[Congressional Record Volume 142, Number 138 (Monday, September 30, 1996)]
[Senate]
[Pages S11938-S11940]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     FEDERAL AVIATION AUTHORIZATION ACT OF 1996--CONFERENCE REPORT

  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate now 
turn to the consideration of the conference report to accompany H.R. 
3539, the FAA reauthorization bill, which is an $8 billion bill to keep 
the airports in this country operating and for airline safety, and that 
the reading of the conference report be waived.
  The PRESIDING OFFICER. Is there objection?
  Mr. KENNEDY. I object, Mr. President.
  The PRESIDING OFFICER. There is objection.
  The clerk will read the report.
  The legislative clerk read as follows:

       The committee on conference--

  Mr. KENNEDY addressed the Chair.
  The PRESIDING OFFICER. The clerk will read the report.
  Mr. KENNEDY. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will read the report.
  Mr. KENNEDY. Is it appropriate to ask for a quorum?
  The PRESIDING OFFICER. A quorum call is not in order.
  Mr. KENNEDY. I appeal the ruling of the Chair and ask for the yeas 
and nays.
  The PRESIDING OFFICER. The yeas and nays have been requested.
  Mr. KENNEDY. Is there a sufficient second? I appeal the ruling of the 
Chair. A quorum is always in order. The appeal has been heard, and we 
are

[[Page S11939]]

entitled to have a quorum call at this time.
  The PRESIDING OFFICER. The Chair is advised by the Parliamentarian, 
at this point the reading of the report is the regular order. That has 
been appealed. Are the yeas and nays requested--
  Mr. KENNEDY. Yeas and nays.
  The PRESIDING OFFICER. On the appeal of the ruling of the Chair?
  Mr. KENNEDY. Yeas and nays, Mr. President.
  Mr. SARBANES. Parliamentary inquiry, Mr. President. What is the 
ruling of the Chair?
  The PRESIDING OFFICER. The ruling of the Chair is that the reading of 
the report is the next regular order on the advice of the 
Parliamentarian.
  Mr. SARBANES. Is the Chair ruling that the request for a quorum is 
not in order?
  The PRESIDING OFFICER. At this point, that is the ruling of the 
Chair.
  Mr. SARBANES. On what basis does the Chair make that ruling?
  The PRESIDING OFFICER. On the advice of the Parliamentarian. If 
Senators look at page 476 of the Senate procedure:

       The question of consideration cannot be raised until after 
     the report has been read and the reading may not be 
     interrupted even for a quorum call.

  Mr. KENNEDY. Parliamentary inquiry, Mr. President. The clerk has not 
commenced reading. It has not commenced.
  The PRESIDING OFFICER. The regular order, I am advised, is for the 
clerk to begin reading the conference report. The Senator objected to 
the reading. The Senator has objected to the request of the majority 
leader, so that the reading will commence.
  Mr. KENNEDY. I appeal the ruling of the Chair and ask for the yeas 
and nays.
  Mr. D'AMATO. There is no appeal.
  Mr. KENNEDY. Mr. President, I appeal the ruling of the Chair and ask 
for the yeas and nays.
  The PRESIDING OFFICER. The Chair will deny appealing the ruling of 
the Chair under the most extreme circumstances. The Senator has asked 
to appeal the ruling of the Chair. It is the opinion of the Chair, the 
yeas and nays having been ordered, that the clerk will call the roll on 
the appeal of the ruling of the Chair.
  The question is, shall the decision of the Chair stand?
  Mr. BENNETT. Mr. President, parliamentary inquiry. Was there a 
sufficient second for the seeking of the yeas and nays?
  Mr. BYRD addressed the Chair.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. The reading of the conference report should proceed. There 
should be no parliamentary inquiry or any other interruption except by 
unanimous consent.
  The PRESIDING OFFICER. That is the opinion of the Chair, but the 
Chair is also advised that except in very extraordinary circumstances 
the Senator is permitted to have an appeal of the ruling of the Chair. 
The Senator has asked for an appeal of the ruling of the Chair.
  Is there a sufficient second?
  Mr. KENNEDY. Sufficient second. Mr. President, I ask for the yeas and 
nays.
  Mr. GRAMM. I don't think there is a sufficient second.
  Mr. KENNEDY addressed the Chair.
  The PRESIDING OFFICER. It is not a debatable thing.
  Is there a sufficient second? There is not a sufficient second.
  Mr. GRAMM. Regular order.
  The PRESIDING OFFICER. The clerk will read the report.
  The question is on the appeal then. The Chair is not--
  Mr. KENNEDY. The question is on the appeal. I ask for the yeas and 
nays.
  The PRESIDING OFFICER. The question is, Shall the decision of the 
Chair stand as the judgment of the Senate? Those supporting the ruling 
of the Chair will vote yea; those desiring to sustain the appeal will 
vote nay.
  The appeal was rejected.
  Mr. KENNEDY. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The reading of the report is the next regular 
order. The clerk will read the report.
  The legislative clerk read as follows:

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     3539) to amend title 49, United States Code, to reauthorize 
     programs of the Federal Aviation Administration, and for 
     other purposes, having met, after full and free conference, 
     have agreed to recommend and do recommend to their respective 
     Houses this report, signed by a majority of the conferees.

  Mr. McCAIN. I ask unanimous consent that further reading of the 
report be dispensed with.
  The PRESIDING OFFICER. Is there objection?
  Mr. KENNEDY. Objection.
  The PRESIDING OFFICER. Objection is heard. The clerk will read the 
report.
  The legislative clerk continued with the reading of the conference 
report.
  During the reading of the conference report, the following occurred:
  Mr. McCAIN. Mr. President, I ask unanimous consent that further 
reading of the conference report be dispensed with.
  Mr. FEINGOLD. Mr. President, I object.
  Mr. KENNEDY. Mr. President, objection.
  The PRESIDING OFFICER. Objection is heard. The clerk will continue 
the reading of the report.
  The legislative clerk continued with the reading of the conference 
report.
  Mr. McCAIN. Mr. President, I ask unanimous consent that further 
reading of the bill be dispensed with.
  Mr. KENNEDY. I object.
  The PRESIDING OFFICER (Mr. Kempthorne). Objection is heard.
  The clerk will continue reading.
  The legislative clerk continued with the reading of the conference 
report.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the reading 
of the conference report be dispensed with.
  The PRESIDING OFFICER. Is there objection?
  Mr. KENNEDY. Objection.
  Mr. McCAIN. Reserving the right to object. I think that we should 
know what we are about here.
  The PRESIDING OFFICER. Objection has been heard. The clerk will 
continue to read.
  The legislative clerk continued with the reading of the conference 
report.
  Mr. McCAIN. Mr. President, I ask unanimous consent that further 
reading of the conference report be dispensed with.
  Mr. FEINGOLD. Objection. I object.
  The PRESIDING OFFICER. Objection is heard. The clerk will continue to 
read.
  The legislative clerk continued with the reading of the conference 
report.
  Mr. SANTORUM. Mr. President, I ask unanimous consent that the next 
title be considered as read.
  The PRESIDING OFFICER. Is there objection?
  Mr. FEINGOLD. I object.
  Mr. SANTORUM. I ask unanimous consent that the next page be 
considered as read.
  Mr. FEINGOLD. I object.
  Mr. SANTORUM. I ask unanimous consent that the next sentence be 
considered as read.
  Mr. FEINGOLD. I object.
  The PRESIDING OFFICER. Objection is heard.
  The legislative clerk continued with the reading of the conference 
report.
  Mr. SMITH. Mr. President, I ask unanimous consent that further 
reading of the bill be dispensed with.
  The PRESIDING OFFICER. Is there objection?
  Mr. FEINGOLD. I object.
  The PRESIDING OFFICER. Objection is heard.
  The clerk will continue.
  The legislative clerk continued with the reading of the conference 
report.
  Mr. McCAIN. Mr. President, I ask unanimous consent that further 
reading of the conference report be dispensed with.
  The PRESIDING OFFICER. Is there objection?
  Mr. HARKIN. I object.
  The PRESIDING OFFICER. The objection is heard.
  The clerk will continue to read.
  The legislative clerk continued with the reading of the conference 
report.
  Mr. McCAIN. Mr. President, I ask unanimous consent that further 
reading of the bill be dispensed with.
  The PRESIDING OFFICER. Is there objection?
  Mr. HARKIN. I object.
  The PRESIDING OFFICER. Objection is heard.
  The clerk will continue to report.

[[Page S11940]]

  The bill clerk continued with the reading of the Conference Report.
  Mr. McCAIN. Mr. President, I ask unanimous consent that further 
reading of the report be dispensed with.
  Mr. HARKIN. I object.
  The PRESIDING OFFICER. Objection is heard.
  The clerk will continue the reading of the report.
  The bill clerk continued with the reading of the conference report.
  Mr. McCAIN. Mr. President, I ask unanimous consent that further 
reading of the bill be dispensed with.
  The PRESIDING OFFICER. Is there objection?
  Mr. HARKIN. I object.
  The PRESIDING OFFICER. The Senator from Iowa has objected.
  The clerk will continue reading.
  The bill clerk continued with the reading of the conference report.
  Mr. LOTT. I ask unanimous consent that further reading be dispensed 
with, with the understanding that we have reached a unanimous-consent 
agreement we will enter into momentarily.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the conference report is printed in the House 
proceedings of the Record of September 26, 1996.)
  Mr. LOTT. After discussions with the distinguished Democratic leader 
and the Senator from Massachusetts, I believe we have an agreement here 
that would be in the best interest of all concerned in how we dispose 
of this legislation.
  I ask unanimous consent that the motion to proceed be agreed to.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. LOTT. The conference report is now before the Senate.

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