[Congressional Record Volume 144, Number 128 (Wednesday, September 23, 1998)]
[Senate]
[Pages S10831-S10833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 WENDELL H. FORD NATIONAL AIR TRANSPORTATION SYSTEM IMPROVEMENT ACT OF 
                                  1998

  The Senate continued with the consideration of the bill.


             Amendments Nos. 3623, 3624, And 3625, En Bloc

  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. On behalf of Senator Snowe, I send three amendments to 
the desk and ask unanimous consent that they be considered en bloc.
  The PRESIDING OFFICER. The clerk will report the amendments.
  The assistant legislative clerk read as follows:

       The Senator from Arizona [Mr. McCain], for Ms. Snowe, 
     proposes amendments en bloc numbered 3623, 3624 and 3625.

  The amendments are as follows:


                           Amendment No. 3623

  (Purpose: To provide increased civil penalties for violation of the 
prohibition against discrimination against handicapped individuals, and 
                          for other purposes)

       On page 121, line 1, strike ``INTERNATIONAL''.
       On page 121, line 3, before ``The'' insert ``(a) 
     Establishment of Higher International Standards.--''.
       On page 121, between lines 9 and 10, insert the following:
       (b) Increased Civil Penalties.--Section 46301(a) is amended 
     by--
       (1) inserting ``41705,'' after ``41704,'' in paragraph 
     (1)(A); and
       (2) adding at the end thereof the following:
       ``(7) Unless an air carrier that violates section 41705 
     with respect to an individual provides that individual a 
     credit or voucher for the purchase of a ticket on that air 
     carrier or any affiliated air carrier in an amount 
     (determined by the Secretary) of--
       ``(A) not less than $500 and not more than $2,500 for the 
     first violation; or
       ``(B) not less than $2,500 and not more than $5,000 for any 
     subsequent violation, that air carrier is liable to the 
     United States Government for a civil penalty, determined by 
     the Secretary, of not more than 100 percent of the amount of 
     the credit or voucher so determined. For purposes of this 
     paragraph, each act of discrimination prohibited by section 
     41705 constitutes a separate violation of that section.''.
       On page 89, strike the item relating to section 507 and 
     insert the following:

Sec. 507. Higher standards for handicapped access.


                           amendment no. 3624

 (Purpose: To require human weather observers for ASOS stations until 
   the automated system reports consistently on changing conditions)

       At the appropriate place, insert the following new section:

     SEC.   . AUTOMATED SURFACE OBSERVATION SYSTEM STATIONS.

       The Administrator of the Federal Aviation Administration 
     shall not terminate human weather observers for Automated 
     Surface Observation System stations until--
       (1) the Secretary of Transportation determines that the 
     System provides consistent reporting of changing 
     meteorological conditions and notifies the Congress in 
     writing of that determination; and
       (2) 60 days have passed since the report was submitted to 
     the Congress.


                           amendment no. 3625

 (Purpose: To provide that communities participating in the community-
 carrier air service program will be selected from all regions of the 
                                country)

       On page 147, line 4, after ``program.'' insert the 
     following: ``For purposes of this subsection, the application 
     of geographical diversity criteria means criteria that--
       ``(1) will promote the development of a national air 
     transportation system; and
       ``(2) will involve the participation of communities in all 
     regions of the country.''.

  Ms. SNOWE. Mr. President, I thank the Chairman, Senator McCain, and 
the ranking member, Senator Ford, for their assistance with my three 
amendments.
  One way that the FAA reauthorization bill will improve the nation's 
air service is through the new Community Carrier Air Service Program. 
This program will provide assistance to communities so that underserved 
markets can attract carriers.
  The Secretary of Transportation will select communities to 
participate in this program based on geographic diversity and other 
unique circumstances that presently hinder communities from attracting 
adequate air service. It is important to note that the intent of this 
language is to ensure that participation in the program will promote 
the development of a national air transportation system. And my 
amendment will ensure that it involves the Transportation must ensure 
this diversity so that every region of the nation can benefit from the 
program.
  An important provision for Maine's pilots is included in my amendment 
on the ASOS program. This amendment requires that the Federal Aviation 
Administration retain human observers at the automated surface 
transportation system stations which have had a high rate of reporting 
error. The language in the amendment requires the FAA to correct the 
problems and notify Congress that the problems have been solved before 
it can remove a human observer from an ASOS station.
  ASOS is an automatic weather observance system which uses electronic 
sensors, computers and display units to detect weather. It is fully 
automated and computerized and is intended to replace human observers 
of on-the-ground weather conditions in specific locales. Information 
from ASOS sensors are transmitted to a computer, and users, like 
pilots, can call a special phone number or tune into a special radio 
frequency to obtain information.
  ASOS is intended to make weather information collection 
and dissemination more cost-effective by replacing

[[Page S10832]]

the human element with electronics. The problem is that in the northern 
tier states, such as Maine, the ASOS system has problems discerning 
certain weather conditions. For example, sleet falls faster than snow 
so ASOS records it as rain and recently heavy smoke from Canadian 
forest fires caused the ASOS at the Houlton airport to report heavy fog 
at the airport. Needless to say, flying through fog is very different 
than flying through smoke. This is a very serious matter and could 
result in life threatening problems if a pilot does not have the proper 
weather information.

  The ASOS systems in Maine have been very unreliable. The station in 
Houlton recorded more than 1,400 mistakes in one year. A letter from 
the FAA dated May 26, 1998, to you admits the problems with the system.
  My third amendment increases fines for those airlines which chose to 
discriminate against the handicapped. Although the airlines have been 
working to improve their treatment of the handicapped, there have been 
some incidents which warrant a sizable fine by the Department of 
Transportation.
  For example, one of my constituents, Ms. Alice Conway, of Portland, 
Maine was returning from Mexico in 1994 after attending a disabilities 
related conference. Her story is a very unfortunate one and clearly 
illustrates the need for penalties which will deter such treatment by 
the airlines and their employees.
  The problem began for Alice in Mexico City. There a mechanical 
problem forced a 45 minute delay in departure. While other passengers 
were able to exit the plane, nobody offered to help Ms. Conway off the 
plane. After the flight finally got underway, Ms. Conway, who is 
paraplegic, asked to use the aisle chair in order to visit the 
restroom. Ms. Conway was denied access to the restroom because the 
chair had been forgotten.
  At one point of the flight, the plane landed in Indianapolis. On the 
ground there, the flight attendants refused to bring her a chair and 
denied her any assistance which would have allowed her to visit the 
restroom. As the flight traveled to Chicago, she asked is she could 
scoot along the aisle of the aircraft to get to the restroom, a flight 
attendant told her that sitting in the aisle was illegal and if she did 
so, she would be arrested when they landed.
  Finally, after seven hours of travel, an attendant gave her a blanket 
and a bottle so that she could empty her colostomy pouch while sitting 
in her seat.
  She had to empty her colostomy pouch in her seat!
  How can any of us condone such behavior? Thankfully, this bill 
contains language that will create stiff penalties for those who 
violate the law.
  Again, I thank the Senator from Arizona and the Senator from Kentucky 
and their staff for their assistance in coming to agreement on these 
three amendments.
  Mr. McCAIN. Mr. President, I understand that these amendments have 
been cleared on both sides. I support them.
  Mr. FORD. Mr. President, I have no objections and support the three 
amendments of the Senator from Maine, Ms. Snowe.
  The PRESIDING OFFICER. There being no further discussion on the 
amendments, without objection, the amendments are agreed to.
  The amendments (Nos. 3623, 3624, and 3625) were agreed to.
  Mr. McCAIN. Mr. President, I move to reconsider the vote.
  Mr. FORD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 3626

  (Purpose: To make technical corrections in the managers' amendment)

  Mr. McCAIN. Mr. President, on behalf of myself and Senator Ford, I 
send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Arizona [Mr. McCain], for himself and Mr. 
     Ford, proposes an amendment numbered 3626.

  Mr. FORD. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 48 of the managers' amendment, strike 
     ``additional'' in line 12, line 16, and line 23.

  Mr. McCAIN. Mr. President, this amendment is in the nature of 
technical corrections, and I ask for its immediate consideration.
  The PRESIDING OFFICER. There being no further debate, without 
objection, the amendment is agreed to.
  The amendment (No. 3626) was agreed to.
  Mr. McCAIN. Mr. President, I move to reconsider the vote.
  Mr. FORD. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. McCAIN. Mr. President, shortly we will have a list of agreed upon 
amendments for tomorrow. We do not have time agreements on those 
amendments, I am sorry to say, but we at least have the list narrowed 
down, and I am confident we are now approaching the point where there 
are probably only two or three controversial amendments.
  My friend from Kentucky can correct me, but I think the majority 
leader, in consultation with the Democratic leader, will decide at what 
time the vote on the Inhofe amendment will take place.
  Mr. FORD. The Senator is correct. And I am more than willing to work 
out whatever time is agreeable to the two leaders. I agree with my 
friend that we need to move on. We are down to just very few votes on 
this piece of legislation. We have worked awfully hard on our side. We 
have been able to clear up two or three that we worked on pretty hard. 
The Snowe amendments we have agreed to, the technical corrections 
amendment we agreed to, and those have been taken care of.
  So we are moving on, even though it does not appear there is much 
action on the floor. Once the legislation is before the Senate, a 
vacuum is created. I learned that a long time ago. You may not have 
everything put together, but once you get started it creates a vacuum, 
and I think we are on our way to being able to pass this piece of 
legislation sometime tomorrow.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, we are awaiting the approval from the 
cloakrooms of this list. So while we are awaiting that, I suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. McCAIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. GREGG). Without objection, it is so 
ordered.


                      Unanimous Consent Agreement

  Mr. McCAIN. Mr. President, I ask unanimous consent that the following 
amendments be the only amendments in order to S. 2279, that they be 
subject to relevant second-degree amendments, and that they be 
considered under time agreements where listed, and that any second-
degree amendment be accorded the same time as the first degree to which 
it is offered, and that the previous requirement of relevancy be in 
effect.
  The following is the list of the amendments: McCain-Ford amendment, a 
managers' amendment; McCain amendment which is relevant, 5 minutes 
equally divided; Hollings amendment, relevant, 5 minutes equally 
divided; Gorton, relevant amendment, 5 minutes equally divided; Ford, 
relevant, 5 minutes equally divided; Bingaman, overflights, bolster 
Native Americans' role, 30 minutes equally divided; Boxer amendment, 
relevant; Daschle, two relevant amendments; DeWine, SOS, 10 minutes 
equally divided; Dorgan, regional jet tax incentives, 2 hours equally 
divided; Dorgan, mandatory interline and joint fare agreements, 2 hours 
equally divided; Faircloth, SOS, 5 minutes equally divided; Feinstein, 
National Airport perimeter slots; Harkin, relevant; Harkin, slots; 
Inhofe, FAA emergency revocation power--and, Mr. President, that is the 
pending amendment No. 3620, the Inhofe amendment on FAA emergency 
revocation power; Landrieu, relevant amendment; Lott, relevant 
amendment; Moynihan, airport improvement, 1 hour equally divided; 
Mikulski-Sarbanes, three amendments, Reagan National, slots, and 
perimeter

[[Page S10833]]

rule, 30 minutes equally divided for each of these three amendments; 
Roth, reintroduce title VIII to bill, 5 minutes equally divided--
  Mr. FORD. That has been taken care of.
  Mr. McCAIN. That amendment would be removed.
  Thompson, criminal penalties for airmen who fly without a 
certificate; Torricelli-Lautenberg, Quiet Communities Act, 1 hour 
equally divided; Torricelli, relevant; D'Amato-Moynihan, DOT issue 70 
slot exemptions at JFK Airport, New York, 10 minutes equally divided; 
Lott-Frist-Moynihan amendment, limit eligible airport size for regional 
jet section, and Reagan National commuter slots, 10 minutes equally 
divided; Reed of Rhode Island, noise at Rhode Island airport, 15 
minutes equally divided; Reed of Rhode Island, code-sharing notice, 15 
minutes equally divided; Robb, Reagan National Airport, slots and 
perimeter rule, 1 hour equally divided; Warner, prohibit new Reagan 
National slots and perimeter rule exemptions until MWAA nominees 
confirmed by the Senate, 1 hour equally divided; Warner, notice, 
comment and hearings before proceeding with Reagan National slots and 
perimeter rule exemptions, 1 hour equally divided; Domenici amendment 
regarding Taos; D'Amato, travel agents, 20 minutes equally divided; 
Coats, Reagan National Airport slots; Daschle, relevant.
  Mr. FORD. McCain-Ford managers' amendment.
  Mr. McCAIN. I did that at the start.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCAIN. Before I proceed further, I do want to say that although 
it looks like there are a lot of amendments, we are working out 
agreements on almost all of them. So I urge my colleagues to get with 
us tomorrow. We can work out these agreements and have two or three 
amendments and hopefully get this legislation passed today.
  Before I proceed, I ask if the distinguished Senator from Kentucky 
has any remarks.
  I yield the floor.
  Mr. FORD. Mr. President, I have no disagreement with the unanimous 
consent proposal, particularly retaining the relevancy that is in 
effect now. There is only one question I might have. There is a 
Torricelli-Lautenberg Quiet Communities Act amendment that should be 
for both, I think. And just so long as that is understood that it is 
not two amendments; it is only one.
  Mr. McCAIN. That is a Torricelli-Lautenberg amendment.
  Mr. FORD. One amendment rather than two. If we could cut an amendment 
off now, we ought to do it instead of waiting until tomorrow. So I 
agree with my colleague, we have an opportunity to finish this bill 
tomorrow. And it is one of those ``must-pass'' bills. And I am very 
hopeful that we can do it. We are here. Our staff is available. We are 
very amenable right now and probably more so tomorrow; but toward noon 
and a little after we may get intolerable. So let's hope we can do 
things early in the morning after our first vote.
  I thank the Chair and thank my colleague.
  Mr. McCAIN. Mr. President, just for the record, I want to make it 
clear that these are first-degree amendments only.
  The PRESIDING OFFICER. The Record will so reflect.

                          ____________________