[Congressional Record Volume 142, Number 114 (Tuesday, July 30, 1996)]
[Senate]
[Pages S9162-S9164]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS 
                               ACT, 1997

                                 ______
                                 

                   HATFIELD AMENDMENTS NOS. 5123-5125

  Mr. HATFIELD proposed three amendments to the bill (H.R. 3675) making 
appropriations for the Department of Transportation and related 
agencies for the fiscal year ending September 30, 1997, and for other 
purposes; as follows:

                           Amendment No. 5123

       Strike section 346 and insert the following:

     SEC. 346. DEPARTMENT OF TRANSPORTATION VOLUNTARY SEPARATION 
                   INCENTIVE PAYMENTS.

       (a) Definitions.--For the purposes of this section--
       (1) the term ``agency'' means the following agencies of the 
     Department of Transportation:
       (A) the United States Coast Guard;
       (B) the Research and Special Programs Administration;
       (C) the St. Lawrence Seaway Development Corporation;
       (D) the Office of the Secretary;
       (E) the Federal Railroad Administration; and
       (F) any other agency of the Department with respect to 
     employees of such agency in positions targeted for reduction 
     under the National Performance Review;
       (2) the term ``employee'' means an employee (as defined by 
     section 2105 of title 5, United States Code) who is employed 
     by the agency serving under an appointment without time 
     limitation, and has been currently employed for a continuous 
     period of at least 3 years, but does not include--
       (A) a reemployed annuitant under subchapter III of chapter 
     83 or chapter 84 of title 5, United States Code, or another 
     retirement system for employees of the agency;
       (B) an employee having a disability on the basis of which 
     such employee is or would be eligible for disability 
     retirement under the applicable retirement system referred to 
     in subparagraph (A);
       (C) an employee who is in receipt of a specific notice of 
     involuntary separation for misconduct or unacceptable 
     performance;
       (D) an employee who, upon completing an additional period 
     of service as referred to in section 3(b)(2)(B)(ii) of the 
     Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597 
     note), would qualify for a voluntary separation incentive 
     payment under section 3 of such Act;
       (E) an employee who has previously received any voluntary 
     separation incentive payment by the Federal Government under 
     this section or any other authority and has not repaid such 
     payment;
       (F) an employee covered by statutory reemployment rights 
     who is on transfer to another organization; or
       (G) any employee who, during the twenty four month period 
     preceding the date of separation, has received a recruitment 
     or relocation bonus under section 5753 of title 5, United 
     States Code, or who, within the twelve month period preceding 
     the date of separation, received a retention allowance under 
     section 5754 of title 5, United States Code.
       (b) Agency Strategic Plan.--
       (1) In general.--The head of an agency, prior to obligating 
     any resources for voluntary separation incentive payments, 
     shall submit to the House and Senate Committees on 
     Appropriations and the Committee on Governmental Affairs of 
     the Senate and the Committee on Government Reform and 
     Oversight of the House of Representatives a strategic plan 
     outlining the intended use of such incentive payments and a 
     proposed organizational chart for the agency once such 
     incentive payments have been completed.
       (2) Contents.--The agency's plan shall include--
       (A) the positions and functions to be reduced or 
     eliminated, identified by organizational unit, geographic 
     location, occupational category and grade level;
       (B) the number and amounts of voluntary separation 
     incentive payments to be offered; and
       (C) a description of how the agency will operate without 
     the eliminated positions and functions.
       (c) Authority To Provide Voluntary Separation Incentive 
     Payments.--
       (1) In general.--A voluntary separation incentive payment 
     under this section may be paid by an agency to any employee 
     only to the extent necessary to eliminate the positions and 
     functions identified by the strategic plan.
       (2) Amount and treatment of payments.--A voluntary 
     separation incentive payment--
       (A) shall be paid in a lump sum after the employee's 
     separation;
       (B) shall be paid from appropriations or funds available 
     for the payment of the basic pay of the employees;
       (C) shall be equal to the lesser of--
       (i) an amount equal to the amount the employee would be 
     entitled to receive under section 5595(c) of title 5, United 
     States Code; or
       (ii) an amount determined by an agency head not to exceed 
     $25,000 in fiscal year 1997, $20,000 in fiscal year 1998, 
     $15,000 in fiscal year 1999, or $10,000 in fiscal year 2000;
       (D) shall not be a basis for payment, and shall not be 
     included in the computation, of any other type of Government 
     benefit; and
       (E) shall not be taken into account in determining the 
     amount of any severance pay to which the employee may be 
     entitled under section 5595 of title 5, United States Code, 
     based on any other separation.
       (3) Limitation.--No amount shall be payable under this 
     section based on any separation occurring before the date of 
     the enactment of this Act, or after September 30, 2000.
       (d) Additional Agency Contributions to the Retirement 
     Fund.--
       (1) In general.--In addition to any other payments which it 
     is required to make under subchapter III of chapter 83 of 
     title 5, United States Code, an agency shall remit to the 
     Office of Personnel Management for deposit in the Treasury of 
     the United States to the credit of the Civil Service 
     Retirement and Disability Fund an amount equal to 15 percent 
     of the final basic pay of each employee of the agency who is 
     covered under subchapter III of chapter 83 or chapter 84 of 
     title 5, United States Code, to whom a voluntary separation 
     incentive has been paid under this section.
       (2) Definition.--For the purpose of paragraph (1), the term 
     ``final basic pay'', with respect to an employee, means the 
     total amount of basic pay which would be payable for a year 
     of service by such employee, computed using the employee's 
     final rate of basic pay, and, if last serving on other than a 
     full-time basis, with appropriate adjustment therefor.
       (e) Effect of Subsequent Employment With the Government.--
     An individual who has received a voluntary separation 
     incentive payment under this section and accepts any 
     employment for compensation with the Government of the United 
     States, or who works for any agency of the United States 
     Government through a personal services contract, within 5 
     years after the date of the separation on which the payment 
     is based shall be required to pay, prior to the individual's 
     first day of employment, the entire amount of the incentive 
     payment to the agency that paid the incentive payment.
       (f) Reduction of Agency Employment Levels.--
       (1) In general.--The total number of funded employee 
     positions in an agency shall be reduced by one position for 
     each vacancy created by the separation of any employee who 
     has received, or is due to receive, a voluntary separation 
     incentive payment under this section. For the purposes of 
     this subsection, positions shall be counted on a full-time-
     equivalent basis.
       (2) Enforcement.--The President, through the Office of 
     Management and Budget, shall monitor each agency and take any 
     action necessary to ensure that the requirements of this 
     subsection are met.
       (g) Effective Date.--This section shall take effect October 
     1, 1996.
                                                                    ____


                           Amendment No. 5124

       On page 63 of the bill, line 24, strike ``Arkansas'' and 
     insert ``Alaska''.
                                                                    ____


                           Amendment No. 5125

       On page 60 of the bill, line 21, strike ``5307'' and insert 
     ``5311''.
                                 ______
                                 

                     LAUTENBERG AMENDMENT NO. 5126

  Mr. LAUTENBERG proposed an amendment to the bill, H.R. 3675, supra; 
as follows:

       On page 5, line 17, strike ``132,500,000'' and insert 
     ``132,499,000.''
       On page 14, line 22, strike ``187,000,000'' and insert 
     ``188,490,000.''
       On page 38, line 5, strike ``200,000,000'' and insert 
     ``198,510,000.''
                                 ______
                                 

                        KOHL AMENDMENT NO. 5127

  Mr. HATFIELD (for Mr. Kohl) proposed an amendment to the bill, H.R. 
3675, supra; as follows:

       Sec.--. It is the sense of the Senate that Congress should 
     actively consider legislation to establish the Saint Lawrence 
     Seaway Development Corporation as a performance-based 
     organization on a pilot basis beginning in fiscal year 1998.
                                 ______
                                 

[[Page S9163]]



                        BOND AMENDMENT NO. 5128

  Mr. HATFIELD (for Mr. Bond) proposed an amendment to the bill, H.R. 
3675, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC.  . FEDERAL AVIATION ADMINISTRATION PROCUREMENT.

       (a) Sense of the Congress.--It is the sense of the Congress 
     that the Administrator of the Federal Aviation Administration 
     should promote and encourage the use of full and open 
     competition as the preferred method of procurement for the 
     Federal Aviation Administration.
       (b) Independent Assessment.--Not later than December 31, 
     1997, the Administrator of the Federal Aviation 
     Administration shall--
       (1) take such action as may be necessary to provide for an 
     independent assessment of the acquisition management system 
     of the Federal Aviation Administration that includes a review 
     of any efforts of the Administrator in promoting and 
     encouraging the use of full and open competition as the 
     preferred method of procurement with respect to any contract 
     that involves an amount greater than $50,000,000; and
       (2) submit to the Congress a report on the findings of that 
     independent assessment.
       (c) Full and Open Competition Defined.--For purposes of 
     this section, the term ``full and open competition'' has the 
     meaning provided that term in section 4(6) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403(6)).
                                 ______
                                 

                   KERREY AND EXON AMENDMENT NO. 5129

  Mr. HATFIELD (Mr. Kerrey, for himself and Mr. Exon) proposed an 
amendment to the bill, H.R. 3675, supra; as follows:

       49 U.S.C. App. 2311 is amended by adding the following new 
     subsection:
       (d) Nebraska.--In addition to vehicles which the State of 
     Nebraska may continue to allow to be operated under 
     paragraphs (1)(A) and (1)(B) of this section, the State of 
     Nebraska may allow longer combination vehicles that were not 
     in actual operation on June 1, 1991 to be operated within its 
     boundaries to transport sugar beets from the field where such 
     sugar beets are harvested to storage, market, factory or 
     stockpile or from stockpile to storage, market or factory. 
     This provision shall expire on September 30, 1997.
                                 ______
                                 

                        LEVIN AMENDMENT NO. 5130

  Mr. HATFIELD (for Mr. Levin) proposed an amendment to the bill, H.R. 
3675, supra; as follows:

       At the end of title IV, add the following:

     SEC. 4  . HIGHWAY SAFETY IMPROVEMENT PROJECT, MICHIGAN.

       Of the amount appropriated for the highway safety 
     improvement project, Michigan, under the matter under the 
     heading ``Surface Transportation Projects'' under the heading 
     ``FEDERAL HIGHWAY ADMINISTRATION'' in title I of the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 1995 (Public Law 103-331; 108 Stat. 
     2478), for the purposes of right-of-way acquisition for 
     Baldwin Road, and engineering, right-of-way acquisition, and 
     construction between Walton Boulevard and Dixie Highway, 
     $2,000,000 shall be made available for construction of 
     Baldwin Road.
                                 ______
                                 

                       DORGAN AMENDMENT NO. 5131

  Mr. DORGAN proposed an amendment to the bill, H.R. 3675, supra; as 
follows:

       On page 2, line 6 after ``$53,376,000,'' insert the 
     following: ``of which such sums as necessary shall be used to 
     investigate anticompetitive practices in air transportation, 
     enforce Section 41712 of Title 49, and report to Congress by 
     the end of the fiscal year on its progress to address 
     anticompetitive practices, and''.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 5132

  Mr. McCAIN proposed an amendment to the bill, H.R. 3675, supra; as 
follows:

       On page 25, strike lines 9 through 14, provided that the 
     $200,000,000 thus saved be made available to the Secretary 
     for high priority rail, aviation and highway safety purposes.
       On page 29, line 6, strike ``$592,000,000'' and insert 
     ``$120,000,00, provided that the $130,000,000 thus saved be 
     made available to the Secretary for high priority rail, 
     aviation and highway safety purposes.''
                                 ______
                                 

                 DeWINE (AND OTHERS) AMENDMENT NO. 5133

  Mr. DeWINE (for himself, Mr. Lugar, Mr. Biden, and Mr. Exon) proposed 
an amendment to the bill, H.R. 3675, supra; as follows:

       At the end of title IV, add the following:
       Sec.   . (a) Section 120(c) of title 23, United States 
     Code, is amended by inserting ``rail-highway crossing 
     closure,'' after ``carpooling and vanpooling,''.
       (b) Section 130 of such title is amended by adding at the 
     end the following:
       ``(i) Incentive Payments for At-Grade Crossing Closures.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section and subject to paragraphs (2) and (3), a State 
     may, from sums available to the State under this section, 
     make incentive payments to local governments in the State 
     upon the permanent closure by such governments of public at-
     grade rail-highway crossings under the jurisdiction of such 
     governments.
       ``(2) Incentive payments by railroads.--A State may not 
     make an incentive payment under paragraph (1) to a local 
     government with respect to the closure of a crossing unless 
     the railroad owning the tracks on which the crossing is 
     located makes an incentive payment to the government with 
     respect to the closure.
       ``(3) Amount of state payment.--The amount of the incentive 
     payment payable to a local government by a State under 
     paragraph (1) with respect to a crossing may not exceed the 
     lesser of--
       ``(A) the amount of the incentive payment paid to the 
     government with respect to the crossing by the railroad 
     concerned under paragraph (2); or
       ``(B) $7,500.
       ``(4) Use of state payments.--A local government receiving 
     an incentive payment from a State under paragraph (1) shall 
     use the amount of the incentive payment for transportation 
     safety improvements.''.
                                 ______
                                 

                 DORGAN (AND OTHERS) AMENDMENT NO. 5134

  Mr. DORGAN (for himself, Mr. Conrad, Mr. Exon, Mr. Harkin, Mr. 
Pressler, and Mr. Daschle) proposed an amendment to the bill, H.R. 
3675, supra; as follows:

       On line 12 on page 41 after the semicolon, insert the 
     following: ``Provided further, That none of the funds 
     appropriated in this Act or otherwise made available may be 
     used to increase fees for services in connection with 
     licensing and related service fees, pursuant to 49 CFR Part 
     1002, STB Ex Parte No. 542, for services in connection with 
     rail maximum rate complaints,''.
                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 5135

  Mr. MURKOWSKI proposed an amendment to the bill, H.R. 3675, supra; as 
follows:

       At the appropriate place add the following:
       ``Sec.   . (a) Applicable Laws.--Section 24301 of Title 49, 
     United States Code, as amended by Section 504 of this Act, is 
     amended by adding at the end thereof the following:
       ``(q) Power Purchases.--The sale of power to Amtrak for its 
     own use, including operating its electric traction system, 
     does not constitute a direct sale of electric energy to an 
     ultimate consumer under section 212(h)(1) of the Federal 
     Power Act.''
       ``(b) Conforming Amendments.--Section 212(h)(2)(A) of the 
     Federal Power Act is amended by inserting ``Amtrak;'' after 
     ``a State or any political subdivision);''.''
                                 ______
                                 

                PRESSLER (AND OTHERS) AMENDMENT NO. 5136

  Mr. HATFIELD (for Mr. Pressler, for himself, Mr. Wyden, Mr. Exon, Mr. 
Harkin, and Mrs. Boxer) proposed an amendment to the bill, H.R. 3675, 
supra; as follows:

       On page 3, line 2, strike ``$4,158,000'' and insert 
     ``$3,000,000''.
       On page 5, line 17, strike ``$132,499,000'' and insert 
     ``$129,500,000''.
       On page 26, line 8, strike ``1997'' and insert ``1997, 
     except for up to $75,000,000 in loan guarantee commitments 
     during such fiscal year (and $4,158,000 is hereby made 
     available for the cost of such loan guarantee 
     commitments.).''
                                 ______
                                 

                     KEMPTHORNE AMENDMENT NO. 5137

  Mr. HATFIELD (for Mr. Kempthorne) proposed an amendment to the bill, 
H.R. 3675, supra; as follows:

       On page 47, of H.R. 3675: line 13, strike ``$5,000,000'' 
     and insert ``$15,000,000''.
                                 ______
                                 

                PRESSLER (AND OTHERS) AMENDMENT NO. 5138

  Mr. HATFIELD (for Mr. Pressler, for himself, Mr. Harkin, Mr. 
Grassley, Mr. Lott, Mr. Bond, and Mr. Lugar) proposed an amendment to 
the bill, H.R. 3675, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC.   . LIMITATION ON FUNDS USED TO ENFORCE REGULATIONS 
                   REGARDING ANIMAL FATS AND VEGETABLE OILS.

       None of the funds made available in this Act may be used by 
     the Coast Guard to issue, implement, or enforce a regulation 
     or to establish an interpretation or guideline under the 
     Edible Oil Regulatory Reform Act (Public Law 104-55) or the 
     amendments made by that Act that does not recognize and 
     provide for, with respect to fats, oils, and greases (as 
     described in that Act or the amendments made by that Act) 
     differences in--
       (1) physical, chemical, biological, and other relevant 
     properties; and
       (2) environmental effects.
                                 ______
                                 

                 GORTON (AND OTHERS) AMENDMENT NO. 5139

  Mr. HATFIELD (for Mr. Gorton, for himself, Mr. Baucus, and Mr. Burns)

[[Page S9164]]

proposed an amendment to the bill, H.R. 3675, supra; as follows:

       At the appropriate place in the bill, add the following:
       Sec.   . (a) In cases where an emergency ocean condition 
     causes erosion of a bank protecting a scenic highway or 
     byway, FY 1996 or FY 1997 Federal Highway Administration 
     Emergency Relief funds can be used to halt the erosion and 
     stabilize the bank if such action is necessary to protect the 
     highway from imminent failure and is less expensive than 
     highway relocation.
       (b) In cases where an emergency condition causes inundation 
     of a roadway or saturation of the subgrade with further 
     erosion due to abnormal freeze/thaw cycles and damage caused 
     by traffic, FY 1996 or FY 1997 Federal Highway Administration 
     Emergency Relief funds can be used to repair such roadway.
       (c) Not more than $8 million in Federal Highway 
     Administration Emergency Relief funds may be used for each of 
     the conditions referenced in paragraphs (a) and (b).
                                 ______
                                 

                        EXON AMENDMENT NO. 5140

  Mr. EXON proposed an amendment to the bill, H.R. 3675, supra; as 
follows:

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

     SEC.   . THE RAILROAD SAFETY INSTITUTE.

       Of the money available to the Federal Rail Administration 
     up to $500,000 shall be made available to establish and 
     operate the Institute for Railroad Safety as authorized by 
     the Swift Rail Development Act of 1994.

                          ____________________