[Congressional Record Volume 149, Number 86 (Thursday, June 12, 2003)]
[Senate]
[Pages S7847-S7859]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 886. Mr. CAMPBELL proposed an amendment to the bill S. 14, to 
enhance the energy security of the United States, and for other 
purposes; as follows:

       Page 101, strike line 1 and all that follows through page 
     128, line 24, and insert:
       ``(4) electrify Indian tribal land and the homes of tribal 
     members.''
       (b) Conforming Amendments.--
       (1) The table of contents of the Department of Energy 
     Organization Act (42 U.S.C. prec. 7101) is amended--
       (A) in the item relating to section 209, by striking 
     ``Section'' and inserting ``Sec.''; and
       (B) by striking the items relating to sections 213 through 
     216 and inserting the following:
``Sec. 213. Establishment of policy for National Nuclear Security 
              Administration.
``Sec. 214. Establishment of security, counterintelligence, and 
              intelligence policies.
``Sec. 215. Office of Counterintelligence.
``Sec. 216. Office of Intelligence.
``Sec. 217. Office of Indian Energy Policy and Programs.
       (2) Section 5315 of title 5, United States Code, is amended 
     by inserting ``Director, Office of Indian Energy Policy and 
     Programs, Department of Energy.'' after ``Inspector General, 
     Department of Energy.''.

     SEC. 303. INDIAN ENERGY.

       (a) Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 
     3501 et seq.) is amended to read as follows:
                      ``TITLE XXVI--INDIAN ENERGY

     ``SEC. 2601. DEFINITIONS.

       ``For purposes of this title:
       ``(1) The term `Director' means the Director of the Office 
     of Indian Energy Policy and Programs, Department of Energy.
       ``(2) The term `Indian land' means--
       ``(A) any land located within the boundaries of an Indian 
     reservation, pueblo, or rancheria;
       ``(B) any land not located within the boundaries of an 
     Indian reservation, pueblo, or rancheria, the title to which 
     is held--
       ``(i) in trust by the United States for the benefit of an 
     Indian tribe;
       ``(ii) by an Indian tribe, subject to restriction by the 
     United States against alienation; or
       ``(iii) by a dependent Indian community; and
       ``(C) land conveyed to a Native Corporation under the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
       ``(3) The term `Indian reservation' includes--
       ``(A) an Indian reservation in existence in any State or 
     States as of the date of enactment of this paragraph;
       ``(B) a public domain Indian allotment.
       ``(C) a former reservation in the State of Oklahoma;
       ``(D) a parcel of land owned by a Native Corporation under 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.); and
       ``(E) a dependent Indian community located within the 
     borders of the United States, regardless of whether the 
     community is located--
       ``(i) on original or acquired territory of the community; 
     or
       ``(ii) within or outside the boundaries of any particular 
     State.
       ``(4) The term `Indian tribe' has the meaning given the 
     term in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b).
       ``(5) The term `Native Corporation' has the meaning given 
     the term in section 3 of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1602).
       ``(6) The term `organization' means a partnership, joint 
     venture, limited liability company, or other unincorporated 
     association or entity that is established to develop Indian 
     energy resources.
       ``(7) The term `Program' means the Indian energy resource 
     development program established under section 2602(a).
       ``(8) The term `Secretary' means the Secretary of Interior.
       ``(9) The term `tribal energy resource development 
     organization' means an organization of 2 or more entities, at 
     least 1 of which is an Indian tribe, that has the written 
     consent of the governing bodies of all Indian tribes 
     participating in the organization to apply for a grant, loan, 
     or other guarantee authorized by sections 2602 or 2603 of 
     this title.
       ``(10) The term `tribal land' means any land or interests 
     in land owned by any Indian tribe, band nation, pueblo, 
     community, rancheria, colony or other group, title to which 
     is held in trust by the United States or which is subject to 
     a restriction against alienation imposed by the United 
     States.
       ``(11) The term `vertical integration of energy resources' 
     means any project or activity that promotes the location and 
     operation of a facility (including any pipeline, gathering 
     system, transportation system or facility, or electric 
     transmission facility) on or near Indian land to process, 
     refine, generate electricity from, or otherwise develop 
     energy resources on, Indian land.

     ``SEC. 2602. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.

       ``(a) Department of the Interior Program.--
       ``(1) To assist Indian tribes in the development of energy 
     resources and further the goal of Indian self-determination, 
     the Secretary shall establish and implement an Indian energy 
     resource development program to assist Indian tribes and 
     tribal energy resource development organizations in achieving 
     the purposes of this title.
       ``(2) In carrying out the Program, the Secretary shall--
       ``(A) provide development grants to Indian tribes and 
     tribal energy resource development organizations for use in 
     developing or obtaining the managerial and technical capacity 
     needed to develop energy resources on Indian land, and to 
     properly account for resulting energy production and 
     revenues;
       ``(B) provide grants to Indian tribes and tribal energy 
     resource development organizations for use in carrying out 
     projects to promote the vertical integration of energy 
     resources, and to process, use, or develop those energy 
     resources, on Indian land; and
       ``(C) provide low-interest loans to Indian tribes and 
     tribal energy resource development organizations for use in 
     the promotion of energy resource development and vertical 
     integration or energy resources on Indian land.
       ``(3) There are authorized to be appropriated to carry out 
     this subsection such sums as are necessary for each of fiscal 
     years 2004 through 2014.
       ``(b) Indian Energy Education Planning and Management 
     Assistance.--
       ``(1) The Director shall establish programs to assist 
     Indian tribes in meeting energy education, research and 
     development, planning, and management needs.
       ``(2) In carrying out this section, the Director may 
     provide grants, on a competitive basis, to an Indian tribe or 
     tribal energy resource development organization for use in 
     carrying out--
       ``(A) energy, energy efficiency, and energy conservation 
     programs;
       ``(B) studies and other activities supporting tribal 
     acquisitions of energy supplies, services, and facilities.
       ``(C) planning, construction, development, operation 
     maintenance, and improvement of tribal electrical generation, 
     transmission, and distribution facilities located on Indian 
     land; and
       ``(D) development, construction, and interconnection of 
     electric power transmission facilities located on Indian land 
     with other electric transmission facilities.
       ``(3)(A) The Director may develop, in consultation with 
     Indian tribes, a formula for providing grants under this 
     section.
       ``(B) In providing a grant under this subsection, the 
     Director shall give priority to an application received from 
     an Indian tribe with inadequate electric service (as 
     determined by the Director).
       ``(4) The Secretary of Energy may promulgate such 
     regulations as necessary to carry out this subsection.
       ``(5) There is authorized to be appropriated to carry out 
     this subsection $20,000,000 for each of fiscal years 2004 
     through 2011.
       ``(c) Loan Guarantee Program.--
       ``(1) Subject to paragraph (3), the Secretary of Energy may 
     provide loan guarantees (as defined in section 502 of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) for not 
     more than 90 percent of the unpaid principal and interest due 
     on any loan made to any Indian tribe for energy development.
       ``(2) A loan guarantee under this subsection shall be made 
     by--
       ``(A) a financial institution subject to examination by the 
     Secretary of Energy; or
       ``(B) an Indian tribe, from funds of the Indian tribe.
       ``(3) The aggregate outstanding amount guaranteed by the 
     Secretary of Energy at any time under this subsection shall 
     not exceed $2,000,000,000.

[[Page S7848]]

       ``(4) The Secretary may promulgate such regulations as the 
     Secretary of Energy determines are necessary to carry out 
     this subsection.
       ``(5) There are authorized to be appropriated such sums as 
     are necessary to carry out this subsection, to remain 
     available until expended.
       ``(6) Not later than 1 year from the date of enactment of 
     this section, the Secretary of Energy shall report to the 
     Congress on the financing requirements of Indian tribes for 
     energy development on Indian land.
       ``(d) Indian Energy Preference.--
       ``(1) In purchasing electricity or any other energy product 
     or byproduct, a Federal agency or department may give 
     preference to an energy and resource production enterprise, 
     partnership, consortium, corporation, or other type of 
     business organization the majority of the interest in which 
     is owned and controlled by 1 or more Indian tribes.
       ``(2) In carrying out this subsection, a Federal agency or 
     department shall not--
       ``(A) pay more than the prevailing market price for an 
     energy product or byproduct; and
       ``(B) obtain less than prevailing market terms and 
     conditions.''.

     ``SEC. 2603. INDIAN TRIBAL ENERGY RESOURCE REGULATION.

       ``(a) Grants.--The Secretary may provide to Indian tribes 
     and tribal energy resource development organizations, on an 
     annual basis, grants for use in developing, administering, 
     implementing, and enforcing tribal laws (including 
     regulations) governing the development and management of 
     energy resources on Indian land.
       ``(b) Use of Funds.--Funds from a grant provided under this 
     section may be used by an Indian tribe or tribal energy 
     resource development organization for--
       ``(1) the development of a tribal energy resource inventory 
     or tribal energy resource on Indian land;
       ``(2) the development of a feasibility study or other 
     report necessary to the development of energy resources on 
     Indian land;
       ``(3) the development and enforcement of tribal laws and 
     the development of technical infrastructure to protect the 
     environment under applicable law; or
       ``(4) the training of employees that--
       ``(A) are engaged in the development of energy resources on 
     Indian land; or
       ``(B) are responsible for protecting the environment.
       ``(c) Other Assistance.--To the maximum extent practicable, 
     the Secretary and the Secretary of Energy shall make 
     available to Indian tribes and tribal energy resource 
     development organizations scientific and technical data for 
     use in the development and management of energy resources on 
     Indian land.

     ``SEC. 2604. LEASES, BUSINESS AGREEMENTS, AND RIGHTS-OF-WAY 
                   INVOLVING ENERGY DEVELOPMENT OR TRANSMISSION.

       ``(a) Leases and Agreements.--Subject to the provisions of 
     this section--
       ``(1) an Indian tribe may, at its discretion, enter into a 
     lease or business agreement for the purpose of energy 
     development, including a lease or business agreement for--
       ``(A) exploration for, extraction of, processing of, or 
     other development of energy resources on tribal land; and
       ``(B) construction or operation of an electric generation, 
     transmission, or distribution facility located on tribal 
     land; or a facility to process or refine energy resources 
     developed on tribal land; and
       ``(2) such lease or business agreement described in 
     paragraph (1) shall not require the approval of the Secretary 
     under section 2103 of the Revised Statutes (25 U.S.C. 81) or 
     any other provision of law, if--
       ``(A) the lease or business agreement is executed in 
     accordance with a tribal energy resource agreement approved 
     by the Secretary under subsection (e);
       ``(B) the term of the lease or business agreement does not 
     exceed--
       ``(i) 30 years; or
       ``(ii) in the case of a lease for the production of oil and 
     gas resources, 10 years and as long thereafter as oil or gas 
     is produced in paying quantities; and
       ``(C) the Indian tribe has entered into a tribal energy 
     resource agreement with the Secretary, as described in 
     subsection (e), relating to the development of energy 
     resources on tribal land (including an annual trust asset 
     evaluation of the activities of the Indian tribe conducted in 
     accordance with the agreement).
       ``(b) Rights-of-Way for Pipelines or Electric Transmission 
     or Distribution Lines.--An Indian tribe may grant a right-of-
     way over tribal land for a pipeline or an electric 
     transmission or distribution line without specific approval 
     by the Secretary if--
       ``(1) the right-of-way is executed in accordance with a 
     tribal energy resource agreement approved by the Secretary 
     under subsection (e);
       ``(2) the term of the right-of-way does not exceed 30 
     years;
       ``(3) the pipeline or electric transmission or distribution 
     line serves--
       ``(A) an electric generation, transmission, or distribution 
     facility located on tribal land; or
       ``(B) a facility located on tribal land that processes or 
     refines energy resources developed on tribal land; and
       ``(4) the Indian tribe has entered into a tribal energy 
     resource agreement with the Secretary, as described in 
     subsection (e), relating to the development of energy 
     resources on tribal land (including an annual trust asset 
     evaluation of the activities of the Indian tribe conducted in 
     accordance with the agreement).
       ``(c) Renewals.--A lease or business agreement entered into 
     or a right-of-way granted by an Indian tribe under this 
     section may be renewed at the discretion of the Indian tribe 
     in accordance with this section.
       ``(d) Validity.--No lease, business agreement, or right-of-
     way relating to the development of tribal energy resources 
     pursuant to the provisions of this section shall be valid 
     unless the lease, business agreement, or right-of-way is 
     authorized in accordance with a tribal energy resource 
     agreement approved by the Secretary under subsection (e)(2).
       ``(e) Tribal Energy Resource Agreements.--
       ``(1) On promulgation of regulations under paragraph (8), 
     an Indian tribe may submit to the Secretary for approval a 
     tribal energy resource agreement governing leases, business 
     agreements, and rights-of-way under this section.
       ``(2)(A) Not later than 180 days after the date on which 
     the Secretary receives a tribal energy resource agreement 
     submitted by an Indian tribe under paragraph (1) (or such 
     later date as may be agreed to by the Secretary and the 
     Indian tribe), the Secretary shall approve or disapprove the 
     tribal energy resource agreement.
       ``(B) The Secretary shall approve a tribal energy resource 
     agreement submitted under paragraph (1) If--
       ``(i) the Secretary determines that the Indian tribe has 
     demonstrated that the Indian tribe has sufficient capacity to 
     regulate the development of energy resources of the Indian 
     tribe; and
       ``(ii) the tribal energy resource agreement includes 
     provisions that, with respect to a lease, business agreement, 
     or right-of-way under this section--
       ``(I) ensure the acquisition of necessary information from 
     the applicant for the lease, business agreement, or right-of-
     way;
       ``(II) address the term of the lease or business agreement 
     or the term of conveyance of the right-of-way;
       ``(III) address amendments and renewals;
       ``(IV) address consideration for the lease, business 
     agreement, or right-of-way;
       ``(V) address technical or other relevant requirement;
       ``(VI) establish requirements for environmental review in 
     accordance with subparagraph (C);
       ``(VII) ensure compliance with all applicable environmental 
     laws;
       ``(VIII) identify final approval authority;
       ``(IX) provide for public notification of final approvals;
       ``(X) establish a process for consultation with any 
     affected States concerning potential off-reservation impacts 
     associated with the lease, business agreement, or right-of-
     way; and
       ``(XI) describe the remedies for breach of the lease, 
     agreement, or right-of-way.
       ``(C) Tribal energy resource agreements submitted under 
     paragraph (1) shall establish, and include provisions to 
     ensure compliance with, an environmental review process that, 
     with respect to a lease, business agreement, or right-of-way 
     under this section, provides for--
       ``(i) the identification and evaluation of all significant 
     environmental impacts (as compared with a no-action 
     alternative), including effects on cultural resources;
       ``(ii) the identification of proposed mitigation;
       ``(iii) a process for ensuring that the public is informed 
     of and has an opportunity to comment on the environmental 
     impacts of the proposed action before tribal approval of the 
     lease, business agreement, or right-of-way; and
       ``(iv) sufficient administrative support and technical 
     capability to carry out the environmental review process.
       ``(D) A tribal energy resource agreement negotiated between 
     the Secretary and an Indian Tribe in accordance with this 
     subsection shall include--
       ``(i) provisions requiring the Secretary to conduct an 
     annual trust asset evaluation to monitor the performance of 
     the activities of the Indian tribe associated with the 
     development of energy resources on tribal land by the Indian 
     tribe; and
       ``(ii) in the case of a finding by the Secretary of 
     imminent jeopardy to a physical trust asset, provisions 
     authorizing the Secretary to reassume responsibility for 
     activities associated with the development of energy 
     resources on tribal land.
       ``(3) The Secretary shall provide notice and opportunity 
     for public comment on tribal energy resource agreements 
     submitted under paragraph (1). The Secretary's review of a 
     tribal energy resource agreement under the National 
     Environmental Policy Act (42 U.S.C. 4321 et seq.) shall be 
     limited to the direct effects of that approval.
       ``(4) If the Secretary disapproves a tribal energy resource 
     agreement submitted by an Indian tribe under paragraph (1), 
     the Secretary shall--
       ``(A) notify the Indian tribe in writing of the basis for 
     the disapproval;
       ``(B) identify what changes or other actions are required 
     to address the concerns of the Secretary; and
       ``(C) provide the Indian tribe with an opportunity to 
     revise and resubmit the tribal energy resource agreement.
       ``(5) If an Indian tribe executes a lease or business 
     agreement or grants a right-of-way

[[Page S7849]]

     in accordance with a tribal energy resource agreement 
     approved under this subsection, the Indian tribe shall, in 
     accordance with the process and requirements set forth in the 
     Secretary's regulations adopted pursuant to subsection 
     (e)(8), provide to the Secretary--
       ``(A) a copy of the lease, business agreement, or right-of-
     way document (including all amendments to and renewals of the 
     document); and
       ``(B) in the case of a tribal energy resource agreement or 
     a lease, business agreement, or right-of-way that permits 
     payment to be made directly to the Indian tribe, 
     documentation of those payments sufficient to enable the 
     Secretary to discharge the trust responsibility of the United 
     States as appropriate under applicable law.
       ``(6)(A) Nothing in this section shall absolve the United 
     States from any responsibility to Indians or Indian tribes, 
     including those which derive from the trust relationship or 
     from any treaties, Executive Orders, or agreements between 
     the United States and any Indian tribe.
       ``(B) The Secretary shall continue to have a trust 
     obligation to ensure that the rights of an Indian tribe are 
     protected in the event of a violation of federal law or the 
     terms of any lease, business agreement or right-of-way under 
     this section by any other party to any such lease, business 
     agreement or right-of-way.
       ``(C) Notwithstanding subparagraph (A), the United States 
     shall not be liable to any party (including any Indian tribe) 
     for any of the terms of, or any losses resulting from the 
     terms of, a lease, business agreement, or right-of-way 
     executed pursuant to and in accordance with a tribal energy 
     resource agreement approved under subsection (e)(2).
       ``(7)(A) In this paragraph, the term `interested party' 
     means any person or entity the interests of which have 
     sustained or will sustain a significant adverse environmental 
     impact as a result of the failure of an Indian tribe to 
     comply with a tribal energy resource agreement of the Indian 
     tribe approved by the Secretary under paragraph (2).
       ``(B) After exhaustion of tribal remedies, and in 
     accordance with the process and requirements set forth in 
     regulations adopted by the Secretary pursuant to subsection 
     (e)(8), an interested party may submit to the Secretary a 
     petition to review compliance of an Indian tribe with a 
     tribal energy resource agreement of the Indian tribe approved 
     under this subsection.
       ``(C) If the Secretary determines that an Indian tribe is 
     not in compliance with a tribal energy resource agreement 
     approved under this subsection, the Secretary shall take such 
     action as is necessary to compel compliance, including--
       ``(i) suspending a lease, business agreement, or right-of-
     way under this section until an Indian tribe is in compliance 
     with the approved tribal energy resource agreement; and
       ``(ii) rescinding approval of the tribal energy resource 
     agreement and reassuming the responsibility for approval of 
     any future leases, business agreements, or rights-of-way 
     associated with an energy pipeline or distribution line 
     described in subsections (a) and (b).
       ``(D) If the Secretary seeks to compel compliance of an 
     Indian tribe with an approved tribal energy resource 
     agreement under subparagraph (C)(ii), the Secretary shall--
       ``(i) make a written determination that describes the 
     manner in which the tribal energy resource agreement has been 
     violated;
       ``(ii) provide the Indian tribe with a written notice of 
     the violations together with the written determination; and
       ``(iii) before taking any action described in subparagraph 
     (C)(ii) or seeking any other remedy, provide the Indian tribe 
     with a hearing and a reasonable opportunity to attain 
     compliance with the tribal energy resource agreement.
       ``(E)(i)) An Indian tribe described in subparagraph (D) 
     shall retain all rights to appeal as provided in regulations 
     promulgated by the Secretary.
       ``(ii) The decision of the Secretary with respect to an 
     appeal described in clause (i), after any agency appeal 
     provided for by regulation, shall constitute a final agency 
     action.
       ``(8) Not later than 180 days after the date of enactment 
     of the Indian Tribal Energy Development and Self-
     Determination Act of 2003, the Secretary shall promulgate 
     regulations that implement the provisions of this subsection, 
     including--
       ``(A) criteria to be used in determining the capacity of an 
     Indian tribe described in paragraph (2)(B)(i), including the 
     experience of the Indian tribe in managing natural resources 
     and financial and administrative resources available for use 
     by the Indian tribe in implementing the approved tribal 
     energy resource agreement of the Indian tribe; and
       ``(B) a process and requirements in accordance with which 
     an Indian tribe may--
       ``(i) voluntarily rescind an approval tribal energy 
     resource agreement approved by the Secretary under this 
     subsection; and
       ``(ii) return to the Secretary the responsibility to 
     approve any future leases, business agreements, and rights-
     of-way described in this subsection.
       ``(f) No Effect on Other Law.--Nothing in this section 
     affects the application of--
       ``(1) any Federal environment law;
       ``(2) the Surface Mining Control and Reclamation Act of 
     1977 (30 U.S.C. 1201 et seq.); or
       ``(3) except as otherwise provided in this title, the 
     Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et 
     seq.) and the National Environmental Policy Act (42 U.S.C. 
     4321 et seq.).

     ``SEC. 2605. FEDERAL POWER MARKETING ADMINISTRATIONS.

       ``(a) Definitions.--In this section:
       ``(1) The term `Administrator' means the Administrator of 
     the Bonneville Power Administration and the Administrator of 
     the Western Area Power Administration.
       ``(2) The term `power marketing administration' means--
       ``(A) the Bonneville Power Administration;
       ``(B) the Western Area Power Administration; and
       ``(C) any other power administration the power allocation 
     of which is used by or for the benefit of an Indian tribe 
     located in the service area of the administration.
       ``(b) Encouragement of Indian Tribal Energy Development.--
     Each Administrator shall encourage Indian tribal energy 
     development by taking such actions as are appropriate, 
     including administration of programs of the Bonneville Power 
     Administration and the Western Area Power Administration, in 
     accordance with this section.
       ``(c) Action by the Administrator.--In carrying out this 
     section, and in accordance with existing law--
       ``(1) each Administrator shall consider the unique 
     relationship that exists between the United States and Indian 
     tribes.
       ``(2) power allocations from the Western Area Power 
     Administration to Indian tribes may be used to meet firming 
     and reserve needs of Indian-owned energy projects on Indian 
     land;
       ``(3) the Administrator of the Western Area Power 
     Administration may purchase power from Indian tribes to meet 
     the firming and reserve requirements of the Western Area 
     Power Administration; and
       ``(4) each Administrator shall not pay more than the 
     prevailing market price for an energy product nor obtain less 
     than prevailing market terms and conditions.
       ``(d) Assistance for Transmission System Use.--
       ``(1) An Administrator may provide technical assistance to 
     Indian tribes seeking to use the high-voltage transmission 
     system for delivery of electric power.
       ``(2) The costs of technical assistance provided under 
     paragraph (1) shall be funded by the Secretary of Energy 
     using nonreimbursable funds appropriated for that purpose, or 
     by the applicable Indian tribes.
       ``(e) Power Allocation Study.--Not later than 2 years after 
     the date of enactment of the Indian Tribal Energy Development 
     and Self-Determination Act of 2003, the Secretary of Energy 
     shall submit to the Congress a report that--
       ``(1) describes the use by Indian tribes of Federal power 
     allocations of the Western Area Power Administration (or 
     power sold by the Southwestern Power Administration) and the 
     Bonneville Power Administration to or for the benefit of 
     Indian tribes in service areas of those administrations; and
       ``(2) identifies--
       ``(A) the quantity of power allocated to Indian tribes by 
     the Western Area Power Administration;
       ``(B) the quantity of power sold to Indian tribes by other 
     power marketing administrations; and
       ``(C) barriers that impede tribal access to and use of 
     Federal power, including an assessment of opportunities to 
     remove those barriers and improve the ability of power 
     marketing administrations to facilitate the use of Federal 
     power by Indian tribes.
       ``(f) Authorization of Appropriations.--there is authorized 
     to be appropriated to carry out this section $750,000, which 
     shall remain available until expended and shall not be 
     reimbursable.

     ``SEC. 2606. INDIAN MINERAL DEVELOPMENT REVIEW.

       ``(a) In General.--The Secretary shall conduct a review of 
     all activities being conducted under the Indian Mineral 
     Development Act of 1982 (25 U.S.C. 2101 et seq.) as of that 
     date.
       ``(b) Report.--Not later than 1 year after the date of 
     enactment of the Indian Tribal Energy Development and Self-
     Determination Act of 2003, the Secretary shall submit to the 
     Congress a report that includes--
       ``(1) the results of the review;
       ``(2) recommendations to ensure that Indian tribes have the 
     opportunity to develop Indian energy resources; and
       ``(3) an analysis of the barriers to the development of 
     energy resources on Indian land (including legal, fiscal, 
     market, and other barriers), along with recommendations for 
     the removal of those barriers.

     ``SEC. 2607. WIND AND HYDROPOWER FEASIBILITY STUDY.

       ``Study.--The Secretary of Energy, in coordination with the 
     Secretary of the Army and the Secretary, shall conduct a 
     study of the cost and feasibility of developing a 
     demonstration project that would use wind energy generated by 
     Indian tribes and hydropower generated by the Army Corps of 
     Engineers on the Missouri River to supply firming power to 
     the Western Area Power Administration.
       ``(b) Scope of Study.--The study shall--
       `'(1) determine the feasibility of the blending of wind 
     energy and hydropower generated from the Missouri River dams 
     operated by the Army Corps of Engineers;
       ``(2) review historical purchase requirements and projected 
     purchase requirements for firming and the patterns of 
     availability and use of firming energy;
       ``(3) assess the wind energy resource potential on tribal 
     land and projected cost savings

[[Page S7850]]

     through a blend of wind and hydropower over a 30-year period;
       ``(4) determine seasonal capacity needs and associated 
     transmission upgrades for integration of tribal wind 
     generation; and
       ``(5) include an independent tribal engineer as a study 
     team member.
       ``(c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary and Secretary of the 
     Army shall submit to Congress a report that describes the 
     results of the study, including--
       ``(1) an analysis of the potential energy cost or benefits 
     to the customers of the Western Area Power Administration 
     through the blend of wind and hydropower;
       ``(2) an evaluation of whether a combined wind and 
     hydropower system can reduce reservoir fluctuation, enhance 
     efficient and reliable energy production, and provide 
     Missouri River management flexibility;
       ``(3) recommendations for a demonstration project that 
     could be carried out by the Western Area Power Administration 
     in partnership with an Indian tribal government or tribal 
     energy resource development organization to demonstrate the 
     feasibility and potential of using wind energy produced on 
     Indian land to supply firming energy to the Western Area 
     Power Administration or any other Federal power marketing 
     agency; and
       ``(4) an identification of--
       ``(A) the economic and environmental costs or benefits to 
     be realized through such a Federal-tribal partnership; and
       ``(B) the manner in which such a partnership could 
     contribute to the energy security of the United States.
       ``(d) Funding.--
       ``(1) There is authorized to be appropriated to carry out 
     this section $500,000, to remain available until expended.
       ``(2) Costs incurred by the Secretary in carrying out this 
     section shall be nonreimbursable.''.
       (b) Conforming Amendments.--The table of contents for the 
     Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) is amended 
     by striking items relating to Title XXVI, and inserting:
``Sec. 2601. Definitions.
``Sec. 2602. Indian tribal energy resource development.
``Sec. 2603. Indian tribal energy resource regulation.
``Sec. 2604. Leases, business agreements, and rights-of-way involving 
              energy development or transmission.
``Sec. 2605. Federal Power Marketing Administrations.
``Sec. 2606. Indian mineral development review.
``Sec. 2607. Wind and hydropower feasibility study.
                                 ______
                                 
  SA 887. Mrs. HUTCHINSON submitted an amendment intended to be 
proposed by her to the bill S. 14, to enhance the energy security of 
the United States, and for other purposes; which was ordered to lie on 
the table as follows:

       On page 466, after line 22, insert the following:

                  Subtitle __--Transmission Facilities

     SEC. __. TRANSMISSION FACILITIES.

       (a) Existing Facilities.--The Secretary of Energy (acting 
     through the Western Area Power Administration, the 
     Southwestern Power Administration, or the Southeastern Power 
     Administration) may design, develop, construct, operate, and 
     maintain, or participate with other entities in designing, 
     developing, constructing, operating, and maintaining, an 
     electric power transmission facility and related facilities 
     needed to upgrade existing transmission facilities owned or 
     operated by the applicable Federal power marketing agency if 
     the Secretary of Energy determines that the proposed project 
     is--
       (1) necessary or advisable to accommodate an actual or 
     projected increase in electric power transmission demand on, 
     or to increase the reliability of, any part of the Federal or 
     non-Federal electric power grid; and
       (2) in the public interest.
       (b) New Facilities.--The Secretary of Energy (acting 
     through the Western Area Power Administration, the 
     Southwestern Power Administration, or the Southeastern Power 
     Administration) may design, develop, construct, operate, and 
     maintain, or participate with other entities in designing, 
     developing, constructing, operating, and maintaining, a new 
     electric power transmission facility and related facilities 
     located within any State in which the applicable Power 
     Administration operates if the Secretary determines that the 
     proposed facility--
       (1)(A) is located in an interstate congestion area and will 
     reduce congestion of electric transmission in interstate 
     commerce; or
       (B) is necessary or advisable to accommodate an actual or 
     projected increase in demand for electric transmission 
     capacity;
       (2) is consistent with--
       (A) a plan approved by the appropriate regional 
     transmission organization, if such an organization exists and 
     is conducting such planning functions; and
       (B) efficient and reliable operation of the transmission 
     grid;
       (3) would not duplicate the functions of transmission 
     facilities proposed to be constructed, or operated, by any 
     other transmitting utility; and
       (4) would be operated by or in conformance with the rules 
     of the appropriate regional transmission organization, if 
     such an organization exists.
       (c) Other Funds.--
       (1) In general.--In carrying out a project under subsection 
     (a) or (b), the Secretary of Energy may accept and use funds 
     contributed by another entity for the purpose of carrying out 
     the project.
       (2) Availability.--The funds shall be available for 
     expenditure for the purpose of carrying out the project--
       (A) without fiscal year limitation; and
       (B) as if the funds had been appropriated specifically for 
     that purpose.
       (3) Allocation of costs.--In carrying out a project under 
     subsection (a) or (b), any costs of the project not paid for 
     by contributions from another entity shall be allocated 
     equitably among the project beneficiaries, including any non-
     Federal project participants and existing transmission users 
     of the applicable Federal power marketing agency.
       (d) Relationship to Other Laws.--Nothing in this section 
     affects any requirement of--
       (1) any Federal environmental law, including the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
       (2) any Federal or State law relating to the siting of 
     energy facilities.
                                 ______
                                 
  SA 888. Mr. BAYH (for himself and Mr. Lugar) submitted an amendment 
intended to be proposed by him to the bill S. 824, to reauthorize the 
Federal Aviation Administration, and for other purposes; which was 
ordered to lie on the table as follows:

       At the end of title II, add the following:

     SEC. 217. GARY/CHICAGO AIRPORT FUNDING.

       The Administrator of the Federal Aviation Administration 
     shall, for purposes of chapter 471 of title 49, United States 
     Code, give priority consideration to a letter of intent 
     application for funding submitted by the City of Gary, 
     Indiana, or the State of Indiana, for the extension of the 
     main runway at the Gary/Chicago Airport. The letter of intent 
     application shall be considered upon completion of the 
     environmental impact statement and benefit cost analysis in 
     accordance with Federal Aviation Administration requirements. 
     The Administrator shall consider the letter of intent 
     application not later than 90 days after receiving it from 
     the applicant.
                                 ______
                                 
  SA 889. Mr. McCAIN proposed an amendment to the bill S. 824, to 
reauthorize the Federal Aviation Administration, and for other 
purposes; as follows:

       On page 68, after the item relating to section 107, insert 
     the following:

Sec. 108. Whistle-blower protection under Acquisition Management 
              System.

       On page 68, after the item relating to section 205 and 
     insert the following:

Sec. 205. Secretary of Transportation to identify airport congestion-
              relief projects.

       On page 68 strike the item relating to section 211 and 
     insert the following:

Sec. 211. Noise disclosure.

       On page 68, after the item relating to section 216, insert 
     the following:

Sec. 217. Share of airport project costs.
Sec. 218. Pilot program for purchase of airport development rights.

       On page 68, after the item relating to section 304, insert 
     the following:

Sec. 305. Air carriers required to honor tickets for suspended air 
              service.

       On page 68, after the item relating to section 354, insert 
     the following:

  Subtitle C--Financial Improvement Effort and Executive Compensation 
                                 Report

Sec. 371. GAO report on airlines actions to improve finances and on 
              executive compensation.

       On page 68, after the item relating to section 513 and 
     redesignate the items relating to sections 514 through 520 as 
     relating to sections 513 and 519.
       On page 68, after the item relating to section 520, as 
     redesignated, insert the following:

Sec. 520. Certain interim and final rules.

       On page 83, beginning in line 23, strike ``chair and vice 
     chair,'' and insert ``chair,''.
       On page 84, line 1, strike ``chairperson'' and insert 
     ``chair''.
       On page 84, line 6, strike ``chairperson'' and insert 
     ``chair''.
       On page 84, line 13, strike ``chairperson'' and insert 
     ``chair''.
       On page 84, line 23, strike ``chairperson'' and insert 
     ``chair''.
       On page 89, between lines 15 and 16, insert the following:

     SEC. 108, WHISTLE-BLOWER PROTECTION UNDER ACQUISITION 
                   MANAGEMENT SYSTEM.

       Section 40110(d)(2)(C) is amended by striking ``355).'' and 
     inserting ``355), except for section 315 (41 U.S.C. 265). For 
     the purpose of applying section 315 of that Act to the 
     system, the term ``exective agency'' is deemed to refer to 
     the Federal Aviation Administration.''.
       On page 104, beginning with line 4, strike through line 7 
     on page 105 and insert the following:

     SEC. 205. SECRETARY OF TRANSPORTATION TO IDENTIFY AIRPORT 
                   CONGESTION-RELIEF PROJECTS.

       (a) In General.--Within 90 days after the date of enactment 
     of this Act, the Secretary of Transportation shall provide to 
     the Senate Committee on Commerce, Science, and

[[Page S7851]]

     Transportation, and to the House of Representatives Committee 
     on Transportation and Infrastructure--
       (1) a list of planned air traffic and airport-capacity 
     projects at congested airport capacity benchmark airports the 
     completion of which will substanially relieve congestion at 
     these airports; and
       (2) a list of options for expanding capacity at the 8 
     airports on the list at which the most severe delays are 
     occurring.
       (b) 2-year Update.--The Secretary shall provide updated 
     lists under subsection (a) to the Committees 2 years after 
     the date of enactment of this Act.
       (c) Delisting of Projects.--The Secretary shall remove a 
     project from the list provided to the Committees under this 
     section upon the request, in writing, of an airport operator 
     if the operator states in the request that construction of 
     the project will not be completed within 10 years from the 
     date of the request.
       On page 110, line 17, strike ``non-hub airport (as defined 
     in section 47102'' and insert ``nonhub airport (as defined in 
     section 41762(11)''.
       On page 112, beginning with line 21, strike through line 12 
     on page 116, and insert the following:

     SEC. 211. NOISE DISCLOSURE.

       (a) Noise Disclosure System Implementation Study.--The 
     Administrator of the Federal Aviation Administration shall 
     conduct a study to determine the feasibility of developing a 
     program under which prospective home buyers of property 
     located in the vicinity of an airport could be notified of 
     information derived from noise exposure maps that may affect 
     the use and enjoyment of the property. The study shall assess 
     the scope, administration, usefulness, and burdensome of any 
     such program, the costs and benefits of such a program, and 
     whether participation in such a program should be voluntary 
     or mandatory.
       (b) Public Availability of Noise Exposure Maps.--The 
     Federal Aviation Administration shall make copies or 
     facsimiles of noise exposure maps available to the public via 
     the Internet on its website in an appropriate format.
       (c) Noise Exposure Map.--In this section, the term ``noise 
     exposure map'' means a noise exposure map prepared under 
     section 47503 of title 49, United States Code.
       On page 121, line 23, strike ``47114(d)(2)(A)'' and insert 
     ``47114(d)(3)(A)''.
       On page 123, between line 3 and 4, insert the following:
       (c) Terminal Development Costs.--Section 47119(a)(1)(C) is 
     amended by striking ``3 years'' and inserting ``1 year''.

     SEC. 217. SHARE OF AIRPORT PROJECT COSTS.

       (a) In General.--Section 47109 of title 49, United States 
     Code, is amended by redesignating subsection (c) as 
     subsection (d) and inserting after subsection (b) the 
     following:
       ``(c) Grandfather Rule.--
       ``(1) In general.--In the case of any project approved 
     after September 30, 2001, at an airport that has less than 
     .25 percent of the total number of passenger boardings at all 
     commercial service airports, and that is located in a State 
     containing unappropriated and unreserved public lands and 
     nontaxable Indian lands (individual and tribal) of more than 
     5 percent of the total area of all lands in the State, the 
     Government's share of allowable costs of the project shall be 
     increased by the same ratio as the basic share of allowable 
     costs of a project divided into the increased (Public Lands 
     States) share of allowable costs of a project as shown on 
     documents of the Federal Aviation Administration dated August 
     3, 1979, at airports for which the general share was 80 
     percent on August 3, 1979. This subsection shall apply only 
     if--
       ``(A) the State contained unappropriated and unreserved 
     public lands and nontaxable Indian lands of more than 5 
     percent of the total area of all lands in the State on August 
     3, 1979; and
       ``(B) the application under subsection (b), does not 
     increase the Government's share of allowable costs of the 
     project
       ``(2) Limitation.--The Government's share of allowable 
     project costs determined under this subsection shall not 
     exceed the lesser of 93.75 percent or the highest percentage 
     Government share applicable to any project in any State under 
     subsection (b).''.
       (b) Conforming Amendment.--Subsection (a) of Section 47109, 
     title 49, United States Code, is amended by striking ``Except 
     as provided in subsection (b)'', and inserting in lieu 
     thereof ``Except as provided in subsection (b) or subsection 
     (c)''.

     SEC. 218. PILOT PROGRAM FOR PURCHASE OR AIRPORT DEVELOPMENT 
                   RIGHTS.

       (a) In General.--Chapter 471 is amended by adding at the 
     end the following:

     ``Sec. 47141. Pilot program for purchase of airport 
       development rights

       ``(a) In General.--The Secretary of Transportation shall 
     establish a pilot program to support the purchase, by a State 
     or political subdivision of a State, of development rights 
     associated with, or directly affecting the use of, privately 
     owned public use airports located in that State. Under the 
     program, the Secretary may make a grant to a State or 
     political subdivision of a State from funds apportioned under 
     section 47114 for the purchase of such rights.
       ``(b) Grant Requirements.--
       ``(1) In general.--The Secretary may not make a grant under 
     subsection (a) unless the grant is made--
       ``(A) to enable the State or political subdivision to 
     purchase development rights in order to ensure that the 
     airport property will continue to be available for use as a 
     public airport; and
       ``(B) subject to a requirement that the State or political 
     subdivision acquire an easement or other appropriate covenant 
     requiring that the airport shall remain a public use airport 
     in perpetuity.
       ``(2) Matching requirement.--The amount of a grant under 
     the program may not exceed 90 percent of the costs of 
     acquiring the development rights.
       ``(c) Grant Standards.--The Secretary shall prescribe 
     standards for grants under subsection (a), including--
       ``(1) grant application and approval procedures; and
       ``(2) requirements for the content of the instrument 
     recording the purchase of the development rights.
       ``(d) Release of Purchased Rights and Covenant.--Any 
     development rights purchased under the program shall remain 
     the property of the State or political subdivision unless the 
     Secretary approves the transfer or disposal of the 
     development rights after making a determination that the 
     transfer or disposal of that right is in the public interest.
       ``(c) Limitation.--The Secretary may not make a grant under 
     the pilot program for the purchase of development rights at 
     more than 10 airports.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     471 is amended by inserting after the item relating to 
     section 47140 the following:

``47141. Pilot program for purchase of airport development rights.''.

       On page 127, line 18, strike ``and''
       On page 127, line 21, strike ``2006'.'' and insert ``2006'; 
     and''.
       On page 127, between lines 21 and 22, insert the following:
       (4) by striking ``section.'' and inserting ``section, not 
     more than $275,000 per year of which may be used for 
     administrative costs in fiscal years 2004 through 2006.''.
       On page 127, beginning with ``No'' in line 24, strike 
     through line 2 on page 128 and insert the following: ``No 
     community, consortia of communities, nor combination thereof 
     may participate in the program in support of the same project 
     more than once, but any community, consortia of communities, 
     or combination thereof may apply, subsequent to such 
     participation, to participate in the program in support of a 
     different project.'.''.
       On page 130, between lines 10 and 11, insert the following:

     SEC. 305. AIR CARRIERS REQUIRED TO HONOR TICKETS FOR 
                   SUSPENDED AIR SERVICE.

       Section 145(c) of the Aviation and Transportation Security 
     Act (49 U.S.C. 40101 note) is amended by striking ``more 
     than'' and all that follows through ``after'' and inserting 
     ``more than 36 months after''.
       On page 131, beginning in line 21, strike ``eligible 
     essential air service communities receiving assistance under 
     subchapter II'' and insert ``communities that receive 
     subsidized service by an air carrier under section 41733''.
       On page 133, line 23, strike ``essential air service 
     community'' and insert ``point that receives subsidized 
     service by an air carrier under section 41733''.
       On page 134, line 8, strike ``41731(a)(1).'' and insert 
     ``41731(a)(1), subject to the provisions of section 332 of 
     the Department of Transportation and Related Agencies 
     Appropriations Act, 2000 (49 U.S.C. 41731 note).
       On page 135, line 6, strike ``2007,'' and insert ``2006 to 
     carry out this subchapter,''.
       On page 137, line 14, after ``equipment.'' insert ``Any 
     community that participates in a pilot program under this 
     subparagraph is deemed to have waived the minimum service 
     requirements under section 41732(b) for purposes of its 
     participation in that pilot program.''.
       On page 138, line 19, after ``airports'' insert ``or small 
     hub airports''.
       On page 143, strike lines 1 through 3 and insert the 
     following:
       ``(d) Tracking Service.--The Secretary shall require 
     carriers providing subsidy for service under section 41733 to 
     track changes in services, including on-time arrivals and 
     departures, on such subsidized routes, and to report such 
     information to the Secretary on a semi-annual basis in such 
     form as the Secretary may require.
       On page 143, line 24, strike ``monthly cost increase of 10 
     percent or more.'' and insert ``annual total unit cost 
     increase (but not increases in individual unit costs) of 10 
     percent or more in relation to the unit rates used to 
     construct the subsidy rate, based on the carrier's internal 
     audit of its financial statements.''.
       On page 144, between lines 11 and 12, insert the following:

  Subtitle C--Financial Improvement Effort and Executive Compensation 
                                 Report

     SEC. 371. GAO REPORT ON AIRLINES ACTIONS TO IMPROVE FINANCES 
                   AND ON EXECUTIVE COMPENSATION.

       (a) Finding.--The Congress finds that the United States 
     government has by law provided substantial financial 
     assistance to United States commercial airlines in the form 
     of war risk insurance and reinsurance and other economic 
     benefits and has imposed substantial economic and regulatory 
     burdens on those airlines. In order to determine the

[[Page S7852]]

     economic viability of the domestic commercial airline 
     industry and to evaluate the need for additional measures or 
     the modification of existing laws, the Congress needs more 
     frequent information and independently verified information 
     about the financial condition of these airlines.
       (b) Semiannual Reports.--The Comptroller General shall 
     prepare a semiannual report to the Congress--
       (1) analyzing measures being taken by air carriers engaged 
     in air transportation and intrastate air transportation (as 
     such terms are used in subtitle VII of title 49, United 
     States Code) to reduce costs and to improve their earnings 
     and profits and balance sheets; and
       (2) stating--
       (A) the total compensation (as defined in section 104(b) of 
     the Air Transportation Safety and System Stabilization Act 
     (49 U.S.C. 40101 note)) paid by the air carrier to each 
     officer or employee of that air carrier to whom that section 
     applies for the period to which the report relates; and
       (B) the terms and value (determined on the basis of the 
     closing price of the stock on the last business day of the 
     period to which the report relates) of any stock options 
     awarded to such officer during that period.
       (c) GAO Authority.--In order to compile the reports 
     required by subsection (b), the Comptroller General, or any 
     of the Comptroller General's duly authorized representatives, 
     shall have access for the purpose of audit and examination to 
     any books, accounts, documents, papers, and records of such 
     air carriers that relate to the information required to 
     compile the reports. The Comptroller General shall submit 
     with each such report a certification as to whether the 
     Comptroller General has had access to sufficient information 
     to make informed judgments on the matters covered by the 
     report.
       (d) Reports to Congress.--The Comptroller General shall 
     transmit the compilation of reports required by subsection 
     (c) to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure.
       On page 144, beginning in line 15, strike ``Security'' and 
     insert ``Security, in consultation with representatives of 
     the airport community,''.
       On page 145, line 10, strike ``Transportation'' and insert 
     ``Homeland Security''.
       On page 146, line 6, strike ``Transportation'' and insert 
     ``Homeland Security''.
       On page 146, line 7, strike ``Homeland Security'' and 
     insert ``Transportation''.
       On page 146, beginning in line 11, strike ``The program 
     shall be administered in concert with the airport improvement 
     program under chapter 417 of title 49, United States Code.'' 
     and insert ``The requirements that apply to grants and 
     letters of intent issued under chapter 471 of title 49, 
     United States Code, shall apply to grants and letters of 
     intent issued under this section.''.
       On page 147, line 9, strike ``Transportation'' and insert 
     ``Homeland Security''.
       On page 147, line 23, strike ``417'' and insert ``471''.
       On page 148, line 11, strike ``301(a)'' and insert 
     ``308(a)''.
       On page 149, strike lines 14 through 21 and insert the 
     following:
       Section 44310 is amended by striking ``2004.'' and 
     inserting ``2006.''.
       On page 153, beginning in line 22, strike ``sections 121, 
     123, and 126 and chapter 5 of chapter 5 of title 40.'' and 
     insert ``subchapter III of chapter 5 of title 40, United 
     States Code.''.
       On page 158, line 23, strike ``(g)'' and insert ``(h)''.
       On page 170, beginning with line 23, strike through line 3 
     on page 171.
       On page 171, line 4, strike ``SEC. 514.'' and insert ``SEC. 
     513.''.
       On page 172, line 18, strike ``SEC. 515.'' and insert 
     ``SEC. 514.''.
       On page 174, line 1, strike ``SEC. 516.'' and insert ``SEC. 
     515.''.
       On page 175, strike lines 13 through 16, and insert the 
     following:
       (c) Chairperson.--The Secretary shall designate, from among 
     the individuals appointed under subsection (b)(1), an 
     individual to serve as Chairperson of the Commission.
       On page 178, between lines 9 and 10, insert the following:
       (l) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation 
     $250,000 to be used to fund the Commission.
       On page 178, line 10, strike ``SEC. 517.'' and insert 
     ``SEC. 516.''.
       On page 180, line 7, strike ``SEC. 518.'' and insert ``SEC. 
     517.''.
       On page 180, beginning in line 13, strike ``American or 
     foreign-flag aircraft,'' and insert ``aircraft by an air 
     carrier,''.
       On page 181, line 1, strike ``44304(a)'' and insert 
     ``44303(a)''.
       On page 181, line 5, strike ``American or foreign-flag 
     aircraft.'.'' and insert ``aircraft by an air carrier.'.''.
       On page 181, line 6, strike ``SEC. 519.'' and insert ``SEC. 
     518.''.
       On page 181, line 21, strike ``SEC. 520.'' and insert 
     ``SEC. 519.''.
       On page 182, between lines 8 and 9, insert the following:

     SEC. 520. CERTAIN INTERIM AND FINAL RULES.

       Notwithstanding section 141(d)(1) of the Aviation and 
     Transportation Security Act (49 U.S.C. 44901 note), section 
     45301(b)(1)(B) of title 49, United States Code, as amended by 
     section 119(d) of that Act, is deemed to apply to, and to 
     have been in effect with respect to, the authority of the 
     Administrator of the Federal Aviation Administration with 
     respect to the Interim Final Rule and Final Rule issued by 
     the Administrator on May 30, 2000, and August 13, 2001, 
     respectively.
                                 ______
                                 
  SA 890. Mr. DORGAN proposed an amendment to the bill S. 824, to 
reauthorize the Federal Aviation Administration, and for other 
purposes; as follows:

       On page 146, beginning with line 20, strike through line 8 
     on page 147.
                                 ______
                                 
  SA 891. Mr. REID (for himself and Mr. Ensign) proposed an amendment 
to the bill S. 824, to reauthorize the Federal Aviation Administration, 
and for other purposes; as follows:

       On Page 146, line 17, insert ``origination and 
     destination'' before ``emplanements;''.
       On page 146, line 19, insert ``origination and 
     destination'' before ``emplanements''.
                                 ______
                                 
  SA 892. Mr. McCAIN proposed an amendment to the bill S. 824, to 
reauthorize the Federal Aviation Administration, and for other 
purposes; as follows:

       At the appropriate place, insert the following:

     SEC.   . AIR FARES FOR MEMBERS OF ARMED FORCES.

       It is the sense of the Senate that each United States air 
     carrier should--
       (1) make every effort to allow active duty members of the 
     armed forces to purchase tickets, on a space-available basis, 
     for the lowest fares offered for the flights desired, without 
     regard to advance purchase requirements and other 
     restrictions; and
       (2) offer flexible terms that allow members of the armed 
     forces on active duty to purchase, modify, or cancel tickets 
     without time restrictions, fees, or penalties.
                                 ______
                                 
  SA 893. Mr. LAUTENBERG (for himself and Mr. Johnson) proposed an 
amendment to the bill S. 824, to reauthorize the Federal Aviation 
Administration, and for other purposes; as follows:

       On page 193, after line 23, insert the following:

     SEC. 624. TRANSFER OF CERTAIN AIR TRAFFIC CONTROL FUNCTIONS 
                   PROHIBITED.

       (a) In General.--he Secretary of Transportation may not 
     authorize the transfer to a private entity or to a public 
     entity other than the United States Government of--
       (1) the air traffic separation and control functions 
     operated by the Federal Aviation Administration on the date 
     of enactment of this Act; or
       (2) the maintenance of certifiable systems and other 
     functions related to certification of national airspace 
     systems and services operated by the Federal Aviation 
     Administration on the date of enactment of this Act or flight 
     service station personnel.
       (b) Contract Tower Program.--Subsection (a)(1) shall not 
     apply to a Federal Aviation Administration air traffic 
     control tower operated under the contract tower program as of 
     the date of enactment of this Act.
       On page 69, after the item relating to section 623, insert 
     the following;

Sec. 624. Transfer of certain air traffic control functions prohibited.
                                 ______
                                 
  SA 894. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 824, to reauthorize the Federal Aviation 
Adminstration, and for other purposes; as follows:

       At the end of title IV, add the following:

     SEC. 405. GENERAL AVIATION AND AIR CHARTERS.

       Section 132(a) of the Aviation and Transportation Security 
     Act (49 U.S.C. 44944 note) is amended by striking ``12,500 
     pounds or more'' and inserting ``more than 12,500 pounds''.
                                 ______
                                 
  SA 895. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 824, to reauthorize the Federal Aviation 
Administration, and for other purposes; as follows:

       At the end of title IV, add the following:

     SEC. 405. AIR DEFENSE IDENTIFICATION ZONE.

       (a) In General.--If the Administrator of the Federal 
     Aviation Administration establishes an Air Defense 
     Identification Zone (in this section referred as an 
     ``ADIZ''), the Administrator shall, not later than 60 days 
     after the date of establishing the ADIZ, transmit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate, a report containing an 
     explanation of the need for the ADIZ. The Administrator shall 
     provide the Committees an updated report every 60 days until 
     the establishment of the ADIZ is rescinded. The reports and 
     updates shall be transmitted in classified form.
       (b) Existing ADIZ.--If an ADIZ is in effect on the date of 
     enactment of this Act, the Administrator shall transmit an 
     initial report under subsection (a) to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate not later than 30 days after the 
     date of enactment of this Act.
       (c) Reporting Requirements.--If a report required under 
     subsection (a) or (b) indicates

[[Page S7853]]

     that the ADIZ is to be continued, the Administrator shall 
     outline changes in procedures and requirements to improve 
     operational efficiency and minimize the operational impacts 
     of the ADIZ on pilots and air traffic controllers.
       (d) Definition.--In this section, the terms ``Air Defense 
     Identification Zone'' and ``ADIZ'' mean a zone established by 
     the Administrator with respect to airspace under 18,000 feet 
     in approximately a 15 to 38 mile radius around Washington, 
     District of Columbia, for which security measures are 
     extended beyond the existing 15-mile-no-fly zone around 
     Washington and in which general aviation aircraft are 
     required to adhere to certain procedures issued by the 
     Administrator.
                                 ______
                                 
  SA 896. Mr. INHOFE (for himself, Mr. Kyl, Mr. Thomas, Mr. Brownback, 
Mr. Grassley, Mr. Enzi, and Mr. McCain) submitted an amendment intended 
to be proposed by him to the bill S. 824, to reauthorize the Federal 
Aviation Administration, and for other purposes; as follows:

       At the end of title V, add the following new section:

     SECTION 521. AGE LIMITATIONS.

       (a) General.--Notwithstanding any other provision of law, 
     beginning on the date that is 30 days after the date of 
     enactment of this Act--
       (1) section 121.383(c) of title 14, Code of Federal 
     Regulations, shall not apply;
       (2) no certificate holder may use the services of any 
     person as a pilot on an airplane engaged in operations under 
     part 121 of title 14, Code of Federal Regulations, if that 
     person is 65 years of age or older; and
       (3) no person may serve as a pilot on an airplane engaged 
     in operations under part 121 of title 14, Code of Federal 
     Regulations, if that person is 65 years of age or older.
       (b) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     provisions of this section shall take effect on the date that 
     is 30 days after the date of enactment of this Act.
       (2) Interim limitation.--During the period that begins on 
     the date that is 30 days after the date of enactment of this 
     Act and ending on the date that is one year after such date--
       (A) subsection (a)(2) shall be applied by substituting 
     ``64'' for ``65''; and
       (B) subsection (a)(3) shall be applied by substituting 
     ``64'' for ``65''.
       (c) Certificate Holder.--For purposes of this section, the 
     term ``certificate holder'' means a holder of a certificate 
     to operate as an air carrier or commercial operator issued by 
     the Federal Aviation Administration.
       (d) Reservation of Safety Authority.--Nothing in this 
     section is intended to change the authority of the Federal 
     Aviation Administration to take steps to ensure the safety of 
     air transportation operations involving a pilot who is 60 
     years of age or older.
                                 ______
                                 
  SA 897. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 14, to enhance the energy security of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       Section 133 is amended:
       (1) on page 66, line 2 by inserting between ``717(f)(e)'' 
     and the period at the end the following:
       ``and paragraph (3) of this subsection.''
       (2) at subsection (b) by inserting the following new 
     paragraph:
       ``(3) The Commission may issue a certificate of public 
     convenience and necessity authorizing the construction and 
     operation of an Alaska natural gas transportation project 
     under this section or otherwise to an applicant only if an 
     Alaska group has a meaningful economic stake in such 
     applicant.
       (3) by inserting at the end the following new subsection:
       ``(j) Definitions.--In this section, the following 
     definitions apply:
       (1) The term ``Alaska group'' means an entity in which one 
     or more Regional Corporations (as defined in section 3(g) of 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et. 
     seq.)) has a controlling interest and in which such Regional 
     Corporations own, directly or indirectly, two-thirds of the 
     equity interest. The remaining one-third of the equity 
     interest in the Alaska group shall be held by an entity 
     established by the State of Alaska that facilitates indirect 
     broad-based economic participation by residents of the State 
     of Alaska who elect to participate in such ownership. If the 
     State of Alaska elects not to establish such an entity, or 
     the entity established by the State of Alaska elects to 
     purchase less than all of its allocated one-third equity 
     interest, such remaining interest shall be offered to the 
     Regional Corporations holding the controlling interest.
       (2) the term ``meaningful economic stake'' means a direct 
     or indirect equity interest of ten percent or more (or, at an 
     Alaska group's election, less) with adequate protections for 
     a minority interest holder.''
                                 ______
                                 
  SA 898. Mr. COCHRAN (for himself and Mr. Byrd) proposed an amendment 
to the bill S. 824, to reauthorize the Federal Aviation Administration, 
and for other purposes; as follows:

       On page 145, beginning with line 8, strike all down through 
     and including line 24 on part 147, and insert the following:

     SEC. 402. AVIATION SECURITY CAPITAL FUND.

       (a) In General.--There may be established within the 
     Department of Homeland Security a fund to be known as the 
     Aviation Security Capital Fund. There are authorized to be 
     appropriated to the Fund up to $500,000,000 for each of the 
     fiscal years 2004 through 2007, such amounts to be derived 
     from fees received under section 44940 of title 49, United 
     States Code. Amounts in the fund shall be allocated in such a 
     manner that--
       (1) 40 percent shall be made available for hub airports;
       (2) 20 percent shall be made available for medium hub 
     airports;
       (3) 15 percent shall be made available for small hub 
     airports and non-hub airports; and
       (4) 25 percent may be distributed at the Secretary's 
     discretion.
       (b) Purpose.--Amounts in the Fund shall be available to the 
     Secretary of Homeland Security to provide financial 
     assistance to airport sponsors to defray capital investment 
     in transportation security at airport facilities in 
     accordance with the provisions of this section. The program 
     shall be administered in concert with the airport improvement 
     program under chapter 417 of title 49, United States Code.
       (c) Apportionment.--Amounts made available under subsection 
     (a)(1), (a)(2), or (a)(3) shall be apportioned among the 
     airports in each category in accordance with a formula based 
     on the ratio that passenger enplanements at each airport in 
     the category bears to the total passenger enplanements at all 
     airports in that category.
       (d) Matching Requirements.--
       (1) In General.--Not less than the following percentage of 
     the costs of any project funded under this section shall be 
     derived from non-Federal sources:
       (A) For hub airports and medium hub airports, 25 percent.
       (B) For airports other than hub airports and medium hub 
     airports, 10 percent.
       (2) Use of bond proceeds.--In determining the amount of 
     nonfederal sources of funds, the proceeds of State and local 
     bond issues shall not be considered to be derived, directly 
     or indirectly, from Federal sources without regard to the 
     Federal income tax treatment of interest and principal of 
     such bonds.
       (e) Letters of Intent.--The Secretary of Homeland Security, 
     or his delegate, may execute letters of intent to commit 
     funding to airport sponsors from the Fund.
       (f) Conforming Amendment.--Section 44940(a)(1) of title 49, 
     United States Code, is amended by adding at the end the 
     following:
       ``(H) The costs of security-related capital improvements at 
     airports.''.
       (g) Definitions.--Any term used in this section that is 
     defined or used in chapter 417 of title 49 United States Code 
     has the meaning given that term in that chapter.
                                 ______
                                 
  SA 899. Mr. BURNS submitted an amendment intended to be proposed by 
him to the bill S. 824, to reauthorize the Federal Aviation 
Administration, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC.  .--RECOMMENDATIONS CONCERNING TRAVEL AGENTS.

       (a) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     transmit to Congress a report on any actions that should be 
     taken with respect to recommendations made by the National 
     Commission to Ensure Consumer Information and Choice in the 
     Airline Industry on--
       (1) the travel agent arbiter program; and
       (2) the special box on tickets for agents to include their 
     service fee charges.
       (b) Consultation.--In preparing this report, the Secretary 
     shall consult with representatives from the airline and 
     travel agent industry.
                                 ______
                                 
  SA 900. Mr. BURNS submitted an amendment intended to be proposed by 
him to the bill S. 824, to reauthorize the Federal Aviation 
Administration, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC.   . REIMBURSEMENT FOR LOSSES INCURRED BY GENERAL 
                   AVIATION ENTITIES.

       (a) In General.-- The Secretary of Transportation may make 
     grants to reimburse the following general aviation entities 
     for the security costs incurred and revenue foregone as a 
     result of the restrictions imposed by the Federal Government 
     following the terrorist attacks on the United States that 
     occurred on September 11, 2001, or the military action to 
     free the people of Iraq that commenced in March 2003:
       (1) General aviation entities that operate at Ronald Reagan 
     Washington National Airport.
       (2) Airports that are located within 15 miles of Ronald 
     Reagan Washington National Airport and were operating under 
     security restrictions on the date of enactment of this Act 
     and general aviation entities operating at those airports.
       (3) General aviation entities that were affected by Federal 
     Aviation Administration Notice to Airmen FDC 2/0199 and 
     section 352 of the Department of Transportation and Related 
     Agencies Appropriations Act, 2003 (P.L. 108-7, Division I).
       General aviation entities affected by implementation of 
     section 44939 of title 49, United States Code.

[[Page S7854]]

       (5) Any other general aviation entity that is prevented 
     from doing business or operating by an action of the Federal 
     Government prohibiting access to airspace by that entity.
       (b) Documentation.--Reimbursement under this section shall 
     be made in accordance with sworn financial statements or 
     other appropriate data submitted by each general aviation 
     entity demonstrating the costs incurred and revenue foregone 
     to the satisfaction of the Secretary.
       (c) General Aviation Entity Defined.--In this section, the 
     term ``general aviation entity'' means any person (other than 
     a scheduled air carrier or foreign air carrier, as such terms 
     are defined in section 40102 of title 49, United States Code) 
     that--
       (1) operates nonmilitary aircraft under part 91 of title 
     14, Code of Federal Regulations, for the purpose of 
     conducting its primary business;
       (2) manufacture nonmilitary aircraft with a maximum seating 
     capacity of fewer than 20 passengers or aircraft parts to be 
     used in such aircraft;
       (3) provides services necessary for nonmilitary operations 
     under such part 91; or
       (4) operates an airport, other than a primary airport (as 
     such terms are defined in such section 40102), that
       (A) is listed in the national plan of integrated airport 
     systems developed by the Federal Aviation Administration 
     under section 47103 of such title; or
       (B) is normally open to the public, is located within the 
     confines of enhanced class B airspace (as defined by the 
     Federal Aviation Administration in Notice to Airmen FDC 1/
     0618), and was closed as a result of an order issued by the 
     Federal Aviation Administration in the period beginning 
     September 11, 2001, and ending January 1, 2002, and remained 
     closed as a result of that order on January 1, 2002.

     Such terms includes fixed based operators, flight schools, 
     manufacturers of general aviation aircraft and products, 
     persons engaged in nonscheduled aviation enterprises, and 
     general aviation independent contractors.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000. 
     Such sums shall remain available until expended.
                                 ______
                                 
  SA 901. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 824, to reauthorize the Federal Aviation 
Administration, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC.   . REPORT ON PASSENGER PRESCREENING PROGRAM.

       (a) In General.--Within 90 days after the date of enactment 
     of this Act, the Secretary of Homeland Security, after 
     consultation with the Attorney General, shall submit a report 
     in writing to the Senate Committee on Commerce, Science, and 
     Transportation and Infrastructure on the potential impact of 
     the Transportation Security Administration's proposed 
     Computer Assisted Passenger Prescreening system, commonly 
     known as CAPPS II, on the privacy and civil liberties of 
     United States Citizens.
       (b) Specific Issues To Be Addressed.--The report shall 
     address the following:
       (1) Whether and for what period of time data gathered on 
     individual travelers will be retained, who will have access 
     to such data, and who will make decisions concerning access 
     to such data.
       (2) How the Transportation Security Administration will 
     treat the scores assigned to individual travelers to measure 
     the likelihood they may pose a security threat, including how 
     long such scores will be retained and whether and under what 
     circumstances they may be shared with other governmental, 
     non-governmental, or commercial entities.
       (3) The role airlines and outside vendors or contractors 
     will have in implementing and operating the system, and to 
     what extent will they have access, or the means to obtain 
     access, to data, scores, or other information generated by 
     the system.
       (4) The safeguards that will be implemented to ensure that 
     data, scores, or other information generated by the system 
     will be used only as officially intended.
       (5) The procedures that will be implemented to mitigate the 
     effect of any errors, and what procedural recourse will be 
     available to passengers who believe the system has wrongly 
     barred them from taking flights.
       (6) The oversight procedures that will be implemented to 
     ensure that, on an ongoing basis, privacy and civil liberties 
     issues will continue to be considered and addressed with high 
     priority as the system is installed, operated and updated.
                                 ______
                                 
  SA 902. Mrs. LINCOLN submitted an amendment intended to be proposed 
by her to the concurrent resolution S. Con. Res. 48, supporting the 
goals and ideals of ``National Epilepsy Awareness Month'' and urging 
support for epilepsy research and service programs; which was referred 
to the Committee on the Judiciary; as follows:

       On page 3, line 2, strike ``an annual'' and insert ``a''.
       On page 3, line 6, after the semicolon insert ``and''.
       On page 3, line 7, strike ``an increase in funding'' and 
     insert ``support''.
       On page 3, line 10, strike ``; and'' and all that follows 
     and insert a period.
       After the eighth clause of the preamble, insert the 
     following:
       Whereas a significant number of people with epilepsy may 
     lack access to medical care for the treatment of the disease;
       Amend the title by striking ``funding'' and inserting 
     ``support''.
                                 ______
                                 
  SA 903. Mr. BUNNING (for himself and Mrs. Boxer) submitted an 
amendment intended to be proposed by him to the bill S. 824, to 
reauthorize the Federal Aviation Administration, and for other 
purposes; as follows:

       At the appropriate place, insert the following new section:

     SEC. __. ARMING CARGO PILOTS AGAINST TERRORISM.

       (a) Short Title.--This section may be cited as the ``Arming 
     Cargo Pilots Against Terrorism Act''.
       (b) Findings.--Congress makes the following findings:
       (1) During the 107th Congress, both the Senate and the 
     House of Representatives overwhelmingly passed measures that 
     would have armed pilots of cargo aircraft.
       (2) Cargo aircraft do not have Federal air marshals, 
     trained cabin crew, or determined passengers to subdue 
     terrorists.
       (3) Cockpit doors on cargo aircraft, if present at all, 
     largely do not meet the security standards required for 
     commercial passenger aircraft.
       (4) Cargo aircraft vary in size and many are larger and 
     carry larger amounts of fuel than the aircraft hijacked on 
     September 11, 2001.
       (5) Aircraft cargo frequently contains hazardous material 
     and can contain deadly biological and chemical agents and 
     quantities of agents that cause communicable diseases.
       (6) Approximately 12,000 of the nation's 90,000 commercial 
     pilots serve as pilots and flight engineers on cargo 
     aircraft.
       (7) There are approximately 2,000 cargo flights per day in 
     the United States, many of which are loaded with fuel for 
     outbound international travel or are inbound from foreign 
     airports not secured by the Transportation Security 
     Administration.
       (8) Aircraft transporting cargo pose a serious risk as 
     potential terrorist targets that could be used as weapons of 
     mass destruction.
       (9) Pilots of cargo aircraft deserve the same ability to 
     protect themselves and the aircraft they pilot as other 
     commercial airline pilots.
       (10) Permitting pilots of cargo aircraft to carry firearms 
     creates an important last line of defense against a terrorist 
     effort to commandeer a cargo aircraft.
       (c) Sense of Congress.--It is the sense of Congress that 
     members of a flight deck crew of a cargo aircraft should be 
     armed with a firearm and taser to defend the cargo aircraft 
     against an attack by terrorists that could result in the use 
     of the aircraft as a weapon of mass destruction or for other 
     terrorist purposes.
       (d) Arming Cargo Pilots Against Terrorism.--Section 44921 
     of title 49, United States Code, is amended--
       (1) in subsection (a), by striking ``passenger'' each place 
     that it appears; and
       (2) in subsection (k)--
       (A) in paragraph (2)--
       (i) by striking ``or,'' and all that follows; and
       (ii) by inserting ``or any other flight deck crew 
     member.''; and
       (B) by adding at the end the following new paragraph:
       ``(3) All-cargo air transportation.--For the purposes of 
     this section, the term air transportation includes all-cargo 
     air transportation.''.
       (e) Time for Implementation.--The training of pilots as 
     Federal flight deck officers required in the amendments made 
     by subsection (d) shall begin as soon as practicable and no 
     later than 90 days after the date of enactment of this Act.
       (f) Effect on Other Laws.--The requirements of subsection 
     (e) shall have no effect on the deadlines for implementation 
     contained in section 44921 of title 49, United States Code, 
     as in effect on the day before the date of enactment of this 
     Act.
                                 ______
                                 
  SA 904. Mr. SPECTER (for himself, Mr. Santorum, and Mr. Daschle) 
submitted an amendment intended to be proposed by him to the bill S. 
824, to reauthorize the Federal Aviation Administration, and for other 
purposes; which was ordered to lie on the table as follows:

       On page 174, before line 1, insert the following new 
     section.

     SEC. 515A. MEASUREMENT OF HIGHWAY MILEAGE FOR PURPOSES OF 
                   DETERMINING ELIGIBILITY FOR ESSENTIAL AIR 
                   SERVICE SUBSIDIES.

       (a) Determination of Eligibility.--Subchapter II of chapter 
     417, as amended by section 515 of this Act, is amended by 
     adding at the end the following new section:

     ``Sec. 41747. Distance requirement applicable to eligibility 
       for essential air service subsidies

       ``(a) In General.--The Secretary shall not provide 
     assistance under this subchapter with respect to a place in 
     the 48 contiguous States that--

[[Page S7855]]

       ``(1) is less than 70 highway miles from the nearest hub 
     airport; or
       ``(2) requires a rate of subsidy per passenger in excess of 
     $200, unless such place is greater than 210 highway miles 
     from the nearest hub airport.
       ``(b) Determination of Mileage.--For purposes of this 
     section, the highway mileage between a place and the nearest 
     hub airport is the highway mileage of the most commonly used 
     route between the place and the hub airport. In identifying 
     such route, the Secretary shall--
       ``(1) consult with--
       ``(A) the metropolitan planning organization designated 
     under section 134 of title 23, United States Code, for the 
     metropolitan planning area within which such place is 
     located; or
       ``(B) if no such organization exists, the Governor of the 
     State in which such place is located, or the Governor's 
     designee; and
       ``(2) request, and accept as binding if provided within 60 
     days, the certification of such organization or person as to 
     the most commonly used route and the corresponding highway 
     mileage.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     417 is amended by inserting after the item relating to 
     section 41746 the following new item:

  ``41747. Distance requirement applicable to eligibility for essential 
              air service subsidies.''.

       (c) Repeal.--The following provisions of law are repealed:
       (1) Section 332 of the Department of Transportation and 
     Related Agencies Appropriations Act, 2000 (49 U.S.C. 41731 
     note).
       (2) Section 205 of the Wendell H. Ford Aviation Investment 
     and Reform Act for the 21st Century (49 U.S.C. 41731 note).
       (3) Section 334 of the Department of Transportation and 
     Related Agencies Appropriations Act, 1999 (section 101(g) of 
     division A of the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act, 1999) (Public Law 105-277; 
     112 Stat. 2681-471).
       (d) Secretarial Review.--
       (1) Request for review.--Any community with respect to 
     which the Secretary of Transportation has, between September 
     30, 1993, and the date of the enactment of this Act, 
     eliminated subsidies or terminated subsidy eligibility under 
     section 332 of the Department of Transportation and Related 
     Agencies Appropriations Act, 2000 (49 U.S.C. 41731 note), 
     section 205 of the Wendell H. Ford Aviation Investment and 
     Reform Act for the 21st Century (49 U.S.C. 41731 note), or 
     any prior law of similar effect, may request the Secretary to 
     review such action.
       (2) Eligibility determination.--Not later than 60 days 
     after receiving a request under paragraph (1), the Secretary 
     shall--
       (A) determine whether the community would have been subject 
     to such elimination of subsidies or termination of 
     eligibility under the distance requirement enacted by this 
     Act; and
       (B) issue a final order with respect to the eligibility of 
     such community for essential air service subsidies under 
     subchapter II of chapter 417 of title 49, United States Code, 
     as amended by this Act.
                                 ______
                                 
  SA 905. Mr. SPECTER (for himself, Mrs. Boxer, Mr. Durbin, and Mr. 
Dayton) submitted an amendment intended to be proposed by him to the 
bill S. 824, to reauthorize the Federal Aviation Administration, and 
for other purposes; as follows:

       At the end of title IV, add the following:

     SEC. 405. FOREIGN REPAIR STATION SAFETY AND SECURITY.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) Domestic repair station.--The term ``domestic repair 
     station'' means a repair station or shop that--
       (A) is described in section 44707(2) of title 49, United 
     States Code; and
       (B) is located in the United States.
       (3) Foreign repair station.--The term ``foreign repair 
     station'' means a repair station or shop that--
       (A) is described in section 44707(2) of title 49, United 
     States Code; and
       (B) is located outside of the United States.
       (4) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary for Border and Transportation Security of 
     the Department of Homeland Security.
       (b) Applicability of Standards.--Within 180 days after the 
     date of enactment of this Act, the Administrator shall issue 
     regulations to ensure that foreign repair stations meet the 
     same level of safety required of domestic repair stations.
       (c) Specific Standards.--In carrying out subsection (b), 
     the Administrator shall, at a minimum, specifically ensure 
     that foreign repair stations, as a condition of being 
     certified to work on United States registered aircraft--
       (1) institute a program of drug and alcohol testing of its 
     employees working on United States registered aircraft and 
     that such a program provides an equivalent level of safety 
     achieved by the drug and alcohol testing requirements that 
     workers are subject to at domestic repair stations;
       (2) agree to be subject to the same type and level of 
     inspection by the Federal Aviation Administration as domestic 
     repair stations and that such inspections occur without prior 
     notice to the country in which the station is located; and
       (3) follow the security procedures established under 
     subsection (d).
       (d) Security Audits.--
       (1) In general.--To ensure the security of maintenance and 
     repair work conducted on United States aircraft and 
     components at foreign repair stations, the Under Secretary, 
     in consultation with the Administrator, shall complete a 
     security review and audit of foreign repair stations 
     certified by the Administrator under part 145 of title 14, 
     Code of Federal Regulations. The review shall be completed 
     not later than 180 days after the date on which the Under 
     Secretary issues regulations under paragraph (6).
       (2) Addressing security concerns.--The Under Secretary 
     shall require a foreign repair station to address the 
     security issues and vulnerabilities identified in a security 
     audit conducted under paragraph (1) within 90 days of 
     providing notice to the repair station of the security issues 
     and vulnerabilities identified.
       (3) Suspensions and revocations of certificates.--
       (A) Failure to carry out effective security measures.--If 
     the Under Secretary determines as a result of a security 
     audit that a foreign repair station does not maintain and 
     carry out effective security measures or if a foreign repair 
     station does not address the security issues and 
     vulnerabilities as required under subsection (d)(2), the 
     Under Secretary shall notify the Administrator of the 
     determination. Upon receipt of the determination, the 
     Administrator shall suspend the certification of the repair 
     station until such time as the Under Secretary determines 
     that the repair station maintains and carries out effective 
     security measures and has addressed the security issues 
     identified in the audit, and transmits the determination to 
     the Administrator.
       (B) Immediate security risk.--If the Under Secretary 
     determines that a foreign repair station poses an immediate 
     security risk, the Under Secretary shall notify the 
     Administrator of the determination. Upon receipt of the 
     determination, the Administrator shall revoke the 
     certification of the repair station.
       (4) Failure to meet audit deadline.--If the security audits 
     required by paragraph (1) are not completed on or before the 
     date that is 180 days after the date on which the Under 
     Secretary issues regulations under paragraph (6), the 
     Administrator may not certify, or renew the certification of, 
     any foreign repair station until such audits are completed.
       (5) Priority for audits.--In conducting the audits 
     described in paragraph (1), the Under Secretary and the 
     Administrator shall give priority to foreign repair stations 
     located in countries identified by the United States 
     Government as posing the most significant security risks.
       (6) Regulations.--Not later than 180 days after the date of 
     enactment of this section, the Under Secretary, in 
     consultation with the Administrator, shall issue final 
     regulations to ensure the security of foreign and domestic 
     repair stations. If final regulations are not issued within 
     180 days of the date of enactment of this Act, the 
     Administrator may not certify, or renew the certification of, 
     any foreign repair station until such regulations have been 
     issued.
                                 ______
                                 
  SA 906. Mr. BINGAMAN (for himself, Mr. Inhofe, Ms. Snowe, Mr. 
Jeffords, Ms. Collins, Mr. Specter, Mr. Harkin, Mrs. Clinton, Mr. 
Schumer, Mr. Pryor, Mr. Nelson of Nebraska, Mrs. Lincoln, Mr. Grassley, 
Mr. Hagel, and Mr. Brownback) proposed an amendment to the bill S. 824, 
to reauthorize the Federal Aviation Administration, and for other 
purposes; as follows:

       Beginning on page 138, line 15, strike all through page 
     142, line 11.
                                 ______
                                 
  SA 907. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 824, to reauthorize the Federal Aviation 
Administration, and for other purposes; as follows:

       At the end of title II, add the following:

     SEC. 217. ANCHORAGE AIR TRAFFIC CONTROL.

       (a) In General.--Not later than September 30, 2004, the 
     Administrator of the Federal Aviation Administration shall 
     complete a study and transmit a report to the appropriate 
     committees regarding the feasibility of consolidating the 
     Anchorage Terminal Radar Approach Control and the Anchorage 
     Air Route Traffic Control Center at the existing Anchorage 
     Air Route Traffic Control Center facility.
       (b) Appropriate Committees.--In this section, the term 
     ``appropriate committees'' means the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives.
                                 ______
                                 
  SA 908. Mr. HOLLINGS (for Mr. Wyden) proposed an amendment to the 
bill S. 824, to reauthorize the Federal Aviation Administration, and 
for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC.  . REPORT ON PASSENGER PRESCREENING PROGRAM.

       (a) In General.--Within 90 days after the date of enactment 
     of this Act, the Secretary

[[Page S7856]]

     of Homeland Security, after consultation with the Attorney 
     General, shall submit a report in writing to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure on the potential impact of the Transportation 
     Security Administration's proposed Computer Assisted 
     Passenger Prescreening system, commonly known as CAPPS II, on 
     the privacy and civil liberties of United States Citizens.
       (b) Specific Issues To Be Addressed.--The report shall 
     address the following:
       (1) Whether and for what period of time data gathered on 
     individual travelers will be retained, who will have access 
     to such data, and who will make decisions concerning access 
     to such data.
       (2) How the Transportation Security Administration will 
     treat the scores assigned to individual travelers to measure 
     the likelihood they may pose a security threat, including how 
     long such scores will be retained and whether and under what 
     circumstances they may be shared with other governmental, 
     non-governmental, or commercial entities.
       (3) The role airlines and outside vendors or contractors 
     will have in implementing and operating the system, and to 
     what extent will they have access, or the means to obtain 
     access, to data, scores, or other information generated by 
     the system.
       (4) The safeguards that will be implemented to ensure that 
     data, scores, or other information generated by the system 
     will be used only as officially intended.
       (5) The procedures that will be implemented to mitigate the 
     effect of any errors, and what procedural recourse will be 
     available to passengers who believe the system has wrongly 
     barred them from taking flights.
       (6) The oversight procedures that will be implemented to 
     ensure that, on an ongoing basis, privacy and civil liberties 
     issues will continue to be considered and addressed with high 
     priority as the system is installed, operated and updated.
                                 ______
                                 
  SA 909. Mr. HOLLINGS (for Mr. Nelson of Florida) proposed an 
amendment to the bill S. 824, to reauthorize the Federal Aviation 
Administration, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC.  . MODIFICATION OF REQUIREMENTS REGARDING TRAINING TO 
                   OPERATE AIRCRAFT.

       (a) In General.--Section 44939 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 44939. TRAINING TO OPERATE CERTAIN AIRCRAFT

       ``(a) In General.--
       ``(1) Waiting period.--A person subject to regulation under 
     this part may provide training in the United States in the 
     operation of an aircraft to an individual who is an alien (as 
     defined in section 101(a)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(3))) or to any other 
     individual specified by the Under Secretary of Homeland 
     Security for Border and Transportation Security only if--
       ``(A) that person has notified the Under Secretary that the 
     individual has requested such training and furnished the 
     Under Secretary with that individual's identification in such 
     form as the Under Secretary may require; and
       ``(B) the Under Secretary has not directed, within 30 days 
     after being notified under subparagraph (A), that person not 
     to provide the requested training because the Under Secretary 
     has determined that the individual presents a risk to 
     aviation security or national security.
       ``(2) Notification-only individuals.--
       ``(A) In general.--The requirements of paragraph (1) shall 
     not apply to an alien individual who holds a visa issued 
     under title I of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) and who--
       ``(i) has earned a Federal Aviation Administration type 
     rating in an aircraft or has undergone type-specific 
     training, or
       ``(ii) holds a current pilot's license or foreign 
     equivalent commercial pilot's license that permits the person 
     to fly an aircraft with a maximum certificated takeoff weight 
     of more than 12,500 pounds as defined by the International 
     Civil Aviation Organization in Annex 1 to the Convention on 
     International Civil Aviation,
     if the person providing the training has notified the Under 
     Secretary that the individual has requested such training and 
     furnished the Under Secretary with that individual's visa 
     information.
       ``(B) Exception.--Subparagraph (A) does not apply to an 
     alien individual whose airman's certificate has been 
     suspended or revoked under procedures established by the 
     Under Secretary.
       ``(3) Expedited processing.--The waiting period under 
     paragraph (1) shall be expedited for an individual who--
       ``(A) has previously undergone a background records check 
     by the Foreign Terrorist Tracking Task Force;
       ``(B) is employed by a foreign air carrier certified under 
     part 129 of title 49, Code of Federal Regulations, that has a 
     TSA 1546 approved security program and who is undergoing 
     recurrent flight training;
       ``(C) is a foreign military pilot endorsed by the United 
     States Department of Defense for flight training; or
       ``(D) who has unescorted access to a secured area of an 
     airport designated under section 44936(a)(1)(A)(ii).
       ``(4) Investigation authority.--In order to determine 
     whether an individual requesting training described in 
     paragraph (1) presents a risk to aviation security or 
     national security the Under Secretary is authorized to use 
     the employment investigation authority provided by section 
     44936(a)(1)(A) for individuals applying for a position in 
     which the individual has unescorted access to a secured area 
     of an airport designated under section 44936(a)(1)(A)(ii).
       ``(5) Fee.--
       ``(A) In general.--The Under Secretary may assess a fee for 
     an investigation under this section, which may not exceed 
     $100 per individual (exclusive of the cost of transmitting 
     fingerprints collected at overseas facilities) during fiscal 
     years 2003 and 2004. For fiscal year 2005 and thereafter, the 
     Under Secretary may adjust the maximum amount of the fee to 
     reflect the cost of such an investigation.
       ``(B) Offset.--Notwithstanding section 3302 of title 31, 
     United States Code, any fee collected under this section--
       ``(i) shall be credited to the account in the Treasury from 
     which the expenses were incurred and shall be available to 
     the Under Secretary for those expenses; and
       ``(ii) shall remain available until expended.
       ``(b) Interruption of Training.--If the Under Secretary, 
     more than 30 days after receiving notification under 
     subsection (a)(1)(A) from a person providing training 
     described in subsection (a)(1) or at any time after receiving 
     notice from such a person under subsection (a)(2)(A), 
     determines that an individual receiving such training 
     presents a risk to aviation or national security, the Under 
     Secretary shall immediately notify the person providing the 
     training of the determination and that person shall 
     immediately terminate the training.
       ``(c) Covered Training.--For purposes of subsection (a), 
     the term `training'--
       ``(1) includes in-flight training, training in a simulator, 
     and any other form or aspect of training; but
       ``(2) does not include classroom instruction (also known as 
     ground school training), which may be provided during the 30-
     day period described in subsection (a)(1)(B).
       ``(d) Interagency Cooperation.--The Attorney General, the 
     Director of Central Intelligence, and the Administrator of 
     the Federal Aviation Administration shall cooperate with the 
     Under Secretary in implementing this section.
       ``(e) Security Awareness Training for Employment.--The 
     Under Secretary shall require flight schools to conduct a 
     security awareness program for flight school employees, and 
     for certified instructors who provide instruction for the 
     flight school but who are not employees thereof, to increase 
     their awareness of suspicious circumstances and activities of 
     individuals enrolling in or attending flight school.''.
       (b) Procedures.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Under Secretary of Homeland 
     Security for Border and Transportation Security shall 
     promulgate an interim final rule to implement section 44939 
     of title 49, United States Code, as amended by subsection 
     (a).
       (2) Use of overseas facilities.--In order to implement 
     section 44939 of title 49, United States Code, as amended by 
     subsection (a), United States Embassies and Consulates that 
     posses appropriate fingerprint collection equipment and 
     personnel certified to capture fingerprints shall fingerprint 
     services to aliens covered by that section if the Under 
     Secretary requires fingerprints in the administration of that 
     section, and shall transmit the fingerprints to the Under 
     Secretary or other agency designated by the Under Secretary. 
     The Attorney General and the Secretary of State shall 
     cooperate with the Under Secretary in carrying out this 
     paragraph.
       (3) Use of united states facilities.--If the Under 
     Secretary requires fingerprinting in the administration of 
     section 44939 of title 49, United States Code, the Under 
     Secretary may designate locations within the United States 
     that will provide fingerprinting services to individuals 
     covered by that section.
       (c) Effective Date.--The amendment made by subsection (a) 
     takes effect on the effective date of the interim final rule 
     required by subsection (b)(1).
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure a report on the 
     effectiveness of the activities carried out under section 
     44939 of title 49, United States Code, in reducing risks to 
     aviation security and national security.
                                 ______
                                 
  SA 910. Mr. HOLLINGS (for Mr. Jeffords (for himself and Mr. Leahy)) 
proposed an amendment to the bill S. 824, to reauthorize the Federal 
Aviation Administration, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC.   . 1-YEAR EXTENSION OF EAS ELIGIBILITY FOR COMMUNITIES 
                   TERMINATED IN 2003 DUE TO DECREASED AIR TRAVEL.

       Notwithstanding the rare of subsidy limitation in section 
     332 of the Department of Transportation and Related Agencies 
     Appropriations Act, 2000, the Secretary of Transportation may 
     not terminate an essential air

[[Page S7857]]

     service subsidy provided under chapter 417 of title 49, 
     United States Code, before the end of calendar year 2004 for 
     air service to a community--
       (1) whose calendar year ridership for 2000 was sufficient 
     to keep the per passenger subsidy below that limitation; and
       (2) that has received notice that its subsidy will be 
     terminated during calendar year 2003 because decreased 
     ridership has caused the subsidy to exceed that limitation.
                                 ______
                                 
  SA 911. Mr. HOLLINGS (for Mr. Bayh (for himself and Mr. Lugar) 
proposed an amendment to the bill S. 824, to reauthorize the Federal 
Aviation Administration, and for other purposes; as follows:

       At the end of title II, add the following:

     SEC. 217. GARY/CHICAGO AIRPORT FUNDING.

       The Administrator of the Federal Aviation Administration 
     shall, for purposes of chapter 471 of title 49, United States 
     Code, give priority consideration to a letter of intent 
     application for funding submitted by the City of Gary, 
     Indiana, or the State of Indiana, for the extension of the 
     main runway at the Gary/Chicago Airport. The letter of intent 
     application shall be considered upon completion of the 
     environmental impact statement and benefit cost analysis in 
     accordance with Federal Aviation Administration requirements. 
     The Administrator shall consider the letter of intent 
     application not later than 90 days after receiving it from 
     the applicant.
                                 ______
                                 
  SA 912. Mr. HOLLINGS (for Mr. Dodd) proposed an amendment to the bill 
S. 824, to reauthorize the Federal Aviation Administration, and for 
other purposes; as follows:

       At the appropriate place insert the following:

     SEC.   . LOCATION OF SHUTTLE SERVICE AT RONALD REAGAN 
                   WASHINGTON NATIONAL AIRPORT.

       The Airports Authority (as defined in section 49103(1) of 
     title 49, United States Code) shall in conjunction with the 
     Department of Transportation conduct a study on the 
     feasibility of housing the gates used by all air carrier 
     providing shuttle service from Ronald Reagan Washington 
     National Airport in the same terminal.
                                 ______
                                 
  SA 913. Mr. THOMAS proposed an amendment to the bill S. 824, to 
reauthorize the Federal Aviation Administration, and for other purposes 
as follows:

       At the end of title V, add the following new section:

     SEC. 521. EXEMPTION FOR JACKSON HOLE AIRPORT.

       (a) In General.--Notwithstanding chapter 475 of title 49, 
     United States Code, or any other provision of law, if the 
     Board of the Jackson Hole Airport in Wyoming and the 
     Secretary of the Interior agree that Stage 3 aircraft 
     technology represents a prudent and feasible technological 
     advance which, if implemented at the Jackson Hole Airport, 
     will result in a reduction in noise at Grand Teton National 
     Park--
       (1) the Jackson Hole Airport may impose restrictions on, or 
     prohibit, the operation of Stage 2 aircraft weighing less 
     than 75,000 pounds, with reasonable exemptions for public 
     health and safety;
       (2) the notice, study, and comment provisions of subchapter 
     II of chapter 475 of title 49, United States Code, and part 
     161 of title 14, Code of Federal Regulations, shall not apply 
     to the imposition of the restrictions;
       (3) the imposition of the restrictions shall not affect the 
     Airport's eligibility to receive a grant under title 49, 
     United States Code; and
       (4) the restrictions shall not be deemed to be 
     unreasonable, discriminatory, a violation of the assurances 
     required by section 47107(a) of title 49, United States Code, 
     or an undue burden on interstate commerce.
       (b) Definitions.--In this section, the terms ``Stage 2 
     aircraft'' and ``Stage 3 aircraft'' have the same meaning as 
     those terms have in chapter 475 of title 49, United States 
     Code.
                                 ______
                                 
  SA 914. Mr. LOTT proposed an amendment to amendment SA 905 submitted 
by Mr. Specter (for himself, Mrs. Boxer, Mr. Durbin, and Mr. Dayton) to 
the bill S. 824, to reauthorize the Federal Aviation Administration, 
and for other purposes; as follows:

       At the end of the amendment add the following:
       (  ) Study.--Notwithstanding the preceding provisions of 
     this section--
       (  ) the Administrator shall conduct a study of the need to 
     establish a program to ensure that foreign repair stations 
     meet the conditions and standards described in subsection 
     (c);
       (2) report the results of that study, together with the 
     Administrator's recommendations and conclusions to the 
     Congress within 180 days after the date of enactment of this 
     Act; and
       (3) the Administrator shall not issue regulations under 
     subsection (h).
                                 ______
                                 
  SA 915. Mr. SPECTER (for himself and Mr. Santorum) proposed an 
amendment to the bill S. 824, to reauthorize the Federal Aviation 
Administration, and for other purposes; as follows:

       At the end of Title V, add the following new section:
       (g) Measurement of Highway Mileage for Purposes of 
     Determining Eligibility for Essential Air Service 
     Subsidies.--
       (1) Determination of eligibility.--Subchapter II of Chapter 
     417 of title 49, United States Code, (as amended by 
     subsection (f) of this bill) is further amended by adding at 
     the end the following new section:

     ``Sec. 41746. Distance requirement applicable to eligibility 
       for essential air service subsidies

       ``(a) In General.--The Secretary shall not provide 
     assistance under this subchapter with respect to a place in 
     the 48 contiguous States that--
       ``(1) is less than 70 highway miles from the nearest hub 
     airport; or
       ``(2) requires a rate of subsidy per passenger in excess of 
     $200, unless such place is greater than 210 highway miles 
     from the nearest hub airport.
       ``(b) Determination of Mileage.--For purposes of Lancaster, 
     Pennsylvania, the highway mileage between a place and the 
     nearest hub airport is the highway mileage of the most 
     commonly used route between the place and the hub airport. In 
     identifying such route, the Secretary shall--
       ``(1) promulgate by regulation a standard for calculating 
     the mileage between Lancaster, Pennsylvania and a hub 
     airport; and
       ``(2) identify the most commonly used route for a community 
     by--
       ``(A) consulting with the Governor of a State or the 
     Governor's designee; and
       ``(B) considering the certification of the Governor of a 
     State or the Governor's designee as to the most commonly used 
     route.''.
       (b) Conforming Amendment.--The analysis for subchapter II 
     of chapter 417 of title 49, United States Code, (as amended 
     by subsection (f) of this bill) is further amended by 
     inserting after the item relating to section 41745 the 
     following new item:

``41746. Distance requirement applicable to eligibility for essential 
              air service subsidies.''.

       (h) Repeal.--The following provisions of law are repealed:
       (1) Section 332 of the Department of Transportation and 
     Related Agencies Appropriations Act, 2000 (49 U.S.C. 41731 
     note).
       (2) Section 205 of the Wendell H. Ford Aviation Investment 
     and Reform Act for the 21st Century (49 U.S.C. 41731 note).
       (3) Section 334 of the Department of Transportation and 
     Related Agencies Appropriations Act, 1999 (section 101(g) of 
     division A of the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act, 1999) (Public Law 105-277; 
     112 Stat. 2681-471).
       (i) Secretarial Review.--
       (1) Request for review.--Any community with respect to 
     which the Secretary has, between September 30, 1993, and the 
     date of the enactment of this Act, eliminated subsidies or 
     terminated subsidy eligibility under section 332 of the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 2000 (49 U.S.C. 41731 note), Section 205 
     of the Wendell H. Ford Aviation Investment and Reform Act for 
     the 21st Century (49 U.S.C. 41731 note), or any prior law of 
     similar effect, may request the Secretary to review such 
     action.
       (2) Eligibility determination.--Not later than 60 days 
     after receiving a request under subsection (i), the Secretary 
     shall--
       (A) determine whether the community would have been subject 
     to such elimination of subsidies or termination of 
     eligibility under the distance requirement enacted by the 
     amendment made by subsection (g) of this bill to subchapter 
     II of chapter 417 of title 49, United States Code; and
       (B) issue a final order with respect to the eligibility of 
     such community for essential air service subsidies under 
     subchapter II of chapter 417 of title 49, United States Code, 
     as amended by this Act.
                                 ______
                                 
  SA 916. Mr. HOLLINGS proposed an amendment to the bill S. 824, to 
reauthorize the Federal Aviation Administration, and for other 
purposes; as follows:

       At the appropriate place, insert the following:

     SEC.   . REMOVAL OF CAP ON TSA STAFFING LEVEL.

       The matter appearing under the heading ``Aviation 
     Security'' in the appropriations for the Transportation 
     Security Administration in the Transportation and Related 
     Agencies Appropriation Act, 2003 (Public Law 108-7; 117 Stat. 
     386) is amended by striking the fifth proviso.
                                 ______
                                 
  SA 917. Mr. HOLLINGS (for Mrs. Feinstein) proposed an amendment to 
the bill S. 824, to reauthorize the Federal Aviation Administration, 
and for other purposes; as follows:

       Strike section 664 and insert the following:

     SEC. 664. AIR QUALITY IN AIRCRAFT CABINS.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall undertake the studies and analysis 
     called for in the report of the National Research Council 
     entitled ``The Airliner Cabin Environment and the Health of 
     Passengers and Crew''.
       (b) Required Activities.--In carrying out this section, the 
     Administrator, at a minimum, shall--
       (1) conduct surveillance to monitor ozone in the cabin on a 
     representative number of flights and aircraft to determine 
     compliance

[[Page S7858]]

     with existing Federal Aviation Regulations for ozone;
       (2) collect pesticide exposure data to determine exposures 
     of passengers and crew;
       (3) analyze samples of residue from aircraft ventilation 
     ducts and filters after air quality incidents to identify the 
     contaminants to which passengers and crew were exposed;
       (4) analyze and study cabin air pressure and altitude; and
       (5) establish an air quality incident reporting system.
       (c) Report.--Not later than 30 months after the date of 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report on the findings of the Administrator under 
     this section.
                                 ______
                                 
  SA 918. Mr. HOLLINGS (for Mr. Rockefeller) proposed an amendment to 
the bill S. 824, to reauthorize the Federal Aviation Administration, 
and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC.  . PASS-THROUGH OF REFUNDED PASSENGER SECURITY FEES TO 
                   CODE-SHARE PARTNERS.

       (a) In General.--Within 30 days after the date of enactment 
     of this Act, each United States flag air carrier that 
     received a payment made under the second proviso of first 
     appropriation in title IV of the Emergency Wartime 
     Supplemental Appropriations Act, 2003 (Pub. L. 108-011; 117 
     Stat. 604) shall transfer to each air carrier with which it 
     had a code-share arrangement during the period covered by the 
     passenger security fees remitted under that proviso an amount 
     equal to that portion of the remittance under the proviso 
     that was attributable to passenger security fees paid or 
     collected by that code-share air carrier and taken into 
     account in determining the amount of the payment to the 
     United States flag air carrier.
       (b) DOT Inspector General Oversight.--The Inspector General 
     of the Department of Transportation shall review the 
     compliance of United States flag air carriers with subsection 
     (a), including determinations of amounts, determinations of 
     eligibility of code-share air carriers, and transfers of 
     funds to such air carriers under subsection (a).
       (c) Certification.--The chief executive officer of each 
     United States flag air carrier to which subsection (a) 
     applies shall certify to the Under Secretary of Homeland 
     Security for Border and Transportation Security, under 
     penalty of perjury, the air carrier's compliance with 
     subsection (a).
                                 ______
                                 
  SA 919. Mr. HOLLINGS (for Mr. Inouye) proposed an amendment to the 
bill S. 824, to reauthorize the Federal Aviation Administration, and 
for other purposes; as follows:

       At the end of subtitle A of title III, insert the 
     following:

     SEC. 305. AIR CARRIERS REQUIRED TO HONOR TICKETS FOR 
                   SUSPENDED SERVICE.

       (a) In General.--Section 145(a) of the Aviation and 
     Transportation Security Act of 2001 (49 U.S.C. 40101 note) is 
     amended by adding at the end the following: ``The Secretary 
     of Transportation shall give favorable consideration to 
     waiving the terms and conditions established by this section, 
     including those set forth in the guidance provided by the 
     Department in notices, dated August 8, 2002, November 14, 
     2002, and January 23, 2003, in cases where remaining carriers 
     operate additional flights to accommodate passengers whose 
     service was suspended, interrupted, or discontinued under 
     circumstances described in the preceding sentence over routes 
     located in isolated areas that are unusually dependent on air 
     transportation.''.
         (b) Extension.--Section 145(c) of such Act (49 U.S.C. 
     40101 note) is amended by striking ``more than'' and all that 
     follows through ``after'' and inserting ``more than 36 months 
     after''.
                                 ______
                                 
  SA 920. Mr. STEVENS proposed an amendment to the bill S. 824, to 
reauthorize the Federal Aviation Administration, and for other 
purposes; as follows:

       At the end of title V, insert the following:

     SEC. 521. AIR CARRIER CITIZENSHIP.

       Section 40102(a)(15)(C) of title 49, United States Code, is 
     amended by inserting ``which is under the actual control of 
     citizens of the United States,'' before ``and in which''.
                                 ______
                                 
  SA 921. Mr. HOLLINGS (for Mr. Harkin (for himself, Mr. Inhofe, and 
Mr. Grassley)) proposed an amendment to the bill S. 824, to reauthorize 
the Federal Aviation Administration, and for other purposes; as 
follows:

       At the end of title II, insert the following:

     SEC. 217. CIVIL PENALTY FOR CLOSURE OF AN AIRPORT WITHOUT 
                   PROVIDING SUFFICIENT NOTICE.

       (a) In General.--Chapter 463 is amended by adding at the 
     end the following:

     ``SEC. 46319. CLOSURE OF AN AIRPORT WITHOUT PROVIDING 
                   SUFFICIENT NOTICE.

       ``(a) Prohibition.--A public agency (as defined in section 
     47102) may not close an airport listed in the national plan 
     of integrated airport systems under section 47103 without 
     providing written notice to the Administrator of the Federal 
     Aviation Administration at least 30 days before the date of 
     the closure.
       ``(b) Publication of Notice.--The Administrator shall 
     publish each notice received under subsection (a) in the 
     Federal Register.
       ``(c) Civil Penalty.--A public agency violating subsection 
     (a) shall be liable for a civil penalty of $10,000 for each 
     day that the airport remains closed without having given the 
     notice required by this section.''.
       (b) Conforming Amendment.--The analysis for chapter 463 is 
     amended by adding at the end the following:

``46319. Closure of an airport without providing sufficient notice.''.
                                 ______
                                 
  SA 922. Mr. McCAIN (for Mr. Grassley (for himself and Mr. Baucus)) 
proposed an amendment to the bill S. 824, to reauthorize the Federal 
Aviation Administration, and for other purposes; as follows:

       On page 209, after line 13, add the following:

   TITLE VII--EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE 
                               AUTHORITY

     SEC. 701. EXTENSION OF EXPENDITURE AUTHORITY.

       (a) In General.--Paragraph (1) of section 9502(d) of the 
     Internal Revenue Code of 1986 (relating to expenditures from 
     Airport and Airway Trust Fund) is amended--
       (1) by striking ``October 1, 2003'' and inserting ``October 
     1, 2006'', and
       (2) by inserting before the semicolon at the end of 
     subparagraph (A) the following: ``or the Aviation Investment 
     and Revitalization Vision Act''.
       (b) Conforming Amendment.--Paragraph (2) of section 9502(f) 
     of the Internal Revenue Code of 1986 is amended by striking 
     ``October 1, 2003'' and inserting ``October 1, 2006''.
                                 ______
                                 
  SA 923. Mr. STEVENS proposed an amendment to the bill S. 824, to 
reauthorize the Federal Aviation Administration, and for other 
purposes; as follows:

       At the end of title V, add the following new section:

     SEC. 521. UNITED STATES PRESENCE IN GLOBAL AIR CARGO 
                   INDUSTRY.

       Section 41703 is amended by adding at the end the following 
     new subsection:
       ``(e) Cargo in Alaska.--
       ``(1) In general.--For the purposes of subsection (c), 
     eligible cargo taken on or off any aircraft at a place in 
     Alaska in the course of transportation of that cargo by any 
     combination of 2 or more air carriers or foreign air carriers 
     in either direction between a place in the United States and 
     a place outside the United States shall not be deemed to have 
     broken its international journey in, be taken on in, or be 
     destined for Alaska.
       ``(2) Eligible cargo.--For purposes of paragraph (1), the 
     term `eligible cargo' means cargo transported between Alaska 
     and any other place in the United States on a foreign air 
     carrier (having been transported from, or thereafter being 
     transported to, a place outside the United States on a 
     different air carrier or foreign air carrier) that is 
     carried--
       ``(A) under the code of a U.S. air carrier providing air 
     transportation to Alaska;
       ``(B) on an air carrier way bill of an air carrier 
     providing air transportation to Alaska;
       ``(C) under a term arrangement or block space agreement 
     with an air carrier; or
       ``(D) under the code of a U.S. air carrier for purposes of 
     transportation within the U.S.''.
                                 ______
                                 
  SA 924. Mr. McCONNELL (for Mrs. Lincoln) proposed an amendment to the 
concurrent resolution S. Con. Res. 48, supporting the goals and ideals 
of ``National Epilepsy Awareness Month'' and urging support for 
epilepsy research and service programs; as follows:

       On page 3, line 2, strike ``an annual'' and insert ``a''.
       On page 3, line 6, after the semicolon insert ``and''.
       On page 3, line 7, strike ``an increase in funding'' and 
     insert ``support''.
       On page 3, line 10, strike ``; and'' and all that follows 
     and insert a period.
                                 ______
                                 
  SA 925. Mr. McCONNELL (for Mrs. Lincoln) proposed an amendment to the 
concurrent resolution S. Con. Res. 48, supporting the goals and ideals 
of ``National Epilepsy Awareness Month'' and urging support for 
epilepsy research and service programs; as follows:

       After the eighth clause of the preamble, insert the 
     following:
       Whereas a significant number of people with epilepsy may 
     lack access to medical care for the treatment of the disease;
                                 ______
                                 
  SA 926. Mr. McCONNELL (for Mrs. Lincoln) proposed an amendment to the 
concurrent resolution S. Con. Res. 48, supporting the goals and ideals 
of ``National Epilepsy Awareness Month'' and urging support for 
epilepsy research and service programs; as follows:

       Amend the title as to read a concurrent resolution 
     supporting the goals and ideals of ``National Epilepsy 
     Awareness Month'' and urging support for epilepsy research 
     and service programs.

[[Page S7859]]



                          ____________________