[Congressional Record Volume 141, Number 133 (Wednesday, August 9, 1995)]
[Senate]
[Pages S12103-S12105]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    THE TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS ACT, 1996

                                 ______


               SPECTER (AND SANTORUM) AMENDMENT NO. 2328

  Mr. SPECTER (for himself and Mr. Santorum) proposed an amendment to 
the bill (H.R. 2002) making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 1996, and for other purposes.

       On page 30, line 16, strike ``$985,000,000'' and insert 
     `$1,025,000,000''.
       On page 30, line 17, strike ``$2,105,850,000'' and insert 
     `$2,145,850,000''.
       On page 30, line 20, strike ``$400,000,000'' and insert 
     `$440,000,000''.
       On page 2, line 6, strike ``$56,500,000'' and insert 
     `$55,400,000''.
       On page 3, line 6, strike ``$9,710,000'' and insert 
     `$6,336,667''.
       On page 6, line 13, strike ``$139,689,000'' and insert 
     `$134,689,000''.
       On page 16, line 22, strike ``$215,886,000'' and insert 
     `$205,886,000''.
       On page 16, line 14, strike ``$70,000,000'' and insert 
     `$86,000,000''.
       On page 30, line 12, strike ``$42,000,000'' and insert 
     `$39,260,000''.
       On page 54, line 5, strike ``$5,000,000'' and insert 
     `$10,000,000''.
       On page 54, line 8, strike ``$99,364,000'' and insert 
     `$94,364,000''.
                                 ______


                       HARKIN AMENDMENT NO. 2329

  Mr. HARKIN proposed an amendment to the bill H.R. 2002, supra; as 
follows:

       At an appropriate place in the bill, add the following new 
     section:
       Sec.   . Section 201 of the Railway Labor Act (45 U.S.C. 
     181) is amended by adding at the end the following: ``As used 
     in this title, the term `foreign commerce' includes flight 
     operations (excluding ground operations performed by persons 
     other than flight crew members) conducted in whole or in part 
     outside the United States (as defined by section 40102(a)(41) 
     of title 49, United States Code) by an air carrier (as 
     defined by section 40102(a)(2) of such title).''.


                                employee

       Section 202 of such Act (45 U.S.C. 182) is amended by 
     adding at the end the following: ``As used in this title, the 
     term `employee' also includes flight crew members employed by 
     an air carrier (as defined by section 40102(a)(2) of title 
     49, United States Code) while such flight crew members 
     perform work in whole or in part outside the United States 
     (as defined by section 40102(a)(41) of such title).''.
                                 ______


                      BINGAMAN AMENDMENT NO. 2330

  Mr. BINGAMAN proposed an amendment to the bill H.R. 2002, supra; as 
follows:

       At the appropriate place in the bill, insert the following:

     SEC.   . ENERGY SAVINGS AT FEDERAL FACILITIES.

       (a) Reduction in Facilities Energy Costs.--The head of each 
     agency for which funds are made available under this Act 
     shall take all actions necessary to achieve during fiscal 
     year 1996 a 5 percent reduction, from fiscal year 1995 
     levels, in the energy costs of the facilities used by the 
     agency.
       (b) Use of Cost Savings.--An amount equal to the amount of 
     cost savings realized by an agency under subsection (a) shall 
     remain available for obligation through the end of fiscal 
     year 1997, without further authorization or appropriation, as 
     follows:
       (1) Conservation measures.--Fifty percent of the amount 
     shall remain available for the implementation of additional 
     energy conservation measures and for water conservation 
     measures at such facilities used by the agency as are 
     designated by the head of the agency.
       (2) Other purposes.--Fifty percent of the amount shall 
     remain available for use by the agency for such purposes as 
     are designated by the head of the agency, consistent with 
     applicable law.
       (c) Report.--
       (1) In general.--Not later than December 31, 1996, the head 
     of each agency described in subsection (a) shall submit a 
     report to Congress specifying the results of the actions 
     taken under subsection (a) and providing any recommendations 
     concerning how to further reduce energy costs and energy 
     consumption in the future.
       (2) Contents.--Each report shall--
       (A) specify the total energy costs of the facilities used 
     by the agency;
       (B) identify the reductions achieved; and
       (C) specify the actions that resulted in the reductions.
                                 ______


                 DORGAN (AND OTHERS) AMENDMENT NO. 2331

  Mr. HATFIELD (for Mr. Dorgan, for himself, Ms. Snowe, Mr. Dole, and 
Mr. Conrad) proposed an amendment to the bill H.R. 2002, supra; as 
follows:

       At the appropriate place, insert the following new section:

     SEC.   . STUDY OF AIR FARES.

       (a) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       (1) Adjusted air fares.--The term ``adjusted air fare'' 
     means an actual air fare that is adjusted for distance 
     traveled by a passenger.
       (2) Air carrier.--The term--
       (A) ``air carrier'' has the same meaning as in section 
     40102(a)(2) of title 49, United States Code; and
       (B) the terms ``regional commuter air carrier'', and 
     ``major air carrier'' shall have the meanings provided those 
     terms of the Secretary.
       (3) Airport.--The term ``airport'' has the same meaning as 
     in section 40102(9) of title 49, United States Code.
       (4) Commercial air carrier.--The term ``commercial air 
     carrier'' means an air carrier that provides air 
     transportation for commercial purposes (as determined by the 
     Secretary).
       (5) Hub airport.--The term ``hub airport'' has the same 
     meaning as in section 41731(a)(2) of title 49, United States 
     Code.
       (6) Large hub airport.--The term ``large hub airport''--
       (A) shall have the meaning provided that term by the 
     Secretary; and
       (B) does not include a small hub airport (as such term is 
     defined in section 41731(a)(5) of title 49, United States 
     Code).
       (7) Nonhub airport.--The term ``nonhub airport'' has the 
     same meaning as in section 41731(a)(4) of title 49, United 
     States Code.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (b) Study of Air Fares.--
       (1) In general.--The Secretary shall conduct a study to--
       (A) compare air fares paid (calculated as both actual and 
     adjusted air fares) for air transportation on flights 
     conducted by commercial air carriers--
       (i) between--

       (I) nonhub airports located in small communities; and
       (II) large hub airports; and

       (ii) between large hub airports; and
       (B) analyze--
       (i) the extent to which passenger service that is provided 
     from nonhub airports is provided on--

       (I) regional commuter commercial air carriers; or
       (II) major air carriers;

       (ii) the type of aircraft employed in providing passenger 
     service at nonhub airports; and
       (iii) whether there is competition among commercial air 
     carriers with respect to the provision of air service to 
     passengers from nonhub airports.
       (2) Findings.--The Secretary shall include in the study 
     conducted under this subsection findings made by the 
     Secretary concerning--
       (A) whether passengers who use commercial air carriers to 
     and from rural areas (as defined by the Secretary) pay a 
     disproportionately greater price for that transportation than 
     do passengers who use commercial air carriers between urban 
     areas (as defined by the Secretary);
       (B) the nature of competition, if any in rural markets (as 
     defined by the Secretary) for commercial air carriers;
       (C) whether a relationship exists between higher air fares 
     and competition among commercial air carriers for passengers 
     travelling on jet aircraft from small communities (as defined 
     by the Secretary) and, if such relationship exists, the 
     nature of that relationship;
       (D) the number of small communities that have lost air 
     service as a result of the deregulation of commercial air 
     carriers with respect to air fares;

[[Page S12104]]

       (E) the number of small communities served by airports with 
     respect to which, after the date on which the deregulation 
     referred to in subparagraph (D) occurred, jet air service was 
     replaced by turbo prop air service; and
       (F) with respect to the replacement in service referred to 
     in subparagraph (E), any corresponding decreases in available 
     seat capacity for consumers at the airports referred to in 
     that subparagraph.
       (c) Report.--Upon completion of the study conducted under 
     subsection (b), but not later than 60 days after the date of 
     enactment of this Act, the Secretary shall submit a report on 
     the study and the findings of the Secretary to the Committee 
     on Commerce, Science, and Transportation of the Senate.
                                 ______


                       INOUYE AMENDMENT NO. 2332

  Mr. HATFIELD (for Mr. Inouye) proposed an amendment to the bill H.R. 
2002, supra; as follows:

       On page 4, line 14, strike ``and Hawaii''.
                                 ______


                      HATFIELD AMENDMENT NO. 2333

  Mr. HATFIELD proposed an amendment to the bill H.R. 2002, supra; as 
follows:

       On bill page 71, line 9, strike ``(b)'' and insert ``(j)''.
                                 ______


                       BUMPERS AMENDMENT NO. 2334

  Mr. HATFIELD (for Mr. Bumpers) proposed an amendment to the bill H.R. 
2002, supra; as follows:

       On page 4, line 21, insert after ``. . . airport,'' 
     ``except for any such community in which is located an 
     airline maintenance facility performing required Federal 
     Aviation Regulation heavy engine heavy structural airframe 
     maintenance work in accordance with Part 135.411(a)(2).''
                                 ______


                        EXON AMENDMENT NO. 2335

  Mr. EXON proposed an amendment to the bill H.R. 2002, supra; as 
follows:

       At the appropriate place in the bill add the following new 
     section:

     SEC.   . THE RAILROAD SAFETY INSTITUTE.

       Of the money appropriated to the U.S. Department of 
     Transportation for Transportation Planning, Research and 
     Development, $1 million shall be made available to establish 
     and operate the Institute for Railroad Safety as authorized 
     by the Swift Rail Development Act of 1994.
                                 ______


                PRESSLER (AND OTHERS) AMENDMENT NO. 2336

  Mr. PRESSLER (for himself, Mr. Stevens, Mr. Baucus, Mr. Brown, Mr. 
Bumpers, Mr. Cochran, Mr. Hollings, Mr. Lott, Mr. Pell, Mr. Lautenberg, 
Mr. Gorton, Mr. Kerry, Ms.  Moseley-Braun, and Mr. Frist) proposed an 
amendment to the bill H.R. 2002, supra; as follows:

       At the appropriate place insert the following:

     SEC.   . SENSE OF SENATE REGARDING UNITED STATES/JAPAN 
                   AVIATION DISPUTE.

       (a) Findings.--The Congress finds that--
       (1) the Governments of the United States and Japan entered 
     into a bilateral aviation agreement in 1952 that has been 
     modified periodically to reflect changes in the aviation 
     relationship between the two countries;
       (2) in 1994 the total revenue value of passenger and 
     freight traffic for United States air carriers between the 
     United States and Japan was approximately $6 billion;
       (3) the United States/Japan bilateral aviation agreement 
     guarantees three U.S. carriers ``beyond rights'' that 
     authorize them to fly into Japan, take on additional 
     passengers and cargo, and then fly to another country;
       (4) the United States/Japan bilateral aviation agreement 
     requires that, within 45 days of filing a notice with the 
     Government of Japan, the Government of Japan must authorize 
     United States air carriers to serve routes guaranteed by 
     their ``beyond rights'';
       (5) United States air carriers have made substantial 
     economic investment in reliance upon the expectation their 
     rights under the United States/Japan bilateral aviation 
     agreement would be honored by the Government of Japan;
       (6) the Government of Japan has violated the United States/
     Japan bilateral aviation agreement by preventing United 
     States air carriers from serving
      routes clearly authorized by their ``beyond rights''; and
       (7) the refusal by the Government of Japan to respect the 
     terms of the United States/Japan bilateral aviation agreement 
     is having severe repercussions on United States air carriers 
     and, in general, customers of these United States air 
     carriers.
       (b) Action Requested.--The Congress--
       (1) calls upon the Government of Japan to honor and abide 
     by the terms of the United States/Japan bilateral aviation 
     agreement and immediately authorize United States air cargo 
     and passenger carriers which have pending route requests 
     relating to their ``beyond rights'' to immediately commence 
     service on the requested routes;
       (2) calls upon the President of the United States to 
     identify strong and appropriate forms of countermeasures that 
     could be taken against the Government of Japan for its 
     egregious violation of the United States/Japan bilateral 
     aviation agreement; and
       (3) calls upon the President of the United States to 
     promptly impose against the Government of Japan whatever 
     countermeasures are necessary and appropriate to ensure the 
     Government of Japan abides by the terms of the United States/
     Japan bilateral aviation agreement.
                                 ______


                JEFFORDS (AND LEAHY) AMENDMENT NO. 2337

  Mr. JEFFORDS (for himself and Mr. Leahy) proposed an amendment to the 
bill, H.R. 2002, supra; as follows:

       On page 4, line 2, strike ``$26,738,536'' and insert 
     ``$27,738,536''.
       On page 4, line 12, insert after ``That'' the following: 
     ``,except if service is provided to the only hub airport in a 
     State that is, as of the date of enactment of this Act, 
     served under a program under subchapter II of chapter 417 of 
     title 49, United States Code, and the service to that hub 
     airport has been discontinued and then reinstated during the 
     36-month period preceding the date of enactment of this 
     Act,''.
       On page 32, line 15, strike ``$333,000,000'' and insert 
     ``332,000,000''.
                                 ______


                        BOXER AMENDMENT NO. 2338

  Mr. HATFIELD (for Mrs. Boxer) proposed an amendment to the bill, H.R. 
2002, supra; as follows:

       On page 64, line 15, after the words ``States to'' insert 
     ``establish State infrastructure banks and to''.
       On page 64, line 21, strike the word ``An'' and insert ``A 
     State or''.
                                 ______


                      PRESSLER AMENDMENT NO. 2339

  Mr. HATFIELD (for Mr. Pressler) proposed an amendment to the bill 
H.R. 2002, supra; as follows:

  On Page 42, beginning on line 13, insert the following:


                         Salaries and Expenses

       For necessary expenses of the Interstate Commerce 
     Commission, $13,379,000 shall be for severance, closing 
     costs, and other expenses.
                                 ______


                  ROTH (AND OTHERS) AMENDMENT NO. 2340

  Mr. ROTH (for himself, Mr. Glenn, Mr. Cohen, Mr. Levin, and Mr. 
Pryor) proposed an amendment to the bill H.R. 2002, supra; as follows:

       Beginning on page 71, strike out line 13 and all that 
     follows through page 73, line 24.
                                 ______


                        BURNS AMENDMENT NO. 2341

  Mr. Burns proposed an amendment to the bill H.R. 2002, supra; as 
follows:

       At the appropriate place insert the following:

     SEC. 3  . DETERMINING OF MARKET DOMINANCE IN RAIL CARRIER 
                   RATE PROCEEDINGS.

       (a) In this section, ``market dominance'' means an absence 
     of effective competition from other carriers or modes of 
     transportation for the traffic to which a rate applies. Any 
     agricultural shipper without economically competitive 
     railroad or truck alternatives, shall be considered 
     ``captive'' to the market dominant railroad. Further, any 
     agricultural shipper or its representative, that does not 
     have access to two or more competing railroads for shipping 
     the same commodity from the same origin to the same market as 
     other agricultural shippers shipping to the same market, 
     shall be deemed ``captive'' by a market dominant railroad. 
     Competing railroads shall mean two railroads not under common 
     control for rate making purposes.
       (b) When a rate for transportation by a rail carrier that 
     is subject to the jurisdiction of an appropriate regulatory 
     federal agency, which is designated by Congress, and 
     adequately funded to protect the interests of ``captive'' 
     shippers, is challenged as being unreasonably high, the 
     Agency shall determine, within 90 days after start of 
     proceeding, whether the railroad carrier has market dominance 
     over the transportation to which the rate applies. After a 
     finding by the Agency that the carrier does have market 
     dominance, the affected shipper and traffic shall be 
     classified as ``captive.''
       (c) When the Agency finds, in any proceeding that a shipper 
     and associated traffic is captive, the Agency shall suspend 
     the carrier established rates and set the maximum reasonable 
     rates that may be charged by the market dominant railroad. 
     The Agency shall set the maximum reasonable rate at that 
     level which will return fair and reasonable profit to the 
     carrier that would have occurred had there been effective 
     transportation competition for the market dominant traffic. 
     This maximum reasonable rate level determination shall be 
     completed within 120 days of the initiation of the 
     proceeding. The Agency shall not set the maximum reasonable 
     rates any higher than earnings for traffic having similar 
     transportation characteristics with rail-to-rail competition 
     moving similar distances. In any event, the Agency will not 
     set the maximum rates higher than 180% of railroad systemwide 
     variable cost of the movement as determined by the Agency.

[[Page S12105]]

       (d) A market dominant carrier will be required to provide 
     its full common carrier obligation on rates and service to a 
     captive shipper without prejudice or preference, and without 
     any economic penalty to captive shippers. In addition, this 
     carrier shall offer identical or substantially similar 
     transportation services to captive shippers that it offers to 
     any other shipper moving a similar product on the market 
     dominant railroad carrier system.
                                 ______


                      FEINSTEIN AMENDMENT NO. 2342

  Mr. HATFIELD (for Mrs. Feinstein) proposed an amendment to the bill 
H.R. 2002, supra; as follows:

       At the appropriate point in the bill insert:
       ``Sec.  . The Secretary of Transportation is hereby 
     authorized and directed to enter into an agreement modifying 
     the agreement entered into pursuant to Section 339 of the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 1993 (Public Law 102-388) to conform such 
     agreement to the provisions of Section 336 of the Department 
     of Transportation and Related Agencies Appropriations Act, 
     1995 (Public Law 103-331). Nothing in this section changes 
     the amount of the previous appropriation section 339, and the 
     line of credit provided for shall not exceed an amount 
     supported by the previous appropriation. In implementing 
     either Section 339 or Section 336, the Secretary may enter 
     into an agreement requiring an interest rate that is higher 
     than that specified therein.''
                                 ______


                ABRAHAM (AND INHOFE) AMENDMENT NO. 2343

  Mr. HATFIELD (for Mr. Abraham for himself and Mr. Inhofe) proposed an 
amendment to the bill H.R. 2002, supra; as follows:

       At the appropriate place in title III, insert the 
     following:

     SEC. 3  . ELIMINATION OF CERTAIN HIGHWAY SAFETY ADVISORY 
                   COMMITTEES.

       (a) National Highway Safety Advisory Committee.
       (1) In general.--Section 404 of title 23, United States 
     Code, is repealed.
       (2) Conforming amendment.--The analysis for chapter 4 of 
     title 23, United States Code, is
      amended by striking the item relating to section 404.
       (b) Commercial Motor Vehicle Safety Regulatory Review 
     Panel.--
       (1) In general.--Section 31134 of title 49, United States 
     Code, is repealed.
       (2) Conforming amendments.--
       (A) The analysis for subchapter III of chapter 311 of title 
     49, United States Code, is amended by striking the item 
     relating to section 31134.
       (B) Section 31140 of title 49, United States Code, is 
     amended--
       (i) in subsection (a), by striking ``and the Commercial 
     Motor Vehicle Safety Regulatory Review Panel''; and
       (ii) in subsection (b)--
       (I) in paragraph (2), by striking ``the Panel or''; and
       (II) by striking ``the Panel'' each place it appears and 
     inserting ``the Secretary''.
       (C) Section 31141 of title 49, United States Code, is 
     amended--
       (i) by striking subsection (b) and inserting the following:
       ``(b) Annual Analysis by the Secretary.--The Secretary 
     annually shall analyze State laws and regulations and decide 
     which of the laws and regulations are related to commercial 
     motor vehicle safety.''; and
       (ii) in subsection (c)--
       (I) in paragraph (1), by striking ``The Secretary'' and all 
     that follows through ``shall--'' and inserting ``Not later 
     than 18 months after the date on which the Secretary makes a 
     decision under subsection (b) that a State law or regulation 
     is related to commercial motor vehicles safety or 18 months 
     after the date on which the Secretary prescribes a regulation 
     under section 31136, whichever is later, the Secretary 
     shall--''; and
       (II) in paragraph (5), by striking ``(5)(A) In'' and all 
     that follows through ``(B) In'' and inserting ``(5) In''.
                                 ______


                 WARNER (AND OTHERS) AMENDMENT NO. 2344

  Mr. WARNER (for himself, Mr. Chafee, and Mr. Baucus) proposed an 
amendment to the bill H.R. 2002, supra; as follows:

       At the appropriate place, insert the following:

     SEC. 3  . DELAY OF RESTRICTION ON AVAILABILITY OF CERTAIN 
                   HIGHWAY FUNDS; NATIONAL HIGHWAY SYSTEM 
                   DESIGNATION.

       (a) Delay of Restriction on Availability of Certain Highway 
     Funds.--Section 103(b) of title 23, United States Code, is 
     amended--
       (1) in paragraph (3)(B), by striking ``1995'' and inserting 
     ``1997''; and
       (b) National Highway System Designation.--Section 103 of 
     title 23, United States Code, is amended by inserting after 
     subsection (b) the following:
       ``(c) National Highway System Designation.--
       ``(1) Designation.--The most recent National Highway System 
     (as of the date of enactment of this subsection) as submitted 
     by the Secretary of Transportation pursuant to this section 
     is designated as the national Highway System.
       ``(2) Modifications.--
       ``(A) In general.--At the request of a State, the Secretary 
     may--
       ``(i) add a new route segment to the National Highway 
     System, including a new intermodal connection; or
       ``(ii) delete a route segment in existence on the date of 
     the request and any connection to the route segment;
      if the total mileage of the National Highway System 
     (including any route segment or connection proposed to be 
     added under this subparagraph) does not exceed 165,000 
     miles (265,542 kilometers).
       ``(B) Procedures for changes requested by states.--Each 
     State that makes a request for a change in the National 
     Highway System pursuant to subparagraph (A) shall establish 
     that each change in a route segment or connection referred to 
     in the subparagraph has been identified by the State, in 
     cooperation with local officials, pursuant to applicable 
     transportation planning activities for metropolitan areas 
     carried out under section 134 and statewide planning 
     processes carried out under section 135.
       ``(3) Approval by the secretary.--The Secretary may approve 
     a request made by a State for a change in the National 
     Highway System pursuant to paragraph (2) if the Secretary 
     determines that the change--
       ``(A) meets the criteria established for the National 
     Highway System under this title; and
       ``(B) enhances the national transportation characteristics 
     of the National Highway System.''.
       On page 69, line 3: At the end thereof insert the 
     following: ``and congestion mitigation and air quality 
     program funds. Provided, That a State shall not deposit funds 
     that are suballocated under title 23 or Public law 102-240.''
       On page 63, line 16: At the end thereof insert the 
     following: ``Provided, That prior year unobligated balances 
     may not be withdrawn and canceled that were suballocated 
     under title 23 or Public Law 102-240 or were made available 
     under the congestion mitigation and air quality program.''
                                 ______


                PRESSLER (AND OTHERS) AMENDMENT NO. 2345

  Mr. PRESSLER (for himself, Mr. Exon, and Mr. Harkin) proposed an 
amendment to the bill H.R. 2002, supra; as follows:

       At the appropriate place in the bill insert the following:
       On page 26, line 15, strike ``1996.'' and insert ``1996, 
     except for not more than $50,000,000 in loan guarantee 
     commitments during such fiscal year (and $5,000,000 is hereby 
     made available for the cost of such loan guarantee 
     commitments).''.
       On page 26, between lines 15 and 16, insert the following:


                     local rail freight assistance

       For necessary expenses for rail assistance under section 
     5(q) of the Department of Transportation Act, $12,000,000.
       On page 3, line 6, strike ``$9,710,000'' and insert 
     ``$6,300,000''.
       On page 6, line 13, strike ``$139,689,000'' and insert 
     ``$134,689,000''.
       On page 54, line 8, strike ``$99,364,000'' and insert 
     ``$94,364,000.''
     

                          ____________________