To establish age limitations for airmen.

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]]

____________________