[Congressional Record Volume 146, Number 77 (Monday, June 19, 2000)]
[House]
[Pages H4675-H4676]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 4201

                         Offered By: Mr. Markey

       Amendment No. 1: Page 3, line 23, insert ``educational'' 
     after ``nonprofit''.
       Page 4, line 3, insert ``educational'' before 
     ``religious''.

                               H.R. 4201

                         Offered By: Mr. Markey

               (Amendment in the Nature of a Substitute)

       Amendment No. 2: Strike all after the enacting clause and 
     insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Noncommercial Broadcasting 
     Freedom of Expression Act of 2000''.

     SEC. 2. CLARIFICATION OF SERVICE OBLIGATIONS OF NONCOMMERCIAL 
                   EDUCATIONAL OR PUBLIC BROADCAST STATIONS.

       (a) Service Conditions.--Section 309 of the Communications 
     Act of 1934 (47 U.S.C. 309) is amended by adding at the end 
     the following new subsection:
       ``(m) Service Conditions on Noncommercial Educational and 
     Public Broadcast Stations.--
       ``(1) In general.--A nonprofit educational organization 
     shall be eligible to hold a noncommercial educational radio 
     or television license if the station is used primarily to 
     broadcast material that the organization determines serves an 
     educational, instructional, cultural, or educational 
     religious purpose (or any combination of such purposes) in 
     the station's community of license, unless that determination 
     is arbitrary or unreasonable.
       ``(2) Additional content-based requirements prohibited.--
     The Commission shall not--
       ``(A) impose or enforce any quantitative requirement on 
     noncommercial educational radio or television licenses based 
     on the number of hours of programming that serve educational, 
     instructional, cultural, or religious purposes; or
       ``(B) impose or enforce any other requirement on the 
     content of the programming broadcast by a licensee, 
     permittee, or applicant for a noncommercial educational radio 
     or television license that is not imposed and enforced on a 
     licensee, permittee, or applicant for a commercial radio or 
     television license, respectively.
       ``(3) Rules of construction.--Nothing in this subsection 
     shall be construed as affecting--
       ``(A) any obligation of noncommercial educational 
     television broadcast stations under the Children's Television 
     Act of 1990 (47 U.S.C. 303a, 303b); or
       ``(B) the requirements of section 396, 399, 399A, and 399B 
     of this Act.''.
       (b) Political Broadcasting Exemption.--Section 312(a)(7) of 
     the Communications Act of 1934 (47 U.S.C. 312(a)(7)) is 
     amended by inserting ``, other than a noncommercial 
     educational broadcast station,'' after ``use of a 
     broadcasting station''.
       (c) Audit of Compliance With Donor Privacy Protection 
     Requirements.--Section 396(l)(3)(B)(ii) of the Communications 
     Act of 1934 (47 U.S.C. 396(l)(3)(B)(ii)) is amended--
       (1) in subclause (I), by inserting before the semicolon the 
     following: ``, and shall include a determination of the 
     compliance of the entity with the requirements of subsection 
     (k)(12)''; and
       (2) in subclause (II), by inserting before the semicolon 
     the following: ``, except that such statement shall include a 
     statement regarding the extent of the compliance of the 
     entity with the requirements of subsection (k)(12)''.
       (d) Implementation.--Consistent with the requirements of 
     section 3 of this Act, the Federal Communications Commission 
     shall amend sections 73.1930 through 73.1944 of its rules (47 
     C.F.R. 73.1930-73.1944) to provide that those sections do not 
     apply to noncommercial educational broadcast stations.

     SEC. 3. RULEMAKING.

       (a) Limitation.--After the date of enactment of this Act, 
     the Federal Communications Commission shall not establish, 
     expand, or otherwise modify requirements relating to the 
     service obligations of noncommercial educational radio or 
     television stations except by means of agency rulemaking 
     conducted in accordance with chapter 5 of title 5, United 
     States Code, and other applicable law (including the 
     amendments made by section 2).
       (b) Rulemaking Deadline.--The Federal Communications 
     Commission shall prescribe such revisions to its regulations 
     as may be necessary to comply with the amendment made by 
     section 2 within 270 days after the date of enactment of this 
     Act.

                               H.R. 4516

                        Offered By: Mr. Andrews

       Amendment No. 5: Page 40, insert after line 19 the 
     following:

                        Administrative Provision

       Sec. 211. The Comptroller General shall conduct a study of 
     the project proposed to be carried out by the Secretary of 
     the Army to dredge the Delaware River to bring the depth of 
     its shipping channel to 45 feet, and shall include in the 
     study an analysis of the following issues:
       (1) Whether the benefit to the nation of carrying out this 
     project is outweighed by its costs.
       (2) The extent to which the project is in compliance with 
     the applicable requirements of the National Environmental 
     Policy Act, including whether the sponsors of the project 
     addressed the following issues in preparing the environmental 
     impact statement associated with this project:
       (A) The environmental impact of the disposal sites for 
     materials dredged during the course of the project.
       (B) The impact of any dredging of private oil refinery 
     berths which may be associated with the project.
       (C) The impact of the project on essential fish and oyster 
     habitats.
       (D) Whether the averages of the levels of toxins in samples 
     taken from the sediment of the River failed to reveal areas 
     where toxins are highly concentrated.
       (E) The threats to drinking water supplies and water 
     quality.
       (3) The environmental and economic impacts of placing 
     23,000,000 cubic yards of dredged materials on the riverfront 
     of communities near the project.
       (4) The failure of the Secretary of the Army to obtain a 
     meaningful number of commitments from private entities to 
     carry out similar dredging of their privately owned ports.

                               H.R. 4635

                         Offered By: Mr. Baker

       Amendment No. 32: Page 14, line 13, insert after the dollar 
     amount the following: ``(increased by $30,000,000)''.

[[Page H4676]]

       Page 20, line 13, insert after the dollar amount the 
     following: ``(reduced by $30,000,000)''.

                               H.R. 4635

                        Offered By: Mr. Cummings

       Amendment No. 33: Page 73, line 3, after the dollar amount 
     insert the following: ``(reduced by $2,800,000)''.
       Page 73, line 18, after the dollar amount insert the 
     following: ``(increased by $2,800,000)''.

                               H.R. 4635

                     Offered By: Mr. Green of Texas

       Amendment No. 34: Page 90, after line 16, insert the 
     following new section:
       Sec. 426. None of the funds provided under this Act may be 
     used by the Environmental Protection Agency to issue, 
     implement, or enforce any regulatory program (including 
     reporting requirements) applicable to pipeline facilities for 
     the transportation of hazardous liquids subject to 
     regulations issued by the Office of Pipeline Safety, 
     Research, and Special Programs Administration of the 
     Department of Transportation under part 195 of title 49 of 
     the Code of Federal Regulations, with respect to the matters 
     regulated under that part.

                               H.R. 4635

                        Offered By: Mr. Hinchey

       Amendment No. 35: Page 90, after line 16, insert:
       Sec. 426. Any limitation in this Act on funds made 
     available in this Act for the Environmental Protection Agency 
     shall not apply to:
       (1) The use of dredging or other invasive sediment 
     remediation technologies;
       (2) enforcing drinking water standards for arsenic; or
       (3) promulgation of a drinking water standard for radon

     where such activities are authorized by law.

                               H.R. 4635

                    Offered By: Mrs. Meek of Florida

       Amendment No. 36: Page 30, after line 14, insert the 
     following new items:


                        Urban Empowerment Zones

       For grants in connection with a second round of the 
     empowerment zones program in urban areas, designated by the 
     Secretary of Housing and Urban Development in fiscal year 
     1999 pursuant to the Taxpayer Relief Act of 1997, 
     $150,000,000 to the Secretary of Housing and Urban 
     Development for ``Urban Empowerment Zones'', including 
     $10,000,000 for each empowerment zone for use in conjunction 
     with economic development activities consistent with the 
     strategic plan of each empowerment zone, to remain available 
     until expended.


                        Rural Empowerment Zones

       For grants for the rural empowerment zone and enterprise 
     communities programs, as designated by the Secretary of 
     Agriculture, $15,000,000 to the Secretary of Agriculture for 
     grants for designated empowerment zones in rural areas and 
     for grants for designated rural enterprise communities, to 
     remain available until expended.

                               H.R. 4635

                    Offered by: Mrs. Meek of Florida

       Amendment No. 37: Page 30, line 20, after the dollar 
     amount, insert the following: ``(increased by 
     $395,000,000)''.

                               H.R. 4635

                        Offered by: Mr. Mollohan

       Amendment No. 38: Page 23, strike the provisos that begin 
     on lines 6, 12, and 16.
       Page 24, after line 19, insert the following:
       For incremental vouchers under section 8 of the United 
     States Housing Act of 1937, $593,000,000, to remain available 
     until expended: Provided, That of the amount provided by this 
     paragraph, $66,000,000 shall be available for use in a 
     housing production program in connection with the low-income 
     housing tax credit program to assist very low-income and 
     extremely low-income families.
       Page 25, line 1, after the dollar amount, insert the 
     following: ``(increased by $200,000,000)''.
       Page 25, line 19, after the dollar amount, insert the 
     following: ``(increased by $127,000,000)''.
       Page 27, line 23, after the dollar amount, insert the 
     following: ``(increased by $30,000,000)''.
       Page 29, line 24, after the dollar amount, insert the 
     following: ``(increased by $43,000,000)''.
       Page 30, line 20, after the dollar amount, insert the 
     following: ``(increased by $395,000,000)''.
       Page 35, line 16, after the dollar amount, insert the 
     following: ``(increased by $215,000,000)''.
       Page 35, line 17, after the dollar amount, insert the 
     following: ``(increased by $5,000,000)''.
       Page 36, line 13, after the dollar amount, insert the 
     following: ``(increased by $80,000,000)''.
       Page 37, after line 5, insert the following new item:


         america's private investment companies program account

         For the cost of guaranteed loans under the America's 
     Private Investment Companies Program, $37,000,000, to remain 
     available until September 30, 2003, of which not to exceed 
     $1,000,000 shall be for administrative expenses to carry out 
     such a loan program, to be transferred to and merged with the 
     appropriation under this title for ``Salaries and Expenses'': 
     Provided, That such costs, including the cost of modifying 
     loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974: Provided further, That 
     these funds are available to subsidize total loan principal, 
     any part of which is guaranteed, not to exceed 
     $1,000,000,000.
       Page 37, line 12, after the dollar amount, insert the 
     following: ``(increased by $114,000,000)''.
       Page 37, line 13, after the dollar amount, insert the 
     following: ``(increased by $90,000,000)''.
       Page 38, line 2, after the dollar amount, insert the 
     following: ``(increased by $24,000,000)''.

                               H.R. 4635

                        Offered By: Mr. Mollohan

       Amendment No. 39: Page 73, line 18, insert after the dollar 
     amount the following: ``(increased by $322,700,000)''.

                               H.R. 4635

                          Offered By: Mr. Ney

       Amendment No. 40: Under the heading ``Medical and 
     Prosthetic Research'' of title I, page 9, line 8, insert 
     ``(increased by $5,000,000)'' after ``$321,000,000''.
       Under the heading ``Environmental Programs and Management'' 
     of title III, page 59, line 6, insert ``(reduced by 
     $5,000,000)'' after ``$1,900,000,000''.

                               H.R. 4635

                         Offered By: Mr. Scott

       Amendment No. 41: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec. ____. (a) Findings Regarding the State of NASA 
     Aeronautics Funding.--The Congress finds the following:
       (1) The past efforts of the National Aeronautics and Space 
     Administration in aeronautics research have yielded 
     significant technological breakthroughs that have improved 
     aircraft safety and efficiency, including wing design, noise 
     abatement, structural integrity, and fuel efficiency.
       (2) Every aircraft worldwide uses National Aeronautics and 
     Space Administration technology.
       (3) Past investments in aeronautics research have 
     contributed significantly to the Nation's economy.
       (4) The aerospace industry, made up primarily of 
     aeronautics products, is the number one net positive 
     contributor to the Nation's international balance of trade.
       (5) Over the past decade there has been a dramatic decline 
     in funding for aeronautics research.
       (6) Funding for aeronautics research makes up less than 
     five percent of the budget of the National Aeronautics and 
     Space Administration.
       (7) In the last two years alone, the aeronautics component 
     of the National Aeronautics and Space Administration budget 
     has been reduced by 30 percent.
       (8) A 1999 report by the National Research Council entitled 
     ``Recent Trends in U.S. Aeronautics Research and Technology'' 
     expressed concern ``that the ongoing reductions in 
     [aeronautics] [research and technology (R&T)], which seem to 
     be motivated primarily by the desire to reduce expenditures 
     in the near term, are taking place without an adequate 
     understanding of the long-term consequences'' and that the 
     Federal Government ``analyze the national security and 
     economic implications of reduced aeronautics R&T funding 
     before the nation discovers that reductions in R&T have 
     inadvertently done severe, long-term damage to its 
     aeronautics interests''.
       (9) This Act reduces the already underfunded investment in 
     aeronautics research even further and may impact the long-
     term safety and convenience of the Nation's air 
     transportation system.
       (b) Sense of the House.--It is the sense of the House of 
     Representatives that legislation enacted into law for funding 
     the Departments of Veterans Affairs and Housing and Urban 
     Development and independent agencies for fiscal year 2001 
     should not result in funding for National Aeronautics and 
     Space Administration aeronautic research programs which is 
     less than the level in the President's requested fiscal year 
     2001 budget.

                               H.R. 4635

                   Offered By: Mr. Smith of Michigan

       Amendment No. 42: Page 30, line 20, after the dollar 
     amount, insert the following: ``(reduced by $20,000,000)''.
       Page 30, line 21, after the dollar amount, insert the 
     following: ``(reduced by $20,000,000)''.
       Page 77, line 1, after the dollar amount, insert the 
     following: ``(increased by $20,000,000)''.

                               H.R. 4635

                   Offered By: Mr. Smith of Michigan

       Amendment No. 43: Page 56, line 13, after the dollar 
     amount, insert the following: ``(reduced by $10,000,000)''.
       Page 77, line 1, after the dollar amount, insert the 
     following: ``(increased by $10,000,000)''.