[Congressional Record Volume 144, Number 100 (Thursday, July 23, 1998)]
[Senate]
[Pages S8944-S8945]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  1999

                                 ______
                                 

                      MCCONNELL AMENDMENT NO. 3326

  Mr. McCONNELL proposed an amendment to the bill, S. 2307, supra; as 
follows:

       On page 92, after line 25, add the following:

     SEC. 3____. JUDICIAL REVIEW OF CONSTITUTIONAL CLAIMS.

       (a) Expedited Consideration.--It shall be the duty of a 
     district court of the United States and the Supreme Court of 
     the United States to advance on the docket and to expedite to 
     the maximum extent practicable the disposition of any claim 
     challenging the constitutionality of section 1101(b) of the 
     Transportation Equity Act for the 21st Century (23 U.S.C. 101 
     note; 112 Stat. 113), whether on its face or as applied.
       (b) Appeal to Supreme Court.--
       (1) In general.--Notwithstanding any other provision of 
     law, any order of a district court of the United States 
     disposing of a claim described in subsection (a) shall be 
     reviewable by appeal directly to the Supreme Court of the 
     United States.
       (2) Deadlines for appeal.--
       (A) Notice of appeal.--Any appeal under paragraph (1) shall 
     be taken by a notice of appeal filed within 10 calendar days 
     after the date on which the order of the district court is 
     entered.
       (B) Jurisdictional statement.--The jurisdictional statement 
     shall be filed within 30 calendar days after the date on 
     which the order of the district court is entered.
       (3) Stays.--No stay of an order described in paragraph (1) 
     shall be issued by a single Justice of the Supreme Court.
       (c) Applicability.--Subsections (a) and (b) shall apply 
     with respect to any claim filed after June 9, 1998, but 
     before June 10, 1999.
                                 ______
                                 

                 DeWINE (AND OTHERS) AMENDMENT NO. 3327

  Mr. DeWINE (for himself, Mr. Coverdell, Mr. Graham, Mr. Bond, Mr. 
Grassley, and Mr. Faircloth) proposed an amendment to the bill, S. 
2307, supra; as follows:

       Beginning on page 8 of the bill, in line 17 after the colon 
     insert: Provided further, That not less than $2,000,000 shall 
     be available to support restoration of enhanced counter-
     narcotics operations around the island of Hispaniola.
       On page 5 of the bill, in line 4, strike ``$165,215,000'' 
     and insert ``$158,468,000''.
       On page 9 of the bill, in line 2, strike ``$388,693,000'' 
     and insert ``$426,173,000''.
       On page 9 of the bill, in line 4, strike ``$215,473,000'' 
     and insert ``$234,553,000''.
       On page 9 of the bill, in line 7, strike ``$46,131,000'' 
     and insert ``$55,131,000''.
       On page 9 of the bill, in line 9, strike ``$35,389,000'' 
     and insert ``$44,789,000''.
       On page 77 of the bill, in line 15, strike ``$10,500,000'' 
     and insert ``$17,247,000''.

[[Page S8945]]

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                       McCAIN AMENDMENT NO. 3328

  Mr. SHELBY (for Mr. McCain) proposed an amendment to the bill, S. 
2307, supra; as follows:

       At the appropriate place, insert:
       Sec.   . The change in definition for Amtrak capital 
     expenses shall not affect the legal characteristics of 
     capital and operating expenditures for purposes of Amtrak's 
     requirement to eliminate the use of appropriated funds for 
     operating expenses according to P.L. 105-134. No funds 
     appropriated for Amtrak in this Act shall be used to pay for 
     any wage, salary, or benefit increases that are a result of 
     any agreement entered into after October 1, 1997; Provided 
     further, That nothing in this Act shall affect Amtrak's legal 
     requirements to maintain its current system of accounting 
     under Generally Accepted Accounting Principles; Provided 
     further, That no later than 30 days after the end of each 
     quarter beginning with the first quarter in fiscal year 1999, 
     Amtrak shall submit to the Amtrak Reform Council and the 
     Senate Committee on Appropriations, and the Senate Committee 
     on Commerce, Science, and Transportation, a reporting of 
     specific expenditures for preventative maintenance, labor, 
     and other operating expenses from amounts made available 
     under this Act, and Amtrak's estimate of the amounts expected 
     to be expended for such expenses for the remainder of the 
     fiscal year.
                                 ______
                                 

               SPECTER (AND SANTORUM) AMENDMENT NO. 3329

  Mr. SHELBY (for Mr. Specter for himself and Mr. Santorum) proposed an 
amendment to the bill, S. 2307, supra; as follows:

       At the appropriate place in the bill, insert the following:
       Sec.   . Section 3 of the Act of July 17, 1952 (66 Stat. 
     746, chapter 921), and section 3 of the Act of July 17, 1952 
     (66 State. 571, chapter 922), are each amended in the 
     proviso--
       (1) by striking ``That'' and all that follows through ``the 
     collection of'' and inserting ``That the commission may 
     collect''; and
       (2) by striking ``, shall cease'' and all that follows 
     through the period at the end and inserting a period.
       On page 22 of the bill, in line 1, strike ``State of 
     Michigan,'' and insert: ``Oakland County, MI,''.
       On page 89 of the bill, in line 24, before the figure 
     ``2,700,000'' insert the following ``$200,000 is provided for 
     the Southeast Michigan commuter rail viability study; 
     $2,000,000 is provided for the major investment analysis of 
     Honolulu transit alternatives;''.
       On page 92 of the bill, after line 25, insert the 
     following:
       Sec.  . Section 1212(m) of Public Law 105-178 is amended 
     (1) in the subsection heading by inserting ``, Idaho and West 
     Virginia'' after ``Minnesota''; and (2) by inserting ``or the 
     States of Idaho or West Virginia'' after ``Minnesota''.
       In amendment No. 3324, in line 10, strike ``determine the 
     feasibility or providing reliable access connecting King Cove 
     and Cold Bay, Alaska'' and insert the following: ``study 
     rural access issues in Alaska''.
                                 ______
                                 

                JOHNSON (AND OTHERS) AMENDMENT NO. 3331

  Mr. SHELBY (for Mr. Johnson, for himself, Mr. Kohl, and Mr. Bond) 
proposed an amendment to the bill, S. 2307, supra; as follows:

       On page 30, after line 11, before the period insert the 
     following: Provided further, That, of the funds made 
     available under Sec. 5308, up to $10 million may be used for 
     the projects that include payments for the incremental costs 
     of biodiesel fuels: Provided further, That incremental costs 
     shall be limited to the cost difference between the cost of 
     alternative fuels and their petroleum-based alternatives''.
                                 ______
                                 

               DURBIN (AND LAUTENBERG) AMENDMENT NO. 3332

  Mr. SHELBY (for Mr. Durbin for himself and Mr. Lautenberg) proposed 
an amendment to the bill, S. 2307, supra; as follows:

       At the appropriate place, insert the following:

     SEC.  . PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS.

       (a) In General.--Section 41706 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 41706. Prohibitions against smoking on scheduled 
       flights

       ``(a) Smoking Prohibition in Intrastate and Interstate Air 
     Transportation.--An individual may not smoke in an aircraft 
     on a scheduled airline flight segment in interstate air 
     transportation or intrastate air transportation.
       ``(b) Smoking Prohibition in Foreign Air Transportation.-- 
     The Secretary of Transportation shall require all air 
     carriers and foreign air carriers to prohibit, on and after 
     the 120th day following the date of the enactment of this 
     section, smoking in any aircraft on a scheduled airline 
     flight segment within the United States or between a place in 
     the United States and a place outside the United States.
       ``(c) Limitation on Applicability.--With respect to an 
     aircraft operated by a foreign air carrier, the smoking 
     prohibitions contained in subsections (a) and (b) shall apply 
     only to the passenger cabin and lavatory of the aircraft. If 
     a foreign government objects to the application of subsection 
     (b) on the basis that it is an extraterritorial application 
     of the laws of the United States, the Secretary is authorized 
     to waive the application of subsection (b) to a foreign air 
     carrier licensed by that foreign government. The Secretary of 
     Transportation shall identify and enforce an alternative 
     smoking prohibition in lieu of subsection (b) that has been 
     negotiated by the Secretary and the objecting foreign 
     government through a bilateral negotiation process.
       ``(d) Regulations.--The Secretary shall prescribe 
     regulations necessary to carry out this section.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the 60th day following the date of the 
     enactment of this Act.
                                 ______
                                 

                        BURNS AMENDMENT NO. 3333

  Mr. SHELBY (for Mr. Burns) proposed an amendment to the bill, S. 
2307, supra; as follows:

       At the appropriate place, insert the following:

     SEC.  . HAZARDOUS MATERIALS.

       In the case of a state that, as of the date of enactment of 
     this Act, has in force and effect State hazardous material 
     transportation laws that are inconsistent with federal 
     hazardous material transportation laws with respect to 
     intrastate transportation of agricultural production 
     materials for transportation from agricultural retailer to 
     farm, farm to farm, and from farm to agricultural retailer, 
     within a 100-mile air radius, such inconsistent laws may 
     remain in force and effect for fiscal year 1999 only.
                                 ______
                                 

               LAUTENBERG (AND KERRY) AMENDMENT NO. 3334

  Mr. SHELBY (for Mr. Lautenberg, for himself and Mr. Kerry) proposed 
an amendment to the bill, S. 2307, supra; as follows:

       On page 79 of the bill, in line 21 before the period, 
     insert: ``Provided further, That the Secretary, acting 
     through the Administrator of the Federal Aviation 
     Administration, shall by January 1, 1999, take such actions 
     as may be necessary to ensure that each air carrier (as that 
     term is defined in section 40102 of title 49 U.S.C.) 
     prominently displays on every passenger ticket sold by any 
     means or mechanism a statement that reflects the national 
     average per passenger general fund subsidy based on the 
     fiscal year 1997 general fund appropriation from the Federal 
     Government to the Federal Aviation Administration; Provided 
     further that the Secretary of Transportation, acting through 
     the administrator of the Federal Highway Administration, 
     shall take such actions as may be necessary to ensure the 
     placement of signs, on each Federal-aid highway (as that term 
     is defined in section 101 of title 23, U.S.C.) that states 
     that, during fiscal year 1997, the Federal Government 
     provided a general fund appropriation at a level verified by 
     the Department of Transportation, for the subsidy of State 
     and local highway construction and maintenance''.
                                 ______
                                 

                       D'AMATO AMENDMENT NO. 3335

  Mr. SHELBY (for Mr. D'Amato) proposed an amendment to the bill, S. 
2307, supra; as follows:

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

     SEC. 3  . REIMBURSEMENT FOR SALARIES AND EXPENSES.

       The National Transportation Safety Board shall reimburse 
     the State of New York and local counties in New York during 
     the period beginning on June 12, 1997, and ending on 
     September 30, 1999, an aggregate amount equal to $6,059,000 
     for costs (including salaries and expenses) incurred in 
     connection with the crash of TWA Flight 800.

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