[Congressional Record Volume 145, Number 120 (Wednesday, September 15, 1999)]
[Senate]
[Pages S10948-S10951]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

 DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  2000

                                 ______
                                 

                 HELMS (AND OTHERS) AMENDMENT NO. 1658

  Mr. HELMS (for himself, Mr. DeWine, Mr. Ashcroft, Mr. Enzi, Mr. 
Brownback, and Mr. Nickles) proposed an amendment to the bill, H.R. 
2084; as follows:

       At the appropriate place, insert the following:
       Sec. ____. (a) Findings.--The Senate makes the following 
     findings:
       (1) The survival of American culture is dependent upon the 
     survival of the sacred institution of marriage.
       (2) The decennial census is required by section 2 of 
     article 1 of the Constitution of the United States, and has 
     been conducted in every decade since 1790.
       (3) The decennial census has included marital status among 
     the information sought from every American household since 
     1880.

[[Page S10949]]

       (4) The 2000 decennial census will mark the first decennial 
     census since 1880 in which marital status will not be a 
     question included on the census questionnaire distributed to 
     the majority of American households.
       (5) The United States Census Bureau has removed marital 
     status from the short form census questionnaire to be 
     distributed to the majority of American households in the 
     2000 decennial census and placed that category of information 
     on the long form census questionnaire to be distributed only 
     to a sample of the population in that decennial census.
       (6) Every year more than $100,000,000,000 in Federal funds 
     are allocated based on the data collected by the Census 
     Bureau.
       (7) Recorded data on marital status provides a basic 
     foundation for the development of Federal policy.
       (8) Census data showing an exact account of the numbers of 
     persons who are married, single, or divorced provides 
     critical information which serves as an indicator on the 
     prevalence of marriage in society.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the United States Census Bureau--
       (1) has wrongfully decided not to include marital status on 
     the census questionnaire to be distributed to the majority of 
     Americans for the 2000 decennial census; and
       (2) should include marital status on the short form census 
     questionnaire to be distributed to the majority of American 
     households for the 2000 decennial census.
                                 ______
                                 

                        CRAIG AMENDMENT NO. 1659

  (Ordered to lie on the table.)
  Mr. CRAIG submitted an amendment intended to be proposed by him to 
the bill, H.R. 2084, supra; as follows:

       At the appropriate place, insert the following: ``The 
     Secretary will make available $6,000,000 from the Public 
     Lands Program for safety and capacity improvements to public 
     land access highway U.S. 89 from West Forest Boundary to 
     Bishoff Canyon in Idaho.''
                                 ______
                                 

                  THOMAS (AND ENZI) AMENDMENT NO. 1660

  (Ordered to lie on the table.)
  Mr. THOMAS (for himself and Mr. Enzi) submitted an amendment intended 
to be proposed by them to the bill, H.R. 2084, supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section:
       Sec.   . No monies may be made available to implement the 
     cost sharing provisions of Section 5001(b) of the 
     Transportation Equity Act for the 21st Century with regard to 
     Section 5117(b)(5) of that Act.
                                 ______
                                 

                DASCHLE (AND JOHNSON) AMENDMENT NO. 1661

  Mr. SHELBY (for Mr. Daschle (for himself and Mr. Johnson)) proposed 
an amendment to the bill, H.R. 2084, supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section:

     SEC. ____. TEMPORARY AIR SERVICE INTERRUPTIONS.

       (a) Availability of Funds.--Funds appropriated or otherwise 
     made available by this Act to carry out section 47114(c)(1) 
     of title 49, United States Code, may be available for 
     apportionment to an airport sponsor described in subsection 
     (b) in fiscal year 2000 in an amount equal to the amount 
     apportioned to that sponsor in fiscal year 1999.
       (b) Covered Airport Sponsors.--An airport sponsor referred 
     to in subsection (a) is an airport sponsor with respect to 
     whose primary airport the Secretary of Transportation found 
     that--
       (1) passenger boardings at the airport fell below 10,000 in 
     the calendar year used to calculate the apportionment;
       (2) the airport had at least 10,000 passenger boardings in 
     the calendar year prior to the calendar year used to 
     calculate apportionments to airport sponsors in a fiscal 
     year; and
       (3) the cause of the shortfall in passenger boardings was a 
     temporary but significant interruption in service by an air 
     carrier to that airport due to an employment action, natural 
     disaster, or other event unrelated to the demand for air 
     transportation at the affected airport.
                                 ______
                                 

                       COLLINS AMENDMENT NO. 1662

  (Ordered to lie on the table.)
  Ms. COLLINS submitted an amendment intended to be proposed by her to 
the bill, H.R. 2084, supra; as follows:

       On page 91, between lines 9 and 10, insert the following:
       Sec. 342. (a) Establishment of Commission.--
       (1) Establishment.--There is established a commission to be 
     known as the Airline Deregulation Study Commission (in this 
     section referred to as the ``Commission'').
       (2) Membership.--
       (A) Composition.--Subject to subparagraph (B), the 
     Commission shall be composed of 15 members of whom--
       (i) 5 shall be appointed by the President;
       (ii) 5 shall be appointed by the President pro tempore of 
     the Senate, upon the recommendation of the Majority and 
     Minority leaders of the Senate; and
       (iii) 5 shall be appointed by the Speaker of the House of 
     Representatives, in consultation with the Minority leader of 
     the House of Representatives.
       (B) Members from rural areas.--
       (i) Requirement.--Of the individuals appointed to the 
     Commission under subparagraph (A)--

       (I) one of the individuals appointed under clause (i) of 
     that subparagraph shall be an individual who resides in a 
     rural area; and
       (II) two of the individuals appointed under each of clauses 
     (ii) and (iii) of that subparagraph shall be individuals who 
     reside in a rural area.

       (ii) Geographic distribution.--The appointment of 
     individuals under subparagraph (A) pursuant to the 
     requirement in clause (i) of this subparagraph shall, to the 
     maximum extent practicable, be made so as to ensure that a 
     variety of geographic areas of the country are represented in 
     the membership of the Commission.
       (C) Date.--The appointments of the members of the 
     Commission shall be made not later than 60 days after the 
     date of the enactment of this Act.
       (3) Period of appointment; vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment.
       (4) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (5) Meetings.--The Commission shall meet at the call of the 
     Chairperson.
       (6) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (7) Chairperson.--The Commission shall select a Chairman 
     and Vice Chairperson from among its members.
       (b) Duties of the Commission.--
       (1) Study.--
       (A) Definitions.--In this subsection, the terms ``air 
     carrier'' and ``air transportation'' have the meanings given 
     those terms in section 40102(a) of title 49, United States 
     Code.
       (B) Contents.--The Commission shall conduct a thorough 
     study of the impacts of deregulation of the airline industry 
     of the United States on--
       (i) the affordability, accessibility, availability, and 
     quality of air transportation, particularly in small-sized 
     and medium-sized communities;
       (ii) economic development and job creation, particularly in 
     areas that are underserved by air carriers;
       (iii) the economic viability of small-sized airports; and
       (iv) the long-term configuration of the United States 
     passenger air transportation system.
       (C) Measurement factors.--In carrying out the study under 
     this subsection, the Commission shall develop measurement 
     factors to analyze the quality of passenger air 
     transportation service provided by air carriers by 
     identifying the factors that are generally associated with 
     quality passenger air transportation service.
       (D) Business and leisure travel.--In conducting 
     measurements for an analysis of the affordability of air 
     travel, to the extent practicable, the Commission shall 
     provide for appropriate control groups and comparisons with 
     respect to business and leisure travel.
       (2) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Commission shall submit an interim 
     report to the President and Congress, and not later than 18 
     months after the date of the enactment of this Act, the 
     Commission shall submit a report to the President and the 
     Congress. Each such report shall contain a detailed statement 
     of the findings and conclusions of the Commission, together 
     with its recommendations for such legislation and 
     administrative actions as it considers appropriate.
       (c) Powers of the Commission.--
       (1) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out the duties of the Commission under this section.
       (2) Information from federal agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out the duties of the Commission under this section. Upon 
     request of the Chairperson of the Commission, the head of 
     such department or agency shall furnish such information to 
     the Commission.
       (3) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (4) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (d) Commission Personnel Matters.--
       (1) Travel expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (2) Staff.--
       (A) In general.--The Chairperson of the Commission may, 
     without regard to the civil

[[Page S10950]]

     service laws and regulations, appoint and terminate an 
     executive director and such other additional personnel as may 
     be necessary to enable the Commission to perform its duties. 
     The employment of an executive director shall be subject to 
     confirmation by the Commission.
       (B) Compensation.--The Chairperson of the Commission may 
     fix the compensation of the executive director and other 
     personnel without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates, except that the rate of pay for the executive 
     director and other personnel may not exceed the rate payable 
     for level V of the Executive Schedule under section 5316 of 
     such title.
       (3) Detail of government employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (4) Procurement of temporary and intermittent services.--
     The Chairperson of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (e) Termination of Commission.--The Commission shall 
     terminate 90 days after the date on which the Commission 
     submits its report under subsection (b).
       (f) Funding.--
       (1) In general.--Of the amounts appropriated by this Act, 
     $1,500,000 shall be available to the Commission to carry out 
     this section.
       (2) Availability.--Funds available to the Commission under 
     paragraph (1) shall remain available until expended.
                                 ______
                                 

                       INHOFE AMENDMENT NO. 1663

  Mr. SHELBY (for Mr. Inhofe) proposed an amendment to the bill, H.R. 
2084, supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.  . TERMINAL AUTOMATED RADAR DISPLAY AND INFORMATION 
                   SYSTEM.

       It is the sense of the Senate that, not later than 90 days 
     after the date of enactment of this Act, the Administrator of 
     the Federal Aviation Administration should develop a national 
     policy and related procedures concerning the interface of the 
     Terminal Automated Radar Display and Information System and 
     en route surveillance systems for Visual Flight Rule (VFR) 
     air traffic control towers.
                                 ______
                                 

                        KERRY AMENDMENT NO. 1664

  (Ordered to lie on the table.)
  Mr. KERRY submitted an amendment intended to be proposed by him to 
the bill, H.R. 2084, supra; as follows:

       In the appropriate place, insert:
       ``Of the funds made available in this act for Sec. 123 of 
     Title 23 U.S. Code, $2,432,000 shall be provided to the State 
     of Nebraska for improvements to provide access to the Boyer 
     Chute National Wildlife Refuge, Fort Calhoun, Washington 
     County, Nebraska.''
                                 ______
                                 

                        ROBB AMENDMENT NO. 1665

  (Ordered to lie on the table.)
  Mr. ROBB submitted an amendment intended to be proposed by him to the 
bill, H.R. 2084, supra; as follows:

       At the appropriate place, insert the following:

     SEC.  . NOISE BARRIERS, VIRGINIA.

       Use of Apportioned Funds: Notwithstanding any other 
     provision of law, the Secretary of Transportation may approve 
     the use of funds apportioned under paragraphs (1) and (3) of 
     section 104(b) of title 23, United States Code, for 
     construction of Type II noise barriers for the West Langley 
     community along Interstate 495.
                                 ______
                                 

                       DURBIN AMENDMENT NO. 1666

  (Ordered to lie on the table.)
  Mr. DURBIN submitted an amendment intended to be proposed by him to 
the bill, H.R. 2084, supra; as follows:

       At the appropriate place, insert the following:
       Sec.   . (a) Findings.--The Senate finds that the Village 
     of Bourbonnais, Illinois and Kankakee County, Illinois, have 
     incurred significant costs for the rescue and cleanup related 
     to the Amtrak train accident of March 15, 1999. These costs 
     have created financial burdens for the Village, the County, 
     and other adjacent municipalities.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the National Railroad Passenger Corporation (Amtrak) 
     should reimburse the Village of Bourbonnais, Illinois, 
     Kankakee County, Illinois, and any other related 
     municipalities for all necessary costs of rescue and cleanup 
     efforts related to the March 15, 1999 accident, not covered 
     by other outside sources including insurance.
                                 ______
                                 

                  THOMAS (AND ENZI) AMENDMENT NO. 1667

  (Ordered to lie on the table.)
  Mr. THOMAS (for himself and Mr. Enzi) submitted an amendment intended 
to be proposed by them to the bill, H.R. 2084, supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section:
       Sec.   . For purposes of Section 51127(b)(5) of the 
     Transportation Equity Act for the 21 Century, the cost 
     sharing provisions of Section 5001(b) of that Act shall not 
     apply.
                                 ______
                                 

                 DEWINE (AND OTHERS) AMENDMENT NO. 1668

  (Ordered to lie on the table.)
  Mr. DeWINE (for himself, Mr. Coverdell, Mr. Graham, Mr. Murkowski, 
Mr. Smith of Oregon, Ms. Landrieu, Mr. Breaux, and Mr. Grassley) 
submitted an amendment intended to be proposed by them to the bill, 
H.R. 2084, supra; as follows:

       On page 91, between lines 9 and 10, insert the following:
       Sec. 342. (a) Amounts for Drug Elimination Activities.--In 
     addition to any other amounts appropriated by this Act for 
     the Coast Guard, $345,000,000 are appropriated to the Coast 
     Guard, of which--
       (1) $151,500,000 shall be used as operating expenses for 
     the drug enforcement activities of the Coast Guard in 
     accordance with section 812(a) of the Western Hemisphere Drug 
     Elimination Act (title VIII of division C of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999 (Public Law 105-277)); and
       (2) $193,500,000 shall be used by the Commandant of the 
     Coast Guard, in a manner that the Commandant determines to be 
     consistent with section 812 of the Western Hemisphere Drug 
     Elimination Act, for acquiring maritime patrol aircraft, 
     surface patrol vessels, or sensors.
                                 ______
                                 

                 ABRAHAM (AND LEVIN) AMENDMENT NO. 1669

  (Ordered to lie on the table.)
  Mr. ABRAHAM (for himself and Mr. Levin) submitted an amendment 
intended to be proposed by them to the bill, H.R. 2084, supra; as 
follows:

       On page 6, line 14, strike ``$2,772,000,000'' and replace 
     with ``$2,775,666,000''.
       Insert on page 7, line 22, after the word ``systems'', 
     ``:Provided further, That the Secretary of Transportation 
     shall continue to operate and maintain the seasonal Coast 
     Guard air search and rescue facility located in Muskegon, 
     Michigan''.
                                 ______
                                 

                        REED AMENDMENT NO. 1670

  (Ordered to lie on the table.)
  Mr. REED submitted an amendment intended to be proposed by him to the 
bill, H.R. 2084, supra; as follows:

       At the end of title III, add the following:
       Sec. ____. (a) In title I, under the heading ``COAST 
     GUARD'', the total amount appropriated for alteration of 
     bridges is hereby increased by $2,000,000. The additional 
     $2,000,000 shall be available for removal of the Sakonnet 
     River Railroad Bridge, Rhode Island.
       (b) In title I, under the heading ``COAST GUARD'', the 
     total amount appropriated for acquisition, construction, and 
     improvements for shore facilities-general for minor AC&I 
     shore construction projects is hereby reduced by $2,000,000.
                                 ______
                                 

                        SMITH AMENDMENT NO. 1671

  (Ordered to lie on the table).
  Mr. SMITH of New Hampshire submitted an amendment intended to be 
proposed by him to the bill, H.R. 2084, supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section:

     SEC. ____. PROHIBITION ON FUNDING ESTABLISHMENT OF NATIONAL 
                   IDENTIFICATION CARD.

       None of the funds appropriated or otherwise made available 
     by this or any other Act (including unobligated balances of 
     prior year appropriations) may be used to carry out--
       (1) any provision of law that establishes a national 
     identification card; or
       (2) section 656 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (relating to 
     identification-related documents).
                                 ______
                                 

                     TORRICELLI AMENDMENT NO. 1672

  (Ordered to lie on the table.)
  Mr. TORRICELLI submitted an amendment intended to be proposed by him 
to the bill, H.R. 2084, supra; as follows:

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3____. USE OF SURFACE TRANSPORTATION FUNDS FOR 
                   RESTORATION OF AIRPORT HANGER, CAPE MAY COUNTY 
                   AIRPORT.

       Notwithstanding any other provision of law, the guidance 
     issued by the Secretary of Transportation in June 1999 
     excluding aviation from the definition of surface 
     transportation for the purpose of funding for transportation 
     enhancement activities shall not apply to the application of 
     the Naval Air Station Wildwood Foundation for a grant of 
     funds apportioned under section 104(b)(3) of title 23, United 
     States Code, for phase 2 of the project for restoration of 
     Airport Hangar

[[Page S10951]]

     No. 1 at Cape May County Airport, New Jersey.
                                 ______
                                 

                     REID AMENDMENTS NOS. 1673-1674

  (Ordered to lie on the table.)
  Mr. REID submitted two amendments intended to be proposed by him to 
the bill, H.R. 2084, supra; as follows:

                           Amendment No. 1673

       At an appropriate place in the Federal-aid Highways 
     (Limitations on Obligations) (Highway Trust Fund) section 
     insert the following: ``Provided further, That, not 
     withstanding any other provision of law, the Secretary shall, 
     at the request of the State of Nevada, transfer up to 
     $10,000,000 OF Minimum Guarantee apportionments, and an equal 
     amount of obligation authority, to the State of California 
     for use on High Priority Project No. 829 `Widen I-15 in San 
     Bernardino County,' Section 1602 of Public Law 105-178.''
                                  ____


                           Amendment No. 1674

       At an appropriate place in the Federal-aid Highways 
     (Limitations on Obligations) (Highway Trust Fund) section 
     insert the following: ``Provided further, that, not 
     withstanding any other provision of law, the Secretary shall, 
     at the request of the State of Nevada, transfer up to 
     $10,000,000 OF Minimum Guarantee apportionments, and an equal 
     amount of obligation authority, to the State of California 
     for use on High Priority Project No. 829 `Widen I-15 in San 
     Bernardino County,' Section 1602 of Public Law 105-178.''
                                 ______
                                 

                 DORGAN (AND CONRAD) AMENDMENT NO. 1675

  (Ordered to lie on the table.)
  Mr. DORGAN (for himself and Mr. Conrad) submitted an amendment 
intended to be proposed by them to the bill, H.R. 2084, supra; as 
follows:

       On page 91, between lines 9 and 10, insert the following:

     SEC. 3  . EMERGENCY ROAD RECONSTRUCTION FUNDS FOR SPIRIT LAKE 
                   INDIAN RESERVATION.

       Of the amount available for obligation from the emergency 
     fund authorized by section 125 of title 23, United States 
     Code, $15,419,198 shall be obligated to pay for the repair or 
     reconstruction of highways, roads, and trails in the Spirit 
     Lake Indian Reservation that were damaged by disasters that 
     occurred before the date of enactment of this Act.
                                 ______
                                 

                LANDRIEU (AND WYDEN) AMENDMENT NO. 1676

  (Ordered to lie on the table.)
  Ms. LANDRIEU (for herself and Mr. Wyden) submitted an amendment 
intended to be proposed by them to the bill, H.R. 2084, supra; as 
follows:

       On page 65, line 22, before the period at the end of the 
     line, insert the following ``: Provided, That the funds made 
     available under this heading shall be used for the submission 
     to the appropriate committees of Congress by the Inspector 
     General, not later than July 15, 2000, of a report on the 
     extent to which air carriers and foreign carriers deny travel 
     to airline consumers with non-refundable tickets from one 
     carrier to another, including recommendations to develop a 
     passenger-friendly and cost-effective solution to ticket 
     transfers among airlines when seats are available.
                                 ______
                                 

                 GORTON (AND OTHERS) AMENDMENT NO. 1677

  Mr. GORTON (for himself, Mrs. Feinstein, Mr. Bryan, Mr. Lieberman, 
Mr. Reed, Mr. Moynihan, Mr. Chafee, and Mrs. Boxer) proposed an 
amendment to the bill, H.R. 2084, supra; as follows:

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

     SEC. 3____. SENSE OF THE SENATE CONCERNING CAFE STANDARDS.

       (a) Findings.--The Senate finds that--
       (1) the corporate average fuel economy (CAFE) law, codified 
     at chapter 329 of title 49, United States Code, is critical 
     to reducing the dependence of the United States on foreign 
     oil, reducing air pollution and carbon dioxide, and saving 
     consumers money at the gas pump;
       (2) the cars and light trucks of the United States are 
     responsible for 20 percent of the carbon dioxide pollution 
     generated in the United States;
       (3) the average fuel economy of all new passenger vehicles 
     is at its lowest point since 1980, while fuel consumption is 
     at its highest;
       (4) since 1995, a provision in the transportation 
     appropriations Acts has prohibited the Department of 
     Transportation from examining the need to raise CAFE 
     standards for sport utility vehicles and other light trucks;
       (5) that provision denies purchasers of new sport utility 
     vehicles and other light trucks the benefits of available 
     fuel saving technologies;
       (6) the current CAFE standards save more than 3,000,000 
     barrels of oil per day;
       (7)(A) the current CAFE standards have remained the same 
     for nearly a decade;
       (B) the CAFE standard for sport utility vehicles and other 
     light trucks is \3/4\ the standard for automobiles; and
       (C) the CAFE standard for sport utility vehicles and other 
     light trucks is 20.7 miles per gallon and the standard for 
     automobiles is 27.5 miles per gallon;
       (8) because of CAFE standards, the average sport utility 
     vehicle emits about 75 tons of carbon dioxide over the life 
     of the vehicle while the average car emits about 45 tons of 
     carbon dioxide;
       (9) the technology exists to cost effectively and safely 
     make vehicles go further on a gallon of gasoline; and
       (10) improving light truck fuel economy would not only cut 
     pollution but also save oil and save owners of new sport 
     utility vehicles and other light trucks money at the gas 
     pump.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the issue of CAFE standards should be permitted to be 
     examined by the Department of Transportation, so that 
     consumers may benefit from any resulting increase in the 
     standards as soon as possible; and
       (2) the Senate should not recede to section 320 of this 
     bill, as passed by the House of Representatives, which 
     prevents an increase in CAFE standards.

                          ____________________