaska Pipeline, of employment and contracting for 
     Alaska Natives and Alaska Native Corporations from throughout 
     the State;
       (8) prohibit the export of oil produced under the lease; 
     and
       (9) contain such other provisions as the Secretary 
     determines necessary to ensure compliance with the provisions 
     of this title and the regulations issued under this title.
       (b) Project Labor Agreements.--The Secretary, as a term and 
     condition of each lease under this title and in recognizing 
     the Government's proprietary interest in labor stability and 
     in the ability of construction labor and management to meet 
     the particular needs and conditions of projects to be 
     developed under the leases issued pursuant to this title and 
     the special concerns of the parties to such leases, shall 
     require that the lessee and its agents and contractors 
     negotiate to obtain a project labor agreement for the 
     employment of laborers and mechanics on production, 
     maintenance, and construction under the lease.

     SEC. __07. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

       (a) No Significant Adverse Effect Standard To Govern 
     Authorized Coastal Plain Activities.--The Secretary shall, 
     consistent with the requirements of section __03, administer 
     the provisions of this title through regulations, lease 
     terms, conditions, restrictions, prohibitions, stipulations, 
     and other provisions that--
       (1) ensure the oil and gas exploration, development, and 
     production activities on the Coastal Plain will result in no 
     significant adverse effect on fish and wildlife, their 
     habitat, and the environment;
       (2) require the application of the best commercially 
     available technology for oil and gas exploration, 
     development, and production on all new exploration, 
     development, and production operations; and
       (3) ensure that the maximum amount of surface acreage 
     covered by production and support facilities, including 
     airstrips and any areas covered by gravel berms or piers for 
     support of pipelines, does not exceed 2,000 acres on the 
     Coastal Plain.
       (b) Site-Specific Assessment and Mitigation.--The Secretary 
     shall also require, with respect to any proposed drilling and 
     related activities, that--
       (1) a site-specific analysis be made of the probable 
     effects, if any, that the drilling or related activities will 
     have on fish and wildlife, their habitat, and the 
     environment;
       (2) a plan be implemented to avoid, minimize, and mitigate 
     (in that order and to the extent practicable) any significant 
     adverse effect identified under paragraph (1); and
       (3) the development of the plan shall occur after 
     consultation with the agency or agencies having jurisdiction 
     over matters mitigated by the plan.
       (c) Regulations To Protect Coastal Plain Fish and Wildlife 
     Resources, Subsistence Users, and the Environment.--Before 
     implementing the leasing program authorized by this title, 
     the Secretary shall prepare and promulgate regulations, lease 
     terms, conditions, restrictions, prohibitions, stipulations, 
     and other measures designed to ensure that the activities 
     undertaken on the Coastal Plain under this title are 
     conducted in a manner consistent with the purposes and 
     environmental requirements of this title.
       (d) Compliance With Federal and State Environmental Laws 
     and Other Requirements.--The proposed regulations, lease 
     terms, conditions, restrictions, prohibitions, and 
     stipulations for the leasing program under this title shall 
     require compliance with all applicable provisions of Federal 
     and State environmental law and shall also require the 
     following:
       (1) Standards at least as effective as the safety and 
     environmental mitigation measures set forth in items 1 
     through 29 at pages 167 through 169 of the ``Final 
     Legislative Environmental Impact Statement'' (April 1987) on 
     the Coastal Plain.
       (2) Seasonal limitations on exploration, development, and 
     related activities, where necessary, to avoid significant 
     adverse effects during periods of concentrated fish and 
     wildlife breeding, denning, nesting, spawning, and migration.
       (3) That exploration activities, except for surface 
     geological studies, be limited to the period between 
     approximately November 1 and May 1 each year and that 
     exploration activities shall be supported by ice roads, 
     winter trails with adequate snow cover, ice pads, ice 
     airstrips, and air transport methods, except that such 
     exploration activities may occur at other times, if--
       (A) the Secretary determines, after affording an 
     opportunity for public comment and review, that special 
     circumstances exist necessitating that exploration activities 
     be conducted at other times of the year; and
       (B) the Secretary finds that such exploration will have no 
     significant adverse effect on the fish and wildlife, their 
     habitat, and the environment of the Coastal Plain.
       (4) Design safety and construction standards for all 
     pipelines and any access and service roads, that--
       (A) minimize, to the maximum extent possible, adverse 
     effects upon the passage of migratory species such as 
     caribou; and
       (B) minimize adverse effects upon the flow of surface water 
     by requiring the use of culverts, bridges, and other 
     structural devices.
       (5) Prohibitions on public access and use on all pipeline 
     access and service roads.
       (6) Stringent reclamation and rehabilitation requirements, 
     consistent with the standards set forth in this title, 
     requiring the removal from the Coastal Plain of all oil

[[Page S10473]]

     and gas development and production facilities, structures, 
     and equipment upon completion of oil and gas production 
     operations, except that the Secretary may exempt from the 
     requirements of this paragraph those facilities, structures, 
     or equipment that the Secretary determines would assist in 
     the management of the Arctic National Wildlife Refuge and 
     that are donated to the United States for that purpose.
       (7) Appropriate prohibitions or restrictions on access by 
     all modes of transportation.
       (8) Appropriate prohibitions or restrictions on sand and 
     gravel extraction.
       (9) Consolidation of facility siting.
       (10) Appropriate prohibitions or restrictions on use of 
     explosives.
       (11) Avoidance, to the extent practicable, of springs, 
     streams, and river system; the protection of natural surface 
     drainage patterns, wetlands, and riparian habitats; and the 
     regulation of methods or techniques for developing or 
     transporting adequate supplies of water for exploratory 
     drilling.
       (12) Avoidance or reduction of air traffic-related 
     disturbance to fish and wildlife.
       (13) Treatment and disposal of hazardous and toxic wastes, 
     solid wastes, reserve pit fluids, drilling muds and cuttings, 
     and domestic wastewater, including an annual waste management 
     report, a hazardous materials tracking system, and a 
     prohibition on chlorinated solvents, in accordance with 
     applicable Federal and State environmental law.
       (14) Fuel storage and oil spill contingency planning.
       (15) Research, monitoring, and reporting requirements.
       (16) Field crew environmental briefings.
       (17) Avoidance of significant adverse effects upon 
     subsistence hunting, fishing, and trapping by subsistence 
     users.
       (18) Compliance with applicable air and water quality 
     standards.
       (19) Appropriate seasonal and safety zone designations 
     around well sites, within which subsistence hunting and 
     trapping shall be limited.
       (20) Reasonable stipulations for protection of cultural and 
     archeological resources.
       (21) All other protective environmental stipulations, 
     restrictions, terms, and conditions deemed necessary by the 
     Secretary.
       (e) Considerations.--In preparing and promulgating 
     regulations, lease terms, conditions, restrictions, 
     prohibitions, and stipulations under this section, the 
     Secretary shall consider the following:
       (1) The stipulations and conditions that govern the 
     National Petroleum Reserve-Alaska leasing program, as set 
     forth in the 1999 Northeast National Petroleum Reserve-Alaska 
     Final Integrated Activity Plan/Environmental Impact 
     Statement.
       (2) The environmental protection standards that governed 
     the initial Coastal Plain seismic exploration program under 
     parts 37.31 to 37.33 of title 50, Code of Federal 
     Regulations.
       (3) The land use stipulations for exploratory drilling on 
     the KIC-ASRC private lands that are set forth in Appendix 2 
     of the August 9, 1983, agreement between Arctic Slope 
     Regional Corporation and the United States.
       (f) Facility Consolidation Planning.--
       (1) In general.--The Secretary shall, after providing for 
     public notice and comment, prepare and update periodically a 
     plan to govern, guide, and direct the siting and construction 
     of facilities for the exploration, development, production, 
     and transportation of Coastal Plain oil and gas resources.
       (2) Objectives.--The plan shall have the following 
     objectives:
       (A) Avoiding unnecessary duplication of facilities and 
     activities.
       (B) Encouraging consolidation of common facilities and 
     activities.
       (C) Locating or confining facilities and activities to 
     areas that will minimize impact on fish and wildlife, their 
     habitat, and the environment.
       (D) Utilizing existing facilities wherever practicable.
       (E) Enhancing compatibility between wildlife values and 
     development activities.

     SEC. __08. EXPEDITED JUDICIAL REVIEW.

       (a) Filing of Complaint.--
       (1) Deadline.--Subject to paragraph (2), any complaint 
     seeking judicial review of any provision of this title or any 
     action of the Secretary under this title shall be filed in 
     any appropriate district court of the United States--
       (A) except as provided in subparagraph (B), within the 90-
     day period beginning on the date of the action being 
     challenged; or
       (B) in the case of a complaint based solely on grounds 
     arising after such period, within 90 days after the 
     complainant knew or reasonably should have known of the 
     grounds for the complaint.
       (2) Venue.--Any complaint seeking judicial review of an 
     action of the Secretary under this title may be filed only in 
     the United States Court of Appeals for the District of 
     Columbia.
       (3) Limitation on scope of certain review.--Judicial review 
     of a Secretarial decision to conduct a lease sale under this 
     title, including the environmental analysis thereof, shall be 
     limited to whether the Secretary has complied with the terms 
     of this title and shall be based upon the administrative 
     record of that decision. The Secretary's identification of a 
     preferred course of action to enable leasing to proceed and 
     the Secretary's analysis of environmental effects under this 
     title shall be presumed to be correct unless shown otherwise 
     by clear and convincing evidence to the contrary.
       (b) Limitation on Other Review.--Actions of the Secretary 
     with respect to which review could have been obtained under 
     this section shall not be subject to judicial review in any 
     civil or criminal proceeding for enforcement.

     SEC. __09. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.

       (a) Exemption.--Title XI of the Alaska National Interest 
     Lands Conservation Act of 1980 (16 U.S.C. 3161 et seq.) shall 
     not apply to the issuance by the Secretary under section 28 
     of the Mineral Leasing Act (30 U.S.C. 185) of rights-of-way 
     and easements across the Coastal Plain for the transportation 
     of oil and gas.
       (b) Terms and Conditions.--The Secretary shall include in 
     any right-of-way or easement referred to in subsection (a) 
     such terms and conditions as may be necessary to ensure that 
     transportation of oil and gas does not result in a 
     significant adverse effect on the fish and wildlife, 
     subsistence resources, their habitat, and the environment of 
     the Coastal Plain, including requirements that facilities be 
     sited or designed so as to avoid unnecessary duplication of 
     roads and pipelines.
       (c) Regulations.--The Secretary shall include in 
     regulations under section __03(g) provisions granting rights-
     of-way and easements described in subsection (a) of this 
     section.

     SEC. __10. CONVEYANCE.

       In order to maximize Federal revenues by removing clouds on 
     title to lands and clarifying land ownership patterns within 
     the Coastal Plain, the Secretary, notwithstanding the 
     provisions of section 1302(h)(2) of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall 
     convey--
       (1) to the Kaktovik Inupiat Corporation the surface estate 
     of the lands described in paragraph 2 of Public Land Order 
     6959, to the extent necessary to fulfill the Corporation's 
     entitlement under section 12 of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1611); and
       (2) to the Arctic Slope Regional Corporation the subsurface 
     estate beneath such surface estate pursuant to the August 9, 
     1983, agreement between the Arctic Slope Regional Corporation 
     and the United States of America.

     SEC. __11. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE 
                   ASSISTANCE.

       (a) Financial Assistance Authorized.--
       (1) In general.--The Secretary may use amounts available 
     from the Coastal Plain Local Government Impact Aid Assistance 
     Fund established by subsection (d) to provide timely 
     financial assistance to entities that are eligible under 
     paragraph (2) and that are directly impacted by the 
     exploration for or production of oil and gas on the Coastal 
     Plain under this title.
       (2) Eligible entities.--The North Slope Borough, Kaktovik, 
     and other boroughs, municipal subdivisions, villages, and any 
     other community organized under Alaska State law shall be 
     eligible for financial assistance under this section.
       (b) Use of Assistance.--Financial assistance under this 
     section may be used only for--
       (1) planning for mitigation of the potential effects of oil 
     and gas exploration and development on environmental, social, 
     cultural, recreational and subsistence values;
       (2) implementing mitigation plans and maintaining 
     mitigation projects; and
       (3) developing, carrying out, and maintaining projects and 
     programs that provide new or expanded public facilities and 
     services to address needs and problems associated with such 
     effects, including firefighting, police, water, waste 
     treatment, medivac, and medical services.
       (c) Application.--
       (1) In general.--Any community that is eligible for 
     assistance under this section may submit an application for 
     such assistance to the Secretary, in such form and under such 
     procedures as the Secretary may prescribe by regulation.
       (2) North slope borough communities.--A community located 
     in the North Slope Borough may apply for assistance under 
     this section either directly to the Secretary or through the 
     North Slope Borough.
       (3) Application assistance.--The Secretary shall work 
     closely with and assist the North Slope Borough and other 
     communities eligible for assistance under this section in 
     developing and submitting applications for assistance under 
     this section.
       (d) Establishment of Fund.--
       (1) In general.--There is established in the Treasury the 
     Coastal Plain Local Government Impact Aid Assistance Fund.
       (2) Use.--Amounts in the fund may be used only for 
     providing financial assistance under this section.
       (3) Deposits.--Subject to paragraph (4), there shall be 
     deposited into the fund amounts received by the United States 
     as revenues derived from rents, bonuses, and royalties under 
     leases and lease sales authorized under this title.
       (4) Limitation on deposits.--The total amount in the fund 
     may not exceed $10,000,000.
       (5) Investment of balances.--The Secretary of the Treasury 
     shall invest amounts in the fund in interest bearing 
     government securities.

[[Page S10474]]

       (e) Authorization of Appropriations.--To provide financial 
     assistance under this section there is authorized to be 
     appropriated to the Secretary from the Coastal Plain Local 
     Government Impact Aid Assistance Fund $5,000,000 for each 
     fiscal year.

     SEC. __12. REVENUE ALLOCATION.

       (a) Federal and State Distribution.--
       (1) In general.--Notwithstanding section __04 of this 
     title, the Mineral Leasing Act (30 U.S.C. 181 et. seq.), or 
     any other law, of the amount of adjusted bonus, rental, and 
     royalty revenues from oil and gas leasing and operations 
     authorized under this title--
       (A) 50 percent shall be paid to the State of Alaska; and
       (B) the balance shall be deposited into the Renewable 
     Energy Technology Investment Fund and the Royalties 
     Conservation Fund as provided in this section.
       (2) Adjustments.--Adjustments to bonus, rental, and royalty 
     amounts from oil and gas leasing and operations authorized 
     under this title shall be made as necessary for overpayments 
     and refunds from lease revenues received in current or 
     subsequent periods before distribution of such revenues 
     pursuant to this section.
       (3) Timing of payments to state.--Payments to the State of 
     Alaska under this section shall be made semiannually.
       (b) Renewable Energy Technology Investment Fund.--
       (1) Establishment and availability.--There is hereby 
     established in the Treasury of the United States a separate 
     account which shall be known as the ``Renewable Energy 
     Technology Investment Fund''.
       (2) Deposits.--Fifty percent of adjusted revenues from 
     bonus payments for leases issued under this title shall be 
     deposited into the Renewable Energy Technology Investment 
     Fund.
       (3) Use, generally.--Subject to paragraph (4), funds 
     deposited into the Renewable Energy Technology Investment 
     Fund shall be used by the Secretary of Energy to finance 
     research grants, contracts, and cooperative agreements and 
     expenses of direct research by Federal agencies, including 
     the costs of administering and reporting on such a program of 
     research, to improve and demonstrate technology and develop 
     basic science information for development and use of 
     renewable and alternative fuels including wind energy, solar 
     energy, geothermal energy, and energy from biomass. Such 
     research may include studies on deployment of such technology 
     including research on how to lower the costs of introduction 
     of such technology and of barriers to entry into the market 
     of such technology.
       (4) Use for adjustments and refunds.--If for any 
     circumstances, adjustments or refunds of bonus amounts 
     deposited pursuant to this title become warranted, 50 percent 
     of the amount necessary for the sum of such adjustments and 
     refunds may be paid by the Secretary from the Renewable 
     Energy Technology Investment Fund.
       (5) Consultation and coordination.--Any specific use of the 
     Renewable Energy Technology Investment Fund shall be 
     determined only after the Secretary of Energy consults and 
     coordinates with the heads of other appropriate Federal 
     agencies.
       (6) Reports.--Not later than 1 year after the date of the 
     enactment of this Act and on an annual basis thereafter, the 
     Secretary of Energy shall transmit to the Committee on 
     Science of the House of Representatives and the Committee on 
     Energy and Natural Resources of the Senate a report on the 
     use of funds under this subsection and the impact of and 
     efforts to integrate such uses with other energy research 
     efforts.
       (c) Royalties Conservation Fund.--
       (1) Establishment and availability.--There is hereby 
     established in the Treasury of the United States a separate 
     account which shall be known as the ``Royalties Conservation 
     Fund''.
       (2) Deposits.--Fifty percent of revenues from rents and 
     royalty payments for leases issued under this title shall be 
     deposited into the Royalties Conservation Fund.
       (3) Use, generally.--Subject to paragraph (4), funds 
     deposited into the Royalties Conservation Fund--
       (A) may be used by the Secretary of the Interior and the 
     Secretary of Agriculture to finance grants, contracts, 
     cooperative agreements, and expenses for direct activities of 
     the Department of the Interior and the Forest Service to 
     restore and otherwise conserve lands and habitat and to 
     eliminate maintenance and improvements backlogs on Federal 
     lands, including the costs of administering and reporting on 
     such a program; and
       (B) may be used by the Secretary of the Interior to finance 
     grants, contracts, cooperative agreements, and expenses--
       (i) to preserve historic Federal properties;
       (ii) to assist States and Indian Tribes in preserving their 
     historic properties;
       (iii) to foster the development of urban parks; and
       (iv) to conduct research to improve the effectiveness and 
     lower the costs of habitat restoration.
       (4) Use for adjustments and refunds.--If for any 
     circumstances, refunds or adjustments of royalty and rental 
     amounts deposited pursuant to this title become warranted, 50 
     percent of the amount necessary for the sum of such 
     adjustments and refunds may be paid from the Royalties 
     Conservation Fund.
       (d) Availability.--Moneys covered into the accounts 
     established by this section--
       (1) shall be available for expenditure only to the extent 
     appropriated therefor;
       (2) may be appropriated without fiscal-year limitation; and
       (3) may be obligated or expended only as provided in this 
     section.
                                  ____

  SA 1860. Mr. McCAIN (for Ms. Snowe) proposed an amendment to the bill 
S. 1447, to improve aviation security, and for other purposes; as 
follows:

       On page 5, line 13, strike the closing quotation marks and 
     the second period.
       On page 5, between lines 13 and 14, insert the following:
       ``(3) National emergency responsibilities.--Subject to the 
     direction and control of the Secretary, the Deputy Secretary 
     shall have the following responsibilities:
       ``(A) To coordinate domestic transportation during a 
     national emergency, including aviation, rail, and other 
     surface transportation, and maritime transportation 
     (including port security).
       ``(B) To coordinate and oversee during a national emergency 
     the transportation-related responsibilities of other 
     departments and agencies of the Federal Government other than 
     the Department of Defense and the military departments.
       ``(C) To establish uniform national standards and practices 
     for transportation during a national emergency.
       ``(D) To coordinate and provide notice to other departments 
     and agencies of the Federal Government, and appropriate 
     agencies of State and local governments, including 
     departments and agencies for transportation, law enforcement, 
     and border control, about threats to transportation during a 
     national emergency.
       ``(E) To carry out such other duties, and exercise such 
     other powers, relating to transportation during a national 
     emergency as the Secretary of Transportation shall prescribe.
       ``(4) Relationship to other transportation authority.--The 
     authority of the Deputy Secretary under paragraph (3) to 
     coordinate and oversee transportation and transportation-
     related responsibilities during a national emergency shall 
     not supersede the authority of any other department or agency 
     of the Federal Government under law with respect to 
     transportation or transportation-related matters, whether or 
     not during a national emergency.
       ``(5) Annual report.--The Deputy Secretary shall submit to 
     the Congress on an annual basis a report on the activities of 
     the Deputy Secretary under paragraph (3) during the preceding 
     year.
       ``(6) National emergency.--The Secretary of Transportation 
     shall prescribe the circumstances constituting a national 
     emergency for purposes of paragraph (3).''.

                          ____________________