[Congressional Record Volume 142, Number 129 (Wednesday, September 18, 1996)]
[Senate]
[Pages S10842-S10843]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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            THE FEDERAL AVIATION REAUTHORIZATION ACT OF 1996

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                      DOMENICI AMENDMENT NO. 5368

  Mr. DOMENICI proposed an amendment to the bill (S. 1994) to amend 
title 49, United States Code, to reauthorize programs of the Federal 
Aviation Administration, and for other purposes; as follows:

       On page 119, line 1, strike all after ``activities'', 
     through ``collections'' on line 2.
                                 ______
                                 

                        BRYAN AMENDMENT NO. 5369

  Mr. BRYAN proposed an amendment to the bill, S. 1994, supra; as 
follows:

       At the appropriate place, insert the following:

     SEC.   . SPECIAL FLIGHT RULES IN THE VICINITY OF GRAND CANYON 
                   NATIONAL PARK.

       The Secretary of Transportation, acting through the 
     Administrator of the Federal Aviation Administration, shall 
     take such action as may be necessary to provide 30 additional 
     days for comment by interested persons on the special flight 
     rules in the vicinity of Grand Canyon National Park described 
     in the notice of proposed rulemaking issued on July 31, 1996, 
     at 61 Fed. Reg. 40120 et seq.
                                 ______
                                 

                 ROTH (AND MOYNIHAN) AMENDMENT NO. 5370

  Mr. ROTH (for himself and Mr. Moynihan) proposed an amendment to the 
bill, S. 1994, supra; as follows:

       At the appropriate place, insert the following:

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

     SEC.   . EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.

       Section 9502(d)(1) of the Internal Revenue Code of 1986 
     (relating to expenditures from Airport and Airway Trust Fund) 
     is amended by--
       (1) striking ``1996'' and inserting ``1997''; and
       (2) inserting ``or the Federal Aviation Reauthorization Act 
     of 1996'' after ``Administration Authorization Act of 1994''.
                                 ______
                                 

                  EXON (AND OTHERS) AMENDMENT NO. 5371

  Mr. EXON (for himself, Mr. Daschle, Mr. Dorgan, and Mr. Pressler) 
proposed an amendment to the bill, S. 1994, supra; as follows:

       On page 95 at the end of line 11 insert the following new 
     sentence: ``Services for which costs may be recovered 
     included the costs of air traffic control, navigation, 
     weather services, training and emergency services which are 
     available to facilitate safe transportation over the United 
     States, and other services provided by the Administrator or 
     by programs financed by the Administrator to flights that 
     neither take off nor land in the United States.''
                                 ______
                                 

                DORGAN (AND PRESSLER) AMENDMENT NO. 5372

  Mr. DORGAN (for himself and Mr. Pressler) proposed an amendment to 
the bill, S. 1994, supra; as follows:

       At the appropriate place, insert the following: 
     ``Notwithstanding any other provision of law, the Surface 
     Transportation Board shall not increase fees for services in 
     connection with rail maximum rate complaints pursuant to 49 
     CFR Part 1002, STB Ex Parte No. 542,''.
                                 ______
                                 

                       GRAHAM AMENDMENT NO. 5373

  Mr. FORD (for Mr. Graham) proposed an amendment to the bill, S. 1994, 
supra; as follows:

       At the appropriate place, insert the following new section:

     SEC. ____. ADVANCE ELECTRONIC TRANSMISSION OF CARGO AND 
                   PASSENGER INFORMATION.

       (a) Cargo Information.--
       (1) In general.--Section 431(b) of the Tariff Act of 1930 
     (19 U.S.C. 1431(b)) is amended--
       (A) by striking ``Any manifest'' and inserting ``(1) Any 
     manifest'', and
       (B) by adding at the end the following new paragraph:
       ``(2)(A) Every passenger air carrier required to make entry 
     or to obtain clearance under the customs laws of the United 
     States (or the authorized agent of such carrier) shall 
     provide by electronic transmission cargo manifest information 
     described in subparagraph (B) in advance of such entry or 
     clearance in such manner as the Secretary shall prescribe.
       ``(B) The information described in this subparagraph is as 
     follows:
       ``(i) The airport of arrival or departure, whichever is 
     appropriate.
       ``(ii) The airline prefix code.
       ``(iii) The carrier code.
       ``(iv) The flight number.
       ``(v) The date of scheduled arrival or date of departure, 
     whichever is appropriate.
       ``(vi) The permit to proceed to the destination, if 
     applicable.
       ``(vii) The master and house air waybill numbers and 
     quantities.
       ``(viii) The first airport of lading of the cargo.
       ``(ix) A description and weight of the cargo.
       ``(x) The shipper's name and address from all air waybills.
       ``(xi) The consignee name and address from all air 
     waybills.
       ``(xii) Notice that actual boarded quantities are not equal 
     to air waybill quantities.
       ``(xiii) Transfer or transit information.
       ``(xiv) Warehouse or other location of the cargo.
       ``(xv) Any other data that the Secretary may by regulation 
     prescribe.''.
       (2) Conforming amendment.--Subsection (d)(1)(A) of section 
     431 of such Act is amended by inserting before the semicolon 
     ``or subsection (b)(2)''.
       (b) Passenger Information.--The Part II of title IV of the 
     Tariff Act of 1930 is amended by inserting after section 431 
     the following new section:

     ``SEC. 432. PASSENGER MANIFEST INFORMATION REQUIRED FOR AIR 
                   CARRIERS.

       ``(a) In General.--Every passenger air carrier required to 
     make entry or obtain clearance under the customs laws of the 
     United States (or the authorized agent of such carrier) shall 
     provide by electronic transmission passenger manifest 
     information described in subsection (b) in advance of such 
     entry or clearance in such manner and form as the Secretary 
     shall prescribe.
       ``(b) Information Described.--The information described in 
     this subsection is as follows:
       ``(1) Full name of each passenger.
       ``(2) Date of birth and citizenship of each passenger.
       ``(3) Passport number and country of issuance of each 
     passenger.
       ``(4) Passenger name record.
       ``(5) Any additional data that the Secretary, by 
     regulation, determines is reasonably necessary to ensure 
     aviation safety pursuant to the Customs laws of the United 
     States.''.
       (c) Definition.--Section 401 of the Tariff Act of 1930 is 
     amended by adding at the end the following new subsection:
       ``(t) Passenger Air Carrier.--The term `passenger air 
     carrier' means an air carrier (as defined in section 
     40102(a)(2) of title 49, United States Code) or foreign air 
     carrier (as defined in section 40102(a)(21) of such title 49) 
     that provides transportation of passengers to or from any 
     place in the United States.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect 45 days after the date of the enactment of 
     this Act.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 5374

  Mr. McCAIN proposed an amendment to the bill, S. 1994, supra; as 
follows:

       On page 111, beginning with line 16, strike through line 10 
     on page 115 and insert the following:
       (c) Consideration in Senate.--An implementing bill 
     introduced in the Senate shall be referred to the Committee 
     on Commerce, Science, and Transportation. The Committee on 
     Commerce, Science, and Transportation shall report the bill 
     with its recommendations within 60 days following the date of 
     introduction of that bill. Upon the reporting of the bill by 
     the Committee on Commerce, Science, and Transportation, the 
     reported bill shall be referred sequentially to the Committee 
     on Finance for a period of 60 legislative days.
       On page 116, strike lines 3 through 9.
                                 ______
                                 

                        BROWN AMENDMENT NO. 5375

  (Ordered to lie on the table.)
  Mr. BROWN submitted an amendment intended to be proposed by him to 
the bill, S. 1994, supra; as follows:

       At the appropriate place in title VI, insert the following 
     new section:

     SEC. 6  . REQUIREMENTS FOR PROCUREMENT CONTRACTS.

       (a) Grants.--
       (1) In general.--Notwithstanding any other provision of 
     law, neither the Secretary

[[Page S10843]]

     nor the Administrator may award a grant for an airport-
     related project unless the grant agreement specifies that, 
     subject to paragraph (2)--
       (A) competitive procedures shall be used for awarding any 
     contract in an amount greater than or equal to $5,000,000 
     that is funded in whole or in part with funds made available 
     by the grant; and
       (B) the reporting requirements under subsection (b) shall 
     apply to any contract funded in whole or in part with such 
     funds that is awarded without using competitive procedures.
       (2) Exceptions.--The exclusion of a particular source by a 
     contractor for reasons described in subsection (b) of section 
     303 of the Federal Property and Administrative Services Act 
     of 1949 (41 U.S.C. 253) and a failure to use competitive 
     procedures for reasons that, under subsection (c) of such 
     section, would justify a failure of the head of an executive 
     agency to use competitive procedures shall not be considered 
     a violation of a clause included in a grant agreement under 
     paragraph (1) and shall not necessitate a report under that 
     paragraph.
       (3) Applicability.--Paragraph (1) shall apply to grants 
     referred to in this paragraph that are awarded on or after 
     the date of enactment of this Act.
       (b) Content of Report.--A report submitted under this 
     section shall state--
       (1) the number of bids from qualified bidders that were in 
     amounts lower than the amount specified in the bid submitted 
     by the bidder awarded the contract;
       (2) for each bid referred to in paragraph (1) (other than 
     the bid submitted by the bidder awarded the contract)--
       (A) the amount by which the bid submitted by the bidder 
     awarded the contract exceeded the lower bid;
       (B) a description of any qualitative differences between 
     the property or services that were the subject of the lower 
     bid and the property or services that are the subject of the 
     bid submitted by the bidder awarded the contract; and
       (C) a justification for rejecting the lower bid, including 
     any exception under applicable law.
       (c) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) Competitive procedures.--The term ``competitive 
     procedures''--
       (A) with respect to the awarding of a contract by the 
     Secretary or the Administrator, has the meaning provided that 
     term in section 4(5) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403(5)); and
       (B) with respect to the awarding of a contract or 
     subcontract by a contractor, contracting procedures that the 
     Secretary or the Administrator (as the case may be) 
     determines are substantially similar to the competitive 
     procedures used by the Secretary for the acquisition of the 
     same or similar property or services.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
                                 ______
                                 

                       SIMPSON AMENDMENT NO. 5376

  (Ordered to lie on the table.)
  Mr. SIMPSON submitted an amendment intended to be proposed by him to 
the bill, S. 1994, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC.   . PILOT AGE RESTRICTION.

       The Secretary of Transportation, acting through the 
     Administrator of the Federal Aviation Administration, shall--
       (1) determine criteria for granting exemptions to the 
     regulations of the Federal Aviation Administration that 
     restrict commercial pilots who have attained the age of 60; 
     and
       (2) revise to the regulations of the Federal Aviation 
     Administration to provide for exemptions referred to in 
     paragraph (1).
                                 ______
                                 

                        HELMS AMENDMENT NO. 5377

  Mr. McCAIN (for Mr. Helms) proposed an amendment to the bill, S. 
1994, supra; as follows:

       On page 39, line 20, insert the following:

     SEC. 41  . TRANSFER OF AIR TRAFFIC CONTROL TOWER; CLOSING OF 
                   FLIGHT SERVICE STATIONS.

       (a) Hickory, North Carolina Tower.--
       (1) Transfer.--The Administrator of the Federal Aviation 
     Administration may transfer any title, right, or interest the 
     United Stats has in the air traffic control tower located at 
     the Hickory Regional Airport to the City of Hickory, North 
     Carolina, for the purpose of enabling the city to provide air 
     traffic control services to operators of aircraft.
                                 ______
                                 

                        BROWN AMENDMENT NO. 5378

  Mr. McCain (for Mr. Brown) proposed an amendment to the bill, S. 
1994, supra; as follows:

       At the appropriate place insert the following:

     SEC.  . REPORTING FOR PROCUREMENT CONTRACTS.

       Section 47112 is amended by adding at the end the following 
     new subsection:
       ``(d) Reporting for Procurement Contracts.--(1) The 
     Secretary of Transportation shall promulgate regulations to 
     require that each grant agreement that includes the awarding 
     of any contract that includes Federal funds in an amount 
     greater than or equal to $5,000,000 under this subchapter 
     provides for a report to the Secretary that states--
       ``(A) the number of bids from qualified, responsive and 
     reasonable bidders that were in amounts lower than the amount 
     specified in the bid submitted by the bidder awarded the 
     contract;
       ``(B) for each bid referred to in subparagraph A (other 
     than the bid submitted by the bidder awarded the contract) 
     the amount by which the bid submitted by the bidder awarded 
     the contract exceeded the lower bid.
       ``(2) Applicability.--This subsection shall apply to grants 
     referred to in this paragraph that are awarded on or after 
     the date of enactment of this Act.''.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 5379

  Mr. McCain proposed an amendment to the bill, S. 1994, supra; as 
follows:

       On page 2, in the item relating to title III, strike 
     ``AIRPORT'' and insert ``AVIATION''.
       On page 14, line 11, strike ``AIRPORT'' and insert 
     ``AVIATION''.

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